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

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

Indagaciones Sonoras. Diálogos entre la música y pensamiento en tres movimientos, del profesor Falla Carrillo presenta tres interesantes aportaciones al respecto estructuradas en dos partes y tres movimientos. La primera parte comprende el movimiento titulado “Ideas sobre la música en el recorrido intelectual de Karl Popper". La segunda parte abarca los movimientos segundos –“Apuntes biográficos e intelectuales de Bernardo Alcedo" y tercero –"Música que piensa y cree. La 'Resurrección' de Gustav Mahler en la perspectiva de Eugenio Trías”. La (...) obra, en su conjunto, está atravesada dos cuestiones de gran relevancia. La primera de ellas es el intento de dilucidación de si, en efecto, “la música es pensamiento"; y la segunda, consecuente con la respuesta a la primera, de si, por lo tanto, se trata de "un arte que debe enseñarse y fomentarse”. (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)

Indagaciones Sonoras. Diálogos entre la música y pensamiento en tres movimientos, del profesor Falla Carrillo presenta tres interesantes aportaciones al respecto estructuradas en dos partes y tres movimientos. La primera parte comprende el movimiento titulado “Ideas sobre la música en el recorrido intelectual de Karl Popper". La segunda parte abarca los movimientos segundos –“Apuntes biográficos e intelectuales de Bernardo Alcedo" y tercero –"Música que piensa y cree. La 'Resurrección' de Gustav Mahler en la perspectiva de Eugenio Trías”. La (...) obra, en su conjunto, está atravesada dos cuestiones de gran relevancia. La primera de ellas es el intento de dilucidación de si, en efecto, “la música es pensamiento"; y la segunda, consecuente con la respuesta a la primera, de si, por lo tanto, se trata de "un arte que debe enseñarse y fomentarse”. (shrink)

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

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

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

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

Karl Pfeifer attempts to present a coherent view of panentheism that eschews Pickwickian senses of “in” and aligns itself with, and builds upon, familiar diagrammed portrayals of panentheism. The account is accordingly spatial-locative and moreover accepts the proposal of R.T. Mullins that absolute space and time be regarded as attributes of God. In addition, however, it argues that a substantive parthood relation between the world and God is required. Pfeifer’s preferred version of panpsychism, viz. panintentionalism, is thrown into the (...) mix as an optional add-on. On this account, God is conceived of as a “spiritual field” whose nature can be made more intelligible by regarding “God” as having a mass-noun sense in some contexts. Pfeifer closes with the suggestion that we look to topology and mereology for further development of the position outlined in his paper. (shrink)

This paper explores how transformative experience generates decision-making problems of particular seriousness in medical settings. Potentially transformative experiences are especially likely to be encountered in medicine, and the associated decisions are confronted jointly by patients and clinicians in the context of an imbalance of power and expertise. However in such scenarios the principle of informed consent, which plays a central role in guiding clinicians, is unequal to the task. We detail how the principle’s assumptions about autonomy, rationality and information handle (...) transformative experiences poorly, appealing to several difficult cases for medical decision-making to illustrate the resulting problem, and we consider how the existing literature on complications with consent fails to offer a resolution. We argue that recognition of the problem has a role to play in achieving a more effective response to transformative decisions. In Sect. 1 we introduce several representative cases of challenging patient decision-making that clinicians might face. In Sect. 2 we detail how transformative experience has been analysed in the recent literature, before outlining in Sect. 3 the theoretical basis of the principle of informed consent, which plays a central role in how clinicians are expected to support decision-making. In Sect. 4, having laid the groundwork for a clear description, we return to the cases given in Sect. 1 to confirm how their transformative nature presents a problem: either clinicians treat the decisions faced by these patients as ‘normal’, encouraging them to focus on information provision that patients may be unable to act on, or they treat them as transformative, in which case they lack the resources to recognise whether they are helping patients make (subjectively) good decisions. In Sect. 5 we argue that the existing literature does not offer any escape from this problem. We close in Sect. 6 by noting the significant impact that appreciating the problem of transformative experience could have on supporting transformative decisions in medicine and briefly suggesting how we might aim to develop new approaches to dealing with these. (shrink)

A brief account of karma and transmigration is followed by an introduction to Indian ways of assessing arguments. The body of the work canvasses the systems of Nyaya Vaisesika, Buddhism, Jainism, Samkhya and Advaita Vedanta.

