Anscombe is usually seen as a critic of “Modern Moral Philosophy.” I attempt a systematic reconstruction and a defense of Anscombe’s positive theory. Anscombe’s metaethics is a hybrid of social constructivism and Aristotelian naturalism. Her three main claims are the following: (1) We cannot trace all duties back to one moral principle; there is more than one source of normativity. (2) Whether I have a certain duty will often be determined by the social practices of my community. For instance, duties (...) imposed by other people’s rights are socially constructed. (3) Whether something constitutes a good, however, will often be determined by human nature—which is not socially constructed. (shrink)

Although moral relativists often appeal to cases of apparent moral disagreement between members of different communities to motivate their view, accounting for these exchanges as evincing genuine disagreements constitutes a challenge to the coherence of moral relativism. While many moral relativists acknowledge this problem, attempts to solve it so far have been wanting. In response, moral relativists either give up the claim that there can be moral disagreement between members of different communities or end up with a view on which (...) these disagreements have no “epistemic significance” because they are always faultless. This paper introduces an alternative strategy: accounting for disagreement in terms of “metalinguistic negotiation”. It argues that this strategy constitutes a better solution to the challenge disagreement poses for moral relativists because it leads to a nuanced understanding of the epistemic significance of moral disagreement between members of different communities. The upshot is a novel account of disagreement for moral relativists that has consequences for how moral relativism should be understood. (shrink)

In humans, at least some of our ability to coordinate our actions with the timing of events in our world is due to our capacities for temporal cognition. However, controversy arises when we turn our attention to the animal world. In this paper, we will argue that apes, especially Taï Chimpanzees, are capable of genuine temporal cognition. That is, they are able to mentally represent and reason about time in cognition. We do this by developing a novel analysis of the (...) mental representation of time. (shrink)

Laura Valentini’s novel theory, the Agency-Respect View, says that we have a fundamental moral duty to honor other people’s convictions, at least pro tanto and under certain conditions. I raise doubts that such a duty exists indeed and that informative conditions have been specified. The questions that Valentini faces here have a parallel in Kant’s moral philosophy, viz. the question of why one has a duty to value the other’s humanity and the question of how to specify the maxim of (...) one’s action. Additionally, I discuss the concept of a social convention and Valentini’s use of it. (shrink)

I argue that all rights exist by convention. According to my definition, a right exists by convention just in case its justification appeals to the rules of a socially shared pattern of acting. I show that our usual justifications for rights are circular, that a right fulfills my criterion if all possible justifications for it are circular, and that all existing philosophical justifications for rights are circular or fail. We find three non-circular alternatives in the literature, viz. justifications of rights (...) by consequences, by autonomy or by divine commands. I show that all three alternatives fail, and I conclude that all rights exist by convention. This ontological result has a surprising and beneficial consequence. A common argument against conventionalism is that it implies cultural relativism. I finish by showing that the suggested conventionalism is incompatible with cultural relativism. (shrink)

A powerful objection against moral conventionalism says that it gives the wrong reasons for individual rights and duties. The reason why I must not break my promise to you, for example, should lie in the damage to you—rather than to the practice of promising or to all other participants in that practice. Common targets of this objection include the theories of Hobbes, Gauthier, Hooker, Binmore, and Rawls. I argue that the conventionalism of these theories is superficial; genuinely conventionalist theories are (...) not vulnerable to the objection; and genuine moral conventionalism is independently plausible. (shrink)

There is a common demand that moral theory be 'practical', voiced both in- and outside of philosophy. Neo-Humeans, Kantian constitutivists and Aristotelian naturalists have all advocated the idea that my knowledge that I ought to do something must lead me to actually do it—an idea sometimes called the “practicality requirement” for moral theory. Some university administrators apply this idea in practice, when they force students who violate the code of conduct to complete classes in moral theory, hoping that the knowledge (...) obtained there would lead the student not to reoffend. I argue that the practicality requirement rests on a false understanding of the relation both between knowledge and motivation, focusing my critique on recent Aristotelian proposals. (shrink)

This paper draws some bold conclusions from modest premises. My topic is an old one, the Neohumean view of practical rationality. First, I show that this view consists of two independent claims, instrumentalism and subjectivism. Most critics run these together. Instrumentalism is entailed by many theories beyond Neohumeanism, viz. by any theory that says rational actions maximize something. Second, I give a new argument against instrumentalism, using simple counterexamples. This argument systematically undermines consequentialism and rational choice theory, I show, using (...) detailed examples of their many social science applications. There is no obvious fix. (shrink)

