This paper examines the critique of Voegelin in Kelsens "Secular Religion". While Kelsen sets out with the false premise that secular world view can in principle have no religious character, his critique of Voegelin remains largely unimpaired by this mistake. With convincing arguments Kelsen criticises (1) Voegelins interpretation of modernity as an age of gnosticism, (2) Voegelins reinterpretation of enlightened and secular philosopher as gnostics in disguise and (3) Voegelins rejection of modern politics and, to a lesser degree, modern (...) science. I have also uploaded the critical margin notes that some person (unfortunately I do not know any more who) had been so friendly to sent me. The paper was originally written in German, but an English translation is available as well. (shrink)

Reedition of papers in English spanning from 1986 to 2009 /// Historical background -- An imposed legacy -- Twentieth century contemporaneity -- Appendix: The philosophy of teaching legal philosophy in Hungary /// HISTORICAL BACKGROUND -- PHILOSOPHY OF LAW IN CENTRAL & EASTERN EUROPE: A SKETCH OF HISTORY [1999] 11–21 // PHILOSOPHISING ON LAW IN THE TURMOIL OF COMMUNIST TAKEOVER IN HUNGARY (TWO PORTRAITS, INTERWAR AND POSTWAR: JULIUS MOÓR & ISTVÁN LOSONCZY) [2001–2002] 23–39: Julius Moór 23 / István Losonczy 29 // (...) ON THE SURVIVAL OF ILMAR TAMMELO’S LETTER AND MANUSCRIPT ADDRESSED TO PROFESSOR MOÓR [2009] 41–44 // PROFESSIONAL DISTRESS AND SCARCITY: ALEXANDER HORVÁTH AND THE LEGACY OF NATURAL LAW IN HUNGARY [2005] 45–50 // HUNGARIAN LEGAL PHILOSOPHY IN THE 20TH CENTURY [2011] 51–72: I. The Pre-war Period [1. Bódog (Felix) Somló (1871–1920) 52] / II. The Inter-war Period [2. Gyula (Julius) Moór (1888–1950) 54 / 3. Barna Horváth (1896–1973) 55 / 4. József Szabó (1909–1992) 57 / 5. István Bibó (1911–1979) 58 / 6. Tibor Vas (1911–1983) 59 / 7. István Losonczy (1918–1980) 60] III. The Post-war Period (Communism) 61 [8. Imre Szabó (1912–1991) 62 / 9. Vilmos Peschka (1929–2006) 63 / 10. Kálmán Kulcsár (1928–2010) 65] IV. Contemporary Trends and Perspectives 66 [11. Csaba Varga (b. 1941) 66 / 12. András Sajó (b. 1949) 69 / 13. Béla Pokol (b. 1950) 70] V. Our Understanding of the Law Today 71 --- AN IMPOSED LEGACY -- LOOKING BACK [1999] 75–94: 1. On Ideologies and Marxism in general 75 / 2. Life of an Intellectual in Communism 79 / 3. On Marxism and its Socialist Cultivation in Particular 82 / 4. Legal Philosophising [4.1. Approaches to Law 87 / 4.2. Arriving at a Legal Ontology 91] 5. Conclusion 94 // LEGAL PHILOSOPHY OF THE MARXISM OF SOCIALISM: HUNGARIAN OVERVIEW IN AN INTERNATIONAL PERSPECTIVE [2003] 95–151: I. Development and Balance of Marxist Philosophising on Law in Hungary [1. Preliminaries (until 1948) 96 / 2. Stalinism (from the Soviet Occupation on) {a) Liquidation of the »Residues« 98 / b) Soviet-type Uniformisation [Gleichschaltung] 99 / c) Denial of the Past, with a Dual Effect 99 / d) »Socialist Legality«, Drawn from the Progressive Past of Western Europe 103 / e) Search for the Germs of Scholarly Evolution 103} 3. Institutionalisation Accompanied by Relaxation (from the 1960s) [a) Epigonism Becoming the Scholarly Ideal 104 / b) Stalinism in a Critical Self-perspective 105 / c) Disciples Diversified Launching their own Trends 107 / d) Comparatism 110 / e) (Re)discovery of the Western Legal Philosophy as a Competitor 112 / f) A Leading Mediatory Role within the »Socialist World Order« 114} 4. Disintegration (in the 1980s) {a) Attempt at Laying New Foundations for Marxism with Epigonism Exhausted 115 / b) Competitive Trends Becoming Exclusive 115 / c) Western Legal Philosophy Acknowledged as a Fellow-traveller within the Socialist Orbit Proper 116 / d) Hungarian Legal Theory Transforming into a National Corpus 118 / e) The Practical Promotion of Some Balance 119} 5. End-game for a Substitute State Religion (in the 1990s) 120] II. Marxist Legal Philosophising in an International Perspective [Ad 1: To the Preliminaries 122 / Ad 2: To Stalinism 124 / Ad 3: To Institutionalisation Accompanied by Relaxation {a) Late Separation from Vishinskiy’s Theory 125 / b) From Ideological Self-closure to an Apparently Scholarly Openness 127 / c) From Political Ideology to Genuine Scholarship 130 / d) International Recognition of Socialist Jurisprudence as an Independent Trend 135 / e) Together with Western Trends 137} Ad 4: To Disintegration {a) Loss of Attraction as Mere Epigonism 139 / b) Exclusivity of Competing Trends 139 / c) Fellowship with »Bourgeois« Trends 140 / d) An own Trend, Internationally Recognised 141 / e) A yet Progressive Role 142} Ad 5: To the Present state 143] III. A Temporary Balance 145 // AUTONOMY AND INSTRUMENTALITY OF LAW IN A SUPERSTRUCTURAL PERSPECTIVE [1986] 151–175: 1. The Strange Fate of Concepts 151 / I. A Relational Category 2. Basis and Superstructure: The Genuine Meaning 154 / 3. Exerting Social Influence as a Conceptual Minimum 156 / 4. Relationships within the Prevailing Totality 158 / 5. Attempts at Interpretation in Hungary 159 / 6. The Lukácsian Stand 162 / 7. Lukács’s Recognitions 168 / 8. Some Criticism 169 / II. The Law’s Understanding 171 / 9. Law Interpreted as Superstructure 171 / 10. Conclusions Drawn for the Law’s Understanding 173 // LEGAL THEORY IN TRANSITION (A PREFACE FROM HUNGARY) [2000] 177–186 // DEVELOPMENT OF THEORETICAL LEGAL THOUGHT IN HUNGARY AT THE TURN OF THE MILLENNIUM [2006] 187–215: 1. International Environment 188 / 2. The Situation in Hungary 190 / 3. Outlook I: The Historical-comparative Study of Legal Cultures and of the Lawyerly Way of Thinking 203 / 4. Outlook II: The Paradigmatic Enigma of the Transition to Rule of Law 207 / 5. Incongruity in Practice 213 / 6. Perspectives 214 --- TWENTIETH CENTURY CONTEMPORANEITY -- CHANGE OF PARADIGMS IN LEGAL RECONSTRUCTION: CARL SCHMITT AND THE TEMPTATION TO FINALLY REACH A SYNTHESIS [2002] 219–234: 1. Dangers of Intellectualism 219 / 2. Schmitt in Facts 221 / 3. Schmitt and Kelsen 222 / 4. On Bordering Conditions 226 / 5. With Kelsen in Transubstantiation 230 / 6. Polarisation as the Path of Theoretical Development 232 // KELSENIAN DOCUMENTS IN HUNGARY: CHAPTERS ON CONTACTS, INCLUDING THE GENESIS OF AUTOBIOGRAPHY [2006] 235–243: 1. Preludes 235 / 2. The Search for Moór’s Bequeath 235 / 3. Moór’s Collegiality 238 / 4. Bibó as a Disciple Translating 241 // THE »HART-PHENOMENON« [2002] 245–267: I. The Hart-miracle 246 [1. The Scene of Britain at the Time 247 / 2. The Personal Career 250 / 3. The Opus’ Career 252 / 4. Verbal Sociologism 255 / 5. Growing into the British Pattern 259] II. The Hart-phenomenon 260 [6. Origination of a Strange Orthodoxy 261 / 7. Mastering Periods of the 20th Century 263 / 8. Raising the Issue of Reception in Hungary 365] // LITERATURE? A SUBSTITUTE FOR LEGAL PHILOSOPHY? [2007] 269–287: 1. The Enigma of Law and its Study 269 / 2. “Law and Literature” 271 / 3. Varieties of “Law and Literature” 274 / 4. The German Study of Artistic Representations 280 / 5. Some Literary Reconsiderations 285 / 6. Conclusion 287 --- APPENDIX -- THE PHILOSOPHY OF TEACHING LEGAL PHILOSOPHY IN HUNGARY [2007] 291–320: I. Why and How to Philosophise in Law? 291 / II. The State of Teaching Legal Philosophy 294 / III. The Philosophy of Teaching Legal Philosophy 296 / IV. Programme at the Catholic University of Hungary 300 [1. Graduate Studies 300 {a) Basic Subjects 301 / b) Facultative Seminars 305 / c) Closing Subjects 309 / d) Written Memoranda and the Thesis 312} 2. Postgraduate Studies 313 / 3. Conclusion 317] V. Perspectives 318 /// Index of Subjects 321 / Index of Normative Materials 328 / Index of Names 329 . (shrink)

