It is argued here that cognitive science currently neglects an important source of insight into the human mind: the effects created by magicians. Over the centuries, magicians have learned how to perform acts that are perceived as defying the laws of nature, and that induce a strong sense of wonder. This article argues that the time has come to examine the scientific bases behind such phenomena, and to create a science of magic linked to relevant areas of cognitive science. Concrete (...) examples are taken from three areas of magic: the ability to control attention, to distort perception, and to influence choice. It is shown how such knowledge can help develop new tools and indicate new avenues of research into human perception and cognition. (shrink)

Magicians use misdirection to prevent you from realizing the methods used to create a magical effect, thereby allowing you to experience an apparently impossible event. Magicians have acquired much knowledge about misdirection, and have suggested several taxonomies of misdirection. These describe many of the fundamental principles in misdirection, focusing on how misdirection is achieved by magicians. In this article we review the strengths and weaknesses of past taxonomies, and argue that a more natural way of making sense of misdirection is (...) to focus on the perceptual and cognitive mechanisms involved. Our psychologically-based taxonomy has three basic categories, corresponding to the types of psychological mechanisms affected: perception, memory, and reasoning. Each of these categories is then divided into subcategories based on the mechanisms that control these effects. This new taxonomy can help organize magicians' knowledge of misdirection in a meaningful way, and facilitate the dialog between magicians and scientists. (shrink)

Our perceptual experience is largely based on prediction, and as such can be influenced by knowledge of forthcoming events. This susceptibility is commonly exploited by magicians. In the Vanishing Ball Illusion, for example, a magician tosses a ball in the air a few times and then pretends to throw the ball again, whilst secretly concealing it in his hand. Most people claim to see the ball moving upwards and then vanishing, even though it did not leave the magician’s hand (Kuhn (...) & Land, 2006; Triplett, 1900). But what exactly can such illusions tell us? We investigated here whether seeing a real action before the pretend one was necessary for the Vanishing Ball Illusion. Participants either saw a real action immediately before the fake one, or only a fake action. Nearly one third of participants experienced the illusion with the fake action alone, while seeing the real action beforehand enhanced this effect even further. Our results therefore suggest that perceptual experience relies both on long-term knowledge of what an action should look like, as well as exemplars from the immediate past. In addition, whilst there was a forward displacement of perceived location in perceptual experience, this was not found for oculomotor responses, consistent with the proposal that two separate systems are involved in visual perception. (shrink)

It has been argued that Prioritarianism violates Risky Non-Antiegalitarianism, a condition stating roughly that an alternative is socially better than another if it both makes everyone better off in expectation and leads to more equality. I show that Risky Non-Antiegalitarianism is in fact compatible with Prioritarianism as ordinarily defined, but that it violates some other conditions that may be attractive to prioritarians. While I argue that the latter conditions are not core principles of Prioritarianism, the choice between these conditions and (...) Risky Non-Antiegalitarianism nonetheless constitutes an important intramural debate for prioritarians. (shrink)

Teleosemantics has an indeterminacy problem. In an earlier publication, I argued that teleosemanticists may afford to be realists about indeterminacy, pointing to the phenomenon of vagueness as a case of really-existing semantic indeterminacy. Here, I continue that project by proposing two criteria of adequacy that a semantically indeterminate theory should meet: a criterion of theoretical adequacy and a criterion of extensional adequacy. I present reasons to think that indeterminate versions of teleosemantics can meet these criteria. I end by discussing vagueness, (...) concluding that it most likely is not the same kind of phenomenon as the semantic indeterminacy afflicting teleosemantics. (shrink)

Over the centuries, magicians have developed extensive knowledge about the manipulation of the human mind—knowledge that has been largely ignored by psychology. It has recently been argued that this knowledge could help improve our understanding of human cognition and consciousness. But how might this be done? And how much could it ultimately contribute to the exploration of the human mind? We propose here a framework outlining how knowledge about magic can be used to help us understand the human mind. Various (...) approaches—both old and new—are surveyed, in terms of four different levels. The first focuses on the methods in magic, using these to suggest new approaches to existing issues in psychology. The second focuses on the effects that magic can produce, such as the sense of wonder induced by seeing an apparently impossible event. Third is the consideration of magic tricks—methods and effects together—as phenomena of scientific interest in their own right. Finally, there is the organization of knowledge about magic into an informative whole, including the possibility of a science centered around the experience of wonder. (shrink)

The past few years have seen a resurgence of interest in the scientific study of magic. Despite being only a few years old, this “new wave” has already resulted in a host of interesting studies, often using methods that are both powerful and original. These developments have largely borne out our earlier hopes (Kuhn et al., 2008) that new opportunities were available for scientific studies based on the use of magic. And it would seem that much more can still be (...) done along these lines. -/- But in addition to this, we also suggested that it might be time to consider developing an outright science of magic—a distinct area of study concerned with the experience of wonder that results from encountering an apparently impossible event1. To this end, we proposed a framework as to how this might be achieved (Rensink and Kuhn, 2015). A science can be viewed as a systematic method of investigation involving three sets of issues: (i) the entities considered relevant, (ii) the kinds of questions that can be asked about them, and (iii) the kinds of answers that are legitimate (Kuhn, 1970). In the case of magic, we suggested that this could be done at three different levels, each focusing on a distinct set of issues concerned with the nature of magic itself: (i) the nature of magical experience, (ii) how individual magic tricks create this experience, and (iii) organizing knowledge of the set of known tricks in a more comprehensive way (Rensink and Kuhn, 2015). Our framework also included a base level focused on how the methods of magic could be used as tools to investigate issues in existing fields of study. -/- Lamont (2010) and Lamont et al. (2010) raised a number of concerns about the possibility of such a science, which we have addressed (Rensink and Kuhn, 2015). More recently, Lamont (2015) raised a new objection, arguing that although base-level work (i.e., applications of magic methods) might be useful, there is too little structure in magic tricks for them to be studied in a systematic way at the other levels, ruling out a science of magic. We argue here, however, that although this concern raises some interesting challenges for this science, it does not negate the possibility that it could exist, and could contribute to the study of the mind. (shrink)

According to internalism about rationality, the ir/rationality of a subject depends only on how things appear from her subjective perspective. According to culpabilism, rationality is a normative standard such that violations of rationality are (at least sometimes) blameworthy. According to a classical line of reasoning, culpabilism entails internalism. I argue that, to the contrary, culpabilism entails that internalism is false. The internalist cannot accommodate the possibility of culpable irrationality.