A recent wave of academic and popular publications say that utopia is within reach: Automation will progress to such an extent and include so many high-skill tasks that much human work will soon become superfluous. The gains from this highly automated economy, authors suggest, could be used to fund a universal basic income (UBI). Today's employees would live off the robots' products and spend their days on intrinsically valuable pursuits. I argue that this prediction is unlikely to come true. Historical (...) precedent speaks against it, but the main problem is that the prediction fundamentally misunderstands how capitalism works—its incentives to increase or decrease production, its principles of income allocation, and the underlying conception of merit. (shrink)

In recent literature many theorists, including Eklund (2011), endorse or express sympathy towards the view that the evaluative content of thick terms is not asserted with utterances of sentences containing them but rather part of their secondary content. In this article we discuss a number of features of thick terms which speak against this view. We further argue that these features are not shared by another, recently much-discussed, class of hybrid evaluative terms, so-called slurs, and that the evaluative contents of (...) these might thus very well be secondary. (shrink)

We attribute three major insights to Hegel: first, an understanding of the real numbers as the paradigmatic kind of number ; second, a recognition that a quantitative relation has three elements, which is embedded in his conception of measure; and third, a recognition of the phenomenon of divergence of measures such as in second-order or continuous phase transitions in which correlation length diverges. For ease of exposition, we will refer to these three insights as the R First Theory, Tripartite Relations, (...) and Divergence of Measures. Given the constraints of space, we emphasize the first and the third in this paper. (shrink)

The theories of Locke, Hume and Kant dominate contemporary philosophical discourse on property rights. This is particularly true of applied ethics, where they are used to settle issues from biotech patents to managerial obligations. Within these theories, however, the usual criticisms of private property aren’t even as much as intelligible. Locke, Hume and Kant, I argue, develop claims about property on a model economy that I call “Frontier Town.” They and contemporary authors then apply these claims to capitalist economies. There (...) are two problems with this application: First, we’ll be considering the wrong kind of property: The only property in Frontier Town are means of life. Critics, however, object to property in concentrated capital because they associate only this kind of property with economic coercion and political power. Second, the two economies differ in central features, so that very different claims about empirical consequences and hence about fairness and merit will be plausible for each. This second problem, I argue, is a consequence of the first. I conclude that Frontier Town theories are more likely to distort than to illuminate property issues in capitalist economies. (shrink)

We suggest a new neo-Aristotelian account of right action: An action A is right for an agent S in a situation C just in case it is possible for A in C to result from a good practical inference. A practical inference is good if people must have a disposition to make such practical inferences where a society is to flourish. One advantage of this account is that it applies to non-ideal agents. It thus blocks the right-but-not-virtuous objection to virtue (...) ethics. Our account furthermore suggests a new way of thinking about the concept of a fully virtuous agent. Ideal agents, we argue, necessarily have certain unmanifested dispositions, and failure is a real possibility for them. (shrink)

Following Elizabeth Anscombe, rights exist within practices. A right consists in a bundle of possible and impossible moves within the relevant social 'game', e.g. the practice of private property. What becomes of basic rights on such a social-constructivist conception? Metaphysically, basic rights do not differ from other rights. The right not to be murdered, however, enjoys a transcendental status within Anscombe's moral philosophy, and this construction might extend to other basic rights: Since practical reasoning is directed at the good life, (...) there can be no sound practical inference concluding in murder. Anscombe's argument for this presupposes a particular conception of human dignity, which is quite similar to the dominant conception in contemporary human rights literature. (shrink)

When two actors have the same mental state but one happens to harm another person (unlucky actor) and the other one does not (lucky actor), the latter elicits a milder moral judgement. To understand how this outcome effect would affect post-harm interactions between victims and perpetrators, we examined how the social role from which transgressions are perceived moderates the outcome effect, and how outcome effects on moral judgements transfer to agentic and communal interpersonal goals. Three vignette experiments (N = 950) (...) revealed similar outcome effects on moral judgement across social roles. In contrast, outcome effects on agentic and communal goals varied by social role: victims exhibited the strongest outcome effects and perpetrators the weakest, with bystanders falling in between. Moral judgement did not mediate the effects of outcome severity on interpersonal goals. We discuss the possibility that outcome severity raises normative expectations regarding post-harm interactions that are unrelated to moral considerations. (shrink)