Karl Pfeifer revisits Wittgenstein’s parenthetical allusion in the _Tractatus Logico-Philosophicus_ to the Grimms’ fairytale “The Golden Lads”, confirming that it does not work well as an illustration of the notion of “internal identity” that figures in Wittgenstein’s picture theory. He then proposes alternative ways of understanding the relationship of identity apparent in “The Golden Lads”.

A number of logicians and philosophers have turned their attention in recent years to the problem of developing a logic of interrogatives. Their work has thrown a great deal of light on the formal properties of questions and question-sentences and has led also to interesting innovations in our understanding of the structures of performatives in general and, for example, in the theory of presuppositions. When, however, we examine the attempts of logicians such as Belnap or Åqvist to specify what, precisely, (...) a question is, or what it is to ask or raise a question, then what we are offered is somewhat less illuminating. Two alternative reductionist accounts seem in particular to have gained most favor: questions are identified either as special sorts of statements, or as special sorts of requests. As we hope will become clear in what follows, neither of these accounts is even nearly adequate; and matters are not improved if questions are identified, by force majeure, as combinations of statements and requests. (shrink)

Over the last two decades, Kant’s name has become closely associated with the “constitutivist” program within metaethics. But is Kant best read as pursuing a constitutivist approach to meta- normative questions? And if so, in what sense? In this essay, I’ll argue that we can best answer these questions by considering them in the context of a broader issue – namely, how Kant understands the proper methodology for philosophy in general. The result of this investigation will be that, while Kant (...) can indeed be read as a sort of constitutivist, his constitutivism is ultimately just one instance of a much more general approach to philosophy – which treats as fundamental our basic, self-conscious rational capacities. Thus, to truly understand why and how Kant is a constitutivist, we need to consider this question within the context of his more fundamental commitment to “capacities-first philosophy”. (shrink)

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

The teleosemantic indeterminacy problem has generated much discussion but no consensus. One possible solution is to accept indeterminacy as a real feature of some representations. I call this view “indeterminacy realism.” In this paper, I argue that indeterminacy realism should be treated as a serious option. By drawing an analogy with vagueness, I try to show that accepting the reality of indeterminacy would not be catastrophic for teleosemantics. I further argue that there are positive reasons to endorse indeterminacy realism. I (...) end the paper by arguing that indeterminacy realism need not generalize viciously to the case of propositional attitudes. (shrink)

Contemporary forms of Kantian constitutivism generally begin with a conception of agency on which the constitutive aim of agency is some form of autonomy or self-unification. This chapter argues for a re-orientation of the Kantian constitutivist project towards views that begin with a conception of rationality on which both theoretical and practical rationality aim at forms of understanding. In a slogan, then, understanding-first as opposed to autonomy-first constitutivism. Such a view gives the constitutivist new resources for explaining many classes of (...) reasons, while also offering a new way of understanding the unity of theoretical and practical reason. The chapter concludes by arguing that the resulting view is best understood, not so much as an alternative to autonomy-first constitutivism, but as a complement to it. (shrink)

This article argues the following points. The Hobbesian hypothesis, which we define as the claim that all people are better off under state authority than they would be outside of it, is an empirical claim about all stateless societies. It is an essential premise in most contractarian justifications of government sovereignty. Many small-scale societies are stateless. Anthropological evidence from them provides sufficient reason to doubt the truth of the hypothesis, if not to reject it entirely. Therefore, contractarian theory has not (...) done what it claims to do: it has not justified state sovereignty to each person subject to it by demonstrating that they benefit from that authority. To be justified in contractarian terms, states have to do something to improve the living standards of disadvantaged people under their rule. (shrink)

