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)

What might Adam Smith have learned from Jane Austen and other novelists of his moment? This paper finds and examines a serious problem at the center of Adam Smith’s moral psychology, stemming from an unacknowledged tension between the effort of the spectator to sympathize with the feelings of the agent and that of the agent to moderate her feelings. The agent’s efforts will result in her opacity to spectators, blocking their attempts to read her emotions. I argue that we can (...) resolve this tension by looking to developments in eighteenth-century literature, as perfected in the hands of Jane Austen. I focus on two techniques, focalization and free indirect style, and I show that the problems for spectatorship diminish when we see that good Smithian spectators are savvy readers. (shrink)

According to mainstream philosophical views causal explanation in biology and neuroscience is mechanistic. As the term ‘mechanism’ gets regular use in these fields it is unsurprising that philosophers consider it important to scientific explanation. What is surprising is that they consider it the only causal term of importance. This paper provides an analysis of a new causal concept—it examines the cascade concept in science and the causal structure it refers to. I argue that this concept is importantly different from the (...) notion of mechanism and that this difference matters for our understanding of causation and explanation in science. (shrink)

Causal selection has to do with the distinction we make between background conditions and “the” true cause or causes of some outcome of interest. A longstanding consensus in philosophy views causal selection as lacking any objective rationale and as guided, instead, by arbitrary, pragmatic, and non-scientific considerations. I argue against this position in the context of causal selection for disease traits. In this domain, causes are selected on the basis of the type of causal control they exhibit over a disease (...) of interest. My analysis clarifies the principled rationale that guides this selection and how it involves both pragmatic and objective considerations, which have been overlooked in the extant literature. (shrink)

Two decades ago, in 1994, in the context of the 4th EU Framework Programme, ELSA was introduced as a label for developing and funding research into the ethical, legal and social aspects of emerging sciences and technologies. Currently, particularly in the context of EU funding initiatives such as Horizon2020, a new label has been forged, namely Responsible Research and Innovation. What is implied in this metonymy, this semantic shift? What is so new about RRI in comparison to ELSA? First of (...) all, for both labels, the signifier was introduced in a top-down manner, well before the concept that was signified by it had acquired a clear and stable profile. In other words, the signifier preceded the research strategies actually covered by these labels. Moreover, the newness of RRI does not reside in its interactive and anticipatory orientation, as is suggested by authors who introduced the term, but rather in its emphases on social-economic impacts. (shrink)

Social scientists appeal to various “structures” in their explanations including public policies, economic systems, and social hierarchies. Significant debate surrounds the explanatory relevance of these factors for various outcomes such as health, behavioral, and economic patterns. This paper provides a causal account of social structural explanation that is motivated by Haslanger (2016). This account suggests that social structure can be explanatory in virtue of operating as a causal constraint, which is a causal factor with unique characteristics. A novel causal framework (...) is provided for understanding these explanations–this framework addresses puzzles regarding the mysterious causal influence of social structure, how to understand its relation to individual choice, and what makes it the main explanatory (and causally responsible) factor for various outcomes. (shrink)

Recent philosophical work on causation has focused on distinctions across types of causal relationships. This paper argues for another distinction that has yet to receive attention in this work. This distinction has to do with whether causal relationships have “material continuity,” which refers to the reliable movement of material from cause to effect. This paper provides an analysis of material continuity and argues that causal relationships with this feature are associated with a unique explanatory perspective, are studied with distinct causal (...) investigative methods, and provide different types of causal control over their effects. (shrink)

The role of emotions in mental life is the subject of longstanding controversy, spanning the history of ethics, moral psychology, and educational theory. This paper defends an account of love’s cognitive power. My starting point is Plato’s dialogue, the Symposium, in which we find the surprising claim that love aims at engendering moral virtue. I argue that this understanding affords love a crucial place in educational curricula, as engaging the emotions can motivate both cognitive achievement and moral development. I first (...) outline the state of the challenge between dominant rival theories regarding emotions in learning. Next, I demonstrate how Platonic virtue ethics offers the most tenable prospect for an education of reason and emotion. Third, I sketch three practical ways educators might constructively engage emotions in the classroom. I conclude that love’s virtue is its peerless power to motivate the creative and lateral thinking which leads to moral development. (shrink)

In ‘Affectivity in Heidegger I: Moods and Emotions in Being and Time’, we explicated the crucial role that Martin Heidegger assigns to our capacity to affectively find ourselves in the world. There, our discussion was restricted to Division I of Being and Time. Specifically, we discussed how Befindlichkeit as a basic existential and moods as the ontic counterparts of Befindlichkeit make circumspective engagement with the world possible. Indeed, according to Heidegger, it is primarily through moods that the world is ‘opened (...) up’ and revealed to us as a world that is suffused with values and entities that already matter to us. In this companion essay, our aim is to expand our analysis of affectivity in the following ways: first, we revisit our discussion of Befindlichkeit in light of Heidegger's discussion of temporality in Division II of BT; second, we discuss the basic or fundamental mood of boredom and its ontological significance; we conclude by providing a brief characterization of how Heidegger's notion of mood changes in his later thinking. (shrink)

