A popular way for irrealists to explain co-identification—thinking and talking ‘about the same thing’ when there is no such thing—is by appeal to causal, historical or informational chains, networks or practices. Recently, however, this approach has come under attack by philosophers who contend that it cannot provide necessary and/or sufficient conditions for co-identification. In this paper I defend the approach against these objections. My claim is not that the appeal to such practices can provide necessary and sufficient conditions for co-identification, (...) but rather that it is a mistake to seek these in the first place. -/- . (shrink)

To a first approximation, ontology is concerned with what exists, metaontology with what it means to say that something exists. So understood, metaontology has been dominated by three views: (i) existence as a substantive first-order property that some things have and some do not, (ii) existence as a formal first-order property that everything has, and (iii) existence as a second-order property of existents’ distinctive properties. Each of these faces well-documented difficulties. In this chapter, I want to expound (...) a fourth theoretical option, which unfortunately has remained ‘under the radar.’ This is Franz Brentano’s view, according to which to say that X exists is not to attribute a property at all (first- or second-order), but to say that the correct attitude to take toward X is that of accepting or believing in it. (shrink)

Two strong contenders for scalar implicature (SI) computation are the pragmatic and the grammatical theories. While the former sustains that context plays a major role, the latter suggests context is required but is lexically and monotonically constrained (Chierchia 2012). In particular, this paper discusses a processing account for SIs that is dependent on the satisfaction of the Strawsonian presupposition of existence, necessary for the realization of the asymmetric entailment pattern among relevant alternatives. This observation complies with the principles of (...) the grammatical view, for it predicts SIs in the presence of contextually empty domains, unlike the pragmatic account whose necessary access to contextual information will cause propositions with empty domains to always return a truth value false, hence blocking any inference. I present online experimental evidence of an acceptability judgment task and recorded response times of both existential and universal sentences containing entities of three kinds: existent (type-a), non-existent but conceivable (type-b), and non-existent and inconceivable (type-c). The data of 25 Colombian Spanish speaking participants were collected using PsychoPy, powered by Pavlovia. The results suggest SIs are computed in types a and b but relatively unsuccessful in type-c. I conclude that the relevant entailment pattern for implicature computation is the Strawson-entailment relation which, combined with the grammatical account, correctly predicts SIs with non-existent but conceivable entities but avoids inference with inconceivable terms. (shrink)

The dominant theory of judgment in 1870 was one or other variety of combination theory: the act of judgment is an act of combining concepts or ideas in the mind of the judging subject. In the decades to follow a succession of alternative theories arose to address defects in the combination theory, starting with Bolzano’s theory of propositions in themselves, Brentano’s theory of judgment as affirmation or denial of existence, theories distinguishing judgment act from (...) class='Hi'>judgment content advanced by Brentano’s students Twardowski, Husserl and Meinong, and finally, Adolf Reinach’s addition of a linguistic dimension to the Brentano-Husserlian theory of judgment – an account of judgments as ways of doing things with words in what Reinach called ‘social acts’. (shrink)

Teachers in vocational education face two problems. (1) Learning involves the ability to transcend and modify learned knowledge to new circumstances. How should vocational education prepare students for future, unknown tasks? (2) Students should strive to produce work of good quality. How does vocational education help them develop their faculty of judgment to differentiate between better and worse quality? These two ques- tions are tightly interwoven. The paper compares the didactics of philosophy and sloyd. Both developed independently, but their (...) solutions to how one advances the capacity for reflective judgment are similar. Central to this capacity is not merely devising efficient means to work towards pre-existing aims, but to reflect in practice on what one’s aim are and should be. This implies reflection on what future problems, as well as solutions to them, demand of us cognitively, socially and morally. (shrink)

The precise nature of the relation between cognition and aesthetic judgment is clearly central to an understanding of Kant’s theory of taste in the “Critique of Aesthetic Judgment.” The Critique of Judgment itself is necessary, Kant says, because judgment constitutes a cognitive power in its own right, and its critique is therefore necessarily a part of the overall critique of pure reason. More particularly, however, the connection between cognition and aesthetic judgment plays a crucial role (...) in Kant’s deduction of judgments of taste: That deduction is intended to vindicate the claim to intersubjective validity implicit in the judgment of taste. This claim can only be justified, Kant thinks, if the judgment of taste has as its “determining ground” some form or aspect of cognition, for “[n]othing... can be communicated universally except cognition, as well as presentation insofar as it pertains to cognition.” The “purposiveness without purpose” exhibited by the beautiful object must therefore be purposiveness for “cognition in gener¬al.”[Erkenntnis überhaupt, V:217] But this use of cognition to establish the intersubjective validity of judgments of taste is also the source of the most serious problem with Kant’s theory. Kant clearly holds the view that to judge an object to be beautiful is to judge that it is in some sense suited for cognition. The theory of knowledge presented in the Critique of Pure Reason, however, concludes that all objects of experience are cognizable in the sense of being susceptible of subsumption under pure concepts of the understanding. If to say that an object is beautiful is to say that it is cognizable, and all objects are cognizable, then Kant’s theory has the consequence that all objects are beautiful. Furthermore, this connection between beauty and cognition threatens to make beauty a determinate concept, like the concepts of ‘cause’ or ‘chair.’ The result is that dealing with what I will call the problem of ugliness has become, in the words of one commentator, the “pre-eminent task” of interpretation of the third Critique. I will argue that this problem is best solved if we recognize a connection between Kant’s need in both the first and third Critiques for a defense of reason, and his claim, at the end of the “Critique of Aesthetic Judgment” that “beauty is the symbol of the morally good.”[V:353] The latter claim is the culmination of the “Critique of Aesthetic Judgment,” the argument of which is intended by Kant to show that every rational being must view at least some objects in nature as being suited for inclusion in a philosophical system organized around ideas of pure reason. In this system moral reason and theoretical understanding are related in a harmonious whole, with moral reason taking the leading role. The cognizability which is claimed for the object in the judgment of taste does not consist in the object’s being susceptible of subsumption under a concept. Rather, to say that an object is suited for “cognition in general” is to attribute to it the more specific property of being subsumable under a concept which can in turn be included in a unified philosophical system. At the same time, the relation between beauty and morality is only “indirect,” which is why beauty is the symbol but not the schema of the morally good. A key aspect of this reading will be the claim that from an epistemological standpoint the relation between natural beauty and the idea of the morally good is just the same as that between appearances and ideas of pure reason if the systematization of cognition is to be possible– the existence of beauty in nature serves to “establish the reality” of these ideas. Adopting this reading of the argument of the “Critique of Aesthetic Judgment” not only allows us to avoid saddling Kant with the view that all objects are beautiful, but also makes clear the hitherto less than clear relation between the published Introduction to the Critique of Judgment, in which Kant is primarily concerned with the concept of a philosophical system, and the “Critique of Aesthetic Judgment,” which centers on the seemingly unrelated notion of beauty as “purposiveness without purpose.”. (shrink)

All existing impossibility theorems on judgment aggregation require individual and collective judgment sets to be consistent and complete, arguably a demanding rationality requirement. They do not carry over to aggregation functions mapping profiles of consistent individual judgment sets to consistent collective ones. We prove that, whenever the agenda of propositions under consideration exhibits mild interconnections, any such aggregation function that is "neutral" between the acceptance and rejection of each proposition is dictatorial. We relate this theorem to the (...) literature. (shrink)

This chapter briefly reviews the present state of judgment aggregation theory and tentatively suggests a future direction for that theory. In the review, we start by emphasizing the difference between the doctrinal paradox and the discursive dilemma, two idealized examples which classically serve to motivate the theory, and then proceed to reconstruct it as a brand of logical theory, unlike in some other interpretations, using a single impossibility theorem as a key to its technical development. In the prospective part, (...) having mentioned existing applications to social choice theory and computer science, which we do not discuss here, we consider a potential application to law and economics. This would be based on a deeper exploration of the doctrinal paradox and its relevance to the functioning of collegiate courts. On this topic, legal theorists have provided empirical observations and theoretical hints that judgment aggregation theorists would be in a position to clarify and further elaborate. As a general message, the chapter means to suggest that the future of judgment aggregation theory lies with its applications rather than its internal theoretical development. (shrink)

What is the relationship between degrees of belief and binary beliefs? Can the latter be expressed as a function of the former—a so-called “belief-binarization rule”—without running into difficulties such as the lottery paradox? We show that this problem can be usefully analyzed from the perspective of judgment-aggregation theory. Although some formal similarities between belief binarization and judgment aggregation have been noted before, the connection between the two problems has not yet been studied in full generality. In this paper, (...) we seek to fill this gap. The paper is organized around a baseline impossibility theorem, which we use to map out the space of possible solutions to the belief-binarization problem. Our theorem shows that, except in limiting cases, there exists no belief-binarization rule satisfying four initially plausible desiderata. Surprisingly, this result is a direct corollary of the judgment-aggregation variant of Arrow’s classic impossibility theorem in social choice theory. (shrink)

Hume is believed by many to hold an emotivist thesis, according to which all expressions of moral judgements are expressions of moral sentiments. However, most specialist scholars of Hume either deny that this is Hume's position or believe that he has failed to argue convincingly for it. I argue that Hume is an emotivist, and that his true arguments for emotivism have been hitherto overlooked. Readers seeking to understand Hume's theory of moral judgements have traditionally looked to the first section (...) of Book 3 of his Treatise, which discusses the relation between morality and reason. I argue that there is evidence elsewhere which better supports Hume's emotivist thesis. Hume's arguments for emotivism focus more on the causes of moral sentiments than on their relation to reason or belief, and he argues that moral sentiments are such as to arise whenever we contemplate morally relevant objects. He also holds that the presence of moral sentiments precludes any possibility of moral belief, because moral beliefs could only be less vivid copies of moral sentiments, and these cannot simultaneously exist. Hume concludes that all moral judgements must be expressions of sentiments. (shrink)