Historical research has recently made it clear that, prior to Austin and Searle, the phenomenologist Adolf Reinach (1884-1917) developed a full-fledged theory of speech acts under the heading of what he called "social acts". He we consider a second instance of a speech act theory avant la lettre, which is to be found in the common sense philosophy of Thomas Reid (1710-1796). Reid’s s work, in contrast to that of Reinach, lacks both a unified approach and the detailed analyses of (...) pertinent examples. But his writings leave no doubt that he is acutely aware of the very problems concerning language structure and use out of which contemporary speech act theory has evolved and that he goes a good way towards solving these problems in the spirit of the modern theory. (shrink)

The essay provides an account of the development of Reinach’s philosophy of “Sachverhalte” (states of affairs) and on problems in the philosophy of law, leading up to his discovery of the theory of speech acts in 1913. Reinach’s relations to Edmund Husserl and to the Munich phenomenologists are also dealt with.

Neo-Kantianism is common conceived as a philosophy ‘from above’, excelling in speculative constructions – as opposed to the attitude of patient description which is exemplified by the phenomenological turn ‘to the things themselves’. When we study the work of Emil Lask in its relation to that of Husserl and the phenomenologists, however, and when we examine the influences moving in both directions, then we discover that this idea of a radical opposition is misconceived. Lask himself was influenced especially by Husserl’s (...) Logical Investigations, and Husserl, especially in his later writings, was in some respects closer to Kant than were the Neo-Kantians. The contrast between the two philosophers can be illustrated by looking at their view of the objects of judgment; for Lask, as for Kant, judgment can relate to the thing as such only in an indirect way. The world of judgment is a collection of ‘imitations holding a secondary position’. It is cut apart from the plain world of real things by what Lask calls a ‘chasm of artificiality and imagery’. For Husserl, in contrast, the object of judgment is a ‘Sachverhalt’ or state of affairs, something ontologically ‘positive’ in the sense that it is an entity in its own right and does not point beyond itself in the manner of a mere sign or proxy for something else. (shrink)

Starting from the problem of tolerance in a multicultural society, the author undermines the limits of a classical‐liberal foundation (negative tolerance) and suggests the need for a new meaning: a positive concern of tolerance implying appreciation of a variety of social cultures and value traditions. On an ethical level, positive tolerance can be grounded in the Discourse Theory, developing the classical Kantian deontological ethics in a transcendental‐pragmatic and in a transcendental‐hermeneutic sense. In this way, discourse ethics can answer two questions (...) posed by tolerance in a multicultural society: the duty to support all in the pursuit of their ideals and realize positive tolerance as well as its restrictions. (shrink)

Consider the opening sentence of Tolkien’s The Hobbit: In a hole in the ground there lived a hobbit. By writing this sentence, Tolkien is making a fictional statement. There are two influential views of the nature of such statements. On the pretense view, fictional discourse amounts to pretend assertions. Since the author is not really asserting, but merely pretending, a statement such as Tolkien’s is devoid of illocutionary force altogether. By contrast, on the alternative make-believe view, fictional discourse prescribes that (...) the reader make-believe the content of the statement. In this paper, we argue that neither of these views is satisfactory. They both fail to distinguish the linguistic act of creating the fiction, for instance Tolkien writing the sentence above, from the linguistic act of reciting it, such as reading The Hobbit out loud for your children. As an alternative to these views, we propose that the essential feature of the author’s speech act is its productive character, that it makes some state of affairs obtain in the fiction. Tolkien’s statement, we argue, has the illocutionary force of a declaration. (shrink)

Karl Pfeifer argues against the view that an aesthetic experience must be a uniquely special kind of experience by means of an analogy with sexual experiences. Nonetheless, he leaves open the possibility that some aesthetic experiences might still be of a special kind.

Karl Pfeifer distinguishes between humor used extraneously in the delivery of philosophical content and humor intrinsic to the content itself: “Enlivening the delivery isn’t the same as enlivening the content of the delivery.” Using examples from topics in philosophy of mind and moral philosophy he illustrates how humor can be used to make certain ideas more engaging and memorable for students. He also gives an example of what to avoid.