A recent wave of scholarship has challenged the traditional way of understanding of self-command in Adam Smith’s Theory of Moral Sentiments as ‘Stoic’ self-command. But the two most thorough alternative interpretations maintain a strong connection between self-command and rationalism, and thus apparently stand opposed to Smith’s overt allegiance to sentimentalism. In this paper I argue that we can and should interpret self-command in the context of Smith’s larger sentimentalist framework, and that when we do, we can see that self-command is (...) ‘sentimentalized’. I offer an interpretation of Smithian self-command, arguing that self-command has its motivational basis in the natural desire for the pleasure of mutual sympathy; that self-command is guided by the sentimental standard of propriety; and that self-command works through the psychological mechanism of the ‘supposed’ impartial spectator. And I show that Smithian self-command is a home-grown, sentimentalist virtue and not an awkward rationalistic transplant. (shrink)

This article interprets Teresa Brennan’s work on the forgetting of affect transmission in conjunction with Sylvia Wynter’s argument concerning the rise of Western Man through the dehumanization of native and African peoples. While not directly in dialogue, Wynter’s decolonial reading of Foucault’s epistemic ruptures enriches Brennan’s inquiry into this “forgetting,” given that callous, repeated acts of cruelty characteristic of Western imperialism and slavery required a denial of the capacity to sense suffering in others perceived as differently human. Supplementing Brennan with (...) Wynter, we can better describe the limits of sympathy discourses as resting on identification and perceived sameness. In turn, Brennan comes to Wynter’s defense in her call for a new science of plural cultures to redefine the human, which some have interpreted as a positivist misreading of Frantz Fanon. Brennan and Wynter alike have been criticized for their appeals to science; yet, I defend their respective proposals for social-scientific inquiry with support from Brennan’s response to the 1996 Sokal Hoax: the influence of the social on the biological body is, indeed, difficult to study, but this does not invalidate the inquiry as such. (shrink)

Academic misconduct is a prominent issue at postsecondary institutions. This issue includes the act of plagiarism, which has received considerable attention on campuses. There is a growing body of research examining why students engage in plagiarism, and what they know about plagiarism, but little of this research is guided by a theoretical framework. Although all students may be tempted to plagiarize, students in teacher education programs represent a unique population because they are concerned with developing their own academic performance alongside (...) the skills necessary to manage situations of academic misconduct as future teachers. Therefore, our first aim was to examine preservice teachers’ beliefs about plagiarism. Then, following the principles of Attribution Theory, our second aim was to investigate how beliefs of controllability related to acts of plagiarism impacted participants views on responsibility, emotions, help giving, and reporting. We used a within-person repeated measures design with three levels of controllability manipulated through hypothetical scenarios of plagiarism to collect data from 201 preservice teachers. Overall, preservice teachers had strong beliefs about plagiarism. Moreover, when scenarios included students who engaged in plagiarism that was controllable, participants were more likely to view the student as responsible, feel anger towards them, support punishment, and recommend reporting the student, than when the act of plagiarism was not seen as controllable. We provide recommendations for instructors and administrators for supporting students and highlight limitations and directions for future research. (shrink)

Phenomenology's central insight is that affectivity is not an inconsequential or contingent characteristic of human existence. Emotions, moods, sentiments, and feelings are not accidents of human existence. They do not happen to happen to us. Rather, we exist the way we do because of and through our affective experiences. Phenomenology thus acknowledges the centrality and ubiquity of affectivity by noting the multitude of ways in which our existence is permeated by our various affective experiences. Yet, it also insists that such (...) experiences are both revealing and constitutive of human nature. It is precisely this last point that marks an important distinction between a phenomenological study of affectivity and perhaps all others. For phenomenology, one cannot understand the nature of human existence without coming to terms with the character of affectivity and at the same time, one cannot come to terms with the character of affectivity without understanding the nature of human existence. Practical and social engagements, scientific endeavors, familial and political interactions are all predicted on the fact that we are beings who are capable of being affectively attuned to ourselves, to the world, and to others. In this entry, we discuss Martin Heidegger's and Jean-Paul Sartre's respective accounts of affectivity. In the first section, we present Heidegger's understanding of affective existence. In this context, we discuss the significance of moods and offer an analysis of the affective phenomena of fear, anxiety, and boredom. In the second section, we present an overview of Sartre's account of emotions and advance a Sartrean interpretation of fear and boredom. We conclude by raising some brief concerns with both accounts. (shrink)

Teresa Brennan was born in 1952 in Australia and died in South Florida, following a hit-and-run car accident in December 2002. In the ten years between her doctorate and her death, Brennan published five monographs, the most famous posthumously. The Transmission of Affect begins with a question that readers often remember: “Is there anyone who has not, at least once, walked into a room and ‘felt the atmosphere’?” Here and throughout her work, Brennan challenges the self-contained subject of Western modernity, (...) whose affects are presumed to be possessions of that self, underscoring the historical emergence of this egoic construction.I never met Teresa Brennan; I did not know her name until a decade after she... (shrink)