Existing research has shown that norm violations influence causal judgments, and a number of different models have been developed to explain these effects. One such model, the necessity/sufficiency model, predicts an interac- tion pattern in people’s judgments. Specifically, it predicts that when people are judging the degree to which a particular factor is a cause, there should be an interaction between (a) the degree to which that factor violates a norm and (b) the degree to which another factor in the (...) situation violates norms. A study of moral norms (N = 1000) and norms of proper functioning (N = 3000) revealed robust evidence for the predicted interaction effect. The implications of these patterns for existing theories of causal judgments is discussed. (shrink)

The existing body of scholarship on Kant’s Critique of Judgment is rife with disagreement. At the centre of much of this disagreement is the issue of precisely what Kant understands to be taking place in a harmonization of the cognitive faculties. Is aesthetic reflective judgment to be identified with, or separated from, this harmonious state of the faculties of imagination and understanding? If aesthetic judgment is identified with this state, as is argued herein, then upon what is (...) a judgment of beauty to be based? These questions are addressed by focussing on two closely related aspects of Kant’s theory of reflective judgment; the role Kant assigns to the power of desire (i.e., to the will) and to the causal structure implicated in reflective judgment. In brief, we argue that a judgment of beauty is not, strictly speaking, something that I do, but is better described that something that happens of itself. (shrink)

The focus of this paper is introspection of phenomenal states, i.e. the distinctively first-personal method through which one can form beliefs about the phenomenology of one’s current conscious mental states. I argue that two different kinds of phenomenal state introspection should be distinguished: one which involves recognizing and classifying the introspected phenomenal state as an instance of a certain experience type, and another which does not involve such classification. Whereas the former is potentially judgment-like, the latter is not. I (...) call them, respectively, reflective introspection and primitive introspection. The purpose of this paper is to argue that primitive introspection is a psychologically real phenomenon. I first introduce the distinction and provide some preliminary motivation to accept it (§1). After some set-up considerations (§2), I present my central argument for the existence of a non-classificatory kind of introspective state (§3), what I call the ‘argument from phenomenal-concept acquisition’. Finally, I briefly present some reasons why my distinction may be important for various philosophical debates (§4). (shrink)

In the framework of judgment aggregation, we assume that some formulas of the agenda are singled out as premisses, and that both Independence (formula-wise aggregation) and Unanimity Preservation hold for them. Whether premiss-based aggregation thus defined is compatible with conclusion-based aggregation, as defined by Unanimity Preservation on the non-premisses, depends on how the premisses are logically connected, both among themselves and with other formulas. We state necessary and sufficient conditions under which the combination of both approaches leads to dictatorship (...) (resp. oligarchy), either just on the premisses or on the whole agenda. This framework is inspired by the doctrinal paradox of legal theory and arguably relevant to this field as well as political science and political economy. When the set of premisses coincides with the whole agenda, a limiting case of our assumptions, we obtain several existing results in judgment aggregation theory. (shrink)

Part one of this two-part paper looked at the modern semantic developments underlying Gilson’s innovative and highly influential semantic theory in Being and Some Philosophers (BSP)—the existential neutrality of the copula, the distinction between predication and some positing or “thetic” function of judgment, and the distinction between predication and assertion. The present part of this paper offers a rereading of Gilson’s work in light of this modern backdrop. It argues that Gilson’s BSP, rather than being a purely historical exegesis (...) of the logical writings of a thirteenth-century friar, is a work of original philosophizing inspired by Aquinas, but principally engaged with modern debates. In particular, it advances a Brentano- inspired reading of Aquinas in place of Maritain’s Pfänder-inspired reading of him. Rereading Gilson in his historical setting clarifies the meaning and implication of many phrases and theses that have become commonplaces in philosophical discourse, in part because of Gilson’s work. (shrink)

In the 1970’s Bernard Williams and Thomas Nagel formally introduced the problem of moral luck. Moral luck can be understood as the seeming paradox between the control principle and the moral judgements we confer on others. The control principle states that an agent can only be held morally responsible for an action if, and only if, said agent had control over it. Contrary to this, we often do judge people for many things out of their control. The consequences of our (...) actions, the circumstances we find ourselves in, and our own characters are all things we either wholly or partially lack control over, yet, we hold people responsible for these things. This lack of control and accompanying moral judgements are what is referred to as “moral luck”, and we must therefore either conclude that agents cannot be held responsible for their actions, or that we can hold people responsible for things out of their control, both being framed as problems. Here, I will attempt to give a solution to the problem of moral luck. I will do this by discussing some of the most influential writings on the problem, each section of the thesis focusing on a separate type of luck, addressing the mistakes philosophers have made while inferring that moral luck is real. I will argue that each type of moral luck only exists because we have misunderstood important concepts, and once we revise our conception of control, agency, and responsibility the problem of moral luck disappears. In particular, I will argue that 1) Resultant luck is only a problem because we are focusing on the consequences of actions rather than the intentions of the agent, 2) Circumstantial luck is only a problem because we fallaciously transfer the luck of the world onto moral considerations, and 3) Constitutive luck is only a problem because we are misapplying the concept of control onto character. The thesis will also include a section on relevant implication if I am successful in solving the paradox, including theoretical and practical implications. My conclusion will thus be, contrary to the thesis of moral luck, that we can still hold agents morally responsible without having to reject the control principle, however, this is only possible if we accept revisions to important moral concepts. (shrink)

Do claims of taste function as validity claims? Our ordinary use of aesthetic notions suggests as much. When I assert that Rodin’s Camille Claudel is ‘beautiful’ I mean my claim to be, in a sense, correct. I expect others to concur and if they do not I think that they are mistaken. But am I justified in attributing an error to the judgment of someone who, unlike me, does not find Rodin’s Camille Claudel beautiful? Not obviously. For it looks, (...) on the other hand, that my assertion “The sculpture of Camille Claudel is beautiful” is not an assertion about a property of that sculpture, not, that is, about a feature of the world which exists for others as well as for me. Quite the opposite, I seem to base my claim on a subjective response, on a certain feeling of mine. I maintain that the sculpture of Camille Claudel is ‘beautiful’ because it produces a particular effect upon me, namely it pleases me aesthetically. But how can the feeling of pleasure, being a subjective response on my part, serve as a normative ground for a claim? (shrink)

Recent empirical research seems to show that emotions play a substantial role in moral judgment. Perhaps the most important line of support for this claim focuses on disgust. A number of philosophers and scientists argue that there is adequate evidence showing that disgust significantly influences various moral judgments. And this has been used to support or undermine a range of philosophical theories, such as sentimentalism and deontology. I argue that the existing evidence does not support such arguments. At best (...) it suggests something rather different: that moral judgment can have a minor emotive function, in addition to a substantially descriptive one. (shrink)

It is a widespread idea that suspended judgement implies a state of doxastic neutrality. Jane Friedman has recently claimed that while inquiring into a given question, one suspends one’s judgement on it. Jointly considered, the previous claims imply that one is in a state of doxastic neutrality about a given question while inquiring into it. In this article, I explore the leading cases against Friedman’s perspective, arguing that it is debatable whether they exhibit inquiries into questions without doxastic neutrality. However, (...) I will propose the possibility of “explorative disconfirmation inquiries” to show that doxastically non-neutral inquiries do exist. (shrink)

Artificial intelligence (AI) art is the product of AI technology applied to art. In terms of technical application, AI art has two methods: symbolism and connectivism. In terms of the human-machine system, there are three levels: human using machine, human guiding machine and human-machine separation. AI art is a special form, existing between natural beauty and human art: AI art, first of all, is not a natural aesthetic object, given that it is the product of artefacts. Its appreciation is mixed (...) with interests, and its artistic generation is a kind of “purposeful non-purposefulness.” Secondly, AI art is not equal to traditional human art, because AI has no intentionality or consciousness. Thirdly, AI participates in the construction of artistic logic and breaks the boundary of traditional art. AI can be regarded as an “agent” in art generation, and together with people constitute the “actor network” of art. The processes of generation, identification and appreciation of AI art include the judgment of true and false. AI art reflects the forced integration of intelligent technology into art, an attempt to rid of contingency, dialectics, and negativity of art. But what we need is the real harmonisation of art and technology. People should use aesthetic reason to guide AI technology. (shrink)

This is a system of pure speculative reason in answer to the challenge issued by Immanuel Kant, in his "Critique of Pure Reason," with regard to metaphysics; the challenge being clearly mentioned in the Appendix to his "Prolegomena..." wherein he asks his Reviewer to take any one of his four sets of contradictory propositions, and offer an a priori judgment/proposition of his own that would overturn the antinomy, and thus, allow room for the possibility of raising metaphysics to the (...) level of a science, meaning a synthesis of judgments, from pure reason, self-evidently a priori, therefore, necessary; and that as a synthesis of pure understanding, would relate to and help us make sense of reality, that is, the world of our experience. (shrink)

Suppose the members of a group (e.g., committee, jury, expert panel) each form a judgment on which worlds in a given set are possible, subject to the constraint that at least one world is possible but not all are. The group seeks to aggregate these individual judgments into a collective judgment, subject to the same constraint. I show that no judgment aggregation rule can solve this problem in accordance with three conditions: “unanimity,” “independence” and “non-dictatorship,” Although the (...) result is a variant of an existing theorem on “group identification” (Kasher and Rubinstein, Logique et Analyse 160:385–395, 1997), the aggregation of judgments on which worlds are possible (or permissible, desirable, etc.) appears not to have been studied yet. The result challenges us to take a stance on which of its conditions to relax. (shrink)

One of the newest research areas in moral philosophy is moral phenomenology: the dedicated study of the experiential dimension of moral mental life. The idea has been to bring phenomenological evidence to bear on some central issues in metaethics and moral psychology, such as cognitivism and noncognitivism about moral judgment, motivational internalism and externalism, and so on. However, moral phenomenology faces certain foundational challenges, pertaining especially to the existence, describability, and importance of its subject matter. This paper addresses (...) these foundational challenges, arguing that moral experiences – in the phenomenal, what-is-like sense of the term – exist, are informatively describable, and are central for the concerns of moral philosophy at large. (shrink)