In this article I offer an opinionated overview of the central elements of Kant’s philosophical methodology during the critical period. I begin with a brief characterization of how Kant conceives of the aims of human inquiry – focusing on the idea that inquiry ideally aims at not just cognition (Erkenntnis), but also the more demanding cognitive achievements that Kant labels insight (Einsehen) and comprehension (Begreifen). Then I explore the implications of this picture for philosophy — emphasizing Kant’s distinction between critical (...) and doctrinal phases of philosophical inquiry, with the first of these playing both a negative and a positive role with respect to the second. Then, I will argue that this positive role is possible, according to Kant, only insofar as philosophy follows what I call a “capacities-first” methodology – that is, one that treats basic cognitive capacities (such as reason) and their self-conscious activities as fundamental (in both a cognitive sense and in an explanatory sense) for the sort of philosophy human beings are capable of. It is this methodology, I will argue, that allows Kant to introduce the first principles that philosophy in its doctrinal phase requires in a manner that is neither arbitrary nor (at least obviously) incompatible with Kant’s own critical restrictions on cognition. I conclude by discussing some of the implications of this methodological picture – including the methodological significance of self-consciousness and regressive or “transcendental” arguments, Kant’s distinction between analytic and synthetic methods in philosophy, and Kant’s conception of reason as autonomous. (shrink)

In recent years, several philosophers - including Joshua Gert, Douglas Portmore, and Elizabeth Harman - have argued that there is a sense in which morality itself does not treat moral reasons as consistently overriding.2 My aim in the present essay is to develop and extend this idea from a somewhat different perspective. In doing so, I offer an alternative way of formalizing the idea that morality is modest about the weight of moral reasons in this way, thereby making more explicit (...) the connections between this thesis and similar issues in the epistemic sphere. In addition, I discuss how these ideas can transform our thinking about familiar questions in ethics such as the nature of self-effacement, the significance of reflective endorsement, the weight that moral reasons ought to be given in all things consideration, and the plausibility of “indirect” moral theories. Finally, I show that these ideas are compatible even with pictures of morality – such as Kant’s – on which morality might seem to anything but modest about its own importance. In doing so, I stress that it is possible to see morality as modest about the weight of specifically moral reasons, while also seeing all practical reasons as grounded in morality more indirectly – namely, by seeing morality as determining the weight that both moral and non-moral considerations deserve to have in all things considered deliberation. (shrink)

In manuscripts of 1930-1 Johannes Daubert, principal member of the Munich board of realist phenomenologists, put forward a series of detailed criticisms of the idealism of Husserl’s Ideas I. The paper provides a sketch of these criticisms and of Daubert’s own alternative conceptions of consciousness and reality, as also of Daubert’s views on perception, similar, in many respects, to those of J. J. Gibson.

Much contemporary ontological inquiry takes place within the so-called ‘Quinean tradition’ but, given that some aspects of Quine’s project have been widely abandoned even by those who consider themselves Quineans, it is unclear what this amounts to. Fortunately recent work in metaontology has produced two relevant results here: a clearer characterisation of the metaontology uniting the aforementioned Quineans, most notably undertaken by Peter van Inwagen, and a raft of criticisms of that metaontology. In this paper I critique van Inwagen’s Quinean (...) metaontology, finding that certain challenges, supplemented by pressure to reflect more closely Quine’s work, should drive Quineans to adopt a stronger metaontology incorporating more of Quine’s radical views. I conclude that while van Inwagen’s Quineanism is problematic there are prospects for a viable, more wholeheartedly Quinean, metaontology. (shrink)

The Sleeping Beauty problem—first presented by A. Elga in a philosophical context—has captured much attention. The problem, we contend, is more aptly regarded as a paradox: apparently, there are cases where one ought to change one’s credence in an event’s taking place even though one gains no new information or evidence, or alternatively, one ought to have a credence other than 1/2 in the outcome of a future coin toss even though one knows that the coin is fair. In this (...) paper we argue for two claims. First, that Sleeping Beauty does gain potentially new relevant information upon waking up on Monday. Second, his credence shift is warranted provided it accords with a calculation that is a result of conditionalization on the relevant information: “this day is an experiment waking day” (a day within the experiment on which one is woken up). Since Sleeping Beauty knows what days d could refer to, he can calculate the probability that the referred to waking day is a Monday or a Tuesday providing an adequate resolution of the paradox. (shrink)

This is the commentary on Richard C. Richards, "Humor and Happiness”, read at the Lighthearted Philosophers' Society 5th Annual Conference, 14 October 2011, Treasure Island, Florida.