Life sciences and emerging technologies raise a plethora of issues. Besides practical, bioethical and policy issues, they have broader, cultural implications as well, affecting and reflecting our zeitgeist and world-view, challenging our understanding of life, nature and ourselves as human beings, and reframing the human condition on a planetary scale. In accordance with the aims and scope of the journal, LSSP aims to foster engaged scholarship into the societal dimensions of emerging life sciences (Chadwick and Zwart 2013) and via this (...) thematic series, the journal provides a podium for authors who intend to address concrete issues from a ‘continental philosophical’ perspective, which may in- clude (post)phenomenology, hermeneutics, dialectics, (post)structuralism, psychoanalysis, critical theory and similar approaches. The series aims to contribute to a diagnostics of the present and a prognostics of the future, focusing on critical normative challenges (such as embodiment, intimate technologies, social justice, biopower, nanomedicine, human enhancement and the anthropocene) and building on the work of key authors such as Hegel (1830), Heidegger (1953, 1953/1954), Bachelard (1938), Canguilhem (1975), Lacan (1966, 1969-1970/1991), Habermas (1968), Serres (1972), Foucault (1969), Žižek (2006/2009), Stiegler (2010), Sloterdijk (2001, 2009) and others, but targeting con- crete up-to-date events and case studies against the backdrop of broader developments within the techno-scientific culture. (shrink)

This essay provides an analysis of the role of affectivity in Martin Heidegger's writings from the mid to late 1920s. We begin by situating his account of mood within the context of his project of fundamental ontology in Being and Time. We then discuss the role of Befindlichkeit and Stimmung in his account of human existence, explicate the relationship between the former and the latter, and consider the ways in which the former discloses the world. To give a more vivid (...) and comprehensive picture of Heidegger's account of mood, we focus on the experience of anxiety by articulating both its function within fundamental ontology and, relatedly, its revelatory nature. We conclude by considering the place of emotions in Heidegger's thinking from this period. In a companion essay, ‘Affectivity in Heidegger II: Temporality, Boredom, and Beyond’, we complement our present analysis by revisiting the issue of affectivity in terms of Heidegger's discussion of temporality in Division II of Being and Time. We also expand our present discussion by considering the fundamental mood of boredom and other specific moods that Heidegger considers within his later thinking. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, offers (...) advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

In this article, I link Lisa Feldman Barrett's theory of constructed emotion1 to decolonial perspectives that also challenge this universality of affect in cross-cultural facial expressions. After first outlining some of the present-day political stakes of these questions, I turn to Sylvia Wynter on the "ethnoclass of Man" in Western modernity, where she asks: how were concepts of not only being, truth, power, and freedom but also affect—the intelligibility of one's feelings toward others—framed by histories of colonial violence and refusals (...) of imaginative identification?2 Wynter argues that the overrepresentation of the Western ethnoclass results in the naturalization of a limited and contingent mode of being as... (shrink)

In summaries of “best practices” for pedagogy, one typically encounters enthusiastic advocacy for metacognition. Some researchers assert that the body of evidence supplied by decades of education studies indicates a clear pedagogical imperative: that if one wants their students to learn well, one must implement teaching practices that cultivate students’ metacognitive skills. -/- In this dissertation, I counter that education research does not impose such a mandate upon instructors. We lack sufficient and reliable evidence from studies that use the appropriate (...) research design to validate the efficacy of metacognitive skill-building interventions (not just evaluate their relationship to learning outcomes). I argue that improved academic outcomes following these interventions aren’t necessarily mediated by increased metacognitive skills; rather, enhanced student performance can be accounted for by other factors that accompany metacognitive training, particularly the explicit provision of domain-specific knowledge. -/- On the way to this conclusion, I elaborate some complications and controversies surrounding “metacognition.” This is a sprawling and nebulous construct, which makes generalizations about its pedagogical value dubious from the outset. Moreover, it is unclear the extent to which the end goal of metacognitive skill-building (cognitive self-mastery, involving knowledge of and control over our own minds) is even possible, given our mental architecture; some cognitive scientists allege that we are subject to phenomenological illusions which make this seem more achievable than it actually is. -/- I also attempt to provide an account of how metacognitive skill-building could receive glowing endorsements from educators and education researchers, even though its conceptual and empirical underpinnings are flimsy. The error theory I offer identifies two major factors that may foster belief in the efficacy of metacognitive training: goalpost-shifting around the objective of such efforts, and motivated reasoning in defense of the desirable conclusion that educators can significantly reshape students’ minds and unlock their intellectual potential through simple pedagogical interventions. (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)

Martin Heidegger is often credited as having offered one of the most thorough phenomenological investigations of the nature of boredom. In his 1929–1930 lecture course, The Fundamental Concepts of Metaphysics: World, Finitude, Solitude, he goes to great lengths to distinguish between three different types of boredom and to explicate their respective characters. Within the context of his discussion of one of these types of boredom, profound boredom [tiefe Langweile], Heidegger opposes much of the philosophical and literary tradition on boredom insofar (...) as he articulates how the experience of boredom can be existentially beneficial to us. In this chapter, we undertake a study of the nature of profound boredom with the aim of investigating its place within contemporary psychological and philosophical research on boredom. Although boredom used to be a neglected emotional experience, it is no more. Boredom’s causal antecedents, effects, experiential profile, and neurophysiological correlates have become topics of active study; as a consequence, a proliferation of claims and findings about boredom has ensued. Such a situation provides an opportunity to scrutinize Heidegger’s claims and to try to understand them both on their own terms and in light of our contemporary understanding of boredom. (shrink)