We answer the title question with a qualified “No.” We arrive at this answer by spelling out what the proper place of the concept 'happiness' is in a neo-Aristotelian virtue ethics: (1) Happiness in the sense of personal well-being has only a loose relation to virtue; it doesn't deserve any prominent place in virtue ethics. (2) Happiness in the sense of flourishing is impossible without virtue, but that doesn't imply that individual actions should aim at flourishing. (3) Instead, flourishing sets (...) the standard of good practical reasoning; it is hardly ever the proper aim of a practical inference. This paper begins with a common (mis)interpretation of neo-Aristotelian virtue ethics, on which it is a form of rational egoism. We then develop our alternative understanding against this foil. (shrink)

Geach is best known for his contributions to theoretical philosophy: Most of his more than one hundred papers and a dozen books are on logic, philosophy of language and metaphysics. But he also made significant contributions to ethics. Particularly influential were a series of short metaethics papers, which are small masterpieces, both in terms of philosophical content and style. In usually less than ten pages, Geach delivers sharp analyses and powerful objections against influential schools. His arguments are always so clear (...) and his examples so simple that they leave the reader wondering why no one before Geach detected the problems he points out. (shrink)

Mac Cumhaill and Wiseman’s book about the formative years of four influential female philosophers is well-researched and timely, appearing shortly after Lipscomb’s (2022) on the same topic. They describe the lives of Elizabeth Anscombe, Philippa Foot, Mary Midgley and Iris Murdoch from 1938 to 1956, that is, from the last pre-war term at Oxford, where all four took a BA, to the term in which Anscombe defended her famous objection to "Mr. Truman’s Degree" at Oxford’s general assembly. Using a wide (...) range of sources, the authors paint a vivid picture of how the war shaped British universities and thereby the philosophical education of these four students. (shrink)

Many prominent conceptions of moral progress implicitly assume that progress must lead to convergence in the moral domain. However, given the actual plurality of ways of life and attendant moral outlooks, there is no reason to assume improvement must lead to uniformity. Moreover, as the entanglement of the Enlightenment discourse of progress with colonialism makes evident, the assumption that progress must lead to convergence can license problematic practical conclusions. Drawing on insights from postcolonialist critique, I argue in favor of functionalist (...) conceptions of moral progress. Functionalist conceptions of moral progress do not assume that progress must lead to convergence. By contrast, they make it possible to understand progress in a pluralistic way. Functionalist conceptions of moral progress thus offer one way to develop a conception of moral progress, which can offer practical guidance, while taking into account one important line of critique of the discourse of progress. (shrink)

In this study I analyse the performance of a democratic decision-making rule: the weighted majority rule. It assigns to each voter a number of votes that is proportional to her stakes in the decision. It has been shown that, for collective decisions with two options, the weighted majority rule in combination with self-interested voters maximises the common good when the latter is understood in terms of either the sum-total or prioritarian sum of the voters’ well-being. The main result of my (...) study is that this argument for the weighted majority rule — that it maximises the common good — can be improved along the following three main lines. (1) The argument can be adapted to other criteria of the common good, such as sufficientarian, maximin, leximin or non-welfarist criteria. I propose a generic argument for the collective optimality of the weighted majority rule that works for all of these criteria. (2) The assumption of self-interested voters can be relaxed. First, common-interest voters can be accommodated. Second, even if voters are less than fully competent in judging their self-interest or the common interest, the weighted majority rule is weakly collectively optimal, that is, it almost certainly maximises the common good given large numbers of voters. Third, even for smaller groups of voters, the weighted majority rule still has some attractive features. (3) The scope of the argument can be extended to decisions with more than two options. I state the conditions under which the weighted majority rule maximises the common good even in multi-option contexts. I also analyse the possibility and the detrimental effects of strategic voting. Furthermore, I argue that self-interested voters have reason to accept the weighted majority rule. (shrink)