Hans Kelsen's thorough critique of Eric Voegelin's "New Science of Politcs" is - in my oppinion - the best commentary on Voegelin that has been written so far.

Hans Kelsen's thorough critique of Eric Voegelin's "New Science of Politcs" is - in my oppinion - the best commentary on Voegelin that has been written so far.

Com toda uma vida dedicada à reflexão, Fausto Castilho teve a sua trajetória marcada por duas grandes paixões: a Filosofia e o Brasil. Ambas o acompanharam desde a infância e a adolescência, tendo atravessado o seu caminho personagens emblemáticos, que o ajudaram a demarcar o traçado peculiar do seu destino. Formado na Sorbonne, numa época em que ela reunia, com seu corpo docente, um dos mais significativos e completos departamentos de filosofia do ocidente, Fausto Castilho trouxe consigo diversos métodos rigorosos (...) de trabalhar um texto filosófico, sem jamais deixar de ter um pensamento e uma posição refletida sobre os temas aos quais se dedicou. Essa mesma postura sempre marcou sua profunda reflexão sobre o Brasil, que sempre coadunou assuntos estratégicos, vocação tecnológica e formação política, ocupando-se não tanto com a identidade do país – tema que marcou sua geração –, mas muito mais com o seu desenvolvimento e sua inserção cosmopolita. (shrink)