ENGLISH ABSTRACT: This thesis is a philosophical exposition of violence informed by two theoretical positions which confront complexity as a phenomenon. These positions are complexity theory and deconstruction. Both develop systemsbased understandings of complex phenomena in which relations of difference are constitutive of the meaning of those phenomena. There has been no focused investigation of the implications of complexity for the conceptualisation of violence thus far. In response to this theoretical gap, this thesis begins by distinguishing complexity theory as a (...) general, trans-disciplinary field of study from critical complexity theory. The latter is used to develop a critique and criticism of epistemological foundationalism, emphasising the limits to knowledge and the normative and ethical dimension of knowledge and understanding. The epistemological break implied by this critique reiterates the epistemological shift permeating the work of, among others, Friedrich Nietzsche and Jacques Derrida. In this context, critical complexity theory begins to articulate the idea of violence on two levels: first, as an empirical, ethical problem in the system; and, secondly, as asymmetry and antagonism. Violence in this second sense is implicated in the dynamic relations of difference through which structure and meaning are generated in complex organisation. The sensitivity to difference and violence shared by critical complexity theory and deconstruction allows for the parallel reading of these philosophical perspectives; and for the supplementation and opening of critical complexity theory by deconstruction within the architecture of this thesis. This supplementation seeks to preserve the singularity of each perspective, while exploring the potential of their points of affinity and tension in the production of a coherent philosophical analysis of violence. Deconstruction offers a more developed understanding of violence and a wealth of related motifs: différance, framing, law, singularity, aesthetics and others. These motifs necessitate the inclusion of other philosophical voices, notably, that of Nietzsche, Arendt, Kant, Levinas, and Benjamin. In conversation with these authors, this thesis links violence to meaning, to its possibility, to its production and to the process by which meaning comes to change. Given these links, violence is conceptualised in relation to the notion of difference on three distinct levels. The first is the difference between elements in a complex system of meaning; the second is the notion of difference between systems or texts around which boundaries or frames can be drawn; and the third is the notion of difference between meaning and the absence of meaning. This discussion examines the relationship between this violence implicated in the constitution of meaning and the more colloquial understanding of violence as atrocity, as rape, murder and other socially, politically and ethically problematic expressions thereof. It is to empirical violence, following Derrida and Levinas, that we are called to respond and to intervene in the suffering of the other. The ethical and political necessity of response anchors this discussion of violence. And, it is towards the possibility of an adequate response – the possibility of an ethics sensitive to its own violence and a politics that is directed at the eradication of empirical violence – which this discussion navigates. (shrink)

Peter Geach’s distinction between logically predicative and logically attributive adjectives has gained a certain currency in philosophy. For all that, no satisfactory explanation of what an attributive adjective is has yet been provided. We argue that Geach’s discussion suggests two different ways of understanding the notion. According to one, an adjective is attributive just in case predications of it in combination with a noun fail to behave in inferences like a logical conjunction of two separate predications. According to the other, (...) an adjective is attributive just in case it cannot be applied in a truth-value-yielding fashion unless combined with a noun. The latter way of understanding the notion has been largely neglected by Geach’s critics, but we argue that taking account of it shows the misguided nature of some of their objections, and also yields a more satisfactory explanation of attributivity than does the other. (shrink)

Many aestheticians and ethicists are interested in the similarities and connections between aesthetics and ethics (Nussbaum 1990; Foot 2002; Gaut 2007). One way in which some have suggested the two domains are different is that in ethics there exist obligations while in aesthetics there do not (Hampshire 1954). However, Marcia Muelder Eaton has argued that there is good reason to think that aesthetic obligations do exist (Eaton 2008). We will explore the nature of these obligations by asking whether acts of (...) aesthetic supererogation (acts that go beyond the call of our aesthetic obligations) are possible. In this paper, we defend the thesis that there is good reason to think such acts exist. (shrink)

ArgumentIn the United States, scientific knowledge is brought before the courts by way of testimony – the testimony of scientific experts. We argue that this expertise is best understoodfirstas related to the quality of the underlying scienceand thenin terms of who delivers it. Bloodstain pattern analysis (BPA), a contemporary forensic science, serves as the vaulting point for our exploration of objectivity as a metric for the quality of a science in judicial contexts. We argue that BPA fails to meet the (...) minimal standard set by Helen Longino’s social-procedural account of objectivity (1990, 2002). In light of some pressing issues for social-procedural accounts, we offer an infrastructural account of objectivity. This account offers what amounts to a friendly amendment to Longino’s account and adds to the ways in which we might analyze social-procedural objectivity. Finally, we address an issue that is pressing in the legal context: given that scientific knowledge is delivered by individuals, not communities, at least in U.S. courts, we (may) need a way to evaluate individual scientific and epistemic agents. We suggest a means for making this evaluation that is derived from our infrastructural account of objectivity. (shrink)