I suggest a new role for authority and interest in the theory of right: Rights can be explicated as sets of prohibitions, permissions and commands, and they must be justified by interests. I argue as follows: (1) The two dominant theories of right—“Will Theory” and “Interest Theory”—have certain standard problems. (2) These problems are systematic: Will Theory’s criterion of the ability to enforce a duty is either false or empty outside of its original legal context, whereas Interest Theory includes in (...) the definition of a right what actually belongs to the justification of the practice within which that right is assigned. (3) I recast the connection between authority, interests and rights in a way that avoids each theory’s standard problem. (4) The resulting theory also has three further advantages: It analyzes rights in terms of very basic and familiar concepts; it mirrors the understanding of rights in actual public discourse, and it is compatible with a wide selection of moral theories. Since its core is about a specific use of modal auxiliary verbs, I call this new theory the “Modal Theory of Right.”. (shrink)

Infusing contemporary critical terrorism studies (CTS) with concepts and methodologies from philosophy and critical theory via a Baradian posthumanist agential realist perspective and (counter)terrorist cases and vignettes, this chapter argues for a retheorisation of (counter)terrorism. It does so, firstly, by reconceptualising terrorism and counterterrorism as complex assemblages consisting not only of discursive-material components – an entanglement now largely accepted within CTS and critical security studies (CSS) – but also of affective layers and more-than-human phenomena. Secondly, by analysing European urban (counter)terrorist (...) cases from the UK, Germany, France, and Spain, together with these cases’ surprising spacetime-jumping interlinkages underwriting what we here conceptualise as queer(ing) spacetimematterings, this chapter zooms in on the intra-actions taking place between human and more-than-human agential phenomena and their risk-managed urban environments. Lastly, extra analytical attention is paid to how, in this neoliberal day and age – here rephrased as control society-driven ‘situationscaping times’ – very specific macro- and micropolitical violence-preventing measures and efforts are employed in the fight against various manifestations of urban terror and terrorism. (shrink)

It is fair to say that Georg Wilhelm Friedrich Hegel's philosophy of mathematics and his interpretation of the calculus in particular have not been popular topics of conversation since the early part of the twentieth century. Changes in mathematics in the late nineteenth century, the new set-theoretical approach to understanding its foundations, and the rise of a sympathetic philosophical logic have all conspired to give prior philosophies of mathematics (including Hegel's) the untimely appearance of naïveté. The common view was expressed (...) by Bertrand Russell: -/- The great [mathematicians] of the seventeenth and eighteenth centuries were so much impressed by the results of their new methods that they did not trouble to examine their foundations. Although their arguments were fallacious, a special Providence saw to it that their conclusions were more or less true. Hegel fastened upon the obscurities in the foundations of mathematics, turned them into dialectical contradictions, and resolved them by nonsensical syntheses. . . .The resulting puzzles [of mathematics] were all cleared up during the nineteenth century, not by heroic philosophical doctrines such as that of Kant or that of Hegel, but by patient attention to detail (1956, 368–69). (shrink)

It is often assumed that neo-Aristotelian virtue ethics postulates an obligation to be a good human being and that it derives further obligations from this idea. The paper argues that this assumption is false, at least for Philippa Foot’s view. Our argument blocks a widespread objection to Foot’s view, and it shows how virtue ethics in general can neutralize such worries.

Die Wittgenstein-Schülerin Elizabeth Anscombe zählt zu den einflussreichsten Philosophinnen des 20. Jahrhunderts. Mit der Monographie Absicht begründete sie die analytische Handlungstheorie, viele ihrer Abhandlungen gelten als Klassiker, aber nur wenige liegen bislang in deutscher Übersetzung vor. Der vorliegende Band füllt diese Lücke: Er versammelt zwölf von Anscombes wichtigsten Aufsätzen, die thematisch von der praktischen Philosophie über die Metaphysik und die Philosophie des Geistes bis hin zu Aristoteles- und Wittgenstein-Interpretationen reichen, also das ganze Spektrum ihres Denkens repräsentieren. Die Anmerkungen und Erläuterungen (...) der Herausgeber sowie das Nachwort von Anselm W. Müller erschließen die Texte und bieten zusätzliche Einblicke in das facettenreiche Werk dieser solitären Denkerin. (shrink)

James Doyle’s book is provocative and timely. It is an important contribution to the current wave of Anscombe scholarship, and it offers valuable insights into general metaethical ques­tions, such as: In what senses might morality be “unintelligible”? Or: To what extent does a divine law ethics rest on practical reason? Here, I do not want to summarize the many ad­mirable features of Doyle’s book. I will instead focus on his two main theses, of which I re­main unconvinced.

Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...) and the legislative apparatus. Law is also a key institution for overcoming contracting uncertainties. It is furthermore a part of the power structure of society, and a major means by which power is exercised. This argument is illustrated by considering institutions such as property and the firm. Complex systems of law have played a crucial role in capitalist development and are also vital for developing economies. (shrink)

Feelings of belonging are integral in people’s choice of what career to pursue. Women and men are disproportionately represented across careers, starting with academic training. The present research focuses on two fields that are similar in their history and subject matter but feature inverse gender gaps—psychology (more women than men) and philosophy (more men than women)—to investigate how theorized explanations for academic gender gaps contribute to feelings of belonging. Specifically, we simultaneously model the relative contribution of theoretically relevant individual differences (...) (empathizing, systematizing, and intellectual combativeness) as well as life goals (prioritization of family, money, and status) to feelings of belonging and majoring in psychology or philosophy. We find that men report higher intellectual combativeness than women, and intellectual combativeness predicts feelings of belonging and majoring in philosophy over psychology. Although systematizing and empathizing are predictive of belonging and, in turn, majoring in psychology and philosophy, respectively, when other factors are taken into account, women and men do not differ in empathizing and systematizing. Women, more than men, report prioritizing having a family, wealth, and status in choosing a career, and these directly or indirectly feed into feelings of belonging and majoring in psychology, in contrast to prior theory. Together, these findings suggest that students’ perceptions of their own combativeness and the extent to which they desire money and status play essential roles in women’s feeling they belong in psychology and men’s feeling they belong in philosophy. (shrink)

Understanding academic gender gaps is difficult because gender-imbalanced fields differ across many features, limiting researchers’ ability to systematically study candidate causes. In the present preregistered research, we isolate two potential explanations—brilliance beliefs and fixed versus growth intelligence mindsets—by comparing two fields that have inverse gender gaps and historic and topical overlap: philosophy and psychology. Many more men than women study philosophy and vice versa in psychology, with disparities emerging during undergraduate studies. No prior work has examined the contributions of both (...) self-perceptions of brilliance and fixed versus growth mindsets on choice of major among undergraduate students. We assessed field-specific brilliance beliefs, brilliance beliefs about self, and mindsets, cross-sectionally in 467 undergraduates enrolled in philosophy and psychology classes at universities in the United States and Canada via both in-person and online questionnaires. We found support for the brilliance beliefs about the self, but not mindset, explanation. Brilliance beliefs about oneself predicted women’s but not men’s choice of major. Women who believed they were less brilliant were more likely to study psychology (perceived to require low brilliance) over philosophy (perceived to require high brilliance). Findings further indicated that fixed versus growth mindsets did not differ by gender and were not associated with major. Together, these results suggest that internalized essentialist beliefs about the gendered nature of brilliance are uniquely important to understanding why men and women pursue training in different academic fields. (shrink)