“Pick a card, any card. This has to be a completely free choice.” the magician tells you. But is it really? Although we like to think that we are using our free will to make our decisions, research in psychology has shown that many of our behaviours are automatic and unconsciously influenced by external stimuli (Ariely, 2008; Bargh & Chartrand, 1999; Newell & Shanks, 2014; Nisbett & Wilson, 1977), and that we are often oblivious to the cognitive mechanisms that underpin (...) our decision (Wegner, 2002, 2003). Magicians have exploited this illusory sense of agency for a long time, and have developed a wide range of techniques to influence and control spectators’ choices of such things as card, word, or number (Annemann, 1933; Banachek, 2002a; Jones, 1994; Turner, 2015). These techniques are instances of what is called forcing. -/- Many forces are extremely effective, illustrating various weaknesses in our sense of control over decisions and their outcomes. Researchers have started to investigate them in various ways (Kuhn, Pailh s, & Lan, 2020; Olson, Amlani, Raz, & Rensink, 2015; Pailhes & Kuhn, 2020b, 2020c; Shalom et al., 2013) and are beginning to obtain valuable insights into decision-making processes as well as a better understanding of the cognitive mechanisms that lead people to experience an illusory sense of free will and of agency. -/- Although magicians have acquired large amounts of knowledge in covertly controlling people’s choices, much of this knowledge is only discussed in the context of individual magic tricks, or in books that are not readily accessible to non-magicans. As we and others have argued elsewhere (Ekroll, Sayim, & Wagemans, 2017; Kuhn, 2019; Kuhn, Amlani, & Rensink, 2008; Kuhn, Caffaratti, Teszka, & Rensink, 2014; Macknik et al., 2008; Olson et al., 2015; Olson, Landry, Appourchaux, & Raz, 2016; Shalom et al., 2013; Thomas, Didierjean, Maquestiaux, & Gygax, 2015), a particularly effective way of making this knowledge more available is via the creation of taxonomies centered around psychological mechanisms (Rensink & Kuhn, 2015). For example, the psychologically based taxonomy of misdirection (Kuhn et al., 2014) helps draw links between misdirection and formal theories of perception and cognition. -/- Our aim here is to apply a similar process to the knowledge magicians have about forcing. The present paper develops a psychologically based taxonomy of forcing techniques with two goals in mind. Firstly, it should help uncover the various psychological mechanisms that underlie forcing techniques. Secondly, it should facilitate knowledge transfer between magicians and psychologists. Among other things, this knowledge will allow researchers to gain new insights into the mechanisms underlying decision-making, and the feeling of free will and of agency over choice. We start by defining the magician’s force and then look at some of the past classifications of forcing. (shrink)

O presente trabalho pretende delinear a noção de Panpsiquismo no projeto filosófico de Gustav Theodor Fechner, especialmente a partir da análise do livro Über die Seelenfrage, de 1861. Para isso, o artigo repõe em linhas gerais a questão das relações entre seu projeto filosófico e a Psicofísica, uma vez que as interpretações clássicas sobre Fechner geralmente enxergam essas duas competências como separadas. Em segundo lugar, o artigo situa questões históricas sobre Fechner e a Psicologia (e sobre filosofia e ciência), (...) bem como a importância da Naturphilosophie em seu projeto. Finalmente, passa-se à análise dos argumentos de Fechner em defesa do Panpsiquismo e analisam-se novamente as relações entre essa visão e a Psicofísica. *** *** *** *** *** *** *** The present work analyses the concept of Panpsychism considering Gustav Theodor Fechner's philosophical project, especially fo- cusing on his 1861 book Über die Seelenfrage. To accomplish this purpose, the article firstly out- lines the links between his philosophical project and Psychophysics, considering that several classic interpretations of Fechner’s writings often considers these two subjects as separate. Secondly, the article situates some historical questions on Fechner and Psychol- ogy, as well as his perspectives on philosophy and science, and including his interpretation of Naturphilosophie. Finally, the article analyses Fechner’s arguments defending Panpsychism and looks again at the relationships between this view and Psychophysics. (shrink)

A presente pesquisa em desenvolvimento tem como propósito demonstrar por meio da interpretação das concepções filosóficas a influência de Gustav Radbruch tendo como ponto de partida o direito das obrigações. Por meio da análise da obra Filosofia do Direito, entende-se a perpetuação do autor como uma ponte para a compreensão dos conceitos de personalidade, propriedade e contrato, tendo como fundamento sempre as bases do direito alemão.

This paper analyses the methodological writings of the nineteenth century historian Johann Gustav Droysen. It explores how Droysen integrates the political and methodological aspects of historiography. The paper shows that Droysen relies on a procedure of “affirmative genealogy” which, in turn, is based on a concept of historical continuity. On Droysen’s account, historical continuity enables “historical understanding”. And the understanding of historical continuities provides the statesman – the “practical historian” – with a solid basis for political decision making.