We explain libertarian thought about family and children, including controversial issues in need of serious attention. To begin our discussion of marriage, we distinguish between procedural and substantive contractarian approaches to marriage, each endorsed by various libertarians. Advocates of both approaches agree that it is a contract that makes a marriage, not a license, but disagree about whether there are moral limits to the substance of the contract with only advocates of the substantive approach accepting such. Either approach, though, offers (...) advantages over the current licensing system, so we discuss paths from that to a contractarian system. We also discuss the concept of marriage itself, the ages of consent for marriage, sexual activity, and reproduction, as well as how marriages can be dissolved, and coercion that sometimes occurs in marriage. We then turn to children. We first discuss reproductive freedom and then discuss the moral relationship between children and parents, especially considering stewardship, propertarian, and best interests approaches (we also touch on anti-natalism). One of the biggest issues facing parents is how to properly raise and educate children; we discuss this in depth and consider the sort of schooling that should be offered in a free society. Since children lack the requisite ability to consent, they cannot choose their education; how to respond to this is of the utmost importance for libertarians. As we note, the same issue of consent looms large for many forms medical treatment of children. (shrink)

The focus of the article is the self-predication principle, according to which the/a such-and-such is such-and-such. We consider contemporary approaches (Frege, Russell, Meinong) to the self-predication principle, as well as fourteenth-century approaches (Burley, Ockham, Buridan). In crucial ways, the Ockham-Buridan view prefigures Russell’s view, and Burley’s view shows a striking resemblance to Meinong’s view. In short the Russell-Ockham-Buridan view holds: no existence, no truth. The Burley-Meinong view holds, in short: intelligibility suffices for truth. Both views approach self-predication in a uniform (...) way. We were unable to find a medieval philosopher who, like Frege, approaches self-predication in a non-uniform way. We do not want to dispute that there are also considerable differences between the contemporary and the fourteenth-century approach to self-predication. Importantly, fourteenth-century accounts of self-predication rely strongly on the identity theory of predication, and this theory is not endorsed by contemporary philosophers of language. Nevertheless, some basic tenets seem to us to be clearly shared between fourteenth-century and contemporary thinkers. (shrink)

Phenomenology, perhaps more than any other single movement in philosophy, has been key in bringing emotions to the foreground of philosophical consideration. This is in large part due to the ways in which emotions, according to phenomenological analyses, are revealing of basic structures of human existence. Indeed, it is partly and, according to some phenomenologists, even primarily through our emotions that the world is disclosed to us, that we become present to and make sense of ourselves, and that we relate (...) to and engage with others. A phenomenological study of emotions is thus meant not only to help us to understand ourselves, but also to allow us to see and to make sense of the meaningfulness of our worldly and social existence.Within the last few decades, the emotions have re-emerged more generally as a topic of great philosophical interest and importance. Philosophers, along with psychologists, cognitive scientists, and neuroscientists have engaged in inter- and intra-disciplina .. (shrink)

Strange Tools foregoes stolid conventions of professional philosophy, laudably broadening the book’s appeal to accommodate a popular audience. However, Noë’s manner of glossing over complex issues about art does not necessarily render these topics intelligible to philosophical novices. Instead, his oversimplifications will tend to confirm naïve notions that art is straightforward – a common misconception that a foray into philosophy of art ought to dispel, not corroborate.

Job burnout, organizational commitment, and work environment continue to be important areas of research to be studied in the realm of company employment and employee retention. Job burnout is the state of physical and emotional exhaustion and perceiving one’s profession as dull or overwhelming. Meanwhile, organizational commitment refers to the company’s attitude towards the organization and their employees, encompassing loyalty, moral responsibility, and their willingness to work. And lastly, work environment provides opportunities for employees to establish connections, develop skills, and (...) maximize their full potential in performing tasks. For the current study, researchers utilized descriptive-correlational research design to investigate the influence of Work Environment towards the job burnout and organizational commitment of BPO agents in selected companies in Bulacan, Philippines. Hence, Danish Psychosocial Work Environment Questionnaire (DPQ), Maslach Burnout Inventory - General Survey (MBI-GS), and the Three-Dimensional Model of Organizational Commitment Scale (ACS, NCS, CCS) were employed to properly assess the study's objectives. Multiple Linear Regression Analysis was performed to analyze the collected data. Based on the analysis, findings show that work environment has no significant influence on the job burnout and organizational commitment of BPO Agents. Furthermore, the results of this study were thoroughly evaluated, leading to an in-depth discussion. Based on the findings, recommendations were made to benefit the stakeholders of the study and contributeto the existing body of knowledge. (shrink)

The “scarred villain” trope, where facial differences like scars signify moral corruption, is ubiquitous in film (e.g., Batman’s The Joker). Strides by advocacy groups to undermine the trope, however, suggest cinematic representations of facial differences could be improving with time. This preregistered study characterized facial differences in film across cultures (US vs. India) and time (US: 1980-2019, India: 2000-2019). Top-grossing films by country and decade were screened for characters with facial differences. We found that the scarred villain trope has actually (...) worsened with time, although in tandem with progress in also representing non-villainous characters with facial anomalies. Country of origin did not predict the presence of facial differences in villains or heroes. “Action” and “fantasy” movies were the most likely genres to depict villains with facial differences. Finally, villains’ facial differences crossed more facial subunits and were more likely to involve lips, chin, and mandible than when present in heroes. Our findings underscore the need for critical reflection on the role of cultural practices—even when seemingly innocuous—in shaping and maintaining negative biases against already stigmatized groups. (shrink)

