In this paper, I expand my upon earlier linguistic research (Lian, 2023), which delved into the genre of abstracts from Western philosophical papers. I engage with the philosophical ramifications emanating from the guidelines established for crafting philosophy paper abstracts (Lian, 2023) and underscore their significance in the domain of academic philosophical writing. A pivotal focus of this research is to navigate the intricate philosophical challenges posed by cross-disciplinary investigations bridging applied linguistic statistics with philosophical paper composition, specifically, the nuanced interpretation (...) of linguistic findings in a manner palatable to philosophers. My exploration probes into the dynamics of various concepts within Inter-Disciplinary Research (IDR), highlighting the complexities in reconciling semantic intuitions related to the notions of "Method (M)" and "Conclusion (C)". I delineate three philosophical stances: (1) deferring to scientific authority, (2) recognizing domain-specific terminologies, and (3) interrogating peripheral scientific theories. I posit that these stances significantly influence the ways philosophers engage with and resolve the cross-disciplinary semantic and theoretical contentions stemming from the rhetorical structures of "Method (M)" and "Conclusion (C)". This work proposes avenues to attain either "theoretical coherence" or "disciplinary synthesis", thereby fostering enhanced cross-disciplinary collaboration and fortifying academic discourse across diverse fields. -/- Keywords: Inter-Disciplinary Research (IDR), Applied linguistics, Philosophical writing, Genre Analysis, Rhetorical Moves . (shrink)

Education fundamentally focuses on 'individuals', whose human value is rooted in the expression of 'self-identity'. This process is influenced by their social rank and linguistic culture, and within varied discourses and ideological communities, different 'self-identity values' emerge. This applies to all individuals, whether they are citizens or women, and encompasses complex social metaphysical questions. For instance, how do we define social identities such as poverty, disability, privilege, or femininity? 'Intuition' and 'common sense' often fail in such definitions, especially in recognizing (...) exceptions like gender identification, which challenges the distinctions between biological sex and gender identity. The paper analyzes 'Social Historical Structuralism' and ' Performative Theory' to see if they address the challenges of 'Essentialism'. It assesses both pluralism and monism and the autonomy of the 'true self' in educational philosophy's core concepts, grounded in the philosophy of self-identity. This study starts from female community perspectives, addressing women's disadvantaged status in social and linguistic structures and the impact of individualism on gender mainstreaming. This paper concludes by re-evaluating monistic approaches and considering the equitable recognition of community members' autonomy, underscoring the importance of self-identity in educational philosophy amidst the growing influence of identity politics in Western education. -/- Keywords: Self-Identity and Educational Philosophy, Social Metaphysics, Class and Identity, Ideology and Autonomy . (shrink)

Contentful Moral Perceptualists such as Audi (2013), Lord (2018), McNaughton (1988), McBrayer (2010a, 2010b), Cowan (2014, 2015), and Werner (2016, 2018) claim that moral propositions can serve as the content of perception for moral subjects. However, in my original interpretation, recent critics of moral perceptualism, such as Faraci (2015), Väyrynen (2018), and Chudnoff (2015), subtly suggest that it is more reasonable to claim that moral propositions are the content of cognition rather than perception. Faraci, Väyrynen, and Chudnoff argue that the (...) so-called "moral perception" posited by Contentful Moral Perceptualists is actually dominated by dominative moral principles, representing a psychological state inferred from principles. Therefore, these critics believe that the so-called "moral perception" lacks the non-inferential characteristic of genuine perceptual experience and is not true perception. This paper will evaluate whether the "contentful moral perceptual model" can respond to the challenges posed by these critics. I will provide a preliminary defense for an affirmative answer. -/- Keywords: Moral Perception, Phenomenal Contrast Method, Perceptual Content, Phenomenal Experience, Non-Inferential Characteristics of Perception . (shrink)