In _Deaths in Venice_ Philip Kitcher explores the bearing that _Death in Venice_ by Thomas Mann may have on 'the oldest and deepest question of philosophy: _how to live_'. In this paper, I will distinguish two ways in which this question can be interpreted. One one reading, it amounts to the question 'how to lead a valuable or worthy life?', whereas on the other it involves a more elusive idea, namely, that a person may breath and walk and still be (...) dead in a relevant sense, that is, from the perspectivo in which being alive does not reduce to biological survival. In my view, Kitcher's reflection on Mann's novella relies on the first, more standard reading. I argue, though, that the being-alive interpretation sheds a more unified light on _Death in Venice_; in fact, I will conclude that the need to shift from one to another interpretation constitutes a fundamental concern in the novella. (shrink)

The violent death of Landauer in May 1919 at the end of the Räterepublik of Munich left several of his best friends with a terrible feeling: a sense of tension between the unique hopes incarnated by Landauer and the spiritual and political void his passing left behind. This article is an attempt to capture the tragic shift from a living revolutionary who projected his unique anarchist views onto the failed Munich Revolution to the efforts of a group of close friends (...) who searched to save their dear Landauer from the infamy of failure, making of his months in Munich and his death an important amendment to his spiritual and political legacy. (shrink)

The formal ontology here presented is what we might call a typed combinatorial Meinongian mereology. Its author seeks to formulate the laws, here called ‘canons’, regulating how entities can combine together in wholes of different sorts. The method, as in Bergmann’s earlier works, involves the construction of an ideal language of such a sort that the analysis of complex wholes can be achieved by transforming our natural-language representations of reality into what we might think of as artificial characteristic maps or (...) diagrams which allow the relevant ontological structures to be read off immediately from the symbolic representations which results. In former works Bergmann had held that the symbolic language of Principia Mathematica could serve as the appropriate diagrammatic device for the standard first-order functional calculus and develops instead a new sort diagrammatic language. (shrink)

This essay explores the works of German artist Gustav Metzger as a potential response to Theodor W. Adorno’s dictum “Nach Auschwitz ein Gedicht zu schreiben, ist barbarisch” (“To write poetry after Auschwitz is barbaric”). It argues that culture, as understood in the Adornian sense, is inextricably barbaric as a result of simply being after Auschwitz. Culture must acknowledge the finitude in its own ability to live up to an ethical demand in response to justice, whose arrival is infinitely deferred. (...) In spite of this, culture, and art in particular, must not refrain from the very act of writing. Metzger’s works are discussed as aesthetic responses to the “new categorical imperative” of Adorno, who addresses art’s failure in light of Auschwitz by pointing to aporias that constitute the inescapable condition of “barbarism.” This essay suggests that Metzger’s aesthetic articulations are nonbarbaric ruptures, in that they challenge our living on irresponsibly within the condition of barbarism via a constant confrontation with complicity. (shrink)

A scholar of Hellenistic and Prussian history, Droysen developed a historical theory that at the time was unprecedented in range and depth, and which remains to the present day a valuable key for understanding history as both an idea and a professional practice. Arthur Alfaix Assis interprets Droysen’s theoretical project as an attempt to redefine the function of historiography within the context of a rising criticism of exemplar theories of history, and focuses on Droysen’s claim that the goal underlying historical (...) writing and reading should be the development of the subjective capacity to think historically. In addition, Assis examines the connections and disconnections between Droysen’s theory of historical thinking, his practice of historical thought, and his political activism. Ultimately, Assis not only shows how Droysen helped reinvent the relationship between historical knowledge and human agency, but also traces some of the contradictions and limitations inherent to that project. (shrink)

The history of phenomenology is usually portrayed within its methodological scope and the same goes for its turning points, such as the hermeneutical approach developed by Martin Heidegger. I argue, however, that Gustav Shpet’s hermeneutical phenomenology has an ontological bearing and its methodological acceptance is subsidiary. I extract textual pieces of evidence from his critical appraisal of Husserl’s Ideen I, i.e. Appearance and Sense (1914), as well as from his phenomenological essay, The Consciousness and its Owner (1916), in order (...) to show that at the basis of hermeneutics as a method lies a hermeneutical being on its own. I support this claim by comparing in a topological-contemplative way—that is a methodological procedure found in Viorel Cernica’s work on history of Romanian philosophy—the ideas of Gustav Shpet and those of Martin Heidegger that converge on this point. I show that both of them conceived human subjectivity as being both unique and historical, a notion that denounces Husserl’s transcendental turn. However, I claim that this differentiation doesn’t imply a dissent from phenomenology, but rather its recasting into a different philosophical ethos. (shrink)

Thomas Mann's "Death in Venice" is a profound fable, delivering a poignant moral lesson: suppressing one's desires can lead to distortion and an unhealthy, obsessive attachment. This, in turn, may trigger frantic and perverse attempts to obtain the initial object of desire. Aschenbach's inability to confront and satisfy his sexual urges ultimately becomes his undoing. This moral framework enables me to delve deeper into Aschenbach's actions, shedding light on the underlying animal instincts that drive his inner struggle. As a character, (...) Aschenbach embodies the archetype of the rational individual who endeavors to govern his primal, carnal urges. However, when his intellectual defenses crumble in the face of his raw desires, the battle between restraint and longing escalates into a whirlwind of uncontrollable actions. These actions catch Aschenbach off guard, and he never anticipated falling victim to them, nor did he mistrust his ability to control them. Paradoxically, he regains a semblance of control through his commitment to literary honor and morality. (shrink)

In his Eighth Symphony Gustav Mahler envisions modern artistic production to steer clear of an alternative emerging at the time: that between popular music on the one hand and esoteric avantgarde music on the other; Mahler’s music is meant to reach the masses, but without descending to audiences’ lowest common denominator. One query through which Mahler’s paradoxical aesthetic vision of an ‘individualism for the masses’ can be explored has been hinted at by the composer himself: Does his integral symphonic (...) work of art (‘Gesamtkunstwerk’) include or rather exclude chamber music? (shrink)

