In this, the first published collection of writings by Hippolyte Havel (1871–1950), Nathan Jun brings a crucial, yet largely forgotten revolutionary figure back into historical focus. Havel was a Czech anarchist at the center of New York’s political and artistic circles at the turn of the twentieth century. He was an editor of numerous publications, including Emma Goldman’s Mother Earth and his influence on several writers, artists, and intellectuals (including Eugene O’Neill, Joseph Stieglitz, and Sadakichi Hartmann) helped shape American (...) modernism. Proletarian Days provides an illuminating introduction to the man and his times. (shrink)

What is the connection between modelling thought and modelling the brain? In a model (as understood here), we strip away from the modelled system some non-essential features and retain some essential ones. What are the essential features of thought that are to be re- tained in the model, and conversely, what are its inessential features, that may be stripped away in the model? According to a prevalent view in contemporary science and philoso- phy, thought is a computation, and therefore its (...) essential features are its computational features. A necessary part of the computational view of thought is the idea that the same computation can be realised by, or implemented in, physically heterogeneous systems, an idea known as “Multiple Realizability” of the computational features or properties by the physical ones. I will describe why the very idea of Multiple Realizability, especially in the case of mental computation, entails mind-body dualism, and explore some implications of this conclusion concerning the question of which are the essential features of thought to be retained in modeling it. (shrink)

In this essay we focus on our vast web of beliefs that serves us as a rough and ready map of reality, generated more to give us comfort and confidence in an intimidating world than to be accurate. Maps of reality can never be accurate in any ultimate sense since reality itself is a convoluted entity that can only be accessed in never- ending layers. Our repertoire of beliefs, generated compulsively in the mind, span a huge spectrum in respect of (...) ties to affect and emotions on the one hand and of their credibility in depicting reality on the other. The interaction between our affect-based psychological needs, our need for having a sound comprehension of reality, and the infinitely tangled reality itself, leads to the generation of a large diversity of types of beliefs, where these get revised under the impact of reality by overcoming the restrain- ing effect of emotions in diverse ways and over diverse time scales—interestingly, the ‘reality’ includes the complex repertoire of affect and emotions itself that may, in cer- tain cases, generate the impact for our beliefs to change. Beliefs represented by small clusters in our belief network (see below) are commonly prone to frequent revision in a more or less random manner, though there are beliefs acquired in early life that are intransigent to change because of overriding ties to emotions. Beliefs represented by larger clusters are comparatively durable, and their revision has a systematic aspect to it because of a greater role of evidence-based factors—however,the evidence may, once again, be tied with emotions and beliefs oriented away from reason. Finally, there are prepotent beliefs that are resistant to change even over a lifetime. Often, these beliefs get revised only if we engage with our own selves, looking at conflicting forces within ourselves. In this context, we refer to narratives that are self-reinforcing and exercise almost a mesmerizing influence on us. In all this, there is a dual role of ‘rationality’ that needs being attended to in describing and explaining belief revision—rationality is not exclusively based on evidence and reason, but includes the implicit operation of affect and emotions too. (shrink)

Types are a crucial concept in conceptual modelling, logic, and knowledge representation as they are an ubiquitous device to un- derstand and formalise the classification of objects. We propose a logical treatment of types based on a cognitively inspired modelling that ac- counts for the amount of information that is actually available to a cer- tain agent in the task of classification. We develop a predicative modal logic whose semantics is based on conceptual spaces that model the ac- tual information (...) that a cognitive agent has about objects, types, and the classification of an object under a certain type. In particular, we ac- count for possible failures in the classification, for the lack of sufficient information, and for some aspects related to vagueness. (shrink)

It’s common knowledge that those objects we regard as great works of art have a capacity to survive across time. But that observation is only a half-truth: it tells us nothing about the nature of this power of survival – about how art endures. -/- This question was once at the heart of Western thinking about art. The Renaissance solved it by claiming that great art is “timeless”, “eternal” – impervious to time, a belief that exerted a powerful influence on (...) Enlightenment philosophers and, later, on modern aesthetics. -/- The notion that art is timeless was contradicted by nineteenth century thinkers such as Hegel, Marx, and Taine who stressed the historical embeddedness of art. The conflict of these two ideas, together with other major factors discussed in this paper, has left us today without a viable account of the nature of art’s capacity to transcend time. -/- This paper proposes an alternative solution: the proposition that art survives by a process of metamorphosis. But the principal emphasis of the paper is on the question itself: how does art transcend time? (a question that has nothing to do with the so-called “test of time”). If modern aesthetics is to remain relevant to our modern world of art, in which the art of the past – stretching back to Lascaux and beyond – is as important as Picasso and contemporary art, it urgently needs to address this neglected question. (shrink)

