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)

Introduction: There is currently no binding, internationally accepted and successful approach to ensure global equitable access to healthcare during a pandemic. The aim of this ethical analysis is to bring into the discussion a legally regulated vaccine allocation as a possible strategy for equitable global access to vaccines. We focus our analysis on COVAX (COVID-19 Vaccines Global Access) and an existing EU regulation that, after adjustment, could promote global vaccine allocation. -/- Methods: The main documents discussing the two strategies are (...) examined with a qualitative content analysis. The ethical values reasonableness, openness and transparency, inclusiveness, responsiveness and accountability serve as categories for our ethical analysis. -/- Results: We observed that the decision-making processes in a legal solution to expand access to vaccines would be more transparent than in COVAX initiative, would be more inclusive, especially of nation states, and the values responsiveness and accountability could be easily incorporated in the development of a new regulation. -/- Discussion: A legal strategy that offers incentives to the pharmaceutical industry in return for global distribution of vaccines according to the Fair Priority Model is an innovative way to achieve global and equitable access to vaccines. However, in the long term, achieving the Sustainable Development Goals will require from all nations to work in solidarity to find durable solutions for global vaccine research and development. Interim solutions, such as our proposed legal strategy for equitable access to vaccines, and efforts to find long-term solutions must be advanced in parallel. (shrink)

This essay focuses on the woman's page in the *Grain Growers' Guide,* edited between 1912 and 1917 by Francis Marion Beynon. I approach this material with questions that have become prominent in rhetorical studies of women's writing. How were women called forth to speak, and what were their motivations to participate in public debate? How did woman's page editors shape the conditions under which they themselves and other women could articulate their concerns? I show that suffragist editor Francis Marion Beynon (...) created situations in which she and other women could speak publicly and politically about issues such as women's suffrage. (shrink)

The paper focuses on the particular structure of the content of so-called generic memories, specifically of those of recurring events from one's past. This way of remembering has two central features that are in tension to each other: what is mentally represented is both rather specific as one is typically simulating a scene and sufficiently abstract as the represented scene stands for a series of similar former events. It will be argued that the phenomenon can be adequately described as a (...) mental state representing personal event prototypes. This description further allows to account for the dynamic process of remembering, in which, depending on the context, different forms of personal remembering may come to the fore. (shrink)

Although religious belief is often claimed to help with physical ailments including pain, it is unclear what psychological and neural mechanisms underlie the influence of religious belief on pain. By analogy to other top-down processes of pain modulation we hypothesized that religious belief helps believers reinterpret the emotional significance of pain, leading to emotional detachment from it. Recent findings on emotion regulation support a role for the right ventrolateral prefrontal cortex, a region also important for driving top-down pain inhibitory circuits. (...) Using functional magnetic resonance imaging in practicing Catholics and avowed atheists and agnostics during painful stimulation, here we show the existence of a context-dependent form of analgesia that was triggered by the presentation of an image with a religious content but not by the presentation of a non-religious image. As confirmed by behavioral data, contemplation of the religious image eneabled the religious group to detach themselves from the experience of pain. Critically, this context-dependent modulation of pain specifically engaged the right VLPFC, whereas group-specific preferential liking of one of the pictures was associated with activation in the ventral midbrain. We suggest that religious belief might provide a framework that allows individuals to engage known pain-regulatory brain processes. (shrink)

Occlusion is most commonly presented as an aspect of certain genres: occluded genres. Here, occlusion is proposed as a property of the processes by which genres are taken up. While routine use of genres creates expectations around when the genre’s uptake is commonly occluded, such expected practice can be subverted by deliberate disclosure. Occlusion and disclosure in the process of genre uptake thus become argumentative and powerful moves in communicative interaction. In three case studies, I analyze processes of occlusion in (...) relationship to the genre of the letter to the university president. (shrink)

From 1909 onward, the Canadian suffrage debate was heavily influenced by reports on suffrage militancy from Great Britain and the United States. Militancy played an influential role in Canadian suffrage history not through its practice–there was no Canadian militant campaign–but through an ongoing discussion of its meaning. Using Anne Freadman's notions of genre and uptake, this paper analyzes the discursive uptake of suffrage militancy—from news reports on front pages, to commentary on women's pages, to reviews of Emmeline Pankhurst's Canadian speaking (...) engagements. The Canadian debate about militancy is a fertile site for drawing out the roles of genre and uptake in the political positioning of both suffragists and suffrage sceptics. Talk about militancy serves as a way to regulate the uptake of this particular genre of political action, whereby both sides tended to share the optimistic view that Canadian suffragists where not yet in need of militancy. (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)