According to Hartry Field, the mathematical Platonist is hostage of a dilemma. Faced with the request of explaining the mathematicians’ reliability, one option could be to maintain that the mathematicians are reliably responsive to a realm populated with mathematical entities; alternatively, one might try to contend that the mathematical realm conceptually depends on, and for this reason is reliably reflected by, the mathematicians’ (best) opinions; however, both alternatives are actually unavailable to the Platonist: the first one because it is in (...) tension with the idea that mathematical entities are causally ineffective, the second one because it is in tension with the suggestion that mathematical entities are mind-independent. John Divers and Alexander Miller have tried to reject the conclusion of this argument—according to which Platonism is inconsistent with a satisfactory epistemology for arithmetic—by redescribing the second horn of the dilemma in light of Crispin Wright’s notion of judgment-dependent truth; in particular they have contended that once arithmetical truth is conceived in this way the Platonist can have a substantial epistemology which does not conflict with the idea that the mathematical entities exist mind-independently. In this paper I analyze Wright’s notion of judgment-dependent truth, and reject Divers and Miller’s argument for the conclusion that arithmetical truth can be so characterized. In the final part, I address the worry that my argument generalizes very quickly to the conclusion that no area of discourse could be characterized as judgment-dependent. As against this conclusion, I indicate under what conditions—notably not satisfied in Divers and Miller’s case, but possibly satisfied in others—a discourse’s judgment-dependency can be successfully vindicated. (shrink)

The paper aims to show that by abstracting from a specific mythical historical- stylistic context and “ideation” of the notion of the Proto-Slavic deities Perun and Veles, especially in Croatian tradition, symbolic archetypes and abstract notions of form and primordial matter (materia prima) can be extracted from mythical content. We refer to mythical texts and contents according to the reconstructions and materials brought by Radoslav Katičić, and comparative analysis by Mislav Ježić. We distinguish form (1) as that in which identity (...) and possibility of a thing consists, (2) as the reasonableness of judgment and the form of existence, and (3) as the specific structure of a thing, which unites its parts and aspects as a whole and constitutes its internal necessity. These formative notions are relativized and nullified in Veles’ appearances, in which the archetypal notion of primordial matter is encoded. Examples of Platō’s dialogues historically confirm certain aspects of decoding myth as constitutive of philosophy. The above approach also opens a view of the roots of Croatian philosophical thought, which in its genesis can be traced back to Proto-Slavic mythical archetypes. With the implementation of Christianity, the questions of identity, reason and the structure of the whole are raised radically and sharply, as shown by the text of Trpimir’s grant (852). (shrink)

In this review, I propose that the core contribution of Skeaff's book is to supplement existing discourses of non-domination and agonistic politics with the distinctly Spinozist concept of immanent normativity. However, I question whether this immanent normativity is so clearly and efficaciously democratic as Skeaff presumes.

The present paper presents experimental evidence confirming that contextually mismatching scalar implicatures can be generated even when quantifiers range over empty domains. In the literature, this possibility has been interpreted as providing further evidence for a grammatical approach to scalar implicatures. The main result presented here is that scalar sentences with empty domains are judged as more infelicitous when associated with a mismatching implicature than variants with the same empty domains but associated with a non-mismatching implicature. We interpret this result (...) as suggesting that the infelicity judgment associated with the first kind of sentence stems from the cumulative effect of the mismatching implicature and the contextual domain emptiness. Compared to previous literature on blind implicatures, our results indicate that the body of knowledge involved in relevance assignments is restricted to ignoring existential determination while still considering the properties attributed to nonexistent entities. They also show that, while not blocking implicature generation, contextual domain emptiness plays a role in speakers’ evaluation of scalar sentences, reflecting the unconscious nature of scalar implicature generation. (shrink)

Recent discussions of phenomenal consciousness have taken increased interest in the existence and scope of non-sensory types of phenomenology, notably so-called cognitive phenomenology. These discussions have been largely restricted, however, to the question of the existence of such a phenomenology. Little attention has been given to the character of cognitive phenomenology: what in fact is it like to engage in conscious cognitive activity? This paper offers an approach to this question. Focusing on the prototypical cognitive activity of making (...) a judgment that p, it proposes a characterization in terms of a Ramsey sentence comprised of twenty-three phenomenological platitudes about what it is like to make a judgment. (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)

The impossibility results in judgement aggregation show a clash between fair aggregation procedures and rational collective outcomes. In this paper, we are interested in analysing the notion of rational outcome by proposing a proof-theoretical understanding of collective rationality. In particular, we use the analysis of proofs and inferences provided by linear logic in order to define a fine-grained notion of group reasoning that allows for studying collective rationality with respect to a number of logics. We analyse the well-known paradoxes in (...) judgement aggregation and we pinpoint the reasoning steps that trigger the inconsistencies. Moreover, we extend the map of possibility and impossibility results in judgement aggregation by discussing the case of substructural logics. In particular, we show that there exist fragments of linear logic for which general possibility results can be obtained. (shrink)

Abstract. Recent developments, both in the cognitive sciences and in world events, bring special emphasis to the study of morality. The cognitive sci- ences, spanning neurology, psychology, and computational intelligence, offer substantial advances in understanding the origins and purposes of morality. Meanwhile, world events urge the timely synthesis of these insights with tra- ditional accounts that can be easily assimilated and practically employed to augment moral judgment, both to solve current problems and to direct future action. The object of (...) the following paper is to present such a synthesis in the form of a model of moral cognition, the ACTWith model of conscience. The purpose of the model is twofold. One, the ACTWith model is intended to shed light on personal moral dispositions, and to provide a tool for actual human moral agents in the refinement of their moral lives. As such, it re- lies on the power of personal introspection, bolstered by the careful study of moral exemplars available to all persons in all cultures in the form of literary or religious figures, if not in the form of contemporary peers and especially leadership. Two, the ACTWith model is intended as a minimum architec- ture for fully functional artificial morality. As such, it is essentially amodal, implementation non-specific and is developed in the form of an information processing control system. There are given as few hard points in this sys- tem as necessary for moral function, and these are themselves taken from review of actual human cognitive processes, thereby intentionally capturing as closely as possible what is expected of moral action and reaction by hu- man beings. Only in satisfying these untutored intuitions should an artificial agent ever be properly regarded as moral, at least in the general population of existing moral agents. Thus, the ACTWith model is intended as a guide both for individual moral development and for the development of artificial moral agents as future technology permits. (shrink)

At the very beginning of On Interpretation (I, 1, 16a3-14) Aristotle distinguishes four levels and discusses their relationships. From this text, we can infer the following: 1. There are four levels: writing, speaking, mental experience and external world. Since writing and speaking can truly be taken as belonging to the same realm, we can reduce Aristotle’s distinction to three realms: language, thought and external world. 2. The realm of language, in both levels of writing and speaking, is different for different (...) people but both of the other realms of thought and external world are the same for them. By this Aristotle must mean that though people of different languages have different writings and speaking words, the things that are in the world and their affections on people’s thought are the same. 3. The relations both between language and thought and in language itself is symbolization: ‘Spoken words are the symbols of mental experience and written words are the symbols of spoken words.’ 4. The relation between external world and thought is similarity: ‘Those things of which our mental experiences are similarities (παθἠματα τῆς ψυχῆς ... ὁμοιώματα).’ (ΟΙ., 16a7) In de Anima (16a8-9; II, 5, 418a4-5; II, 4, 429a10-11; 429a13-16; 429a23) Aristotle describes thoughts as ‘likenesses of objects.’ Paolo Crivelli says that in these addresses Aristotle believe that ‘a thought is of an object just if it is a likeness of it’ and ‘to be a likeness of an object is to be the result of a process of likening of which that object is a cause.’ This, Crivelli believes, is indeed the basis of the sameness of the objects of thoughts: they are results of the same processes of likening by the same objects. 5. There is a correspondence between nouns and verbs on the one hand and objects of thought without co-positing and positing away on the other hand: ‘Nouns themselves and verbs are like objects of thought (νοἠματι) without co-positing and positing away.’ (OI, I, 1, 16a13-14) A. Relationship between external world and thought The following can be inferred from Aristotle’s works about the relationship between thought and external world: 1. ‘The soul is in a way all existing things; for existing things are either sensible or thinkable, and knowledge is in a way what is knowable, and sensation is in a way what is sensible.’ (So., Γ, 8, 431b21-23) In fact, ‘within the soul the faculties of knowledge and sensation are potentially these objects, the one what is knowable, the other what is sensible.’ (So., Γ, 8, 431b26-27) 2. It is the form of the external objects that are in thought (So., Γ, 8, 431b26-29) and the objects of thought are in the sensible forms, viz. both the abstract objects and all the states and affections of sensible things (ἐν τοῖς εἴδεσι τοῖς αἰσθητοῖς τὰ νοητὰ ἐστι, τά τε ἐν ἀφαιρέσει λεγόμενα, καὶ ὃσα τῶν αἰσθητῶν ἓξις καὶ πάθη). (So., Γ, 8, 432a3-6) 3. While external objects are perishable, objects of thought seem to be eternal. (PrA., A, 33, 47b21-22) B. Relationship between language and the external world 1. There is a correspondence between the external world and the true statements about them: ‘If it is true to say that a thing is white, it must necessarily be white; if the reverse proposition is true, it will of necessity not be white.’ (OI, I, 9, 18a39-b5) 2. While external objects ‘does seem in some way the cause of’ the truth or falsity of lingual statements, ‘the true statement is in no way the cause of the actual thing’s existence.’ (Cat., 12, 14b18-22; cf. OI, I, 9, 18b36-19a6) Thus, the external objects reciprocate as to implication of existence with the corresponding true statement about them and thus are prior to them.’ (Cat., 12, 14b11-23) 3. The opposition between an affirmation and negation corresponds to an opposition in the external world between the objects underlying those statements. (Cat., 10, 12b6-15) 4. The correspondence of the whole structure of the external world and language for Aristotle is so that in analyzing the language he shows himself as analyzing the external world. It is in fact a very crucial and controversial dispute whether Aristotle’s philosophy in its very decisive parts is theorizing about language or about external world. In most of his important theories, he begins with discussing language. In fact, language is where he enters the discussion and, in many cases, where he finishes it. In these cases, he either does not discuss external world at all or only derives some principles or conclusions about it. In some other cases he begins from language but ends in external world. a) Daniel W. Graham thinks that language is Aristotle’s ‘model of the world.’ He refers to ‘subjecthood’ as what formally characterizes primary substance and explains how it bases reality in Aristotle: while to be an absolute subject is equal to be fully real, to be a predicate of a subject is equal to be real. ‘Language is not merely a tool to get around in the world; it reveals the structure of the world … the deep structure of language is isomorphic with the world… In this word, logic can reveal connections between elements because language and the world have a form in common. He lists Trendelenburg (1846, 11-13), Gillespie (1925) and (Ackrill (1963, 78-81) as those who have the same idea. b) Emphasizing on the force of τί in Aristotle’s statement when he says that assertions affirm something (τί) of something (τί) makes Peter Simpson (p. 85) to stress, in his interpretation of Jacob’s theory, on the ontological aspect of Aristotle’s philosophy. Jacob says that in his theory of predication, Aristotle focuses on ‘things’ and not words or concepts and predication is a relationship between extralinguistic entities rather than merely linguistic ones; something extralinguistic and ontological. c) Quoting Ackrill ((1963, 73): ‘the categories classify things, not words’) and Kahn ((1978, 248): ‘Aristotle never regards predication as a grammatical or linguistic relation of word to word, nor does he ever speak of subject and predicate as concepts united in judgment’), Fabio Morales says that Aristotle is not classifying predication in Categories but the attributes or properties these stand for.’ d) Graham thinks that the theory of synonymity-homonimity is not purely linguistic, since it is things rather than words that have these properties. (shrink)