This article proposes the first systematic explanation and analysis of Gustave Landauer’s central concept of Antipolitik. Liberation from the rule of the one or the many is at the heart of Landauer’s notion of antipolitics. For the purpose of understanding the originality of Landauer’s antipolitical stance, this essay juxtaposes Landauer’s key texts on this concept with several sources that constitute its philosophical background. With reference to La Boétie, Hobbes, Nietzsche, Proudhon, Kropotkin, Aristotle, Tönnies, and Marx, it clarifies three central dimensions (...) in Landauer’s concept of antipolitics: the psychological critique of political modernity, the search for a renewal of the spirit, and the therapeutic return to the community. (shrink)

This volume aims to develop a philosophical diagnostic of the present, focussing on contemporary technoscience. psychoanalysis submits contemporary technoscientific discourse to a symptomatic reading, analysing it with evenly-poised attention and from an oblique perspective. Psychoanalysis is not primarily interested in protons, genes or galaxies, but rather in the ways in which they are disclosed and discussed, focussing on the symptomatic terms, the metaphors and paradoxes at work in technoscientific discourse. This monograph presents a psychoanalytical assessment of technoscience. The first four (...) chapters provide a short introduction into the psychoanalysis of technoscience, its basic concepts and methods, as developed Sigmund Freud, Carl Gustav Jung, Gaston Bachelard and Jacques Lacan. In subsequent chapters, this approach is fleshed out with the help of case histories (palaeoanthropology, classical conditioning and virology). Psychoanalysis reveals that, rather than by disinterested curiosity, technoscience is driven by desire, resistance and the will to control. Moreover, the focus is on primal scenes, such as Dubois’ quixotic quest for the missing link and Pavlov’s discovery of the conditioned reflex. In addition, psychoanalysis opts for triangulation: understanding technoscientific research by comparing it to “different scenes”: to genres of the imagination, notably novels, so that, in this volume, the discovery of a Homo erectus skull by Dubois is compared to missing link novels by Jules Verne and Jack London (dating from the same period), Pavlov’s discovery of the conditioned reflex is compared with B.F. Skinner’s novel Walden Two and virology as a research field is considered through the lens of viral fiction. (shrink)

In this paper I revisit nineteenth-century debates over historical objectivity and the political functions of historiography. I focus on two central contributors to these debates: Leopold von Ranke and Johann Gustav Droysen. In their takes on objectivity and subjectivity, impartiality and political engagement I reveal diametrically opposed solutions to shared concerns: how can historians reveal history to be meaningful without taking recourse to speculative philosophy? And how can they produce a knowledge that is relevant to the present when the (...) project of “exemplary” history has been abandoned? I put a special focus on the relativist themes in Ranke’s and Droysen’s answers to these questions. Ranke’s demand for impartiality leads him to think of all historical epochs as equally valid, while Droysen’s emphasis on the historian’s subjectivity relativizes historical truth. In order to explain why Ranke and Droysen nevertheless remained unfazed by the problem of historical relativism, I analyze their normative conceptions of the historian’s disciplinary ethos. I show that Ranke and Droysen think of objective impartiality and subjective partiality not only in methodological terms, but also in terms of justice and ethic duty. This normative element secures the professional study of history an ethical-political relevance for the present. (shrink)

This essay addresses the attitude of some leading Neo-Kantian philosophers toward scientific psychology and psychophysics. Early influential figures like Friedrich A. Lange counted Gustav T. Fechner’s psychophysical law among their allies in the rehabilitation of the Kantian standpoint. Later on, however, Neo-Kantian philosophers firmly rejected psychological measurement as a whole and harshly criticized the methods adopted by several psychologists of their time. For example, the Marburg mathematician and philosopher August Stadler reduced the validity of Fechner’s law to the mere (...) physiological sphere, and Hermann Cohen conceived the application of mathematical integration to human sensations as an inane enterprise. (shrink)

This article frames Trump's politics through a genealogy of propaganda, going back to P.T. Barnum in the 19th century and moving through the crowd psychologist Gustave Le Bon and the public relations counsel Edward Bernays in the 20th. This genealogy shows how propaganda was developed as a tool by eager professionals who would hire themselves to the elite to control the masses. Trump’s propaganda presents a break in that he has not only removed professionals from control over his propaganda, he (...) has mobilized it as a force against them. His lower and middle class supporters may not materially gain from Trump’s politics, but they get to vent their ressentiment on the professional class and see them too become the targets of propagandistic control. Ultimately, the conflict between working class whites, those without college degrees, and professionals earns little for its participants and occludes the role that elites play in class dynamics in the United States. This article adds substance and context to the claims that Trump’s appeal is anti-professional while showing that the claims that his supporters are ‘voting against their interests’ does not reflect the real psychological benefits many Trumpists get from supporting him. (shrink)

This chapter presents Gustave Flaubert’s Madame Bovary and Samuel Beckett’s Trilogy as modern fictions with ancient-skeptical ambitions. Whether in the affective domain (Flaubert) or in the cognitive (Beckett), the aim is to help the reader achieve a position of studied neutrality—ataraxia, époché—thanks not to an a priori decision but to the mutual cancellation of opposing tendencies. Understanding Flaubert and Beckett in this way allows us, first, to enrich our sense of what “catharsis” may involve; second, to see why the apparently (...) odious Charles, in Madame Bovary, suddenly becomes a deeply touching figure; and third, to recognize the severe limitations of empathy-based moralist theories of fiction. (shrink)