This paper aims to analyze the ethical challenges in experimental drug use during the early stage of the COVID-19 pandemic, using Germany as a case study. In Germany uniform ethical guidelines were available early on nationwide, which was considered as desirable by other states to reduce uncertainties and convey a message of unity. The purpose of this ethical analysis is to assist the preparation of future guidelines on the use of medicines during public health emergencies. The use of hydroxychloroquine, remdesivir (...) and COVID-19 convalescent plasma in clinical settings was analyzed from the perspective of the ethical principles of beneficence, non-maleficence, justice and autonomy. We observed that drug safety and drug distribution during the pandemic affects all four ethical principles. We therefore recommend to establish ethical guidelines (i) to discuss experimental treatment options with patients from all population groups who are in urgent need, (ii) to facilitate the recording of patient reactions to drugs in off-label use, (iii) to expand inclusion criteria for clinical studies to avoid missing potentially negative effects on excluded groups, and (iv) to maintain sufficient access to repurposed drugs for patients with prior conditions. (shrink)

We advocate for the inclusion of Indigenous studies within first-year writing and academic English courses, particularly those taught to multilingual, international students. We argue that asking international students to learn about local and international Indigenous issues productively intersects with coursework in academic English. Our pedagogical approach emphasizes metalanguage and allows Indigenous studies and explicit language instruction to work in tandem, thereby recognizing the agency of Indigenous scholars and guiding non-Indigenous students in relation to it.

In this paper I will show that you can distinguish two main types of argumentation in respect to feeling and emotions in the philosophy of religion of William James, which point to two different kind of criticism of religion. Especially in his early works, James argues that you may lawfully adopt religious beliefs on the basis of passional grounds. This argumentation points to a type of criticism of religion, which denies that beliefs based on such emotional grounds may be justified. (...) In his famous study The Varieties of Religious Experience, James defines religious experience as an experience of inner conversion, where the individual gets in touch with a higher self. The philosophical interpretation of religious experience points not at least to a type of criticism of religion in the tradition of Ludwig Feuerbach, which is known as the theory of projection. (shrink)

This article uses rhetorical genre theory to discuss methods for writing studies research in light of increasing participation of Indigenous scholars and students in disciplines throughout the academy. Like genres, research methods are embedded in systems of interaction that create subject positions and social relations. Using rhetorical genre theory to understand methods as the cultural tools of research communities, we argue that methods can be enacted as flexible resources in the interest of advancing ethical knowledge. In the context of Indigenous (...) epistemological activism, researchers can then take a contingent stance toward method, a stance we name “principled uncertainty.”. (shrink)

Trans rights advocacy is a social justice movement that is transforming language practices relating to gender. Research has highlighted the fact that language which constructs gender as binary harms trans people, and some trans studies researchers have developed guidelines for honouring trans people’s names and pronouns. The language of academic writing is an area of discussion where questions of trans rights and trans experiences have not yet been addressed. This paper draws on two data sources to explore the citation experiences (...) and practices of trans scholars and activists: a web-based archive of writers’ perspectives built between 2015 and 2016; and a corpus-based study of 14 research articles published in TSQ: Transgender Studies Quarterly. Our analysis highlights the sensitivity that is required of colleagues who work with transgender authors’ writing, furthering our understanding of citation as a collaborative and potentially intimate and caring practice. Practices of referring to work by trans scholars pose ethical questions about the social relations expressed in citation in general, enabling applied language scholars to develop a new and different awareness of the sociality of citation. (shrink)

This article offers a way of using the theory of audience design—how speakers position different audience groups as main addressees, overhearers, or bystanders—for written discourse. It focuses on main addressees, that is, those audience members who are expected to participate in and respond to a speaker's utterances. The text samples are articles, letters, and editorials on women's suffrage that were published between 1909 and 1912 in Canadian periodicals. In particular, the author analyzes noun phrases with which suffrage-skeptical women are addressed, (...) relying on the theory of constitutive rhetoric to highlight the interpellative force with which the audience design of this public political debate operates. (shrink)

In the process of mentoring instructors of writing into the field of writing studies, there is a tension between practical surface of writing instruction and underlying theoretical depth. This paper calls for more systematic thinking about that tension between surface and depth. It emphasizes the important roles that metalanguage plays in mediating that tension and points out the indignities of contract employment that in many ways prevent writing instruction in Canada from becoming the deep and thoroughly researched practice it could (...) be. (shrink)