[Does the gymnosophist’s reply to Alexander’s question on the origin of time indeed reflect an Indian doctrine?] The episode of Alexander’s interview with the gymnosophists has come down to us in several versions, among which the one in Plutarch’s Vita Alexandri is the most renowned. In this connection, the question arises whether the solutions given by the naked philosophers to the puzzles propounded by Alexander can be shown to reflect genuine Indian doctrines. Challenging Dumézil’s reply in the affirmative, the author (...) contends that they cannot. While most questions and answers are scarcely relevant to the investigation, as being of little (if any) philosophical import, the analysis concentrates on the more significant ones, and especially on the solution offered to the question as to which of the two — day or night — came first. According to Dumézil, the gymnosophist’s answer reported by Plutarch, i. e. that the day came first, by one day, reflects the vedic doctrine of the primeval cosmogonic role of Dawn and Light. Against this may be argued in the first place that such doctrine does not enjoy any prominent status in the Vedas themselves — quite to the contrary, it stands up disadvantegeously to many all-important texts, such as the Nāsadīyasūkta, which assign the primeval status to Darkness — and cannot therefore be regarded as being specifically Indian any more than its opposite. Secondly, it is shown that the Greek tradition is at great variance on this very point, to the extent that all logically conceivable solutions (i. e., precedence of day by one day / day by one night / night by one day / night by one night) are represented in some version or other. This inconsistency appears to stem from the fact that no particular doctrine (Indian or whatever) was envisaged; according to the present author, we have reason to believe that the gymnosophist’s reply was rather meant to set off by means of a paradox the sheer impossibility of a solution (all four alternatives being equivalent to that effect). This interpretation is reinforced by the gymnosophist’s own remark confessing the aporetical nature of his reply, and finally by a further recourse to paradox — this time a variant of the well-known “paradox of the liar” — which the author lays bare in the otherwise inexplicable dénouement of the anecdote. (shrink)

A teoria do Direito internacional de Kelsen é monista, ou seja, o autor reúne a legislação nacional e internacional em um único sistema normativo. Com isso, descarta o dualismo e promove uma tese fundada no princípio lógico da não-contradição, traduzido juridicamente para o princípio da imputação. Por essa afirmação, o Direito internacional, considerando o primado estadual, existe a partir do reconhecimento interno da validade da legislação externa; mais, a recepção dos acordos internacionais na legislação nacional acopla internamente o Direito internacional, (...) com seus tratados bi/multilaterais, pactos, instituições, costumes e tribunais. A teoria de Kelsen torna-se complexa, porém, quando, indagando o inverso dessa premissa, o Direito internacional posto e eficaz, já inserido internamente, não reconhece a validade normativa de eventual interpretação ou norma interna e atua como agente determinante da ordem jurídica nacional. Com isso, o Direito externo torna-se decisivo desse mesmo sistema jurídico interno, não necessariamente por uma ação coercitiva, mas por intermédio do seu reconhecimento da validade da legislação interna. Vimos esse fenômeno materializar-se no caso dos dois presidentes simultâneos da Venezuela: tanto o presidente Nicolás Maduro, quando o presidente Juan Guaidó, foram formalmente designados, por países e instituições distintas, como governantes válidos. Sendo assim, o objetivo do livro consiste em compreender esse fenômeno de reconhecimento externo dos sistemas normativos nacionais através da segunda edição da Teoria de pura do Direito como marco teórico. Igualmente, utiliza-se do estudo de caso sobre a determinação do presidente válido da Venezuela como elemento empírico e de falseabilidade. Com isso, defende a hipótese da necessidade do reconhecimento normativo-objetivo do Estado a partir da formação do Direito internacional, independentemente de seu primitivismo. Os quatro primeiros capítulos, na primeira seção, estabelecem uma interpretação sobre a obra de Kelsen, focada em seu aspecto internacionalista. Nos quatro últimos, na seção II, submeto as conclusões teóricas ao caso concreto, falseando-as ou não conforme seu teste empírico. (shrink)

This article focuses on issues relating to legal normativity, emphasizing the way these matters have been elaborated in the works of Kelsen and Hart and later commentators on their theories. First, in Section 2, the author offers a view regarding the nature of law and legal normativity focusing on Kelsen's work (at least one reasonable reading of it). The argument is that the Basic Norm is presupposed when a citizen chooses to read the actions of legal officials in a normative (...) way. In this Kelsenian approach, all normative systems are structurally and logically similar, but each normative system is independent of every other system – thus, law is, in this sense, conceptually separate from morality. Second, in Section 3, the author turns to Hart's theory, analyzing the extent to which his approach views legal normativity as sui generis. This approach raises questions regarding what has become a consensus view in contemporary jurisprudence: that law makes moral claims. The author shows how a more deflationary (and less morally-flavored) understanding of the nature of law is tenable, and may, in fact, work better than current conventional (morality-focused) understandings. (shrink)

Hans Kelsen, juspositivista austríaco, e Herman Dooyeweerd, jusfilósofo cristão neerlandês, foram pensadores contemporâneos que desenvolveram importantes reflexões sobre a relação entre Estado e direito. -/- Esse livro, além de apresentar e comparar suas perspectivas, analisa os comprometimentos teóricos e os problemas políticos e jurídicos do pensamento de Hans Kelsen a partir da filosofia de Herman Dooyeweerd. -/- A obra pode contribuir para as discussões contemporâneas acerca da relação entre Estado e direito e suas consequências para a teorização sobre política e (...) justiça em uma sociedade plural. (shrink)