The paper provides an analysis of Martin Buber’s intellectual conversion and shows how it facilitates a deeper understanding of the phenomenon of nationalism. Buber, who is today known mainly as a key representative of dialogical philosophy, was in the 1910s part of the double wave of German and Jewish nationalism which strongly affected the German-speaking Jewish public. Buber provided intellectual support for this wave of nationalism and interpreted World War I as a unique chance for the spiritual unification of European (...) Jewry. Consequent to his conflict with Gustav Landauer Buber underwent a complex intellectual and existential transformation. He abandoned key concepts of his pre-dialogical thought and laid the foundations of his dialogical thought. He rejected his endorsement of Geman nationalism and substantially reevaluated his political positions. The analysis of Buber’s intellectual development sheds light on some important aspects of the dynamics of nationalism. (shrink)

This article explains Wittgenstein's distinction between good, bad, and vacuous modern music which he introduced in a diary entry from January 27, 1931. I situate Wittgenstein's discussion in the context of Oswald Spengler's ideas concerning the decline of Western culture, which informed Wittgenstein's philosophical progress during his middle period, and I argue that the music theory of Heinrich Schenker, and Wittgenstein's critique thereof, served as an immediate link between Spengler's cultural pessimism and Wittgenstein's threefold distinction. I conclude that Wittgenstein's distinction (...) between bad and vacuous modern music is analogous to Schenker's distinction between the compositional fallacies of the progressive and the reactionary composers of his time. Concomitantly, Wittgenstein's philosophically problematic notion of good modern music transcended the conceptual framework of both Schenker and Spengler. In this context, I examine Wittgenstein's remarks on Gustav Mahler as well as his remark on the music of the future as monophony, which, I conclude, should be understood ultimately as an ellipsis of his much later view of musical meaning and intelligibility. (shrink)

I begin by defending Heinrich Gustav Hotho’s foundational edition of the Lectures on Aesthetics (LA) contra Gethmann-Siebert and others who argue for a non-systematic view of Hegel’s aesthetics generally and music specifically. I defend Hegel against the common conceit that his comprehension of music was somehow deficient and introduce the Hegelian idea of absolute agency as performative in art and music. Reference to Kant’s transcendental aesthetics then allows us to grasp how, in Hegel, meaningful tones arise from the vibratory (...) oscillation between selfhood’s presiding unity and its temporal self-positing. I then trace back further elements of musical architecture, such as rhythm, harmony and melody to the temporal oscillation arising from within selfhood. The fundamental ambiguity within temporal oscillation is the source of meaningfulness in music, the feeling that its experience is meaningful without telling us exactly what that meaning is. Meaningfulness forms the absolute Ur-Ton of beautiful music, which arises as determinate tones within selfhood and resonates into the soul of the listener. The temporal vanishing of musical tones within a compositional framework is a pre-linguistic expression of meaning, performative of the ambiguous oscillation between the human and the divine. (shrink)

In the latter half of the 19th century, economic thought in the Germanspeaking world was dominated, both intellectually and academically, by the so-called historical school, from Wilhelm Roscher to Gustav Schmoller and others. In 1871, the Austrian Carl Menger published his Grun&tze der Volkswirtschaftslehre (Menger, 1976 (1871)), customarily referred to as one of the three simultaneous discoveries of marginalist economics-the other two marginalist ‘revolutionaries’ being Jevons in England and Walras in France. Twelve years later, in 1883, Menger published a (...) major methodological treatise entitled Untersuchungen iiber die Methode der Socialwissenschaften und der Politischen Oekonomie insbesondere (Menger, 1963 (1883)). This book included criticisms of some of the historicist principles of doing economics. In the same year, Schmoller, leader of the German historicists, wrote a critical review of Menger’s book (Schmoller, 1883). Menger reacted forcefully with a more straightforwardly polemical small book, Die Irrthiimer des Historismus in der deutschen National6konomie (Menger, 1884). Commentaries by others appeared in later years, but this brief episode amounted to what has thereafter been called the Methodenstreit between Menger and Schmoller. It has been established as perhaps the most famous methodological controversy in the history of the social sciences. (shrink)

Ludwig Wittgenstein's life and writings attest the extraordinary importance that the art of music had for him. It would be fair to say even that among the great philosophers of the twentieth century he was one of the most musically sensitive. Wittgenstein’s Denkbewegungen contains some of his most unique remarks on music, which bear witness not only to the level of his engagement in thinking about music, but also to the intimate connection in his mind between musical acculturation, the perils (...) of modernity, and the challenge, which was very personal to Wittgenstein, of philosophizing amidst what he believed was a dissolution of the resemblances which unite his culture’s ways of life. In particular, Denkbewegungen contains unique remarks on modern music, the problem of Gustav Mahler’s music, and the music of the future. Also, it contains, among other things, some unusually forward-looking remarks on the differences between Brahms and Bruckner, which both probe deeply into the nature of musical creativity and anticipate his later philosophical move beyond the inner/outer divide in his last writings. I shall offer a close reading of Wittgenstein’s remarks on music in Denkbewegungen, which situates them in the broader context of his philosophical development in his middle-period and beyond. I aim to show the deep integration of Wittgenstein’s thinking about music with his philosophical development, his deep sense of cultural lamentation, and his development as a person and as a philosophical expositor. (shrink)

The validity of psychological measurement is crucially connected to a peculiar form of epistemic circularity. This circularity can be a threat when there are no independent ways to assess whether a certain procedure is actually measuring the intended target of measurement. This paper focuses on how Gustav Theodor Fechner addressed the measurement circularity that emerged in his psychophysical research. First, I show that Fechner's approach to the problem of circular measurement involved a core idealizing assumption of a shared human (...) physiology. Second, I assess Fechner's approach to this issue against the backdrop of his own epistemology of measurement and the measurement context of his time. Third, I claim that, from a coherentist and historicallysituated perspective, Fechner's quantification can be regarded as a first successful step of a longer-term quantification process. To conclude, I draw from these insights some general epistemological reflections that are relevant to current quantitative psychology. (shrink)