This paper delves into the significance and challenges of Artificial Intelligence (AI) ethics and justice in terms of Common Good and Well-being, fairness and non-discrimination, rational public deliberation, and autonomy and control. Initially, the paper establishes the groundwork for subsequent discussions using the Academia Sinica LLM incident and the AI Technology R&D Guidelines of the National Science and Technology Council(NSTC) as a starting point. In terms of justice and ethics in AI, this research investigates whether AI can fulfill human common (...) interests and welfare. Taking AI injustice as an example, I analyze the practical assessment of AI regarding regional, industrial, and social impacts. Further, this paper discusses the challenges of fairness and non-discrimination in AI, specifically addressing the issue of training on biased data, discussing the acquisition of bias by AI and post-processing supervision issues, and emphasizing the importance of rational public deliberation in this process. Then, this research examines the challenges and countermeasures the rational public faces in public deliberation, such as the importance of education in STEM scientific literacy and technological capabilities. Finally, in discussing AI and autonomy, I propose a 'Human-Centered Approach’ rather than relying solely on the 'Technological Utility Maximization' brought by AI to achieve substantial AI justice. -/- Keywords: AI Ethics and Justice, Fairness and Non-Discrimination, Biased Data Training, Public Deliberation, Autonomy, Human-Centered Approach . (shrink)

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

本研究將先介紹筆者的語言學碩士論文（連，2023），如何分析《東吳哲學學報》2017年至2021年西方哲學論文摘要語體的修辭語步特徵與提供寫作建議，並試圖從哲學圈內人的角度，對連（2023）的哲學寫作 建議進行批判性的反思，探討哲學教師或新手哲學家可以如何看待華文哲學論文摘要的寫作建議。接著，筆者將問題聚焦在跨領域學科（應用語言學統計結果與哲學論文寫作）之間的哲學問題，即——哲學家應如何看待語言學家 針對哲學論文的研究結果。筆者將考慮領域間研究（IDR）的語言與詞語概念關係。而藉由討論上述跨領域研究中語義直覺分歧的問題，筆者提出了三種可能的哲學態度：(1)服從科學權威、(2)尊重特定領域用詞、(3 )質疑邊緣科學理論。筆者認為，上述三種態度對於哲學家如何看待「方法(M)」和「結論(C)」這兩項跨領域語義概念分歧和可能理論分歧有著重要的影響。筆者希冀藉由提出相關解決方案來尋求「理論統一」或「領域整 合」的可行性，最終得以促進跨領域合作與跨學門間良好學術交流的互動成長。 -/- 關鍵詞：領域間研究（IDR）、應用語言學、哲學寫作、語體分析、修辭語步 .

本論文探討了經濟指標與經濟發展之間的相關性，著重於 GDP、購買力平 價（PPP）、經濟成長率、失業率等常見的經濟指標，並對台灣、日本、韓國、 美國和中國等國家的數據進行比較分析。研究發現，單一經濟指標無法全面反 映一國的經濟發展，需要結合多個指標來更準確地評估經濟狀況。論文也討論 了各國在經濟成長中的表現差異，以及貧富差距和失業率對經濟發展的影響， 並強調了購買力平價在跨國比較中的重要性。最後，文章指出在衡量經濟發展 時，除了 GDP，還應考慮收入分配及社會福祉等因素。 -/- 關鍵詞：經濟指標、國內生產毛額 (GDP)、購買力平價 (PPP)、經濟成長率、 失業率 .

有鑒於臺灣逐年受到中共「認知領域滲透作戰」的大量攻擊，本文針 對資安國防概念下位的認知戰層面，提出了臺灣可以採取與建立的新型應對 措施機制。本文主要係針對了中共認知滲透作戰作為評估對象，發展資安語 言學政策上的方針建議，期許容或可作為未來國防資訊安全的政策建言參照。 本文嘗試在較為硬理論的面向上，提供資安語言學文本探勘結合言談解構等 質性與量化工具盒整合分析的概括方法論。期許本文的研究結果，往後得以 使我方能組成相關跨領域專家團隊，來因應中共認知滲透作戰攻擊之挑戰。 -/- 關鍵詞：認知滲透作戰、大數據語料庫、資安語言學、文本探勘分析、敘事 語言解構 .