If reification is the projection of a false, thing-like appearance onto society, what is de-reifying critique supposed to reveal? After distinguishing between versions of reification based on a social ontology of will from those that think of the social as a normatively constituted domain, I argue that Lukács’ work on reification fudges this distinction through his account of class. I then turn to the debate between Schmitt and Kelsen, where the will-versus-norm issue is central. I argue that the consonance between (...) ideas about reification and will-based theories like Schmitt’s is superficial, as the latter relies on identification with authority for its account of normativity, making Kelsen’s ideas about normativity stemming from an orientation toward intersubjective process more convivial. I note, however, that norm-based accounts are less amenable to radical change than will-based ones, making the link between de- reification and radical politics less direct than is often thought. (shrink)

This essay examines an ambiguity in Hans Kelsen’s theory of a norm. On the one hand, Kelsen claims to adhere to what he considers the ‘is/ought’ dichotomy. Kelsen claims that he is describing what really is. On the other hand, Kelsen seems to be understanding the is/ought dichotomy in a very different manner than that by which his contemporaries or, indeed, today’s readers understand the distinction. The clue to this ambiguity is Kelsen’s understanding of a norm. Although legal existence is (...) said to rest with norms, this existence is very different than an existence constituted from social behaviour. Instead, in Kelsen’s view, a norm is a signifying relation between a sign and a cognitive object. Kelsen’s theory of language, however, is very different from a theory of speech acts. When addressing why a norm is binding, we find that Kelsen’s full theory of language excludes important phenomena in order to retain its purity. (shrink)

Introdução: Hans Kelsen (1881-1973), juspositivista austríaco, e Herman Dooyeweerd (1894-1977), jusfilósofo neerlandês, foram pensadores contemporâneos que presenciaram o avanço do poder totalitário do Estado expresso por meio de normas jurídicas. Ambos se preocuparam em discutir sobre a relação entre Estado e direito, mas se afastaram na formulação de suas jusfilosofias: Kelsen defendeu uma concepção em que o Estado se tornou a personificação da ordem jurídica, Dooyeweerd distinguiu o direito da estrutura do Estado. Objetivo: analisar os comprometimentos teóricos e os problemas (...) político-jurídicos do pensamento de Hans Kelsen a partir da filosofia de Herman Dooyeweerd. Problemáticas: 1) A relação entre Estado e direito em Hans Kelsen é incapaz de proteger a sociedade civil e os indivíduos do poder do Estado, como afirmam os jusnaturalistas?; 2) Toda filosofia que postula princípios normativos limitadores à produção do direito é uma metafísica atemporal que resulta em uma concepção política antipluralista, como defende Hans Kelsen?. Hipóteses: 1) Jusnaturalistas estão corretos ao afirmarem que a Teoria Pura do Direito de Kelsen possibilita um ilimitado poder ao ente estatal face à sociedade civil, sendo incapaz de oferecer-lhe subsídios teóricos para sua proteção; 2) Kelsen não está certo ao entender que toda filosofia que postula princípios normativos limitadores à produção do direito é uma metafísica atemporal que resulta em uma concepção política antipluralista. Justificativas da pesquisa: 1) Analisa, a partir da crítica transcendental dooyeweerdiana, se os compromissos assumidos por Kelsen acerca da realidade o levaram a uma teoria reducionista capaz de tornar a sociedade desprotegida diante do poder do Estado; 2) Investiga se a teoria dooyeweerdiana tem capacidade de superar a tópica jusnaturalismo e juspositivismo. Resultados: 1) Como alegam os jusnaturalistas, a perspectiva política e jurídica de Kelsen, que reduz o direito ao aspecto lógico e delega as discussões de justiça ao âmbito político, não possibilita à sociedade uma proteção jurídica ao poder normativo do Estado; 2) A concepção político-jurídica dooyeweerdiana demonstra ser possível uma filosofia que encontra princípios limitadores à produção do direito na ordem da realidade e reconhece a pluralidadesocial devido à abertura da experiência histórica. Conclusão: sociedades democráticas profundamente polarizadas precisam descobrir normas objetivamente dispostas na realidade capazes de gerar consenso político e positivação legitimada, não por uma metafísica atemporal ou pela vontade impositiva de uma elite, mas pelo reconhecimento de que há uma ordem capaz de gerar mais benefícios para o bem comum. (shrink)

The aim of this chapter is therefore to critically analyse Kelsen's position on the relationship between law and coercion. Here I will show that the connection between law and coercion in Kelsen's legal theory goes deeper than the first definition of ‘law as a coercive order’ suggests: the connection has to do not only with the specific content of legal norms, but also with the existence of the legal order itself. In Section II, I will show that for Kelsen coercion (...) is an essential element of law as the criterion that allows to distinguish law qua normative and social order from other kinds of social and normative orders (such as religion and morality), i.e., coercion of a certain kind. In Sec-tion III I will further develop the argument and show that coercion is also the criterion that allows to distinguish legal norms from other norms (like moral norms), i.e., coercion as a specific object of norms which are hypothetical formulations with sanction as consequence. In Section IV I will show that, in Kelsen’s framework, coercion is also to be regarded as an essential element for the effectiveness of a legal order, thus for its very existence. I will further argue that in this view the most important effect of coercion is not the direct one – the effective application of sanctions or the effective exercise of force – but the indirect one – the psychological pressure that the mere existence of organised violence and sanctions exerts on the individual. Finally, in Section V I will offer a brief concluding remark. (shrink)

The genre to which an artwork belongs affects how it is to be interpreted and evaluated. An account of genre and of the criteria for genre membership should explain these interpretative and evaluative effects. Contrary to conceptions of genres as categories distinguished by the features of the works that belong to them, I argue that these effects are to be explained by conceiving of genres as categories distinguished by certain of the purposes that the works belonging to them are intended (...) to serve. (shrink)

In a recent reply to our article, “What is Interpretability?,” Prasetya argues against our position that artificial neural networks are explainable. It is claimed that our indefeasibility thesis—that adding complexity to an explanation of a phenomenon does not make the phenomenon any less explainable—is false. More precisely, Prasetya argues that unificationist explanations are defeasible to increasing complexity, and thus, we may not be able to provide such explanations of highly complex AI models. The reply highlights an important lacuna in our (...) original paper, the omission of the unificationist account of explanation, and affords us the opportunity to respond. Here, we argue that artificial neural networks are explainable in a way that should satisfy unificationists and that interpretability methods present ways in which ML theories can achieve unification. (shrink)

La nuova conflittualità tra movimenti e poteri globali: in memoria di Carlo Giuliani.