"Translation, as with any practice, is something to return to again and again. Opening this issue, curator and poet Srajana Kaikini’s multi-layered article, ‘The Return of the Translator’ underlines the relevance of translation as a critical process, available to anyone, in any field. Bringing in references to philosopher Sundar Sarukkai, poet Gangadhar Chittal, and Buddhist philosophical principles, she locates the place of translation. Kaikini looks closely at the ways “language and the world are in strange relation with each other,” to (...) borrow her words. Translation as a method, she main- tains, is a matter of intention, creation, and experience." from the Editorial, Marianna Maruyama. (shrink)

The relationship between perceptual experience and memory can seem to pose a chal- lenge for conceptualism, the thesis that perceptual experiences require the actualization of conceptual capacities. Since subjects can recall features of past experiences for which they lacked corresponding concepts at the time of the original experience, it would seem that a subject’s conceptual capacities do not impose a limit on what he or she can experience perceptually. But this conclusion ignores the fact that concepts can be composed of (...) other simpler concepts that a subject possessed earlier, and that de- monstrative capacities can explain how a subject can experience a particular feature of her environment, even when she lacks a fully general concept for that feature. Using these resources, conceptualism can explain the relation between perceptual experience and memory. Nevertheless, a puzzle remains for the defender of conceptualism. A cer- tain view about the relation between perceptual experience and mental imagery in epi- sodic memory – that imagery in recall matches the experience retained in it – can make it difficult to understand how conceptualism could be true. For if a subject’s conceptual capacities determine what the phenomenology of an experience (or memory of it) is like, then one would expect a perceptual experience and its recall in memory to differ in phenomenology if they involve different concepts. In this essay, I solve this puzzle for conceptualism by undermining the assumption that there is a match between im- agery in episodic memory and the phenomenal character of experience. (shrink)

Abstract: At present, psychiatric disorders are characterized descriptively, as the standard within the scientific community for communication and, to a cer- tain extent, for diagnosis, is the DSM, now at its fifth edition. The main rea- sons for descriptivism are the aim of achieving reliability of diagnosis and improving communication in a situation of theoretical disagreement, and the Ignorance argument, which starts with acknowledgment of the relative fail- ure of the project of finding biomarkers for most mental disorders. Descrip- tivism (...) has also the advantage of capturing the phenomenology of mental dis- orders, which appears to be essential for diagnosis, though not exhaustive of the nature of the disease. I argue that if we rely on the distinction between conceptions (procedures of identification) and concepts (reference-fixing representations), which was introduced in the philosophical debate on the nature of concepts, we may understand a limited but valid role for descrip- tive characterizations, and reply to common objections addressed by those who advocate a theoretically informed approach to nosology. (shrink)

Having started with a harsh critique of the “contemptible money economy” (UM III, SE 4), Nietzsche subsequently travelled back in time in order to discern the origins of its values and to formulate goals that would “transcend money and money-making” (UM III, SE 6). Having traced the “greed of the moneymaker” back to the ressentiment of the “ascetic priest” (GM III 10–5), Nietzsche’s genealogical inquiry culminated in his discussion of the slave revolt in morality. A particular feature per-taining respectively to (...) the domains of material debts and moral guilt was their reli-ance on an enduring revaluation of values. The manner in which Nietzsche connects the moneymaker’s world of material debts to the priest’s domain of the slave morality reveals a number of striking structural parallels to Plato’s, and to some extent Aris to-tle’s, discussion of the uneasy accommodation between democracy and moneymak-ing. Highlighting and exploring these similarities, which remain largely overlooked in the current scholarship, adds to our understanding of Nietzsche’s undertaking. (shrink)