This study aimed to explore the rhetorical moves of article abstracts in Taiwanese Chinese philosophy journals. The most common theory for the discourse analysis of research abstracts is proposed by Hyland（2000）. Most of the research abstracts in the field of social sciences and natural sciences are composed of Hyland’s five rhetorical moves: introduction, purpose, method, results, and conclusion. Therefore, the question to be explored in this research is how to compose the rhetorical moves of abstracts of Chinese philosophy journal articles. (...) What is the frequency and order of each rhetorical move in the abstract of each paper? Do they reflect some particular type of distribution? Are there any rhetorical moves that occur exceptionally rarely? Does the abstract of research articles in Chinese philosophy journals apply the framework of the same five rhetorical moves? What are the conventions of the philosophy writing community reflected in the rhetorical moves of abstracts of academic journal articles in philosophy? -/- To answer the above questions, this research collected the abstracts of 18 papers from the representative Chinese philosophy journal "SOOCHOW JOURNAL OF PHILOSOPHICAL STUDIES " in Taiwan in the past five years (2017-2021) and used the five moves of Hyland（2000） one by one to answer the above questions. The rhetorical moves of each abstract were analyzed and presented in tables to show the frequency, order, and type of each rhetorical move. -/- The results of this study found that "method (M)" and "conclusion (C)" are not the rhetorical moves that constitute the abstract of articles in Taiwanese philosophy journals, but the rhetorical move "purpose (P)" is "necessary" to appear. In the Purpose move, the subject is usually "this article"; the verbs are "argue" or "inquire." Although "introduction (I)" is a "conventional" move, the total number of words in the introduction is the highest in the whole abstract. This study also shows rhetorical move variation of the abstracts of philosophy journal articles, reflecting the writing culture and conventions of the academic philosophy community. -/- Finally, this study proposes three teaching guidelines for abstract writing of academic papers in philosophy, which will be useful for philosophy scholars and graduate students to consult when writing and submitting abstracts of philosophy in conference or journal papers. -/- Keywords: philosophy, journal article, abstract, discourse analysis, rhetorical move . (shrink)

In light of Taiwan's extensive exposure to the Chinese Communist Party's "cognitive domain infiltration warfare," this paper proposes new response mechanisms and strategies for cybersecurity and national defense. The focus is primarily on assessing the CCP's cognitive infiltration tactics to develop policy recommendations in cybersecurity linguistics. These recommendations are intended to serve as a reference for future national defense and information security policies. Within the constraints of limited resources, this study attempts to provide an integrated analysis method combining qualitative and (...) quantitative tools. This method involves text mining in cybersecurity linguistics, focusing on "textual content" and incorporating discourse deconstruction. The aim is to enhance the success rate in identifying and defining contentious information in cognitive warfare, thereby offering policy suggestions. -/- Keywords: Cognitive Infiltration, Big Data Corpus, Cybersecurity Linguistics, Text Mining Analysis, Narrative Language Deconstruction. (shrink)

本文深入探討人工智慧（AI）於實現共同福祉與幸福、公平與非歧視、理性公共討論及自主與控制之倫理與正義重要性與挑戰。以中央研究院LLM事件及國家科學技術委員會（NSTC）AI技術研發指導方針為基礎，本文 分析AI能否滿足人類共同利益與福祉。針對AI不公正，本文評估其於區域、產業及社會影響。並探討AI公平與非歧視挑戰，尤其偏差數據訓練問題，及後處理監管，強調理性公共討論之重要性。進而，本文探討理性公眾於 公共討論中之挑戰及應對，如STEM科學素養與技術能力教育之重要性。最後，本文提出“以人為本”方法，非僅依賴AI技術效用最大化，以實現AI正義。 -/- 關鍵詞：AI倫理與正義、公平與非歧視、偏差數據訓練、公共討論、自主性、以人為本的方法.

The psychological and neurobiological processes underlying moral judgement have been the focus of many recent empirical studies1–11. Of central interest is whether emotions play a causal role in moral judgement, and, in parallel, how emotion-related areas of the brain contribute to moral judgement. Here we show that six patients with focal bilateral damage to the ventromedial prefrontal cortex (VMPC), a brain region necessary for the normal generation of emotions and, in particular, social emotions12–14, produce an abnor- mally ‘utilitarian’ pattern of (...) judgements on moral dilemmas that pit compelling considerations of aggregate welfare against highly emotionally aversive behaviours (for example, having to sacrifice one person’s life to save a number of other lives)7,8. In contrast, the VMPC patients’ judgements were normal in other classes of moral dilemmas. These findings indicate that, for a selective set of moral dilemmas, the VMPC is critical for normal judgements of right and wrong. The findings support a necessary role for emotion in the generation of those judgements. (shrink)