O artigo analisa a leitura crítica de Hans Kelsen acerca da concepção jurídico-política de Thomas Hobbes, considerando críticas posteriores à própria interpretação de Kelsen. Para tanto, investigou-se primeiramente a posição de Kelsen sobre o jusnaturalismo buscando esclarecer conceitos centrais como os do ser e dever-ser e como o autor os associa a Hobbes. Nesse sentido, observouse a limitação da leitura de Kelsen em relação à filosofia jurídica do autor – uma doutrina jusnaturalista metafísica, tendo na regra de ouro o fundamento (...) natural para o direito positivo. Em contraposição, procurou-se apresentar uma postura crítica, que contesta a posição jusnaturalista atribuída a Hobbes e sustenta a tese de que o autor inglês é um precursor do positivismo jurídico. (shrink)

O artigo tem como objetivo apresentar o problema da determinação do sentido das normas para o Kelsen considerando a flexibilidade do quadro de interpretações. Expõe, primeiramente, a suposta transição do conceito de interpretação normativa, passando de um formalismo-normativismo restritivo para um realismo jurídico a partir das suas últimas obras; em um segundo momento apresenta o decorrente conflito ainda atual constituído por essas reformulações. Finalmente, defende a hipótese de superação da dicotomia formalismo-normativismo versus realismo jurídico através de uma leitura realista normativista.

Hans Kelsens Critique of Eric Voegelins "New Science of Politics" has for a long time been very difficult to access, because Kelsen has published only parts of it in his life time and left other parts unpublished. This allowed Voegelin to spread the myth that Kelsen had refrained from publishing his criticism, because he had understood that he was wrong. This is nonsense. The reasons why Kelsen left part of his criticism unpublished are mostly accidental. At the same time Kelsens (...) criticism itself is a very sound rejection of Voegelin's hopelessly flawed theory of modernity as an age of Gnosticism. In this Nachwort to the Edition of Kelsen's Voegelin-criticism I summarize and comment the most important points of Kelsens criticism: 1. Kelsen's take on Voegelin's criticism of positivism. 2. Kelsen's rejection of Voegelin's "theory of representation" which is in fact a rejection of democratic representation in favor of an authoritarian and theocratic model of politics and 3. Kelsen's refuation of Voegelin's explanation of political disorder in the 20th century as a result of Gnostic heresy. My conclusion is that Kelen's criticism is successful (with only very minor qualifications) in all of these points and that thus it is an important contribution to the discussion of Voegelin's scholarship which has until recently been almost entirely apologetic. (shrink)

A separação entre o ser, isto é, o ato, e o dever-ser, ou seja, o sentido de comando, permissão etc.. do ato é parte fundamental para o entendimento da epistemologia proposta por Hans Kelsen. Dessa discriminação entre o ser e o dever-ser há o principal argumento do autor para a separação do direito das ciências causais e, principalmente, a superação da falácia naturalista no âmbito teórico e moral. Nesse sentido, também o artigo se propôs a analisar a refutação de Kelsen (...) a doutrinas morais e jurídicas negadoras de tal distinção e, consequentemente o reflexo de tal posicionamento na perspectiva da responsabilidade. (shrink)

Com este artigo procura-se introduzir a questão da origem social das normas morais e jurídicas a partir da obra de Hans Kelsen e solucionar, de forma breve, o problema da conciliação do método lógico-transcendental da Teoria pura com a filosofia positivista e empirista do autor.

In our paper "Surface and Deep Interpretation," we sought to provide detail and texture to Arthur Danto's views on interpretation, thereby explicating and defending them (as published in Mark Rollins, ed., Danto and His Critics (Blackwell, originally published 1993; second edition 2012). Leddy objects to our views; in the end, Danto's view, given our explication of it, remains tenable.

Interpretive charity is an important principle in devising the content of propositional attitudes and their expression. I want to argue that it does not square well with externalism about content. Although my argument clearly also applies to a principle of maximizing truth (as it requires only the true belief - component of knowledge), I will focus my attention to Timothy Williamson’s more intriguing recent proposal of maximizing knowledge.