With the surge of the COVID-19 pandemic, online sellers faced challenges in managing their online business daily. Aside from it, their work-life balance has been negatively affected as well, considering that they work from home and are responsible for household responsibilities. Thus, this study is conducted during the pandemic and gathered data using a semi-structured interview through Messenger call. It is conducted to explore the lived experiences of online sellers and how they managed their online business and personal life. It (...) also determines the specific challenges they’ve encountered and how they coped with them. Lastly, this study aims to map out how these experiences will benefit online sellers and consumers and explain that online selling can be both sustainable and convenient in terms of earning a good living and meeting their daily needs. Moreover, three major conclusions emerged from this study’s findings: (1) online sellers faced psychological and physical difficulties in managing their online business during the pandemic, (2) online sellers discovered ways on how to cope with the struggles they are facing, and (3) online sellers reflected on their experience to be more effective in the online selling industry. (shrink)

We are addressing this letter to the editors of Philosophical Psychology after reading an article they decided to publish in the recent vol. 33, issue 1. The article is by Nathan Cofnas and is entitled “Research on group differences in intelligence: A defense of free inquiry” (2020). The purpose of our letter is not to invite Cofnas’s contribution into a broader dialogue, but to respectfully voice our concerns about the decision to publish the manuscript, which, in our opinion, fails to (...) meet a range of academic quality standards usually expected of academic publications. (shrink)

This letter addresses the editorial decision to publish the article, “Research on group differences in intelligence: A defense of free inquiry” (Cofnas, 2020). Our letter points out several critical problems with Cofnas's article, which we believe should have either disqualified the manuscript upon submission or been addressed during the review process and resulted in substantial revisions.

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)

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)

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)

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)

Review of Joseph Y. Halpern (ed.), Theoretical Aspects of Reasoning About Knowledge: Proceedings of the 1986 Conference (Los Altos, CA: Morgan Kaufmann, 1986),.

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)

This paper provides an empirical defense of credit theories of knowing against Mark Alfano’s challenges to them based on his theses of inferential cognitive situationism and of epistemic situationism. In order to support the claim that credit theories can treat many cases of cognitive success through heuristic cognitive strategies as credit-conferring, the paper develops the compatibility between virtue epistemologies qua credit theories, and dual-process theories in cognitive psychology. It also a response to Lauren Olin and John Doris’ “vicious minds” (...) thesis, and their “tradeoff problem” for virtue theories. A genuine convergence between virtue epistemology and dual-process theory is called for, while acknowledging that this effort may demand new and more empirically well-informed projects on both sides of the division between Conservative virtue epistemology (including the credit theory of knowing) and Autonomous virtue epistemology (including projects for providing guidance to epistemic agents). (shrink)

In the APA Newsletter on Feminism and Philosophy, Lauren Freeman (2014) advocates that faculty turn their classrooms into “safe spaces” as a method for increasing the diversity of philosophy majors. The creation of safe spaces is meant to make women and minority students “feel sufficiently comfortable” and thereby increase the likelihood that they pursue philosophy as a major or career. Although I agree with Freeman’s goal, I argue that philosophers, and faculty in general, should reject the call for turning (...) classrooms into “safe spaces.” I begin by distinguishing extra-curricular safe spaces from the classroom as a safe space. I then argue that although faculty should not object to extra-curricular safe spaces, they should reject curricular ones. I argue that the classroom as a safe space is currently an impractical and inappropriate goal given the nature of academic philosophy, and that encouraging students to think of classrooms as safe/unsafe does not facilitate learning. Nonetheless, I agree with Freeman that faculty should take steps to ensure that students from all backgrounds have the tools they need to be successful in the classroom. I further argue that faculty calls for safe spaces creates confusion concerning the educative environment one should expect to find at the majority of America universities. (shrink)