Friedrich Nietzsche’s criticism towards the substance-concept „I“ plays an important role in his late thought, and can be properly understood by making reference to the 19th century debate on the scientific psychology. Friedrich Lange and Ernst Mach gave an important contribution to that debate. Both of them developed the ideas of Gustav Fechner, and thought about a „psychology without soul“, i.e. an investigation that gives up with the old metaphysics of substance in dealing with the mind-body problem. In this (...) paper I shall deal with both Lange and Mach (whose writings has been read by Nietzsche), in order to shed some light on Nietzsche’s rejection of the „I“ in philosophy. (shrink)

This study attempts to reconstruct Nietzsche’s reading of Aristotle in the 1860s and 1870s—the years before he left his career as a philologist. Against the popular view that Nietzsche read only one book by Aristotle, namely the Rhetoric, the present study hopes to show that he had direct knowledge of several of Aristotle’s main works, while much of his interest in Aristotle centred on the latter’s account of art. The particular aim of this study is to explore how Nietzsche’s reading (...) of Aristotle contributed to the formation of The Birth of Tragedy. It will show that, although Nietzsche mentions Aristotle in his first book only en passant, his theory of tragedy should be understood against the background of Aristotelian poetics, especially as interpreted by such contemporaries as Jacob Bernays, Joseph Hubert Reinkens, and Gustav Teichmüller. (shrink)

At the end of the 19th century, most professional historians – wherever they existed – deemed history to be a form of knowledge ruled by a method that bears no resemblance with those most commonly traceable in the natural sciences. The bulk of the historian’s task was then frequently regarded as being the application of procedures frequently referred to as ‘historical method’. In the context of such an emerging interest on historical methods and methodology, at least three textbooks stand out: (...) Johann Gustav Droysen’s Grundriss der Historik (Outline of the Theory of History), Ernst Bernheim’s Lehrbuch der historischen Methode (Handbook of Historical Method), and Charles Langlois and Charles Seignobos’s Introduction aux études historiques (Introduction to the Study of History). These books were quite influential in Germany, France, and elsewhere, and they very much helped promote a general idea of historical method that would become relatively consensual among historians of many nationalities by the early 20th century. Such a relative agreement on historical method sponsored both the communication and the development of a sense of disciplinary identity among historians trained within different and sometimes conflicting national traditions. It was then partially extended, partially challenged, and surely made more complex when, from the 1920s on, social and economic historians became a good part of the historiographical establishment in many countries. -/- The three books by Droysen, Bernheim, and Langlois and Seignobos were already pieced together by Rolf Torstendahl, who studied them as a group of texts that, despite their differences, contributed to shape the developments outlined above. However, Torstendahl’s primary aim was to show how Droysen, Bernheim, and Seignobos all resorted to ‘method’ as a way to circumvent skepticism against the possibility of historical knowledge, rather than investigate the internal interrelationships between the three texts. In this chapter I follow precisely this latter, not yet taken, road, focusing on crucial cross-references between the Grundriss, the Lehrbuch, and the Introduction. I intend to show that, at a general level, the schemes of historical method found in these texts are largely convergent, and that this convergence is due to Bernheim’s reading of Droysen and to Langlois and Seignobos’s reading of Bernheim. I will attempt to do it through a regressive approach that starts with an analysis of the Introduction. Aspects of the editorial history and circulation of the three texts will also be briefly addressed, as a way to illustrate their special importance within the framework of early 20th century historical theory. Because my argument calls for a focus on the most general lines of Droysen’s, Bernheim’s, and Langlois and Seignobos’s schemes of historical method, I will, for the sake of consistency, refrain from analysing in-depth the complex epistemological and ontological arguments in which those schemes are nested. (shrink)

Unifying physics by describing a variety of interactions – or even all interactions – within a common framework has long been an alluring goal for physicists. One of the most ambitious attempts at unification was made in the 1910s by Gustav Mie. Mie aimed to derive electromagnetism, gravitation, and aspects of the emerging quantum theory from a single variational principle and a well-chosen Lagrangian. Mie’s main innovation was to consider nonlinear field equations to allow for stable particle-like solutions (now (...) called solitons), and he clarified the use of variational principles in the context of special relativity. The following brief introduction to Mie’s work has three main objectives. The first is to explain how Mie’s project fit into the contemporary development of the electromagnetic world view. Part of Mie’s project was to develop a relativistic theory of gravitation as a consequence of his generalized electromagnetic theory, and our second goal is to briefly assess this work, which reflects the conceptual resources available for developing a new account of gravitation by analogy with electromagnetism. Finally, Mie was a vocal critic of other approaches to the problem of gravitation. Mie’s criticisms of Einstein, in particular, bring out the subtlety and novelty of the ideas that Einstein used to guide his development of general relativity. (shrink)