We assess the state of thinking about gender identities in computer vision through an analysis of how research papers in gender and facial recognition are designed, what claims they make about trans and non-binary people, what values they espouse, and what they describe as ongoing challenges for the field. In our corpus of 50 research papers, the seven papers that consider trans and non-binary identities use questionable assumptions about medicalization as a measure of transness, about gender transition as a linear (...) and bounded process, and about the concept of gender deception. Otherwise, non-normative gender identities are absent and their consideration is in fact hindered by prevailing research values, particularly deeply embedded ones such as performance and accuracy. We point out how the use of shared datasets calcifies binary conceptions of gender. In the way that the field of computer vision conceives of ongoing challenges for its research, it does not yet face questions that trans and non-binary user experiences pose and often falls back on biologically essentialist notions of sex classification. We make two recommendations: that computer vision researchers undertake interdisciplinary work with researchers who study gender as a socio-cultural phenomenon, and that journal editors and conference organizers do the same in peer review and conference acceptance processes. (shrink)

This article reviews recent government incursions on questions of free speech at universities and colleges in Ontario and Alberta and presents the challenge they pose to university autonomy. Inherent in university autonomy is the possibility—or the obligation—that universities make decisions based on ethical responsibilities that can extend beyond the limits of current law. As a case study of university autonomy in matters of expressive freedom, I highlight events at the University of British Columbia, which leads me to a discussion of (...) how questions of ethical responsibility have been raised particularly in relation to the speech protection of transgender members of the university. A central issue is the need for universities to adjudicate when free speech rights meet related responsibilities with which they can conflict. I detail how, for instance, the invitation of some anti-trans speakers can pose such a conflict and should lead university communities to consider adjusting their responses in extreme cases so as to be able to more autonomously regulate hateful speech beyond applicable law. (shrink)

Standardized academic English is now understood to be rooted in histories and practices that are colonial, classist, nationalist, heteronormative, ableist, and sexist. Current teaching of academic English carries an ethos of making practices of research writing accessible to students from marginalized backgrounds through explicit attention to language patterns and genre structures. In the context of both ideological critique and explicit pedagogy, I discuss three pragmatic elements of research writing—positionality, citation, and evaluation—with examples from one of my courses. I present these (...) elements and my approach to teaching them as a practice that is attentive to both details of published scholarship and students’ agency and intentionality in shaping their own writing projects, claims, and arguments. My work is framed by a functional approach to grammar where grammar is not interesting as a standardized apparatus but as a code that provides a range of options for producing performative effects. I call this spacious grammar. (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)

In Slovenia, the collaborative economy is in the early stages of development. The collaborative economy became a popular topic in 2015 when the government intensified its efforts to initiate a debate on legal reforms that would better accommodate foreign collaborative economy companies in Slovenia. While in 2016, the government was actively working on the topic and eager to start the discussions on legal reform in line with the European agenda for the collaborative economy since 2018, the issue has lost its (...) momentum. After the Act Amending the Hospitality Act was adopted, the government has slowed down its efforts to create a regulatory framework conducive to the needs of the collaborative economy. Nevertheless, the practice is becoming more and more common, with several sharing initiatives surfacing in the past few years. Most collaborative economy services are not yet subject to taxation and regulation, one of the most pressing questions that will have to be answered in Slovenia is how to regulate and tax the collaborative economy. (shrink)

The objective of Working Group 4 of the COST Action NET4Age-Friendly is to examine existing policies, advocacy, and funding opportunities and to build up relations with policy makers and funding organisations. Also, to synthesize and improve existing knowledge and models to develop from effective business and evaluation models, as well as to guarantee quality and education, proper dissemination and ensure the future of the Action. The Working Group further aims to enable capacity building to improve interdisciplinary participation, to promote knowledge (...) exchange and to foster a cross-European interdisciplinary research capacity, to improve cooperation and co-creation with cross-sectors stakeholders and to introduce and educate students SHAFE implementation and sustainability. To enable the achievement of the objectives of Working Group 4, the Leader of the Working Group, the Chair and Vice-Chair, in close cooperation with the Science Communication Coordinator, developed a template to map the current state of SHAFE policies, funding opportunities and networking in the COST member countries of the Action. On invitation, the Working Group lead received contributions from 37 countries, in a total of 85 Action members. The contributions provide an overview of the diversity of SHAFE policies and opportunities in Europe and beyond. These were not edited or revised and are a result of the main areas of expertise and knowledge of the contributors; thus, gaps in areas or content are possible and these shall be further explored in the following works and reports of this WG. But this preliminary mapping is of huge importance to proceed with the WG activities. In the following chapters, an introduction on the need of SHAFE policies is presented, followed by a summary of the main approaches to be pursued for the next period of work. The deliverable finishes with the opportunities of capacity building, networking and funding that will be relevant to undertake within the frame of Working Group 4 and the total COST Action. The total of country contributions is presented in the annex of this deliverable. (shrink)