內容型道德感知主義者（Contentful Moral Perceptualists）： Audi (2013), Lord (2018), McNaughton (1988), McBrayer (2010a, 2010b), Cowan (2014, 2015), Werner (2016, 2018) 宣稱 道德命題(moral proposition)可以作為道德主體的感知內容(content of perception)。然而，在筆 者原創的詮釋下，晚近反駁道德感知主義的學者，如： Faraci (2015), Väyrynen (2018), Chudnoff (2015)，則隱約透露出以下想法：「與其宣稱道德命題是感知內容，不如宣稱道德 命題是認知信念內容(content of cognition)〕更為合理」。Faraci、Väyrynen、Chudnoff 都認為 「內容型道德感知主義者所謂的道德感知」背後其實是受到宰制型的道德原則（dominative moral principles）所主導的，是一種從原則所推論產生的心理狀態; 也因此，上述反駁者認為 「內容型道德感知主義者所謂的〔道德感知〕」缺乏貨真價實的感知經驗所具有的「非推論 的」(non-inferential)特徵，並不是真正的感知。本文將評估：「內容型的道德感知模型」是 否有辦法回應上述反駁者所提出的挑戰呢？ 筆者將為肯定的答案供提初步的辯護。 -/- 關鍵詞：道德感知、現象對比⽅法、感知內容、現象經驗、感知的非推論特徵.

This paper explores the correlation between economic indicators and economic development, focusing on common economic indicators such as GDP, Purchasing Power Parity (PPP), economic growth rate, and unemployment rate. It compares and analyzes data from Taiwan, Japan, South Korea, the United States, and China. The study finds that a single economic indicator cannot fully reflect a country's economic development and that multiple indicators must be considered to assess the economic situation more accurately. The paper also discusses differences in economic growth (...) among countries, the impact of income disparity and unemployment rates on economic development, and emphasizes the importance of PPP in cross-country comparisons. Finally, it points out that in addition to GDP, factors such as income distribution and social welfare should also be considered when evaluating economic development. -/- Keywords: Economic Indicators, Gross Domestic Product (GDP), Purchasing Power Parity (PPP), Economic Growth Rate, Unemployment Rate. (shrink)

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

This thesis is a defense of (a version of) moral perceptualism. Moral perceptualism (MP), as is generally understood, advocates the bold view that “moral properties can be perceptual content”; its supporters include Audi (2013, 2015), Lord (2018), McNaughton (1988), McBrayer (2010a, 2010b), Cowan (2015), and Werner (2016, 2020b). In support of MP, Werner (2016) bolsters what he calls ‘phenomenal contrast arguments(PCAs)’. According to PCAs, the best explanation for inter-subjective phenomenal contrast between two subjects facing the same moral situation is that (...) one subject has moral perceptual experience(s) of moral properties, whereas the other does not. If PCAs are sound, then MP can be justified (in that one subject does perceive moral properties). However, some powerful counterarguments against MP have been proposed by Väyrynen(2018), Reiland(2021), and Chudnoff(2015); each of them provides competing explanations for inter-subjective phenomenal contrast and argues that their explanations are more reasonable than PCAs. My purposes in this thesis are to ascertain (I) which explanation for inter-subjective phenomenal contrast is more reasonable; (II) (how) could moral perceptualists like Werner (2016, 2020b) properly reply to the counterarguments against MP？ Or is there any better alternative explanation that could support MP？ As regards (I), I will argue that Väyrynen’s(2018), Reiland’s(2021), and Chudnoff's (2015) alternative explanatory models for inter-subjective phenomenal contrast are not to be seen as competing explanations against the one provided by MP; rather, they are complementary to it. As regards (II), I argue that Väyrynen’s(2018), Reiland’s(2021), and Chudnoff's (2015) conterarguments against MP at most demonstrate that certain moral properties (e.g., rightness/ wrongness/goodness/badness) can’t be part of the perceptual content, but their arguments do not (or indeed cannot) rule out the possibility that moral salience can be properly construed as part of the perceptual content. In light of this, I argue that an alternative version of moral perceptualism, or what I call ‘moral salience perceptualism’, according to which “moral salience can be part of the perceptual content”, still remains alive and kicking in face of their counteraguments. Moreover, I argue that moral salience perceptualism is explanatorily superior to Werner’s (2016) version of MP in terms of explaining inter-subjective phenomenal contrast. -/- Keywords： moral perceptualism, phenomenal contrast, moral salience, moral experiences, moral judgments -/- . (shrink)