Georg Henrik von Wright was not only the first interpreter of Wittgenstein, who argued that Spengler’s work had reinforced and helped Wittgenstein to articulate his view of life, but also the first to consider seriously that Wittgenstein’s attitude to his times makes him unique among the great philosophers, that the philosophical problems which Wittgenstein was struggling, indeed his view of the nature of philosophy, were somehow connected with features of our culture or civilization. -/- In this paper I draw inspiration (...) and courage from Von Wright’s insistence that trying to understand Wittgenstein in relation to his times is a philosophic task in its own right in order to probe into a relatively obscure region in Wittgenstein’s thought: his relation to the music of his times. It is a topic, on which Von Wright, and most other prominent Wittgenstein scholars, have said very little, but it is also one, which Wittgenstein himself attested was so important to him that he felt without it he was sure to be misunderstood. -/- I offer textual and historical evidence in support of my claim that, parallel to Wittgenstein’s exposure to Spengler’s Decline of the West in 1930, he was also introduced to the music theory of Heinrich Schenker, which helped him to articulate, partly by way of critique, a complex and unique position concerning the modern music of his times, which exhibits his rejection of what Von Wright later dubbed ‘the myth of progress’. As Von Wright observed in other regions of Wittgenstein’s work, he believed also with regards to the arts and to music in particular, neither in a brilliant future nor in the good old days. -/- I argue that Wittgenstein actually made a distinction between three kinds of modern music: (a) bad modern music, which is clearly a case of confusing means for ends, the hallmark of the myth of progress, as Von Wright observed; (b) vacuous modern music, which embodies some sort of diffidence, a difficulty to see through the omnipresence of what Von Wright called (following Habermas) a ‘colonialization’ of reified measures of progress; (c) good modern music, a paradoxical notion for Wittgenstein, which betokens the unlikely yet possible striving to penetrate through what appears as dissolution of the resemblances which unite this culture’s ways of life by rendering this condition as expressible and intransitively understandable. In the context of this third category, I offer an interpretation of Wittgenstein’s complex remarks on the music of Gustav Mahler, which palpably show that the problem of good modern music and the problem of philosophizing in the time of civilization were one and the same in Wittgenstein’s mind. -/- I conclude that, with regards to Von Wright’s own critical view of the modern myth of progress, we can learn from Wittgenstein that progress in the realm of art is closely aligned with the ideal of the perfection of man, yet transcending a social or political context. It is the ideal of cultural cohesion: affinity that the arts show to other human practices and cultural artifacts of its period. Wittgenstein’s tentative notion of good modern music (and its circumscription by his notion of the music of the future) may show its true colors when viewed in the context of Von Wright’s plea not to abandon work for progress as a critical task. (shrink)

O presente trabalho pretende inserir a História da Psicologia dentro de um debate mais alargado, em torno das Histórias da Filosofia e das Ciências. Para isso, o objeto de análise é a célebre frase de Ebbinghaus, 'A Psicologia tem um longo passado, mas uma curta história', e toda a tradição de livros e textbooks decorrente dela, muito popular nos séculos XX e XXI. O trabalho analisará o texto de Ebbinghaus e seus compromissos decorrentes. Então realizará uma crítica a essa tradição, (...) em três frentes: primeiramente, trazendo à tona estudos mais recentes sobre Gustav Fechner, encarado como figura central na constituição da Psicologia como ciência, mas não obstante ignorado por seus compromissos 'especulativos'; em segundo lugar, confrontando tais questões com as perspectivas do século XX, especialmente a história epistemológica das ciências; finalmente, abrindo o 'longo passado' a uma história mais alargada, a partir de analistas mais contemporâneos que começaram a perscrutar o próprio termo 'Psicologia'. ____________________________________________________________________________________________ This paper intends to insert the History of Psychology in a wider debate along with the History of Philosophy and History of Science. In order to do that, the object of analysis is Hermann Ebbinghaus’s famous phrase, ‘Psychology has an old past, but a short history’, and all the tradition of books and textbooks due to it, very popular on the 20th and 21st centuries. The paper is going to analyse Ebbinghaus’s text and its historical commitments and consequences. Then will perform a critics of this tradition, in 3 fronts of arguments: firstly, bringing up some more recent studies on Gustav Fechner, seen as a central character on the making of Psychology as a science, but nevertheless ignored for its ‘speculative’ commitments. Secondly, the paper will confront such questions with the historical perspectives of 20th century, specially the epistemological history of science. Finally, the paper will open the argument of ‘old past’ to a more wide ‘history’, showing contemporary analysts who started to scan the historical meaning of the word ‘Psychology’. (shrink)

Friedrich Nietzsche's criticism towards the substance-concept «I» plays an important role in his late thought, and can be properly understood by making reference to the 19th century debate on the scientific psychology. Friedrich Lange and Ernst Mach gave an important contribution to that debate. Both of them developed the ideas of Gustav Fechner, and thought about a «psychology without a soul», i.e. an investigation that gives up with the old metaphysics of substance in dealing with the mind-body problem. In (...) this paper I shall deal with Lange's and Mach's view of the I/soul, in order to shed some light on Nietzsche's rejection of the «I» in philosophy. (shrink)

Die Psychologie hat sich im zweiten Viertel des 19. Jahrhunderts langsam zu einer autonomen Disziplin entwickelt. Im Unterschied zu den anderen Figuren in dieser Entwicklung, Johann Friedrich Herbart, Ernst Heinrich Weber und Gustav Theodor Fechner, hat Lotze in seiner Medicinische Psychologie (1852) von Anfang an die neue Disziplin, die Psychologie, konsequent in enger Verbindung mit der Philosophie entwickelt. Damit hat er die Hoffnung gebremst, die Psychologie völlig experimentellen Untersuchungen zu überlassen, die um diese Zeit schon viele gepflegt haben. Lotze (...) scheute sich jedoch, diese Disziplin „philosophische Psychologie“ zu benennen. Sie war für ihn nur physiologische Psychologie, herausarbeitet mit Hilfe der Philosophie. Sie stellt nur Tatsachen fest, untersucht wie Körper und Seele sich zueinander verhalten und dies nicht nur empirisch, sondern auch „metaphysisch“. (shrink)

The purpose of this essay is exegesis. I explicate Nicolas Malebranche's (1674, 1678, 1688, 1714) concept of intelligible extension. I begin by detailing how the concept matured throughout Malebranche's work, and the new functions it took on within his metaphysical system. I then examine Gustav Bergmann's “axiomatic” interpretation, as well as the criticism of it offered by Daise Radner. I argue that Radner's criticism of the interpretation is only partly successful; some of her objections can be met; others cannot. (...) I then develop a novel interpretation of the concept, given insights from this dispute. I call it the “programmatic interpretation.” I argue that this interpretation coheres well with Malebranche's famous Vision in God thesis, as well as many of his other commitments. I conclude by considering a certain pertinent objection to my proposal, summarizing the dialectic, and forcefully restating my case. (shrink)