Arthura Kaufmanna filozofia prawa wyrasta przede wszystkim z neokantyzmu aksjologicznego reprezentowanego przez „późnego” Gustava Radbrucha, którego uważał on za najważniejszego ze swych nauczycieli, oraz z hermeneutyki filozoficznej Hansa-Georga Gadamera. W późniejszym okresie znaczący wpływ na Kaufmanna wywarł Charles S. Peirce, którego pracami posiłkował się opracowując problematykę analogii (wiążąc ją z opracowanym przez Pierca zagadnieniem abdukcji) oraz ontologii relacji. Niektóre wątki poglądów Kaufmanna nawiązują do egzystencjalizmu Karla Jaspersa oraz antropologii Karla Löwitha. Obecne są także inspiracje tomistyczne i arystotelesowskie. Jest to filozofia (...) prawa o charakterze maksymalistycznym. Kaufmann wpisuje się w sięgającą starożytności tradycję uprawiania filozofii, w której stawia się pytania o całość; filozofia pyta o to, co to jest "byt w ogóle", byt "w całości"; filozofia prawa stawia pytania o to, co to jest prawo "w całości", prawo "w ogóle" . Podejmuje wprost fundamentalne zagadnienia należące do zasadniczych dziedzin filozoficznych – epistemologiczne, ontologiczne, etyczne, nie stroniąc także od zagadnień z zakresu logiki. Uprawiana przez niego filozofia ma charakter systemowy, co sprawia, że jej zrozumienie zakłada ujęcie całości propozycji. Sam Kaufmann uważa, że systemy filozofii prawa należą już do historii, jednak ta uwaga jest o tyle jedynie trafna w odniesieniu do niego samego, że jego filozofia prawa – w zgodzie z jego deklaracjami – nie zmierza do „gotowych rozwiązań” konkretnych kwestii prawnych, ale zmierza do ukształtowania pewnego sposobu refleksji nad prawem. Jego koncepcja jest ważnym głosem w sporze klasycznego pozytywizmu z koncepcjami niepozytywistycznymi. Za prawo w pełnym tego słowa znaczeniu uznaje konkretne rozstrzygnięcie, co niewątpliwie łączy jego podejście z amerykańskim realizmem prawnym. Rekonstruowana przez Kaufmanna struktura procesu „urzeczywistniania” prawa, dokonywana w kontekście i na użytek kultury prawnej typu kodeksowego, kontynentalnego, uwyraźnia obecność elementów typowych dla kultury prawa precedensowego –wnioskowanie od przypadku do przypadku. Jednocześnie za istotny problem każdego porządku normatywnego uznaje uogólnienie. Jest to znamienny teoretyczny wyraz narastającej świadomości współwystępowania obok siebie zasadniczych elementów każdego z tych typów kultur prawnych. Kaufmann trafnie dostrzega, że w konkretnym rozstrzygnięciu są obecne elementy normatywne wykraczające poza to, co jest zawarte w aktach normatywnych. Podobnie jak Ronald Dworkin, Kaufmann wskazuje, że dokonujący rozstrzygnięcia, czy tego chce, czy nie, „stosuje” szereg elementów normatywnych spoza aktów normatywnych. Analizy prowadzą do wniosku, że propozycja Kaufmanna zawodzi, gdy przechodzi on do ontologicznych uogólnień, przede wszystkim przez brak uwzględnienia w swych podstawach takich punktów odniesienia, które są zewnętrzne wobec badanego procesu „urzeczywistniania” prawa. To, czym jest osoba, determinowane jest systemem prawnym i kulturą, w której prawo funkcjonuje. Przy takim ujęciu Kaufmann nie osiąga jednego z ważnych celów, do którego zmierzał, nie wskazuje kryteriów pozwalających stwierdzić, czy stopniowa – dokonywana zgodnie z odkrytymi przez hermeneutykę filozoficzną wymaganiami poprawnego rozumienia – zmiana normatywnego sensu systemu prawnego zmierza ku „ustawowemu bezprawiu”, czy też nie. (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)

Tekst dotyczy zaproponowanej przez Arthura Kaufmanna koncepcji prawa do sprzeciwu (wobec władzy - wobec niesprawiedliwych ustaw) "w drobnej monecie". Koncepcja ta stanowi punkt wyjścia do refleksji nad formułą Radbrucha (nad czymś, co określam mianem "ciemnej strony" formuły Radbrucha), nad możliwością modyfikacji tej formuły i nad rozproszoną kontrolą konstytucyjności jako sposobem realizacji prawa do sprzeciwu "w drobnej monecie".

A review of Katharina Pistor's *The Code of Capital: How the Law Creates Wealth and Inequality* (2019, Princeton University Press).

The aim of this essay is to review Friedrich Nietzsche's "The Gay Science" in English Translation. It compares and contrasts the translations by Thomas Common, Walter Kaufmann, Josefine Nauckhoff, and R. Kevin Hill. First, I argue in favor of translating the work's title "Die Fröhliche Wissenschaft" as "The Gay Science" or perhaps more precisely as "The Gay Knowledge". Nietzsche who is likely the greatest stylist in the German language wrote with philological precision and succinctness. This exactitude and awareness of (...) the shaping influence of linguistic means on the contents expressed therefore needs to be reflected throughout in any kind of rendition of Nietzsche's artful texts and the evaluation and assessment thereof. (shrink)