Davidson argues that his version of interpretivism entails that sceptical scenarios are impossible, thus offering a response to any sceptical argument that depends upon the possibility of sceptical scenarios. It has been objected that Davidson’s interpretivism does not entail the impossibility of sceptical scenarios due to the possibility that interpreter and speaker are in a shared state of massive error, and so this response to scepticism fails. In this paper I show that the objection from the possibility of shared error (...) rests on a misunderstanding of Davidson’s interpretivist position. Properly understood, Davidson’s view does entail that sceptical scenarios are impossible. I also give a reason independent of its anti-sceptical implications to prefer Davidson’s interpretivism over the version of interpretivism erroneously attributed to him by those who object to his anti-sceptical argument. (shrink)

A presente dissertação tem como tema central a proposta da abordagem hermenêutica da decisão judicial em Hans Kelsen considerando seu relativismo filosófico. No primeiro momento expõe a concepção de decisão judicial no autor e as suas reformulações conceituais no decorrer das suas obras – as passagens do formalismo normativista das primeiras obras até o ceticismo de regras na Teoria geral das normas. Também propõe a dissolução entre as leituras formalistas e realistas através da possibilidade de uma leitura realista moderada. Após (...) expõe a filosofia relativista do autor e seu resultado na exclusão dos elementos da moralidade do conceito de direito. Finalmente deduz regras de interpretação a partir de uma visão abrangente das obras do autor. O objetivo da dissertação, nesse sentido, é analisar a dinâmica da criação normativa pelo judiciário, a discricionariedade daí resultante e a possibilidade de interpretar os vários sentidos das normas sem recorrer a qualquer moralismo para tal. (shrink)

This book shows how research in linguistic pragmatics, philosophy of language, and rhetoric can be connected through argumentation to analyze a recognizably common strategy used in political and everyday conversation, namely the distortion of another’s words in an argumentative exchange. Straw man argumentation refers to the modification of a position by misquoting, misreporting or wrenching the original speaker’s statements from their context in order to attack them more easily or more effectively. Through 63 examples taken from different contexts (including political (...) and forensic discourses and dialogs) and 20 legal cases, the book analyzes the explicit and implicit types of straw man, shows how to assess the correctness of a quote or a report, and illustrates the arguments that can be used for supporting an interpretation and defending against a distortion. The tools of argumentation theory, a discipline aimed at investigating the uses of arguments by combining insights from pragmatics, logic, and communication, are applied to provide an original account of interpretation and reporting, and to describe and illustrate tactics and procedures that can be used and implemented for practical purposes.. This book will appeal to scholars in the fields of political communication, communication in general, argumentation theory, rhetoric and pragmatics, as well as to people working in public speech, speech writing, and discourse analysis. (shrink)

The question “what is an interpretation?” is often intertwined with the perhaps even harder question “what is a scientific theory?”. Given this proximity, we try to clarify the first question to acquire some ground for the latter. The quarrel between the syntactic and semantic conceptions of scientific theories occupied a large part of the scenario of the philosophy of science in the 20th century. For many authors, one of the two currents needed to be victorious. We endorse that such (...) debate, at least in the terms commonly expressed, can be misleading. We argue that the traditional notion of “interpretation” within the syntax/semantic debate is not the same as that of the debate concerning the interpretation of quantum mechanics. As much as the term is the same, the term “interpretation” as employed in quantum mechanics has its meaning beyond (pure) logic. Our main focus here lies on the formal aspects of the solutions to the measurement problem. There are many versions of quantum theory, many of them incompatible with each other. In order to encompass a wider variety of approaches to quantum theory, we propose a different one with an emphasis on pure formalism. This perspective has the intent of elucidating the role of each so-called “interpretation” of quantum mechanics, as well as the precise origin of the need to interpret it. (shrink)

Metaethical expressivism is typically characterised as the view that normative statements express desire-like attitudes instead of beliefs. However, in this paper I argue that expressivists should claim that normative statements express beliefs in normative propositions, and not merely in some deflationary sense but in a theoretically robust sense explicated by a theory of propositional attitudes. I first argue that this can be achieved by combining an interpretationist understanding of belief with a nonfactualist view of normative belief content. This results in (...) a view I call ‘interpretative expressivism’. I then argue that traditional arguments employed by expressivists that normative statements express noncognitive attitudes can just as well support the claim that normative statements express nonfactual or nonrepresentational beliefs. Finally, I argue that this view has a number of advantages to versions of expressivism that deny that normative statements express non-deflationary normative beliefs. (shrink)

I propose an account of probability in the Everett interpretation of quantum mechanics. According to the account, probabilities are objective chances of centered propositions. As I show, the account solves a number of problems concerning the role of probability in the Everett interpretation. It also challenges an implicit assumption, concerning the aim and scope of fundamental physical theories, that is made throughout the philosophy of physics literature.

Recent breakthroughs in artificial intelligence have primarily resulted from training deep neural networks (DNNs) with vast numbers of adjustable parameters on enormous datasets. Due to their complex internal structure, DNNs are frequently characterized as inscrutable ``black boxes,'' making it challenging to interpret the mechanisms underlying their impressive performance. This opacity creates difficulties for explanation, safety assurance, trustworthiness, and comparisons to human cognition, leading to divergent perspectives on these systems. This chapter examines recent developments in interpretability methods for DNNs, with a (...) focus on interventionist approaches inspired by causal explanation in philosophy of science. We argue that these methods offer a promising avenue for understanding how DNNs process information compared to merely behavioral benchmarking and correlational probing. We review key interventionist methods and illustrate their application through practical case studies. These methods allow researchers to identify and manipulate specific computational components within DNNs, providing insights into their causal structure and internal representations. We situate these approaches within the broader framework of causal abstraction, which aims to align low-level neural computations with high-level interpretable models. While acknowledging current limitations, we contend that interventionist methods offer a path towards more rigorous and theoretically grounded interpretability research, potentially informing both AI development and computational cognitive neuroscience. (shrink)

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal (...) interpretative canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