Many jurisdictions prohibit or severely restrict the use of evidence about a defendant’s character to prove legal culpability. Situationists, who argue that conduct is largely determined by situational features rather than by character, can easily defend this prohibition. According to situationism, character evidence is misleading or paltry. -/- Proscriptions on character evidence seem harder to justify, however, on virtue ethical accounts. It appears that excluding character evidence either denies the centrality of character for explaining conduct—the situationist position—or omits probative evidence. (...) Situationism is, after all, presented as antithetical to virtue ethics. -/- This essay provides a virtue ethical defense of character evidence exclusion rules. We show that existing virtue ethical rebuttals to situationism themselves support prohibitions on character evidence; even if behavior arises from stable character traits, character evidence should be prohibited. In building our case, we provide a taxonomy of kinds of character judgment and reconcile the ubiquity and reasonableness of character judgments in ordinary life with the epistemic legitimacy of character evidence prohibitions in law. (shrink)

continent. 1.1 : 3-13. / 0/ – Introduction I want to propose, as a trajectory into the philosophically weird, an absurd theoretical claim and pursue it, or perhaps more accurately, construct it as I point to it, collecting the ground work behind me like the Perpetual Train from China Mieville's Iron Council which puts down track as it moves reclaiming it along the way. The strange trajectory is the following: Kant's critical philosophy and much of continental philosophy which has followed, (...) has been a defense against horror and madness. Kant's prohibition on speculative metaphysics such as dogmatic metaphysics and transcendental realism, on thinking beyond the imposition of transcendental and moral constraints, has been challenged by numerous figures proceeding him. One of the more interesting critiques of Kant comes from the mad black Deleuzianism of Nick Land stating, “Kant’s critical philosophy is the most elaborate fit of panic in the history of the Earth.” And while Alain Badiou would certainly be opposed to the libidinal investments of Land's Deleuzo-Guattarian thought, he is likewise critical of Kant's normative thought-bureaucracies: Kant is the one author for whom I cannot feel any kinship. Everything in him exasperates me, above all his legalism—always asking Quid Juris? Or ‘Haven’t you crossed the limit?’—combined, as in today’s United States, with a religiosity that is all the more dismal in that it is both omnipresent and vague. The critical machinery he set up has enduringly poisoned philosophy, while giving great succour to the academy, which loves nothing more than to rap the knuckles of the overambitious [….] That is how I understand the truth of Monique David-Menard’s reflections on the properly psychotic origins of Kantianism. I am persuaded that the whole of the critical enterprise is set up to to shield against the tempting symptom represented by the seer Swedenborg, or against ‘diseases of the head’, as Kant puts it. An entire nexus of the limits of reason and philosophy are set up here, namely that the critical philosophy not only defends thought from madness, philosophy from madness, and philosophy from itself, but that philosophy following the advent of the critical enterprise philosophy becomes auto-vampiric; feeding on itself to support the academy. Following Francois Laruelle's non-philosophical indictment of philosophy, we could go one step further and say that philosophy operates on the material of what is philosophizable and not the material of the external world. [1] Beyond this, the Kantian scheme of nestling human thinking between our limited empirical powers and transcendental guarantees of categorical coherence, forms of thinking which stretch beyond either appear illegitimate, thereby liquefying both pre-critical metaphysics and the ravings of the mad in the same critical acid. In rejecting the Kantian apparatus we are left with two entities – an unsure relation of thought to reality where thought is susceptible to internal and external breakdown and a reality with an uncertain sense of stability. These two strands will be pursued, against the sane-seal of post-Kantian philosophy by engaging the work of weird fiction authors H.P. Lovecraft and Thomas Ligotti. The absolute inhumanism of the formers universe will be used to describe a Shoggothic Materialism while the dream worlds of the latter will articulate the mad speculation of a Ventriloquil Idealism. But first we must address the relation of philosophy to madness as well as philosophy to weird fiction. /1/ – Philosophy and Madness There is nothing that the madness of men invents which is not either nature made manifest or nature restored. Michel Foucault. Madness and Civilization. The moment I doubt whether an event that I recall actually took place, I bring the suspicion of madness upon myself: unless I am uncertain as to whether it was not a mere dream. Arthur Schopenhauer. The World as Will and Idea, Vol. 3. Madness is commonly thought of as moving through several well known cultural-historical shifts from madness as a demonic or otherwise theological force, to rationalization, to medicalization psychiatric and otherwise. Foucault's Madness and Civilization is well known for orientating madness as a form of exclusionary social control which operated by demarcating madness from reason. Yet Foucault points to the possibility of madness as the necessity of nature at least prior to the crushing weight of the church. Kant’s philosophy as a response to madness is grounded by his humanizing of madness itself. As Adrian Johnston points out in the early pages of Time Driven pre-Kantian madness meant humans were seized by demonic or angelic forces whereas Kantian madness became one of being too human. Madness becomes internalized, the external demonic forces become flaws of the individual mind. Foucault argues that, while madness is de-demonized it is also dehumanized during the Renaissance, as madmen become creatures neither diabolic nor totally human reduced to the zero degree of humanity. It is immediately clear why for Kant, speculative metaphysics must be curbed – with the problem of internal madness and without the external safeguards of transcendental conditions, there is nothing to formally separate the speculative capacities for metaphysical diagnosis from the mad ramblings of the insane mind – both equally fall outside the realm of practicality and quotidian experience. David-Menard's work is particularly useful in diagnosing the relation of thought and madness in Kant's texts. David-Menard argues that in Kant's relatively unknown “An Essay on the Maladies of the Mind” as well as his later discussion of the Seer of Swedenborg, that Kant formulates madness primarily in terms of sensory upheaval or other hallucinatory theaters. She writes: “madness is an organization of thought. It is made possible by the ambiguity of the normal relation between the imaginary and the perceived, whether this pertains to the order of sensation or to the relations between our ideas” Kant's fascination with the Seer forces Kant between the pincers of “aesthetic reconciliation” – namely melancholic withdrawal – and “a philosophical invention” – namely the critical project. Deleuze and Guattari's schizoanalysis is a combination and reversal of Kant's split, where an aesthetic over engagement with the world entails prolific conceptual invention. Their embrace of madness, however, is of course itself conceptual despite all their rhizomatic maneuvers. Though they move with the energy of madness, Deleuze and Guattari save the capacity of thought from the fangs of insanity by imbuing materiality itself with the capacity for thought. Or, as Ray Brassier puts it, “Deleuze insists, it is necessary to absolutize the immanence of this world in such a way as to dissolve the transcendent disjunction between things as we know them and as they are in themselves”. That is, whereas Kant relied on the faculty of judgment to divide representation from objectivity Deleuze attempts to flatten the whole economy beneath the juggernaut of ontological univocity. Speculation, as a particularly useful form of madness, might fall close to Deleuze and Guattari’s shaping of philosophy into a concept producing machine but is different in that it is potentially self destructive – less reliant on the stability of its own concepts and more adherent to exposing a particular horrifying swath of reality. Speculative madness is always a potential disaster in that it acknowledges little more than its own speculative power with the hope that the gibbering of at least a handful of hysterical brains will be useful. Pre-critical metaphysics amounts to madness, though this may be because the world itself is mad while new attempts at speculative metaphysics, at post-Kantian pre-critical metaphysics, are well aware of our own madness. Without the sobriety of the principle of sufficient reason we have a world of neon madness: “we would have to conceive what our life would be if all the movements of the earth, all the noises of the earth, all the smells, the tastes, all the light – of the earth and elsewhere, came to us in a moment, in an instant – like an atrocious screaming tumult of things”. Speculative thought may be participatory in the screaming tumult of the world or, worse yet, may produce its spectral double. Against theology or reason or simply commonsense, the speculative becomes heretical. Speculation, as the cognitive extension of the horrorific sublime should be met with melancholic detachment. Whereas Kant's theoretical invention, or productivity of thought, is self -sabotaging, since the advent of the critical project is a productivity of thought which then delimits the engine of thought at large either in dogmatic gestures or non-systematizable empirical wondrousness. The former is celebrated by the fiction of Thomas Ligotti whereas the latter is espoused by the tales of H.P. Lovecraft. /2/ – Weird Fiction and Philosophy. Supernatural horror, in all its eerie constructions, enables a reader to taste treats inconsistent with his personal welfare. Thomas Ligotti Songs of a Dead Dreamer. I choose weird stories because they suit my inclination best—one of my strongest and most persistent wishes being to achieve,momentarily, the illusion of some strange suspension or violation of the galling limitations of time, space, and natural law which forever imprison us and frustrate our curiosity about the infinite cosmic spaces beyond the radius of our sight and analysis H.P. Lovecraft. “Notes on Writing Weird Fiction” Lovecraft states that his creation of a story is to suspend natural law yet, at the same time, he indexes the tenuousness of such laws, suggesting the vast possibilities of the cosmic. The tension that Lovecraft sets up between his own fictions and the universe or nature is reproduced within his fictions in the common theme of the unreliable narrator; unreliable precisely because they are either mad or what they have witnessed questions the bounds of material reality. In “The Call of Cthulhu” Lovecraft writes: The most merciful thing in the world, I think, is the inability of the human mind to correlate all its contents. We live on a placid island of ignorance in the midst of black seas of infinity, and it was not meant that we should voyage far. The sciences, each straining in its own direction, have hitherto harmed us little; but some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the deadly light into the peace and safety of a new dark age. Despite Lovecraft's invocations of illusion, he is not claiming that his fantastic