Erarbeitet von Dominik Balg, Anne Burkard, Henning Franzen, Aenna Frottier, David Lanius, David Löwenstein, Hanna Lucks, Kirsten Meyer, Donata Romizi, Katharina Schulz, Stefanie Thiele und Annett Wienmeister. -/- Die Entwicklung argumentativer Fähigkeiten ist ein zentrales Ziel des Ethik- und Philosophieunterrichts, ja überhaupt ein zentrales Bildungsziel. Wie aber kann das gelingen? In vielen verfügbaren Unterrichtsmaterialien werden argumentative Fähigkeiten eher vorausgesetzt als systematisch gefördert. Auch curriculare Vorgaben bleiben zumeist sehr unspezifisch. Lehrpersonen werden so weitgehend allein gelassen mit der Aufgabe, Lernende beim (...) Erwerb argumentativer Fähigkeiten zu fördern. Die vorliegende Aufgabensammlung soll dazu beitragen, diese Lücke zu schließen. Sie bietet Lehrpersonen reichhaltige Materialien für die spiralcurricular angelegte, systematische Förderung argumentativer Fähigkeit anhand exemplarischer Inhalte. Orientiert an klaren fachlichen Standards finden sich hier Aufgaben auf vier Niveaustufen, jeweils in Verbindung mit übersichtlichen Merkblättern. Die Aufgaben der beiden unteren Niveaustufen lassen sich bereits für jüngere Lernende der Sekundarstufe einsetzen, Aufgaben der obersten Niveaustufe richten sich an Lernende von Abschlussklassen oder der Studieneingangsphase. Für die Hand der Lehrpersonen werden die Aufgaben und Merkblätter durch fachliche und didaktische Kommentare sowie Lösungshinweise ergänzt. (shrink)

I argue that imperatives express contents that are both cognitively and semantically related to, but nevertheless distinct from, modal propositions. Imperatives, on this analysis, semantically encode features of planning that are modally specified. Uttering an imperative amounts to tokening this feature in discourse, and thereby proffering it for adoption by the audience. This analysis deals smoothly with the problems afflicting Portner's Dynamic Pragmatic account and Kaufmann's Modal account. It also suggests an appealing reorientation of clause-type theorizing, in which the (...) cognitive act of updating on a typed sentence plays a central role in theorizing about both its semantics and role in discourse. (shrink)

This paper gives an outline of truthmaker semantics for natural language against the background of standard possible-worlds semantics. It develops a truthmaker semantics for attitude reports and deontic modals based on an ontology of attitudinal and modal objects and on a semantic function of clauses as predicates of such objects. It also présents new motivations for 'object-based truthmaker semantics' from intensional transitive verbs such as ‘need’, ‘look for’, ‘own’, and ‘buy’ and gives an outline of their semantics. This paper is (...) a commissioned 'target' article, with commentaries by W. Davis, B. Arsenijevic, K. Moulton, K. Liefke, M. Kaufmann, R. Matthews, P. Portner and A. Rubinstein, P. Elliott, G. Ramchand and my reply. (shrink)

Over the last fifteen years, linguists and philosophers of language have reexamined the canonical, Kratzerian semantics for modal expressions, with special attention paid to their epistemic and deontic uses. This article is an overview of the literature on deontic modal expressions. Section 1 provides an overview of the canonical semantics, noting some of its main advantages. Section 2 introduces a set of desiderata that have achieved the status of fixed points in the debates about whether the canonical semantics is correct. (...) These include the observations that deontic modal sentences have both deliberative and evaluative readings and both information-sensitive and -insensitive readings. Adequate resolutions of certain puzzles in deontic logic and resolving the Frege-Geach problem for Expressivism have also achieved this status. The third section provides an opinionated overview of some of the main extant rivals to the canonical semantics, including Cariani, Kaufmann, and Kaufmann’s (2013) complex contextualism , Yalcin’s (2012) Expressivism, Willer’s (2014) dynamic semantics, and Starr’s (2016) dynamic Expressivism. Section 4 provides an assessment of each of the views discussed in terms of the desiderata introduced in section 2. Section 5 is an overview of remaining issues that require more attention in the literature. (shrink)