In this essay Ernst Cassirer addresses two currents of the philosophical reflection about man and culture that emerged at the end of the 18th century. Th e naturalistic one, conceives of man and culture as an outcome of the processes that takes place beyond the reach of human will and consciousness. Among such naturalistically oriented philosophies Cassirer includes Hegel’s idealism, Taine’s positivism and Spengler’s psychologism. All of them imply a characteristic kind of historical fatalism. In opposition to such a (...) deterministic vision of human development stands a philosophy that emphasizes the importance of individual decision and responsibility for the course of history. Cassirer names it “humanistic” as it places man in the very middle of its research. The initiators of this tradition were Johann Gottfried Herder and Wilhelm von Humboldt, foremost representatives of the German romantic movement. The philosopher who took up their humanistic thought and elevated it to the importance of a distinct knowledge was Wilhelm Dilthey. While bearing in mind who is the real creator of culture all these thinkers pay special attention to the question of man’s responsibility for culture as well as for himself. The problem of human responsibility that totally escaped the attention of naturalistically oriented philosophers is somehow a distinguishing characteristic of all humanistic philosophies of culture. (shrink)

The paper focuses on Nominalism in history, its application, and its historiographical implications. By engaging with recent scholarship as well as classic works, a survey of Nominalism’s role in the discipline of history is made; such examination is timely, since it has been done but scantily in a purely historical context. In the light of recent theoretical works, which often display aporias over the nature and method of historical enquiry, the paper offers new considerations on historical theory, which in the (...) author’s view may solve some of the contradictions that have surfaced in recent times. The Nominalistic stance is argued against by disputing theorists such as Paul Veyne, who has made a case for Nominalism in history. A brief philosophical section introduces Nominalism in its metaphysical dimension and the discussion is speedily brought to its significance for history. The paper also proposes a solution to the misconstrued yet too often vague application of scientism in history, and offers theoretical grounds that might solve some of the ‘stormy grounds’ historiography finds itself today. Articles by Marcel Gauchet and History and Theory’s Anton Froeyman and Bert Leuridan are engaged with, as well as Murray Murphy’s books on the philosophy of history. Works by Georg Gadamer, Marc Bloch, Benedetto Croce, Hyppolite Taine, and Anthony Grafton crucially inform the discussion and brace the consequential conclusion. (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)

No presente verbete faço a revisão crítica de algumas entre as mais expressivas tentativas de resolver o chamado ‘problema da dinâmica cognitiva’. De acordo com Kaplan (1989) – que é responsável pelo próprio apelido, a questão que se coloca é: o que significa dizer de uma pessoa que expressou uma crença particular num determinado contexto de proferimento que ela reteve ou mudou de crença fora desse contexto? E caso ajustes (linguísticos, psicológicos) sejam necessários para manter a relação com o conteúdo (...) semântico original, quais são nossas intuições a respeito de casos em que um sujeito cognitivamente saudável perdeu temporariamente a noção do tempo e/ou a capacidade de rastrear objetos no espaço? Exploro diversas respostas a essas perguntas com o intuito de dizer se elas conseguem acomodar os fatos (semânticos, epistêmicos, cognitivos) aí envolvidos. Abstract: In this paper I review some of the most significant attempts to solve the so-called ‘problem of cognitive dynamics’. According to Kaplan (1989), who coined the phrase, the following questions arise – as to the topic: what does it means to say of an individual who expressed a particular belief in a given context of utterance that he/she has re tained orchanged his/her mind with respect to it once the context is left? And assuming that (linguistic or psychological) adjustments are required to keep on being related to the original semantic content, what are our intuitions about the case of a cognitively healthy subject who temporarily lost the ability to keep track of time and/or objects in space? I investigate different ways of answg those questions with a view to saying whether they accommodate all the relevant (semantic, epistemic, cognitive) facts or not. (shrink)