How do we determine whether individuals accept the actual consistency of a political argument instead of just its rhetorical good looks? This article answers this question by proposing an interpretation of political argument within the constraints of political liberalism. It utilises modern developments in the philosophy of logic and language to reclaim ‘meaningless nonsense’ from use as a partisan war cry and to build up political argument as something more than a power struggle between competing conceptions of the good. (...) Standard solutions for ‘clarifying’ meaning through descriptive definition encounter difficulties with the biases of status quo idioms (long noted by theorists like William Connolly and Quentin Skinner), as well as partisan translations and circularity. Collectively called linguistic gerrymandering, these difficulties threaten political liberalism’s underlying coherency. The proposed interpretation of political argument overcomes this with a new brand of conceptual analysis that can falsifiably determine whether rhetoric has hijacked political argument. (shrink)

The semeiotic of Charles Sanders Peirce is irreducibly triadic, positing that a sign mediates between the object that determines it and the interpretant that it determines. He eventually holds that each sign has two objects and three interpretants, standardizing quickly on immediate and dynamical for the objects but experimenting with a variety of names for the interpretants. The two most prominent terminologies are immediate/dynamical/final and emotional/energetic/logical, and scholars have long debated how they are related to each other. This paper seeks (...) to shed new light on the matter by reviewing the numerous manuscript drafts where Peirce develops the latter nomenclature while attempting to introduce his pragmatism to a general audience. It then goes on to examine an additional set of interpretants, intentional/effectual/communicational, and shows that the three different trichotomies can be understood as complementary, rather than redundant or conflicting. (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with (...) the advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

Researchers have converged on the idea that a pragmatic understanding of communication can shed important light on the evolution of language. Accordingly, animal communication scientists have been keen to adopt insights from pragmatics research. Some authors couple their appeal to pragmatic aspects of communication with the claim that there are fundamental asymmetries between signalers and receivers in non-human animals. For example, in the case of primate vocal calls, signalers are said to produce signals unintentionally and mindlessly, whereas receivers are thought (...) to engage in contextual interpretation to derive the significance of signals. We argue that claims about signaler-receiver asymmetries are often confused. This is partly because their authors conflate two conceptions of pragmatics, which generate different accounts of the explanatory target for accounts of the evolution of language. Here we distinguish these conceptions, in order to help specify more precisely the proper explanatory target for language evolution research. (shrink)

The notions of inference and default are used in pragmatics with different meanings, resulting in theoretical disputes that emphasize the differences between the various pragmatic approaches. This paper is aimed at showing how the terminological and theoretical differences concerning the two aforementioned terms result from taking into account inference and default from different points of view and levels of analysis. Such differences risk making a dialogue between the theories extremely difficult. However, at a functional level of analysis the different theories, (...) definitions, and approaches to interpretation can be compared and integrated. At this level, the standardization of pragmatic inferences can be regarded as the development of a specific type of presumptions, used to draw prima-facie interpretations. (shrink)

Evolutionary theory (ET) is teeming with probabilities. Probabilities exist at all levels: the level of mutation, the level of microevolution, and the level of macroevolution. This uncontroversial claim raises a number of contentious issues. For example, is the evolutionary process (as opposed to the theory) indeterministic, or is it deterministic? Philosophers of biology have taken different sides on this issue. Millstein (1997) has argued that we are not currently able answer this question, and that even scientific realists ought to remain (...) agnostic concerning the determinism or indeterminism of evolutionary processes. If this argument is correct, it suggests that, whatever we take probabilities in ET to be, they must be consistent with either determinism or indeterminism. This raises some interesting philosophical questions: How should we understand the probabilities used in ET? In other words, what is meant by saying that a certain evolutionary change is more or less probable? Which interpretation of probability is the most appropriate for ET? I argue that the probabilities used in ET are objective in a realist sense, if not in an indeterministic sense. Furthermore, there are a number of interpretations of probability that are objective and would be consistent with ET under determinism or indeterminism. However, I argue that evolutionary probabilities are best understood as propensities of population-level kinds. (shrink)

The conspicuous similarities between interpretive strategies in classical statistical mechanics and in quantum mechanics may be grounded on their employment of common implementations of probability. The objective probabilities which represent the underlying stochasticity of these theories can be naturally associated with three of their common formal features: initial conditions, dynamics, and observables. Various well-known interpretations of the two theories line up with particular choices among these three ways of implementing probability. This perspective has significant application to debates on primitive ontology (...) and to the quantum measurement problem. (shrink)

Arthur C. Danto did not live to witness the proliferation of AI in artistic creation. However, his philosophy of art offers key ideas about art that can provide an interesting perspective on artwork generated by artificial intelligence (AI). In this article, I analyze how his ideas about contemporary art, intention, interpretation, and authorship could be applied to the ongoing debate about AI and artistic creation. At the same time, it is also interesting to consider whether the incorporation of AI (...) into artistic creation marks a new chapter in the narrative, which seems to have reached its end, or if it represents a significant rupture with past artistic traditions. (shrink)

The Philosophy of Psychiatry is a unique area of research because the nature of the subject matter leads to quite distinct methodological issues. Naturalism, Interpretation, and Mental Disorder is an original new work focusing on the challenges we face when trying to interpret and understand mental illness. The book integrates a hermeneutical perspective, and shows how such an approach can reveal important facts about historical sources in psychiatry and the nature of dialogue in the therapeutic encounter. In addition, the (...) book demonstrates how such an approach can be valuable for understanding the concept of mental disorder itself. Naturalism, Interpretation, and Mental Disorder brings fresh thinking to the philosophy of psychiatry, and will be of interest to students and scholars in the fields of Mental Health and Philosophy. (shrink)