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

Alongside the direct parallels and contrasts between traditional narrative fiction and games, there lie certain partial analogies that provide their own insights. This article begins by examining a direct parallel between narrative fiction and games—the role of fictional reliefs and reality checks in shaping aesthetic engagement—before arguing that from this a partial analogy can be developed stemming from a feature that distinguishes most games from most traditional fictions: the presence of rules. The relation between rules and fiction in games has (...) heretofore been acknowledged but not examined in detail, giving an impression of a tension that is constant. However, the paired concepts of formal reliefs and representation checks, once introduced, allow us to explain how rules and fiction interact to alter the ways in which players engage with games in a dynamic but limited way. (shrink)

With respect to the topic of “powers and abilities,” most readers will associate David Hume with his multi-pronged critique of traditional attempts to make robust explanatory use of those notions in a philosophical or scientific context. But Hume’s own philosophy is also structured around the attribution to human beings of a variety of basic faculties or mental powers – such as the reason and the imagination, or the various powers involved in Hume’s account of im- pressions of reflection and the (...) passions. Indeed, there is a clear case to be made that, despite his deflationary account of our concept of power, Hume continues to treat certain basic powers or faculties as forming the explanatory bedrock for his new “science of man”. In this essay, I will discuss how this apparent conflict between the “critical” (if not outright skeptical) and “constructive” aspects of Hume’s discussion of powers and abilities is best resolved – with special attention to the question of how this illuminates Hume’s place in the development of early modern conceptions of the proper method for philosophy. (shrink)

Proceeding on the basis of reports of a proposal in 2011 to criminalize public flatulence in Malawi, the normative significance of flatulence is considered from the respective standpoints of aesthetics, etiquette, and ethics, and it is indicated how aesthetics and etiquette may themselves also have ethical significance. It is concluded that etiquette and ethics may both require that certain violations of etiquette and ethics should sometimes be ignored.

In this essay, I will outline a novel strategy for using constitutivist ideas from Kantian metaethics to critique social practices and institutions. In doing so, I do not mean to defend this model of critique as the only viable form of social and political critique, even within a Kantian framework – nor, indeed, as always the most appropriate. But I hope to show that it provides us with a form of critique that allows us to (i) develop a robust critique (...) of many social practices (ii) on both epistemic and practical grounds, while nonetheless (iii) beginning from a perspective that is, in some sense, internal – or better, immanent – to the practice in question. Thus, if we are looking for a form of social critique that is neither purely epistemic nor merely external – which, in other words, allows us to critique social practices on something like their own terms as practically irrational – this method should be attractive for philosophers with Kantian (or post-Kantian) sympathies. At the heart of this conception of critique lies in the idea that social practices may be thought of as attempts at (some form of) collective practical understanding. As I will explain more below, this way of thinking about the rationality of social practices may be seen as the product of applying a general (post-Kantian) model of rationality, which I have developed elsewhere, to the rationality of social collectives or practices. (shrink)