In this paper I explain Wittgenstein’s ambivalent remarks on the music of Gustav Mahler in their proper musico-philosophical context. I argue that these remarks are connected to Wittgenstein’s hybrid conception of musical decline and to his tripartite scheme of modern music. I also argue that Mahler’s conundrum was indicative of Wittgenstein’s grappling with his own predicament as a philosopher, and that this gives concrete sense to Wittgenstein’s admission that music was so important to him that without it he was (...) sure to be misunderstood. (shrink)

The paper charts both the interpersonal connections between historical anarchist figures and the beat poets as well as the philosophical similarities between them. Almost all the beat poets were anarchists, though their politics was secondary to their attempts to transform consciousness. Among the anarchists, the romantic socialist Gustav Landauer, who was especially popular in post-war American anarchist circles, came closest to the political perspective of the beat poets. Like the beats, Landauer was a poet, a pacifist, an anarchist, a (...) communitarian, a romantic, and a mystic. In northern California, the circle of anarchists surrounding Kenneth Rexroth provided support and inspiration to the early beat movement. In New York, the beats had an affinity with anarchists such as David Thoreau Wieck and the publication "Why?" (later "Resistance"), as well as Dwight Macdonald's "politics" and Holley Cantine's "Retort". (shrink)

RESUMO: O presente texto põe algumas questões referentes à “história” dos fundamentos da Psicologia entre os séculos XIX e XX, mostrando como ocorrem ainda, em História da Psicologia, certos fatores controversos, muitos deles tributários de postulados filosóficos do século XIX, especialmente em torno do positivismo. O artigo concentra-se em mostrar, preliminarmente, de que forma a ruptura da Filosofia Natural e a ascensão da figura do “cientista” no século XIX ensejaram novos motivos de análise, dentre eles certo cientificismo que se impôs (...) inclusive como chave de interpretação histórica. Após uma exposição inicial do problema – chamando a atenção também às consequências institucionais, da formação à profissão –, o artigo faz três breves estudos de caso – em torno de Fechner, Helmholtz e Wundt – e termina por defender perspectivas que abram a História da Psicologia a histórias mais alargadas, tais como a História da Filosofia e as Histórias das Ciências._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ ABSTRACT: The present work poses several questions concerning the history of Psychological’s foundations between 19th and 20th centuries, showing how there are still today certain controversial factors derived from 19th century philosophical postulates acting on the ways of describing psychology’s history, notably around positivism. The article concentrates in showing, in a preliminary way, how the rupture of Natural Philosophy of 18th century and the rise of the figure of the scientist in the 19th century gave rise to new analytical patterns, as well as a certain Scientism that tried to impose itself as the keystone to historical interpretation. The work begins with an initial exposition of the problem – calling into attention the institutional consequences as well, from the psychological common sense to professional issues -, and then analyzes three case studies - Gustav Fechner, Hermann von Helmholtz and Wilhelm Wundt – ending with the defense of perspectives that open the History of Psychology into another historical procedures, such as History of Philosophy and History of Sciences. (shrink)

Essay on the modern artistic ego as sponsored by the exhibition, "Gustav Courbet," February 27-May 18, 2008, Metropolitan Museum of Art, New York, New York, USA. A version of this essay appeared in Gavin Keeney, "Else-where": Essays on Art, Architecture, and Cultural Production 2002-2011 (CSP, 2011), pp. 191-98.

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)

Photomechanical reprint of papers & review articles from 1974 to 1992 mostly in German, some in Swedish or Danish: AUFSÄTZE ‘Beiträge zu den Beziehungen zwischen Gustav Radbruch & Georg Lukács’ [1979] / ‘Die Entwicklung des rechtstheoretischen Denkens in der Ungarischen Räterepublik’ [1969] / ‘Die Kodifikation & ihr Verfall in der Entwicklungsgeschichte der bürgerlichen Demokratie’ [1978] / ‘Rationalitet och rättens objektifiering’ [1975] / ‘Utopi og Kodifikation’ [1976] / ‘Historisches Wesen & aktuelle Bedeutung der Kodifikation’ [1977] / ‘Rechtssetzung als Objektivationsprozesses’ [1979] (...) / ‘Die ministerielle Begründung in rechtsphilosophischer Sicht’ [1977] / ‘Moderne Staatlichkeit & modernes formales Recht’ [1982] / ‘Leibniz & die Frage der rechtlichen Systembildung’ [1973] / ‘Der Systemcharacter des Rechts’ [1979] / ‘Die grundlegende Gesellschaftlichkeit der Rechtsanwendung’ [1978] / ‘Über die Rechtsanwendung (Ontologische Überlegungen)’ [1986] / ‘Recht & Rechtsverwirklichung (»Juristischer Weltbild«, Subsumption & Manipulation)’ [1979] / ‘Hans Kelsens Rechtsanwendungslehre (Entwicklung, Mehrdeutigkeiten, offene Probleme, Perspektiven)’ [1986] / ‘Geltung des Rechts – Wirksamkeit des Rechts’ [1978] / ‘Heterogeneität & Geltung des Rechts’ [1979] / ‘Hans Kelsens’ Reine Rechtslehre – gestern, heute, morgen’ [1988] / ‘Für die Selbständigkeit der Rechtspolitik’ [1985] / ‘Die Gewaltenteilung (Ideologie & Utopie im politischen Denken)’ [1984] / ‘Rechtskultur – Denkkultur’ [1988] // ZUSAMMENFASSUNGEN / REZENSIONEN [by & on the author]. (shrink)