This essay focuses on the explosive claim Cavell inserts in the middle of The Claim of Reason that a narrative history of a cer- tain style of philosophy should be called “Philosophy and the Rejection of the Human.” In order to understand the accusation, I shape interpretations of what Cavell means by nearly each of the terms of this dramatic sentence. I begin by comparing senses of “philosophy” by way of a comparison with Rorty’s critical review of The Claim of (...) Reason; I proceed by underlining how, in Cavell’s work, the notion “human” and its rejection also is entangled with that which Cavell describes as “skepticism.” It is necessary, therefore, to understand whether there is a specific characteristic difference between skepticism and the style of philosophy that is implicated in the “rejection of the human.” It seems as if there should be a difference, given Cavell’s noto- rious approval of the truth or the moral of skepticism and the apparent criticism of the philosophical style that rejects the human. I show that the difference can be discovered by focusing on Cavell’s understanding of criteria. In particular, I emphasize the (open) space of a subject’s relation to criteria, a subjective claim to universality without objectivity, in pursuing and extending Cavell’s own appeal to Kant’s Critique of Judgment. It is this subjective component that is rejected in the style of philosophy that Cavell singles out. (shrink)

Les pensées de la différence selon Gilles Deleuze et Jacques Derrida se touchent dans leur sujet même, le Sujet qui « fait des histoires et des scènes » construisant le même système différentiel, le monde. C’est ce qui assure une sorte de continuité entre les deux philosophies. Concernant les « thèses » il n’y a aucune différence entre Deleuze et Derrida. Et pourtant, ils ne se laissent pas unir dans une seule et même philosophie de la différence. Les deux histoires (...) ne se laissent pas identifier dans un seul et même discours, elles exigent deux discours différents. Leur Sujet se raconte de deux façons, se joue sur deux scènes parallèlement, alternativement – cela relève d’une différence minime, différence de genre, de style, de geste, qui pourtant change tout. Penser pour Deleuze consiste à entrer dans le jeu, dans l’acte de la différence, à « faire la différence » – pour Derrida c’est comprendre la différence. Une philosophie comme celle de Derrida suspend les philosophies comme celle de Deleuze – une philosophie comme celle de Deleuze ne prend pas au sérieux une philosophie comme celle de Derrida. Leurs pensées s’excluent réciproquement tout en faisant signe l’une vers l’autre - comme le dirait Derrida : selon un certain graphique de la supplémentarité. Renverser le platonisme : changer son ontologie « en hauteur » pour une ontologie « en profondeur » , c’est un jeu immanent de l’ontologie. Le renversement deleuzien du platonisme est de se déplacer insidieusement en lui, mais aussi de se décaler légèrement par rapport à lui, lui ouvrir la porte, y instaurer une autre série de pensée divergente, constituer un para-platonisme, en d’autres mots : le déconstruire. L’effet en sera, selon Foucault, un « Theatrum Philosophicum » de fantasmes, de simulacres, d’événements, d’effets corporels où Freud et Artaud entrent en résonance même en s’ignorant. Derrida joue un tout petit peu différemment, du dehors, ou plutôt à la limite de son dehors. Si on se sert de l’allégorie de Rodolphe Gasché : Derrida s’installe au bord de la réflexion, dans le tain du miroir – on peut dire alors que Deleuze se déplace dans le miroitement, entre les images reflétées. Ils tiennent tous les deux, chacun à leur manière, à la limite de la réflexion, limites internes et externes. L’exemplarité de la relation Deleuze/Derrida réside en ceci : c’est une image de la doublure en soi de la pensée qui tente ses limites. Elle « illustre » la doublure inévitable de la pensée – doublure qui, par ailleurs, appelle à la déconstruction et à son mimétisme. (shrink)

Traumatic experiences do not merely impact on the individual’s body and psyche, they alter the way we experience others, our interpersonal relationships, and how we make sense of the world. In my dissertation, I integrate work in phenomenology, psychopathology, philosophy of mind, philosophy of psychiatry, and trauma studies, and draw on trauma testimonies ob- tained in an online questionnaire. I engage analytically with the question of what constitutes a trauma, whether psychological trauma is necessarily pathological, and what the causal and (...) im- plicatory relations between traumatising and post-traumatic experiences are. Informed by these preliminary elaborations, I focus on the intersubjective dimension of trauma, drawing on a qualitative study I conducted in 2020. I show that empathic abilities may be altered but are not necessarily diminished through traumatising experiences; I suggest a framework for under- standing feelings of alienation in the aftermath of trauma; and I demonstrate how feelings of belonging may be re-established. My dissertation is exemplary of how phenomenological frameworks can contribute to a better understanding of psychological trauma and that engaging with trauma can, in turn, inform and enrich philosophical thinking. (shrink)