creations such as the Old Ones are supernatural but, following Joshi, are only ever supernormal. One can immediately see that instead of nullifying realism Lovecraft in fact opens up the real to an unbearable degree. In various letters and non-fictional statements Lovecraft espoused strictly materialist tenets, ones which he borrowed from Hugh Elliot namely the uniformity of law, the denial of teleology and the denial of non-material existence. Lovecraft seeks to explore the possibilities of such a universe by piling horror upon horror until the fragile brain which attempts to grasp it fractures. This may be why philosophy has largely ignored weird fiction – while Deleuze and Guattari mark the turn towards weird fiction and Lovecraft in particular, with the precursors to speculative realism as well as contemporary related thinkers have begun to view Lovecraft as making philosophical contributions. Lovecraft's own relation to philosophy is largely critical while celebrating Nietzsche and Schopenhauer. This relationship of Lovecraft to philosophy and philosophy to Lovecraft is coupled with Lovecraft's habit of mercilessly destroying the philosopher and the figure of the academic more generally in his work, a destruction which is both an epistemological destruction and an ontological destruction. Thomas Ligotti's weird fiction which he has designated as a kind of “confrontational escapism” might be best described in the following quote from one of his shortstories, “The human phenomenon is but the sum of densely coiled layers of illusion each of which winds itself on the supreme insanity. That there are persons of any kind when all there can be is mindless mirrors laughing and screaming as they parade about in an endless dream”. Whereas Lovecraft's weirdness draws predominantly from the abyssal depths of the uncharted universe, Ligotti's existential horror focuses on the awful proliferation of meaningless surfaces that is, the banal and every day function of representation. In an interview, Ligotti states: We don't even know what the world is like except through our sense organs, which are provably inadequate. It's no less the case with our brains. Our whole lives are motored along by forces we cannot know and perceptions that are faulty. We sometimes hear people say that they're not feeling themselves. Well, who or what do they feel like then? This is not to say that Ligotti sees nothing beneath the surface but that there is only darkness or blackness behind it, whether that surface is on the cosmological level or the personal. By addressing the implicit and explicit philosophical issues in Ligotti's work we will see that his nightmarish take on reality is a form of malevolent idealism, an idealism which is grounded in a real, albeit dark and obscure materiality. If Ligotti's horrors ultimately circle around mad perceptions which degrade the subject, it takes aim at the vast majority of the focus of continental philosophy. While Lovecraft's acidic materialism clearly assaults any romantic concept of being from the outside, Ligotti attacks consciousness from the inside: Just a little doubt slipped into the mind, a little trickle of suspicion in the bloodstream, and all those eyes of ours, one by one, open up to the world and see its horror [...] Not even the solar brilliance of a summer day will harbor you from horror. For horror eats the light and digests it into darkness. Clearly, the weird fiction of Lovecraft and Ligotti amount to a anti-anthrocentric onslaught against the ramparts of correlationist continental philosophy. /3/ – Shoggothic Materialism or the Formless Formless protoplasm able to mock and reflect all forms and organs and processes—viscous agglutinations of bubbling cells—rubbery fifteen-foot spheroids infinitely plastic and ductile—slaves of suggestion, builders of cities—more and more sullen, more and more intelligent, more and more amphibious, more and more imitative—Great God! What madness made even those blasphemous Old Ones willing to use and to carve such things? H.P. Lovecraft. “At the Mountains of Madness” On the other hand, affirming that the universe resembles nothing and is only formless amounts to saying that the universe is something like a spider or spit. Georges Bataille. “Formless”. The Shoggoths feature most prominently in H.P. Lovecraft's shortstory “At the Mountains of Madness” where they are described in the following manner: It was a terrible, indescribable thing vaster than any subway train – a shapeless congeries of protoplasmic bubbles, faintly self -luminous, and with myriads of temporary eyes forming and un-forming as pustules of greenish light all over the tunnel-filling front that bore down upon us, crushing the frantic penguins and slithering over the glistening floor that it and its kind had swept so evilly free of all litter. The term is a litmus test for materialism itself as the Shoggoth is an amorphous creature. The Shoggoths were living digging machines bio engineered by the Elder Things, and their protoplasmic bodies being formed into various tools by their hypnotic powers. The Shoggoths eventually became self aware and rose up against their masters in an ultimately failed rebellion. After the Elder Ones retreated into the oceans leaving the Shoggoths to roam the frozen wastes of the Antarctic. The onto-genesis of the Shoggoths and their gross materiality, index the horrifyingly deep time of the earth a concept near and dear to Lovecraft's formulation of horror as well as the fear of intelligences far beyond, and far before, the ascent of humankind on earth and elsewhere. The sickly amorphous nature of the Shoggoths invade materialism at large, where while materiality is unmistakably real ie not discursive, psychological, or otherwise overly subjectivist, it questions the relation of materialism to life. As Eugene Thacker writes: The Shoggoths or Elder Things do not even share the same reality with the human beings who encounter them—and yet this encounter takes place, though in a strange no-place that is neither quite that of the phenomenal world of the human subject or the noumenal world of an external reality. Amorphous yet definitively material beings are a constant in Lovecraft's tales. In his tale “The Dream-Quest of Unknown Kadatth” Lovecraft describes Azathoth as, “that shocking final peril which gibbers unmentionably outside the ordered universe,” that, “last amorphous blight of nethermost confusion which blashphemes and bubbles at the centre of all infinity,” who, “gnaws hungrily in inconceivable, unlighted chambers beyond time”. Azathoth's name may have multiple origins but the most striking is the alchemy term azoth which is both a cohesive agent and a acidic creation pointing back to the generative and the decayed. The indistinction of generation and degradation materially mirrors the blur between the natural and the unnatural as well as life and non-life. Lovecraft speaks of the tension between the natural and the unnatural is his short story “The Unnameable.” He writes, “if the psychic emanations of human creatures be grotesque distortions, what coherent representation could express or portray so gibbous and infamous a nebulousity as the spectre of a malign, chaotic perversion, itself a morbid blasphemy against Nature?”. Lovecraft explores exactly the tension outlined at the beginning of this chapter, between life and thought. At the end of his short tale Lovecraft compounds the problem as the unnameable is described as “a gelatin—a slime—yet it had shapes, a thousand shapes of horror beyond all memory”. Deleuze suggests that becoming-animal is operative throughout Lovecraft's work, where narrators feel themselves reeling at their becoming non-human or of being the anomalous or of becoming atomized. Following Eugene Thacker however, it may be far more accurate to say that Lovecraft's tales exhibit not a becoming-animal but a becoming-creature. Where the monstrous breaks the purportedly fixed laws of nature, the creature is far more ontologically ambiguous. The nameless thing is an altogether different horizon for thought. The creature is either less than animal or more than animal – its becoming is too strange for animal categories and indexes the slow march of thought towards the bizarre. This strangeness is, as aways, some indefinite swirling in the category of immanence and becoming. Bataille begins “The Labyrinth” with the assertion that being, to continue to be, is becoming. More becoming means more being hence the assertion that Bataille's barking dog is more than the sponge. This would mean that the Shoggotth is altogether too much being, too much material in the materialism. Bataille suggests that there is an immanence between the eater and the eaten, across the species and never within them. That is, despite the chaotic storm of immanence there must remain some capacity to distinguish the gradients of becoming without reliance upon, or at least total dependence upon, the powers of intellection to parse the universe into recognizable bits, properly digestible factoids. That is, if we undo Deleuze's aforementioned valorization of sense which, for his variation of materialism, performed the work of the transcendental, but refuse to reinstate Kant's transcendental disjunction between thing and appearance, then it must be a quality of becoming-as-being itself which can account for the discernible nature of things by sense. In an interview with Peter Gratton, Jane Bennett formulates the problem thusly: What is this strange systematicity proper to a world of Becoming? What, for example, initiates this congealing that will undo itself? Is it possible to identify phases within this formativity, plateaus of differentiation? If so, do the phases/plateaus follow a temporal sequence? Or, does the process of formation inside Becoming require us to theorize a non-chronological kind of time? I think that your student’s question: “How can we account for something like iterable structures in an assemblage theory?” is exactly the right question. Philosophy has erred too far on the side of the subject in the subject-object relation and has furthermore, lost the very weirdness of the non-human. Beyond this, the madness of thought need not override. /4/ - Ventriloquial Idealism or the Externality of Thought My aim is the opposite of Lovecraft's. He had an appreciation for natural scenery on earth and wanted to reach beyond the visible in the universe. I have no appreciation for natural scenery and want the objective universe to be a reflection of a character. Thomas Ligotti. “Devotees of Decay and Desolation.” Unless life is a dream, nothing makes sense. For as a reality, it is a rank failure [….] Horror is more real than we are. Thomas Ligotti. “Professor Nobody's Little Lectures on Supernatural Horror”. Thomas Ligotti's tales are rife with mannequins, puppets, and other brainless entities which of replace the valorized subject of philosophy – that of the free thinking human being. His tales such as “The Dream of the Manikin” aim to destroy the rootedness of consciousness. James Trafford has connected the anti-egoism of Ligotti to Thomas Metzinger – where the self is at best an illusion and we plead desperately for someone else to acknowledge that we are real. Trafford has stated it thus, “Life is played out as an inescapable puppet show, an endless dream in which the puppets are generally unaware that they are trapped within a mesmeric dance of whose mechanisms they know nothing and over which they have no control”. An absolute materialism, for Ligotti, implies an alienation of the idea which leads to a ventriloquil idealism. As Ligotti notes in an interview, “the fiasco and nightmare of existence, the particular fiasco and nightmare of human existence, the sense that people are puppets of powers they cannot comprehend, etc.” And then further