In ancient philosophy, there is no discipline called “logic” in the contemporary sense of “the study of formally valid arguments.” Rather, once a subfield of philosophy comes to be called “logic,” namely in Hellenistic philosophy, the field includes (among other things) epistemology, normative epistemology, philosophy of language, the theory of truth, and what we call logic today. This entry aims to examine ancient theorizing that makes contact with the contemporary conception. Thus, we will here emphasize the theories of the “syllogism” (...) in the Aristotelian and Stoic traditions. However, because the context in which these theories were developed and discussed were deeply epistemological in nature, we will also include references to the areas of epistemological theorizing that bear directly on theories of the syllogism, particularly concerning “demonstration.” Similarly, we will include literature that discusses the principles governing logic and the components that make up arguments, which are topics that might now fall under the headings of philosophy of logic or non-classical logic. This includes discussions of problems and paradoxes that connect to contemporary logic and which historically spurred developments of logical method. For example, there is great interest among ancient philosophers in the question of whether all statements have truth-values. Relevant themes here include future contingents, paradoxes of vagueness, and semantic paradoxes like the liar. We also include discussion of the paradoxes of the infinite for similar reasons, since solutions have introduced sophisticated tools of logical analysis and there are a range of related, modern philosophical concerns about the application of some logical principles in infinite domains. Our criterion excludes, however, many of the themes that Hellenistic philosophers consider part of logic, in particular, it excludes epistemology and metaphysical questions about truth. Ancient philosophers do not write treatises “On Logic,” where the topic would be what today counts as logic. Instead, arguments and theories that count as “logic” by our criterion are found in a wide range of texts. For the most part, our entry follows chronology, tracing ancient logic from its beginnings to Late Antiquity. However, some themes are discussed in several eras of ancient logic; ancient logicians engage closely with each other’s views. Accordingly, relevant publications address several authors and periods in conjunction. These contributions are listed in three thematic sections at the end of our entry. (shrink)

Culture and socialization influence how individuals perceive and express emotional distress. Research therefore, must consider the context to capture individual experiences. However, the majority of studies on factors associated with emotional distress among migrants use quantitative approaches, limiting an in-depth understanding. This study investigates emic themes of emotional distress among Vietnamese migrants by integrating anthropological and psychiatric approaches. The mixed methods study first quantified differences in reported themes of distress between Vietnamese (n = 104) and German (n = 104) patients, (...) who utilized two psychiatric outpatient clinics in Berlin, Germany. Based on these differences, ethnographic interviews were conducted with 20 Vietnamese patients. In the quantitative part, differences in frequency of reported distress between Vietnamese and German patients indicate cultural and migration-related issues among Vietnamese migrants, such as the upbringing of children in a transcultural context. In the qualitative part, interviews with Vietnamese patients elicited contextualizing information and additional themes of distress. Besides commonly expressed socioeconomic themes, such as work and finances, we identified affectively charged themes concerning roles toward partnership and children. A central emic theme is expressed as “moments of speechlessness,” which go beyond a lack of language proficiency and challenge patients in different spheres of life. Migration entails complex affective dynamics, determined by a specific migratory and post-migratory context. Within this context, norms and values determine which themes of distress patients articulate openly. Therefore, an interdisciplinary, mixed-methods approach can yield a contextualized understanding of emotional distress and the complex nature of migration. (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".

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)

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)

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)

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)

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)

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)

The volume brings together ancient-philosophy specialists and Kant scholars to advance our understanding of the significance of Stoicism for Immanuel Kant's ethical thought. Kant and Stoic Ethics -/- Contents: -/- Introduction -/- 1 Ethical Formulae in Ancient Stoicism — Brad Inwood -/- 2 Duties and Permissible Actions in the Early Stoics and Kant — Iakovos Vasiliou -/- 3 The Stoics and Kant on the Motive of Duty — Jacob Klein -/- 4 Kant on the Unity and Plurality of the Virtues (...) — Katja Maria Vogt -/- 5 Perfection and Morality — Stephen Engstrom -/- 6 The Stoical Sublime — I.S. Blecher 7 Kant’s Rejection of Stoic Eudaimonism — Michael Vazquez -/- 8 Life as a Game of Skill? Kant and the Stoics about the Results of Human Agency — Jens Timmermann -/- 9 Living in accordance with Nature: Kant and Stoicism — Paul Guyer -/- 10 On the Relationship between Orientation and Agency: From the Stoics’ Oikeiōsis to Kant’s Orientierung — Alix Cohen -/- 11 “Everyone has a price at which he sells himself”: Epictetus and Kant on Self-respect — Melissa Merritt -/- 12 Anger Reinstated: Stoics and Kant on Anger — Nancy Sherman 13 Kant’s Philosophy of History as Stoic Consolation — Rachel Zuckert -/- Bibliography Index . (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. -/- .

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