1 Introduction1 In the 1980s, hermeneutics was often incorporated into deconstructionism and literary theory. Rather than focus on authorial intentions, the nature of writing itself including codes used to construct meaning, socio-economic contexts and inequalities of power,2 Gadamer introduced a different perspective; the interplay between effects of history on a reader’s understanding and the tradition(s) handed down in writing. This interplay in which a reader’s prejudices are called into question and modified by the text in a fusion of understanding and (...) topic revitalized the study of the printed word. Gadamer’s turn to language for understanding the meaning of Being also appealed to the post-modern antipathy toward modernity and metaphysics.3 If the truth and validity of interpretations are limited to communities of language, then our mode of being in history cannot but be historical. This point of view rendered Gadamer’s phenomenological hermeneutics vulnerable to the critique of moral and epistemological relativism. However, Gadamer’s theory of interpretation also stems from re-examination of the beginning of knowledge in the Pre-Socratics and Plato, and on this basis, is receptive to another dimension of inquiry than that which was trending in North America. -/- At the East-West Center, University of Hawai’i at Manoa in 1982, Chung-ying Cheng for the first time introduced onto-hermeneutics to an audience of esteemed philosophers including Li Zehou, Ren Jiyu, Feng Youlan, and Zhang Liwen.4 In contrast to schools of deconstruction and literary theory that had disengaged the interpreter from trans-historical sources of meaning and truth, Cheng explained that interpreters exist within a cosmological order inextricable from responsibility to harmonize Heaven and Earth in creative acts of interpretation. By integrating Chinese cosmology into hermeneutics through ontology, he tacitly challenged philosophers in the West to re-examine assumptions about humanity’s place in nature and by implication, Gadamer’s recovery of the beginnings of knowledge in Western philosophy. -/- Cheng’s Neo-Confucianism is inspired by the method and goals of Thomé H. Fang. The following words by Fang seem to prefigure, although in an indistinct and bundled way, aspects of Cheng’s philosophy including a Mencian theory of human nature, comprehensive observation, and creativity: “In the very process of living in concord with creative Nature, Man is charged with an ideal to be fully realized in the light of the principle of comprehensive harmony.”5 Like Fang, Cheng reinvigorates Chinese culture and language, but not solely in order to vindicate the insights of Neo-Confucianism. He has studied Western thought, from pragmatism and the analytic school to German idealism and phenomenology, to unlock and clarify philosophical concepts within the Yijing tradition and thereby render them intelligible to Anglophones. The result has been an awakening of Western scholars to the moral and cultural consequences of decoupling their thought from metaphysical foundations that are neither dogmatic nor doctrinal. -/- Not unlike the dialectic of Gadamer’s dialogue form, onto-generative hermeneutics integrates contrary positions on the same topic in order to blend both sides into a world philosophy, or as Cheng says, a “totalizing or integrative theory,”6 not to be confused with a theoretical rewording of a theory. On the contrary, the universal scope and relevance of hermeneutics stems from personal experience. Just as Gadamer, in response to faction and strife, immersed himself in Plato during the war years, and developed a method with which to harmonize opposites, so too, according to On-cho Ng, was Cheng moved by faction, strife and political persecution to develop a path toward unity.7 Gadamer taught at McMaster University in Hamilton, Ontario, and Cheng at the University of Hawai’i at Manoa among other institutions in North America. They facilitated trans-continental educational and cultural ties. Similar experiences yield similar insights irrespective of differences of time and place. Hence, authors in this issue who reside in Europe, China and North America, delineate the differences between Gadamer and Cheng, yet also, in light of Cheng’s onto-generative method and cosmology, develop integrative theories. Due to the page-budget restriction of the publisher, certain articles of this special theme will be subsequently published in the next issue. -/- 2 Integrative Theory This special issue of The Journal of Chinese Philosophy confirms a dimension of hermeneutics that Cheng has both motivated and inspired. The contributors do not abide by the conviction that since thought is mediated by language, interpretations cannot transcend culture. On the contrary, their research exemplifies the fruits of trans-historical onto-dialogical hermeneutics within limits defined by their field inquiry, organized into Parts I and II, around three themes: language, the philosophy of history and ethics. -/- Andrew Fuyarchuk introduces the theme of ontology in relation to Gadamer’s turn to language. Fuyarchuk argues that Chung-ying Cheng’s criticism of Gadamer’s hermeneutics is informed by Heidegger’s concept of Dasein and thereby overlooks how Gadamer’s Platonic-Pythagorean problem of the division between the One and Many is harmonized in the event of language, which in turn positions Gadamer in proximity to the presupposed grounds of receptivity in Cheng’s onto-generative hermeneutics. Lauren Pfister’s contributing article addresses the year 2000 meeting between Cheng and Gadamer in Heidelberg and expands the transhistorical grounds of meaning in Gadamer to matters of theology. Pfister’s summary of the written Chinese record of their conversation indicates that Cheng does not address the role of Christian philosophy and hence, the role of the inner word in Gadamer’s hermeneutics. This is important not only for detecting changes in Cheng’s philosophical development, but also for modifying his hermeneutics along the lines of a living conversation, possibilities explored by Pfister in a sequel to the article submitted to this issue. Nevertheless, by raising the issue of how Gadamer’s turn to language for understanding the meaning of Being extends possibilities in Cheng’s thought, Pfister anticipates the article by Katarina Gajdosova. She returns to the roots of Chinese thought during the Warring States period and broadens the meaning of names in recently excavated texts. Contrary to the conventions about how to understand terms, she appeals to both Heidegger’s ontology and Cheng’s notion of receptivity and creativity to reinterpret naming in relation to cosmology. Along the same lines, insofar as the event of Being is lingual, Jay Goulding captures its emergent structure in an evolving community of scholars and scholarship. He recalls his philosophical journey toward Cheng’s philosophy that begins in conversations with Gadamer at McMaster University in Hamilton, leads to Heidegger and Asian thought, expands into turning points with teachers and colleagues from various backgrounds that by increments contributed to Goulding’s