Starting from a recent paper by S. Kaufmann, we introduce a notion of conjunction of two conditional events and then we analyze it in the setting of coherence. We give a representation of the conjoined conditional and we show that this new object is a conditional random quantity, whose set of possible values normally contains the probabilities assessed for the two conditional events. We examine some cases of logical dependencies, where the conjunction is a conditional event; moreover, we give (...) the lower and upper bounds on the conjunction. We also examine an apparent paradox concerning stochastic independence which can actually be explained in terms of uncorrelation. We briefly introduce the notions of disjunction and iterated conditioning and we show that the usual probabilistic properties still hold. (shrink)

Alvin Plantinga and Phillip E. Johnson strongly attack "metaphysical naturalism", a doctrine based, in part, on Darwinian concepts. They claim that this doctrine dominates American academic, educational, and legal thought, and that it is both erroneous and pernicious. Stuart Kauffman claims that currently accepted versions of Darwinian evolutionary theory are radically incomplete, that they should be supplemented by explicit recognition of the importance of coherent structures — the prevalence of "order for free". Both of these developments are here interpreted in (...) relation to some contemporary theistic notions of "creation", including those of Lewis Ford, Robert Neville, and Robert Sokolowski. Kaufmann’s approach is consistent with the approach of process theism, and is not invalidated by the attacks of Plantinga and Johnson. (shrink)

Metrisch gebundene Texte sind aus dem altsprachlichen Unterricht nicht wegzudenken: Vergil, Ovid, Horaz, Catull und Martial sind nur einige typische Autoren für die Dichtungslektüre im Lateinunterricht; Homer, Sophokles und Euripides sind typische Beispiele für den Griechischunterricht. Die Curricula schlagen eine Vielzahl poetischer Texte als mögliche Lektüren vor. Allein diese unvollständige Autorenauswahl zeigt schon, dass man allein mit der Behandlung von daktylischem Hexameter und elegischem Distichon nicht besonders weit kommt, will man nicht die Textauswahl nach solchen rein formalen Kriterien unnötig und (...) unzulässig einschränken oder bei allen anderen Metra so tun, als läse man Prosa. Denn ein solches Vorgehen ermöglicht zwar eine Übersetzung, ein wirkliches Verständnis der Texte bleibt den Schülern aber verwehrt, da ihnen die Wirkung des Metrums, der Einschnitte, der Betonung bestimmter Positionen im Vers und nicht zuletzt ästhetische Aspekte verborgen bleiben oder allenfalls indirekt durch den metrischen Vortrag des Lehrers oder eine stilistische Analyse erschlossen werden. -/- Der vorliegende Band widmet sich daher grundlegenden Fragen zum Thema lateinischer und griechischer Prosodie und Metrik im Unterricht unter Einbeziehung der Lehrpläne und einer Befragung von Lehrkräften. Daneben finden sich Praxisbeispiele zu Catull, Ovid, Terenz und Homer, Überlegungen zur Beziehung von Musik und Metrik sowie eine Anregung zum Dichten in lateinischer Sprache. -/- Mit Beiträgen von: Gregor Bitto, John Bulwer, Fabiola Dengler, Boris Dunsch, Magnus Frisch, Hans-Joachim Glücklich, Christoph Kugelmeier, Immanuel Musäus, Jens Pickenhan, Anna Elissa Radke, Wolfgang Schoedel, Katharina Waack-Erdmann und Heike Wolf. (shrink)

Transl. of HEGEL. Contains a short introduction to the German philosopher (1770-1831) - his life and the main volumes of his work (die Philosophie der Geschichte, die Philosophie des Rechts, die Phänomenogie des Geistes and die Wissenschaft der Logik). Based also upon Hegel scholars like Walter Kaufmann and Charles Taylor. Philosopher Peter Singer published this concise overview during his professorship in Melbourne, Australia (Oxford University Press, 1983). Transl. into Dutch (Lemniscaat, 2000) by Willemien de Leeuw. 136 pp. -/- .

These comments are my contribution to the author-meets-critics session on Katharina Kraus' recently published Kant on Self-Knowledge and Self-Formation, at the APA Pacific meeting. In my comments, I challenge Kraus' characterization of my fictionalism concerning the idea of the soul, and contend for the importance of transcendental illusion in that idea's function of guiding the empirical investigation of inner appearances.

Nietzscheforschung, De Gruyter, 2023. Rezension zu: Häfner Ralph, Kaufmann Sebastian, Sommer Andreas Urs Nietzsches Literaturen. De Gruyter, Berlin u. Boston 2019.