In this paper I argue for the relevance of the philosophy of Hans-Georg Gadamer for contemporary feminist scholarship on epistemic injustice and oppression. Specifically, I set out to argue for the Gadamerian notion of hermeneutical openness as an important hermeneutic virtue, and a potential remedy for existing epistemic injustices. In doing so I follow feminist philosophers such as Linda Martín Alcoff and Georgia Warnke that have adopted the insights of Gadamer for the purpose of social and feminist philosophy. Further, this (...) paper is positioned in relation to a recent book chapter by Cynthia Nielsen and David Utsler in which they argue for the complementarity, and intersecting themes and concerns of Gadamer's hermeneutics and Miranda Fricker's work on epistemic injustice. However, Nielsen and Utsler solely focus on Fricker's conception of epistemic injustice and the two forms of epistemic injustice, testimonial injustice and hermeneutical injustice, that she identifies. In this paper I expand their analysis by considering other forms of epistemic injustice such as wilful hermeneutical ignorance and contributory injustice. Thus, this paper contributes to the budding literature on the relevance of Gadamer's work for the debates pertaining to epistemic injustice and oppression by expanding such analysis to other forms of epistemic injustice, and by further arguing for the strength of Gadamer's work in terms of offering relevant insights for the reduction and remedy of existing epistemic injustices. (shrink)

In in this paper, I make use of an “doxastic planning model” of epistemic evaluation to argue for a form of epistemic internalism. In doing so, I begin by responding to a recent argument of Schoenfield’s against my previous attempt to develop such an argument. In doing so, I distinguish a variety of ways that argument might be understood, and discuss how both internalists and externalists might make use of the ideas within it. Then I argue that, despite these complexities, (...) the doxastic planning model continues to support a modest form of epistemic internalism. I conclude by showing that, far from conflicting with “anti-luminosity” arguments in epistemology, this form of internalism is best understood as a natural reaction to these arguments. (shrink)

The Darwin-Hecker hypothesis, viz. that laughter induced by tickling and humor share common underlying mechanisms, is so-called in part because of a quotation attributed to Ewald Hecker. However, a German counterpart of the quotation does not appear in the location cited. Some textual sleuthing is undertaken to find out what Hecker actually wrote and where he wrote it.

This book is a general defence of Donald Davidson's and G.E.M. Anscombe's 'unifying' approach to the individuation of actions and other events against objections raised by Alvin I. Goldman and others. It is argued that, ironically, Goldman's rival 'multiplying' account is itself vulnerable to these objections, whereas Davidson's account survives them. Although claims that the unifier-multiplier dispute is not really substantive are shown to be unfounded, some room for limited agreement over the ontological status of events is indicated. Davidson's causal (...) criterion of event identity is then defended against charges of triviality or inadequacy. It is concluded that Davidson's criterion is not primarily a criterion for arriving at particular judgments of individuation, but a metaphysical standard for the correctness of such judgments, however arrived at. Contents: Unifiers vs. Multipliers - Davidson's individuation of events - Goldman's act generation - causal, 'by'-relational, and temporal problems - ontology and event constituents - Davidson's causal criterion. This book is unique in providing a detailed survey and analysis of the recent unifier-multiplier dispute, and will be of interest to all researchers in action theory, as well as those working more broadly in metaphysics, philosophy of language, and philosophy of mind. (shrink)

Several counterexamples are adduced against the view that surprise is an essential ingredient of humor.

What is it for an attribute to be psychological? One clever and inventive, albeit somewhat Byzantine answer to this vexing philosophical question has lately been proposed by Roderick M. Chisholm. Chisholm’s approach is to take a small number of technical philosophical notions as given and then employ these in a series of definitions which together yield an account of the psychological. I examine Chisholm’s account and show that it doesn’t work.

Abstract. This paper illustrates how philosophy and science may converge and inform one another. I begin with a brief rehearsal of John Morreall’s “formulaic” theory of laughter, that laughter results from a pleasant psychological shift, and of my previously published criticisms and counterproposal that laughter results from titillation (where “titillation” is a semitechnical term). I defend my own position against charges that it is trivial, circular, or vacuous (charges that, if correct, would apply equally to Morreall’s position), showing that these (...) charges are misguided or premature. Then I indicate how my position is reflected in and might be given empirical content by a hypothesis that is already under preliminary experimental investigation in psychology, namely the Darwin-Hecker hypothesis, and also how my position is in harmony with recent work in psychology alleging the discovery of evolutionary antecedents of human laughter in rats. (shrink)