In the Inner Chapters, arguments for a variety of different philosophical positions are present, including skepticism, relativism, particularism, and objectivism. Given that these are not all mutually consistent, we are left with the problem of reconciling the tensions among them. The various positions are described and passages from the Inner Chapters are presented illustrating each. A detailed commentary is offered on the opening of the Inner Chapters, arguing that it is best understood in an objectivist fashion. An interpretation is (...) presented of Zhuangzi's view of sagehood that reconciles the various arguments in the text. (shrink)

We argue that many intuitions do not have conscious propositional contents. In particular, many of the intuitions had in response to philosophical thought experiments, like Gettier cases, do not have such contents. They are more like hunches, urgings, murky feelings, and twinges. Our view thus goes against the received view of intuitions in philosophy, which we call Mainstream Propositionalism. Our positive view is that many thought-experimental intuitions are conscious, spontaneous, non-theoretical, non-propositional psychological states that often motivate belief revision, but they (...) require interpretation, in light of background beliefs, before a subject can form a propositional judgment as a consequence of them. We call our view Interpretationalism. We argue (i) that Interpretationalism avoids the problems that beset Mainstream Propositionalism and (ii) that our view meshes well with empirical results in contemporary cognitive science. (shrink)

The aim of this paper is to comprehensively question the validity of the standard way of interpreting Chaitin's famous incompleteness theorem, which says that for every formalized theory of arithmetic there is a finite constant c such that the theory in question cannot prove any particular number to have Kolmogorov complexity larger than c. The received interpretation of theorem claims that the limiting constant is determined by the complexity of the theory itself, which is assumed to be good measure (...) of the strength of the theory. I exhibit certain strong counterexamples and establish conclusively that the received view is false. Moreover, I show that the limiting constants provided by the theorem do not in any way reflect the power of formalized theories, but that the values of these constants are actually determined by the chosen coding of Turing machines, and are thus quite accidental. (shrink)

Philosophers have wanted to work with conceptions of word-competence, or concept-possession, on which being a competent practitioner with a word amounts to being a competent judge of its uses by others. I argue that our implicit conception of competence with a word does not have this presupposition built into it. One implication of this is what I call "modesty" in interpretation: we allow for others, uses of words that we would not allow for ourselves. I develop this point by (...) looking at Saul Kripke's discussion of some famous examples given by Benson Mates, concerning beliefs about beliefs. I defend Mates's point against Kripke's claim that an interpreter who is modest in my sense must be "conceptually confused." . (shrink)

In a beautiful recent essay, the philosopher Walter Sinnott-Armstrong explains the reasons for his departure from evangelical Christianity, the religious culture in which he was brought up. Sinnot-Armstrong contrasts the interpretive methods used by good philosophers and fundamentalist believers: Good philosophers face objections and uncertainties. They follow where arguments lead, even when their conclusions are surprising and disturbing. Intellectual honesty is also required of scholars who interpret philosophical texts. If I had distorted Kant’s view to make him reach a conclusion (...) that I preferred, then my philosophy professor would have failed me. The contrast with religious reasoning is stark. My Christian friends seemed happy to hide serious problems in the Bible and in their arguments. They preferred comfort to intellectual honesty. I couldn’t. To what extent can we, historians of philosophy, claim the virtue of intellectual honesty? Speaking frankly, I do not find the practice criticized by Sinnot-Armstrong’s philosophy professor rare or unusual at all. We very frequently distort the views of past philosophers in order to reach the conclusions we prefer. We just call it “Charitable Interpretation.” In this essay, I discuss and criticize the logic behind so-called charitable interpretations in the history of philosophy. This phenomenon is ubiquitous and is not at all restricted to a particular philosophical strand or ideology. Analytic philosophers and post-modernists, Marxists, liberals, secularists, and fundamentalists, we all engage in the very same domestication project. Even more disturbing than the sheer ideological pervasiveness of this phenomenon is the fact that, on many occasions, superb philosophers and historians take part in this fairly childish endeavor. In the first part of this essay, I discuss the general logic of charitable interpretations in the history of philosophy, mostly by addressing discussions in metaphysics and epistemology. In the second part, I focus on the somewhat less noticed use of charitable interpretations in the study of political philosophy, and point out the quintessential role ideology plays in these discussions. In both parts, I concentrate mostly on the interpretation of Spinoza’s thought. I do so not because I have special fondness for Spinoza (“guilty as charged,” I admit), but because Spinoza is such a beast (and may I add, an enchanting beast) and attracts a disproportionate share of the domestication efforts from historians and philosophers of all creeds and persuasions. In the third and final part of the paper, I will begin to outline an alternative methodology, which suggests that past philosophers can be most relevant to our current philosophical discussion, to the extent that they provide us with well-motivated challenges to our common-sense beliefs. Such challenges have the invaluable virtue of being able to undermine our most fundamental and secure beliefs, and force us to engage with the most fundamental questions. What more can we expect from good philosophy? (shrink)

The many worlds interpretation of quantum mechanics (MWI) states that the world we live in is just one among many parallel worlds. It is widely believed that because of this commitment to parallel worlds, the MWI violates common sense. Some go so far as to reject the MWI on this basis. This is despite its myriad of advantages to physics (e.g. consistency with relativity theory, mathematical simplicity, realism, determinism, etc.). Here, we make the case that common sense in fact (...) favors the MWI. We argue that causal explanations are commonsensical only when they are local causal explanations. We present several quantum mechanical experiments that seem to exhibit nonlocal “action at a distance”. Under the assumption that only one world exists, these experiments seem immune to local causal explanation. However, we show that the MWI, by taking all worlds together, can provide local causal explanations of the experiments. The MWI therefore restores common sense to physical explanation. (shrink)