elaborates that,“[a]ssuming that anything has to exist, my perfect world would be one in which everyone has experienced the annulment of his or her ego. That is, our consciousness of ourselves as unique individuals would entirely disappear”. The externality of the idea leads to the unfortunate consequence of consciousness eating at itself through horror which, for Ligotti, is more real than reality and goes beyond horror-as-affect. Beyond this, taking together with the unreality of life and the ventriloquizing of subjectivity, Ligotti's thought becomes an idealism in which thought itself is alien and ultimately horrifying. The role of human thought and the relation of non-relation of horror to thought is not completely clear in Ligotti's The Conspiracy Against the Human Race. Ligotti argues in his The Conspiracy Against the Human Race,that the advent of thought is a mistake of nature and that horror is being in the sense that horror results from knowing too much. Yet, at the same time, Ligotti seems to suggest that thought separates us from nature whereas, for Lovecraft, thought is far less privileged – mind is just another manifestation of the vital principal, it is just another materialization of energy. In his brilliant “Prospects for Post-Copernican Dogmatism” Iain Grant rallies against the negative definition of dogmatism and the transcendental, and suggests that negatively defining both over-focuses on conditions of access and subjectivism at the expense of the real or nature. With Schelling, who is Grant's champion against the subjectivist bastions of both Fichte and Kant, Ligotti's idealism could be taken as a transcendental realism following from an ontological realism. Yet the transcendental status of Ligotti's thought move towards a treatment of the transcendental which may threaten to leave beyond its realist ground. Ligotti states: Belief in the supernatural is only superstition. That said, a sense of the supernatural, as Conrad evidenced in Heart of Darkness, must be admitted if one's inclination is to go to the limits of horror. It is the sense of what should not be- the sense of being ravaged by the impossible. Phenomenally speaking, the super-natural may be regarded as the metaphysical counterpart of insanity, a transcendental correlative of a mind that has been driven mad. Again, Ligotti equates madness with thought, qualifying both as supernatural while remaining less emphatic about the metaphysical dimensions of horror. The question becomes one of how exactly the hallucinatory realm of the ideal relates to the black churning matter of Lovecraft's chaos of elementary particles. In his tale “I Have a Special Plan for This World” Ligotti formulates thus: A: There is no grand scheme of things. B: If there were a grand scheme of things, the fact – the fact – that we are not equipped to perceive it, either by natural or supernatural means, is a nightmarish obscenity. C: The very notion of a grand scheme of things is a nightmarish obscenity. Here Ligotti is not discounting metaphysics but implying that if it does exist the fact that we are phenomenologically ill-equipped to perceive that it is nightmarish. For Ligotti, nightmare and horror occur within the circuit of consciousness whereas for Lovecraft the relation between reality and mind is less productive on the side of mind. It is easier to ascertain how the Kantian philosophy is a defense against the diseases of the head as Kant armors his critical enterprise from too much of the world and too much of the mind. The weird fiction of both Lovecraft and Ligotti demonstrates that there is too much of both feeding into one another in a way that corrodes the Kantian schema throughly, breaking it down into a dead but still ontologically potentiated nigredo. The haunting, terrifying fact of Ligotti's idealism is that the transcendental motion which brought thought to matter, while throughly material and naturalized, brings with it the horror that thought cannot be undone without ending the material that bears it either locally or completely. Thought comes from an elsewhere and an elsewhen being-in-thought. The unthinkable outside thought is as maddening as the unthought engine of thought itself within thought which doesn't exist except for the mind, the rotting décor of the brain. /5/ - Hyperstitional Transcendental Paranoia or Self -Expelled Thought Weird fiction has been given some direct treatment in philosophy in the mad black Deleuzianism of Nick Land. Nick Land along with others in the 1990s created the Cyber Culture Research Unit as well as the research group Hyperstition. The now defunct hyperstitional website, an outgrowth of the Cyber Culture Research Unit, defined hyperstition in the following fourfold: 1-Element of effective culture that makes itself real. 2-Fictional quantity functional as a time-traveling device. 3-Coincidence intensifier. 4-Call to the Old Ones. The distinctively Lovecraftian character of hyperstition is hard to miss as is its Deleuzo-Guattarian roots. In the opening pages of A Thousand Plateaus Deleuze and Guattari write, “We have been criticized for over-quoting literary authors. But when one writes, the only question is which other machine the literary machine can be plugged into”. The indisinction of literature and philosophy mirrors the mess of being and knowing as post-correlationist philosophy, where philosophy tries to make itself real where literature, especially the weird, aims itself at the brain-circuit of horror. The texts of both Lovecraft and Ligotti work through horror as epistemological plasticity meeting with proximity as well as the deep time of Lovecraft and the glacially slow time of paranoia in Ligotti. Against Deleuze, and following Brassier, we cannot allow the time of consciousness, the Bergsonian time of the duree, to override natural time, but instead acknowledge that it is an unfortunate fact of existence as a thinking being. Horror-time, the time of consciousness, with all its punctuated moments and drawn out terrors, cannot compare to the deep time of non-existence both in the unreachable past and the unknown future. The crystalline cogs of Kant's account of experience as the leading light for the possibility of metaphysics must be throughly obliterated. His gloss of experience in Prolegomena to any Future Metaphysics could not be more sterile: Experience consists of intuitions, which belong to the sensibility, and of judgments, which are entirely a work of the understanding. But the judgments which the understanding makes entirely out of sensuous intuitions are far from being judgments of experience. For in the one case the judgment connects only the perceptions as they are given in sensuous intuition [....] Experience consists in the synthetic connection of appearances in consciousness, so far as this connection is necessary. Here it is difficult to dismiss the queasiness that Kant's legalism induces upon sight for both Badiou and David-Menard. Kant's thought becomes, as Foucault says when reflecting on Sade's text in relation to nature, “the savage abolition of itself”. For Badiou, Kant's philosophy simply closes off too much of the outside, freezing the world of thought in an all too limited formalism. Critical philosophy is simply the systematized quarantine on future thinking, on thinking which would threaten the formalism which artificially grants thought its own coherency in the face of madness. Even the becoming-mad of Deleuze, while escaping the rumbling ground, makes grounds for itself, mad grounds but grounds which are thinkable in their affect. The field of effects allows for Deleuze's aesthetic and radical empiricism, in which effects and/or occasions make up the material of the world to be thought as a chaosmosis of simulacra. Given a critique of an empiricism of aesthetics, of the image, it may be difficult to justify an attack on Kantian formalism with the madness of literature, which does not aim to make itself real but which we may attempt to make real. That is, how do Lovecraft's and Ligotti's materials, as materials for philosophy to work on, differ from either the operative formalisms of Kant or the implicitly formalized images of Deleuzian empiricism? It is simply that such texts do not aim to make themselves real, and make claims to the real which are more alien to us than familiar, which is why their horror is immediately more trustworthy. This is the madness which Blanchot discusses in The Infinite Conversation through Cervantes and his knight – the madness of book-life, of the perverse unity of literature and life a discussion which culminates in the discussion of one of the weird's masters, that of Kafka. The text is the knowing of madness, since madness, in its moment of becoming-more-mad, cannot be frozen in place but by the solidifications of externalizing production. This is why Foucault ends his famous study with works of art. Furthermore extilligence, the ability to export the products of our maligned brains, is the companion of the attempts to export, or discover the possibility of intelligences outside of our heads, in order for philosophy to survive the solar catastrophe. To borrow again from Deleuze, writing is inseparable from becoming. The mistake is to believe that madness is reabsorbed by extilligence, by great works, or that it could be exorcised by the expelling of thought into the inorganic or differently organic. Going out of our heads does not guarantee we will no longer mean we cannot still go out of our minds. This is simply because of the outside, of matter, or force, or energy, or thing-in-itself, or Schopenhauerian Will. In Lovecraft’s “The Music of Erich Zahn” an “impoverished student of metaphysics” becomes intrigued by strange viol music coming from above his room. After meeting the musician the student discovers that each night he plays frantic music at a window in order to keep some horridness at bay, some “impenetrable darkness with chaos and pandemonium”. The aesthetic defenses provided by the well trained brain can bear the hex of matter for so long, the specter of unalterability within it which too many minds obliterate, collapsing everything before the thought of thought as thinkable or at least noetically mutable on our own terms. Transcendental paranoia is the concurrent nightmare and promise of Paul Humphrey's work, of being literally out of our minds. It is the gothic counterpart of thinking non-conceptually but also of thinking never belonging to any instance of purportedly solid being. As Bataille stated, “At the boundary of that which escapes cohesion, he who reflects within cohesion realizes there is no longer any room for him” Thought is immaterial only to the degree that it is inhuman, it is a power that tries, always with failure, to ascertain its own genesis. Philosophy, if it can truly return to the great outdoors, if it can leave behind the dead loop of the human skull, must recognize not only the non-priority of human thought, but that thought never belongs to the brain that thinks it, thought comes from somewhere else. To return to the train image from the beginning “a locomotive rolling on the surface of the earth is the image of continuous metamorphosis” this is the problem of thought, and of thinking thought, of being no longer able to isolate thought, with only a thought-formed structure. [1] One of the central tenets of Francois Laruelle's non-philosophy is that philosophy has traditionally operated on material already presupposed as thinkable instead of trying to think the real in itself. Philosophy, according to Laruelle, remains fixated on transcendental synthesis which shatters immanence into an empirical datum and an a prori factum which are then fused by a third thing such as the ego. For a critical account of Laruelle's non-philosophy see Ray Brassier's Nihil Unbound. (shrink)