formulation of “Daoist phenomenology.” -/- Although differing traditions guide their inquiries and research, Cheng and Gadamer recall the wisdom of the past to ameliorate the fragmentation in contemporary life. This leads them to re-examine the origins of philosophy; historical roots and thus sources of creative re-interpretations East and West whose affinities are developed in contributions by Hyun Höchsmann and Friederike Assandri. Höchsmann assesses convergences and divergences in the origins of Chinese and Western philosophy (Confucius and Socrates, the Yijing and Pre-Socratics) that culminates in pairing Gadamer’s understanding of paideia in the context of Plato’s political cosmology in the Timaeus with moral and social cultivation in The Western Inscription. She delineates the limits of this comparison which in turn justifies introducing Vattimo’s notion of locality. Assandri’s comparative analysis moves between India and China, Buddhism and Tang Daoism. Based on Gadamer’s argument that writing detaches concepts from their cultural moorings, she defines and applies three levels of understanding in onto-generative hermeneutics to Buddhist terms that were assimilated into the Benji Jing and in so doing clarifies essential dimensions of Daoism. -/- Contributions by Stephen Palmquist and Nicholas Brasovan position Cheng in relation to Kant and Gadamer by way of Aristotle’s ethics respectively. On the one hand, Palmquist plots Cheng’s evolving criticism of Kant’s moral philosophy and draws on crucial dimensions of Gadamer’s hermeneutics to reposition that criticism in a constructive relation to Kant’s emphasis on the philosophical conditions of morality while also indicating how religious dimensions of his thought answer Cheng’s concerns for lived moral action. For Palmquist, Gadamer enables a constructive criticism of Cheng. On the other hand, Brasovan compares Cheng’s Yijing-based account of moral deliberation with Gadamer’s Aristotelian-based ethics and reasons that in contrast to Cheng, Gadamer’s hermeneutical consciousness is disengaged from practical knowledge. For Brasovan, Cheng is a constructive critic of Gadamer. Palmquist and Brasovan’s divergent angles on Gadamer and Cheng map onto a dialectic of contrast and complementarity that constitutes the inner logic of Cheng’s philosophy. In other words, Gadamer and Cheng ought to be read alongside one another for the sake of removing discrepancies and contradictions, which constitutes the organic structure of their thinking. -/- 3 Our Mode of Being in History Is Not Historical The conversations between Cheng and Gadamer in this issue of The Journal of Chinese Philosophy pivot on language, philosophy of history and ethics within a comparative framework of analysis, but also explore the grounds that make the comparisons possible. Those grounds are informed by Chinese cosmology, and function to wrest Gadamer from the shadow of Heideggerian facticity and reposition him within the range of Cheng’s ideas about our place in nature that is embedded in his question about how mind emerges from inorganic matter.8 -/- For Gadamer scholars of Heidegger, human finitude, our ownmost individuating death ensures that hermeneutics is always open to the other as other, always on the way toward understanding the meaning of Being. To arrest the process in a concept of “the Absolute” cannot but represent someone’s point of view, and thereby render hermeneutics indistinguishable from ideology. However, insofar as finitude is defined by them in terms of an onto-theological concept of immorality, finitude is a metaphysical concept consistent with epistemologies and confuse beings with the meaning of Being. As a result, the celebrated political value of hermeneutics to always be on the way toward an understanding of the meaning of Being admits subtle variations on the same worldview that are insufficiently self-critical. -/- Gadamer scholars of Heidegger are right. A transformation in ethos and opening to the meaning of Being depends on awareness of finitude. Yet this awareness does not yield openness to more of the same, i.e., discourse structurally incapable of coming to unity but instead, for both Gadamer and Cheng, openness to a distinctly different ontological dimension of reality. As Sandra Wawrytko and So-Seong Park indicate,9 this ontological dimension is prefigured in the experience of being-as-a-whole or the totality of all possible relations in both Chinese totemic shamanistic rituals,10 and Greek Dionysian festivals.11 Through these religious experiences human ethos and therefore consciousness is expanded and elevated from being centered on one’s ownmost concerns toward an affinity with all sentient beings from insects and plants to animals. The channel for this affinity is an auditory disposition and hence, the emotions, compassion, and feeling response. -/- The capacity for an auditory disposition, or as Gadamer calls it, listening consciousness to respond to the inter-relationality and therefore inherent balance of nature is developed through music, song and dance of the religious rituals and festivals. They facilitate the unity of mind with nature. This use of music, that transforms ordinary consciousness, explains Cheng’s emphasis on the receptivity of feeling response in comprehensive observation, and Gadamer’s emphasis on openness to the other in attunement. However, an auditory disposition characteristic of pre-literate oral cultures that reveals the “All” need not rely on religion. As theorists about the evolution of language have explained,12 modern languages preserve their pre-historical past in music or prosody. That is to say, the song and dance that revealed the totality of inter-related beings to an ethos of comprehensive observation and attunement toward beings in classical civilizations is retained in the back-and-forth movement or rhythm of the dialogue form. Our mode of being in history is a mode of being in nature – through the music of language. -/- While alerting the reader to the limits of a nominalist interpretation, Gadamer expresses the inner law of the nature as follows: “in perishing there is always becoming, and in becoming there is always perishing.”13 Considered in process, opposites generate and blend into each other. This law of nature applies to everything.14 Hence, in a manner comparable to Pfister’s concluding insights, onto-dialogical hermeneutics is not only open to discrete events of otherness but moreover, to the moving structure of reality expressed, as Gajdosova suggests, in the existential moment of naming. Considered as interplay of tension and resolution with a life of its own, the dialectic of a dialogue is self-similar to the way in which an organism grows (by instinct). There is, therefore, a sense in which the art of interpretation extends the human mind into the eternal cycles of nature such that we participate in the articulation of the inner telos/homeostasis toward which all beings strive and importantly for Gadamer scholars of Heidegger, within the material limits of energy to which our embodied minds are self-evidently subject. In mortality there is always immortality. (shrink)