Existing discussions about automated decision-making focus primarily on its inputs and outputs, raising questions about data collection and privacy on one hand and accuracy and fairness on the other. Less attention has been devoted to critically examining the temporality of decision-making processes—the speed at which automated decisions are reached. In this paper, I identify four dimensions of algorithmic speed that merit closer analysis. Duration (how much time it takes to reach a judgment), timing (when automated systems intervene in the (...) activity being evaluated), frequency (how often evaluations are performed), and lived time (the human experience of algorithmic speed) are interrelated, but distinct, features of automated decision-making. Choices about the temporal structure of automated decision-making systems have normative implications, which I describe in terms of "disruption," "displacement," "re-calibration," and "temporal fairness," with values such as accuracy, fairness, accountability, and legitimacy hanging in the balance. As computational tools are increasingly tasked with making judgments about human activities and practices, the designers of decision-making systems will have to reckon, I argue, with when—and how fast—judgments ought to be rendered. Though computers are capable of reaching decisions at incredible speeds, failing to account for the temporality of automated decision-making risks misapprehending the costs and benefits automation promises. (shrink)

According to normative decision theory there exists a principle of procedure invariance which states that a decision maker's preference order should remain the same, independently of which response mode is used. For example, the decision maker should express the same preference independently of whether he or she has to judge or decide. Nevertheless, previous research in behavioral decision making has suggested that judgments and choices yield different preference orders in both the risky and the riskless domain. In the latter, the (...) prominence effect has been demonstrated. The main purpose of the present series of experiments was to test cognitive explanations which account for the prominence effect. One of the explanations provided a psychological account based primarily on decision-strategy compatibility. Two other explanations built on information structuring approaches. In the first one, the general idea was that decision makers differentiate between alternatives by value and belief restructuring. In the second approach, violations of invariance were assumed to be attributed to the information structure of the task which in many cases demand problem simplification. A prominence effect was in most experiments found for both choices and preference ratings. This finding spöke against the strategy compatibility explanation. Instead, the different forms of cognitive restructuring provided a better account. However, none of these provided a single explanation. Yet, the structure compatibility explanation appeared to be the more viable one, in particular of the relation between experimentäl manipulations and response mode outcomes. The predictions of the value-belief restructuring explanation, on the other hand, seemed to be more valid for the prominence effect found in choice than for preference ratings. (shrink)

In the darkness of difficult times, in the degradation of human nature and in the slumber of consciences, we resolutely affirm with the accuracy of the hermeneutic lógos and the mild gentleness of the óneiro the centrality of the human person within the pedagogical discourse. In the knowledge and care of the dignity, richness and wholeness constitutive of the potential of intentional consciousness we recognize the specific object of educational theory and the safe path to the global empowerment of individual (...) and society. That is why we conceive of tea-ching as a paideia of virtues: that is to say, as a most excellent art to which the whole of existence is to be devoted. That is why our children and pupils are welcomed, loved and accustomed to freely exercise their will and judgment, guided by imagination, enthusiasm, history, great ideals, faith and example, so that their hearts and intelligence learn to recognize, cherish and grow the seeds of hope in a better future. (shrink)

This paper aims to redefine the philosophy of morality and ethics through the lens of justice, positing justice as the primary determinant of moral and immoral actions. Traditional ethical frameworks such as deontology, utilitarianism, and virtue ethics, although foundational, frequently fall short in grappling with the complexities and nuances of modern ethical dilemmas. A critical examination of these theories reveals their limitations and underscores the need for a more robust ethical framework. By positioning justice as the core principle, this paper (...) argues that morality itself should be defined through the concept of justice, rather than integrating justice as an auxiliary component. This approach ensures that ethical principles are applied consistently and equitably, providing a universal standard for moral judgment. The analysis of classical ethical dilemmas, such as the Trolley Problem, illustrates the inherent conflicts within traditional theories and highlights the superiority of a justice-centered approach. The redefinition of morality through justice addresses the shortcomings of existing frameworks and offers a comprehensive solution to modern ethical challenges. This paper concludes that a justice-centric ethical philosophy not only aligns with contemporary societal values but also promotes a more just, empathetic, and sustainable world. (shrink)

In his recent book, The Dimensions of Consequentialism, Martin Peterson puts forward a new version of consequentialism that he dubs ‘multidimensional consequentialism’. The defining thesis of the new theory is that there are irreducible moral aspects that jointly determine the deontic status of an act. In defending his particular version of multidimensional consequentialism, Peterson advocates the thesis—he calls it DEGREE—that if two or more moral aspects clash, the act under consideration is right to some non-extreme degree. This goes against the (...) orthodoxy according to which—Peterson calls this RESOLUTION—each act is always either entirely right or entirely wrong. The argument against RESOLUTION appeals to the existence of so-called deontic leaps: the idea is that endorsing RESOLUTION would not give each relevant moral aspect its due in the final analysis. Our paper argues that, contrary to Peterson, all moral aspects remain visible in what can properly be called the final analysis of a moral theory that involves RESOLUTION, moral aspects do not have to remain visible in judgements of all-things-considered rightness or wrongness, respectively, introduction of what Peterson calls verdictive reasons does not change the overall picture in favour of DEGREE. We conclude that multi-dimensional consequentialists should accept RESOLUTION rather than DEGREE. (shrink)

Introduction There are some exceptions, which we shall see below, but virtually all theories in psychology and cognitive science make use of the notion of representation. Arguably, folk psychology also traffics in representations, or is at least strongly suggestive of their existence. There are many different types of things discussed in the psychological and philosophical literature that are candidates for representation-hood. First, there are the propositional attitudes – beliefs, judgments, desires, hopes etc. (see Chapters 9 and 17 of this (...) volume). If the propositional attitudes are representations, they are person-level representations – the judgment that the sun is bright pertains to John, not a subpersonal part of John. By contrast, the representations of edges in V1 of the cerebral cortex that neuroscientists talk about and David Marr’s symbolic representations of “zero-crossings” in early vision (Marr 1982) are at the “sub-personal” level – they apply to parts or states of a person (e.g. neural parts or computational states of the visual system). Another important distinction is often made among perceptual, cognitive, and action-oriented representations (e.g. motor commands). Another contrast lies between “stored representations” (e.g. memories) and “active representations” (e.g. a current perceptual state). Related to this is the distinction between “dispositional representations” and “occurrent representations.” Beliefs that are not currently being entertained are dispositional, e.g. your belief that the United States is in North America - no doubt you had this belief two minutes ago, but you were not consciously accessing it until you read this sentence. Occurrent representations, by contrast, are active, conscious thoughts or perceptions. Which leads us to another important distinction: 1 between conscious and non-conscious mental representations, once a bizarre-sounding distinction that has become familiar since Freud (see Chapter 4 of this volume). I mention these distinctions at the outset to give you some idea of the range of phenomena we will be considering, and to set the stage for our central “problem of representation”: what is a mental representation, exactly, and how do we go about deciding whether there are any? We know there are public representations of various kinds: words, maps, and pictures, among others.. (shrink)

The ``doctrinal paradox'' or ``discursive dilemma'' shows that propositionwise majority voting over the judgments held by multiple individuals on some interconnected propositions can lead to inconsistent collective judgments on these propositions. List and Pettit (2002) have proved that this paradox illustrates a more general impossibility theorem showing that there exists no aggregation procedure that generally produces consistent collective judgments and satisfies certain minimal conditions. Although the paradox and the theorem concern the aggregation of judgments rather than preferences, they invite comparison (...) with two established results on the aggregation of preferences: the Condorcet paradox and Arrow's impossibility theorem. We may ask whether the new impossibility theorem is a special case of Arrow's theorem, or whether there are interesting disanalogies between the two results. In this paper, we compare the two theorems, and show that they are not straightforward corollaries of each other. We further suggest that, while the framework of preference aggregation can be mapped into the framework of judgment aggregation, there exists no obvious reverse mapping. Finally, we address one particular minimal condition that is used in both theorems – an independence condition – and suggest that this condition points towards a unifying property underlying both impossibility results. (shrink)

Mulla Sadra's view of the perception of the other is the product of a profound study and serious criticism of the ideas of Peripatetics and Illuminationists, particularly those of Ibn Sina and Suhrawardi. In fact, an accurate perception of his view requires great attention to these criticisms. The importance of Mulla Sadra's criticisms lies in the fact that they are not limited only to the outward and external layers of a philosophy but continue until penetrating its inward and internal layers (...) and main principles and, in case they are defective, lead to developing new fundamental principles.According to Suhrawardi, the perception of the other is a relation. Mulla Sadra rejects this idea because of its being based on some principles which are completely unacceptable to him. Some of them include the principiality of quiddity, its gradation, and the negation of the union of the knower and the known. Mulla Sadra demonstrates the opposite of these principles and, unlike Suhrawardi, based his interpretation of the perception of the other on believing in the principiality of existence, its gradation, and the union of the knower and the known. Accordingly, he views the perception of thing not as a relation but as the presence of its form before the perceiver. Here, the form has no identity in separation from the perceiver so that we could say there is a non-relational perception between the perceiver and the perceived.The writer believes that Mulla Sadra's arguments on rejecting the argument of relation lack sufficient firmness, and a final judgment of the truth of either of these theories on perception depends on the truth of their basic principles. The acceptance of Mulla Sadra's theory depends on the strength of his arguments on denying the plurality of existents. This is because without this denial one cannot reject the ideas of relation and demonstrate the idea of the union of the knower and the known. (shrink)

-/- The Inefficiency of the Biological Brain and Its Impact on Personal, Social, and Societal Problems: A Perspective Based on the Universal Formula -/- The human brain, though remarkably complex and capable of extraordinary feats, is inherently limited by its biological structure and inefficiencies. These limitations often lead to errors in perception, cognition, and decision-making, which in turn contribute to a wide range of personal, social, and societal problems. Using the framework of the universal formula, which incorporates the law of (...) karma (cause and effect) and the necessity for systems to be free of defects, we can analyze how the inefficiency of the brain manifests as imbalances that disrupt the natural order. -/- The Biological Brain as an Inefficient System -/- The human brain operates as a biological system, governed by physical and chemical processes. Like any system, it is susceptible to defects, such as cognitive biases, emotional dysregulation, and limitations in memory and reasoning. These inefficiencies stem from evolutionary constraints, where survival and reproduction were prioritized over optimal functioning. -/- For instance, the brain’s tendency toward confirmation bias—favoring information that aligns with existing beliefs—illustrates a defect that disrupts rational decision-making. This defect violates the universal law of balance in nature by creating distorted perceptions of reality, leading to decisions that are not aligned with objective truth. As a result, personal problems such as poor judgment, anxiety, and conflict arise. -/- Impact on Social Interactions and Collective Decisions -/- The inefficiencies of individual brains are amplified in social contexts, where interactions between flawed minds create feedback loops of misunderstanding, miscommunication, and conflict. For example, tribalism—a byproduct of evolutionary social bonding—leads to in-group favoritism and out-group hostility. These behaviors create social imbalances, fueling discrimination, prejudice, and division. -/- According to the universal formula, collective decision-making systems must also adhere to the law of balance. However, when individuals operating under cognitive and emotional inefficiencies participate in governance, education, or economic systems, these defects propagate, resulting in flawed policies and societal structures. For example, leaders influenced by personal biases or misinformation can implement policies that favor short-term gains over long-term sustainability, creating systemic imbalances in society. -/- Societal Problems Rooted in Brain Inefficiency -/- The accumulation of individual and social imbalances inevitably manifests as societal problems, such as poverty, inequality, and environmental degradation. These issues can be traced back to the inefficiency of the biological brain in processing complex, interconnected systems. The human brain struggles to comprehend long-term consequences, leading to overconsumption, unchecked population growth, and unsustainable economic models. -/- The law of karma in the universal formula emphasizes that defective systems produce flawed outcomes. Societies governed by human brains that fail to account for natural balance are bound to experience the consequences of imbalance, such as resource depletion, social unrest, and climate change. These problems are not merely incidental; they are the inevitable result of a system that violates the principles of natural harmony. -/- Addressing Brain Inefficiency Through the Universal Formula -/- The universal formula provides a roadmap for addressing the inefficiencies of the biological brain by emphasizing the importance of balance, feedback mechanisms, and defect-free systems. Education plays a crucial role in this process. By teaching the universal law of balance in nature and fostering critical thinking, individuals can learn to recognize and correct cognitive biases, emotional distortions, and flawed reasoning. -/- Furthermore, the integration of artificial intelligence programmed with the universal formula offers a promising solution to mitigate human brain inefficiencies. AI systems, equipped with complete sensor systems and free from cognitive biases, can serve as objective feedback mechanisms to guide human decision-making. These systems can help individuals and societies adhere to the principles of natural balance, preventing and solving problems that arise from brain inefficiencies. -/- Conclusion -/- The inefficiency of the biological brain is a fundamental cause of many personal, social, and societal problems. By understanding these inefficiencies through the lens of the universal formula, we can identify the root causes of imbalance and implement solutions that align with the natural laws of balance and karma. Through education, technological innovation, and adherence to universal principles, humanity can transcend the limitations of its biological brain and move toward a more harmonious and sustainable future. -/- . (shrink)

My concern in this paper is how to reconcile a central tension in Hannah Arendt’s thinking, one that – if left unresolved – may make us reluctant to endorse her political theory. Arendt was profoundly and painfully aware of the horrors of political evil; in fact, she is almost unparalleled in 20 th century thought in her concern for the consequences of mass political violence, the victims of political atrocities, and the most vulnerable in political society – the stateless, the (...) pariahs, the outcasts. At least, this is the case in her discussions of concrete, historical political situations. Yet in her philosophical writings, she continues to argue that the political realm ultimately redeems human existence, and furthermore, that politics should remain distinct and autonomous from moral evaluation. Political action must be evaluated according to “greatness,” not goodness or any other explicitly moral or even ethical standard. She goes so far as to suggest that politics and morality may be deeply hostile to one another, and can only be reconciled in situations of extreme emergency. This can leave many feeling both perplexed and deeply uncomfortable with the theory of human action that Arendt proposes. Drawing on her notions of political conscience, judgment and - in particular - her account of forgiveness, in this paper I argue that Arendt offers an ethics of plurality, in which what is good is developed from what is most politically important: amor mundi, or love of our shared political world. (shrink)

What is it that we are doing when we make ethical claims and judgments, such as the claim that we morally ought to assist refugees? This dissertation introduces and defends a novel theory of ethical thought and discourse. I begin by identifying the surface features of ethical thought and discourse to be explained, including the realist and cognitivist (i.e. belief-like) appearance of ethical judgments, and the apparent close connection between making a sincere ethical judgment and being motivated to act (...) on it. I examine prominent attempts to explain these features, with a focus on recent ‘hybrid’ theories combining elements of expressivism and cognitivism. Despite their initial promise, I argue that extant hybrid theories are nevertheless committed to problematic semantic, metasemantic, or pragmatic assumptions. I then discuss what I take to be the strongest existing option, ethical neo-expressivism (Bar-On and Chrisman, 2009; Bar-On, Chrisman, and Sias, 2014), and develop it into an explicitly hybrid theory proposing that ethical judgments incorporate both motivationally-charged affective states and moral beliefs. I then supplement this account with a theory of the proper function (following Millikan, 1984) of ethical claims and judgments, arguing that they function simultaneously to track the morally salient features of social situations, and to coordinate our behavior around these features. Finally, I defend one of the cognitivist commitments of the theory – namely, that objective moral knowledge is possible – by applying recent work on the epistemology of fundamental or ‘core’ intellectual commitments (Lynch, 2012; Pritchard, 2016) to the moral realm. (shrink)

Doxasticism about our awareness of normative (i.e. justifying) reasons – the view that we can recognise reasons for forming attitudes or performing actions only by means of normative judgements or beliefs – is incompatible with the following triad of claims: -/- (1) Being motivated (i.e. forming attitudes or performing actions for a motive) requires responding to and, hence, recognising a relevant reason. -/- (2) Infants are capable of being motivated. -/- (3) Infants are incapable of normative judgement or belief. -/- (...) It should be clear that (3) is true, given that infants lack the required reflective and conceptual capacities. So doxasticists have to reject either (1) or (2) (or both). But this forced choice may be understood as a dilemma for doxasticism. On the hand, doxasticists may adopt a Kantian approach and reject (2), precisely because they think that motivation presupposes the doxastic recognition of reasons, and because infants lack the capacity to doxastically recognise reasons. But this choice seems to wrongly reduce the responses of infants to mere reflexes or instinctive reactions. On the other hand, doxasticists may choose a Humean route and deny (1) by espousing a purely causal or teleological account of motivation. But this would mean detrimentally ignoring the normative nature of (some instances of) motivation. -/- One elegant way of avoiding this dilemma is to give up doxasticism and instead endorse experientialism – the view that we enjoy some experiential access to reasons, which is independent of, and perhaps more fundamental than, our capacity to form normative judgements and beliefs. In this talk, I would like to provide an argument for the existence of such a non-doxastic form of access to reasons. More specifically, I aim to defend the claim that our basic awareness of reasons is phenomenal in nature. What this means is that it forms part of our access from the inside to those of our mental episodes that provide us with access to reasons. In other words, when we introspectively attend to reason-giving mental episodes and what they are about, we have the impression of the presence of a reason for us. My defence of this experientialist alternative to doxasticism will primarily focus on perceptual reasons for first-order beliefs about the external world. (shrink)

In recent work, William Blattner claims that Heidegger is an empirical realist, but not a transcendental idealist. Blattner argues that, unlike Kant, Heidegger holds that thinking beyond human life warrants no judgment about nature's existence. This poses two problems. One is interpretive: Blattner misreads Kant's conception of the beyond-life as yielding the judgment that nature does not exist, for Kant shares Heidegger's view that such a judgment must lack sense. Another is programmatic: Blattner overstates the gap (...) between Kant's and Heidegger's positions, for both are ontological, not ontic. I solve these problems by showing that Heidegger's analysis of Dasein contains the core of Kant's argument for transcendental idealism: the apriority of space and time. I conclude that Heidegger exemplifies Kant's view that empirical realism just is transcendental idealism. (shrink)

-/- ABSTRACT: The concept of beauty has been central to the understanding of Aesthetics, but most modern scholars examine and celebrate Aesthetics presupposing that beauty exists in this Universe, and that by merely being patrons and proponents of art, they can exercise their metaphysical-value judgment however they feel is fulfilling. Contemporary artists fail to realize the etiology and phenomenological value of beauty. The perfect exemplification of this can be seen in the veritable themes and allegories of Postmodernism. The fetishistic (...) penchant of Post-structuralists and Post-modernists has made the treatment of art and literature destructively convoluted and obfuscated, and offers infinite leeway for analysis of any kind. The trite adage ''Kill the writer’’ has been grossly misused and misidentified. Having said that, this essay also does not aim to blindly ridicule Postmodernism, and It will be apparent from the tone of the essay that I myself subscribe to the incontrovertible absolutism that Postmodernism offers, but only in the sense of axiom and logic. I, however, do not value and extol the senseless plurality and verbosity of non-analytical assessment that is ubiquitously pronounced in Postmodern content. (shrink)

The question of whether or not beauty exists in nature is a philosophical problem. In particular, there is the question of whether artworks, persons, or nature has aesthetic qualities. Most people say that they care about their own beauty. Moreover, they judge another person's appearance from an aesthetic point of view using aesthetic concepts. However, aesthetic judgements are not objective in the sense that the experience justifies their objectivity. By analysing Monroe C. Beardsley's theory of the objectivity of aesthetic qualities, (...) I examine whether there are really beautiful and ugly persons in the world. I will criticize the way analytic philosophers judge people and art from an aesthetic perspective. If there are no aesthetic qualities in the world, nobody can judge someone beautiful or ugly without oppression. Aesthetic judgement is exercise of power. (shrink)

Existing interpretations of Kant’s appeal to the spontaneity of the mind focus almost exclusively on the discussion of pure apperception in the Transcendental Deduction. The risk of such a strategy lies in the considerable degree of abstraction at which the argument of the Deduction is carried out: existing interpretations fail to reconnect adequately with any ground-level perspective on our cognitive lives. This paper works in the opposite direction. Drawing on Kant’s suggestion that the most basic picture we can have of (...) our cognitive capacity already makes reference to its state of excellence, or health (“sound understanding”), I set out by assembling Kant’s normative ground-level view of our cognitive lives, and then search for the fundamental condition of its possibility. This leads me to Kant’s conception of reflection as a normative requirement of judgment. Through examination of Kant’s remarks on reflection, I connect Kant’s preoccupation with the enlightenment ideal of originality (thinking for oneself) with his central appeal to the spontaneity of the mind. (shrink)