道德感知主義（moral perceptualism）主張「（至少有一些）道德性質（moral properties）可以是主體感知內容（perceptual content）的一部分」，其中的支持者包含了Audi （2013, 2015）; Lord （2018）; McNaughton （1988）; McBrayer （2010a, 2010b）; Cowan （2015）; Werner （2016, 2020b）。其中，Werner （2016）認為他所提出的「現象對比論證（Phenomenal Contrast Arguments, PCAs）」可以用來證立道德感知主義。此論證強調了某些道德情境中有「跨主體的現象對比」（inter-subjective phenomenal contrast）的存在；換句話說，兩個主體面對同一場景時，其經驗各別顯現出不同的現象特性/現象特徵（phenomenal character）。此論證認為對於「跨主體間的現象對比（inter-subjective phenomenal contrast）」的最佳解釋說明是兩個不同主體在道德感知經驗上有所差異(contrast in moral perceptual experience)。簡言之，根據此論證，跨主體的現象對比的最佳解釋是：某個主體感知到了道德性質，但另一個主體則缺乏這種感知。若此解釋成立，則其蘊含，主體的確可以感知到道德性質 （至少其中一個主體的確感知到了道德性質），也因此，道德感知主義就可以被證立。然而，Werner （2016）所擁護的現象對比論證與道德感知主義，卻遭受許多哲學家的質疑與抨擊，尤以Väyrynen（2018）; Reiland（2021）; Chudnoff（2015）等人為代表。他們也分別提供了各自對於「跨主體間的現象對比」的相競替代解釋方案，並嘗試論證他們的說法相較於Werner （2016）的道德感知主義解釋方案來得更有解釋效力、且更為合理。本篇論文的主要目標是，剖析與回應以下兩個問題：（I）上述質疑者的替代解釋方案是否說得通？它們是否較之道德感知主義的解釋方案來得更好呢？（ II）道德感知主義者是否能恰當回應質疑者的挑戰呢？倘若Werner （2016, 2020b）的說法不足以回應質疑者的話，道德感知主義者是否能夠有其他的解套方案呢？針對問題（I），筆者將論證，Väyrynen（2018）; Reiland（2021）; Chudnoff（2015）等人對於道德感知主義的質疑大致上言之成理，可和Werner （2016）的理論成為具有同等解釋力的相競解釋方案。但針對問題（II），筆者將指出Väyrynen（2018）; Reiland（2021）; Chudnoff（2015）等人頂多只能說明「對錯好壞」這類的整體道德性質（overall moral properties）無法作為感知的內容，但並未排除掉道德主體仍舊可以感知到「道德顯著性」（moral salience）這類初步確定道德性質（pro-tanto moral properties）的可能性。也因此，這並未排除一種本論文所擁護的改良版本的道德感知主義。根據此改良版本的道德感知主義，雖然對錯好壞這類的整體道德性質本身也許無法做為感知的內容，然而道德顯著性仍然可 以是感知內容。筆者將此改良版本稱之為「道德顯著性感知主義」(moral salience perceptualism)。為了突顯此版本的優點，筆者將進一步論述，此改良版的道德感知主義可以恰當地解釋跨主體間的現象對比（inter-subjective phenomenal contrast），並可規避原來Werner （2016）版本所招來的質疑。 -/- 關鍵詞：道德感知主義、現象對比論證、道德顯著性、道德經驗與道德判斷、道德教育 .

The importance of situational constraint for moral evaluations is widely accepted in philosophy, psychology, and the law. However, recent work suggests that this relationship is actually bidirectional: moral evaluations can also influence our judgments of situational constraint. For example, if an agent is thought to have acted immorally rather than morally, that agent is often judged to have acted with greater freedom and under less situational constraint. Moreover, when considering interpersonal situations, we judge that an agent who forces another to (...) act immorally (versus morally) uses more force. These two features can result in contradictory response patterns in which participants judge both that (1) a forcer forced a forcee to act and (2) the forcee was not forced by the forcer to act. Here, we characterize potential psychological mechanisms, in particular, “moral focus” and counterfactual reasoning that account for this paradoxical pattern of judgments. (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)

Encultured individuals see the behavioral rules of cultural systems of moral norms as objective. In addition to prescriptive regulation of behavior, moral norms provide templates, scripts, and scenarios regulating the expression of feelings and triggered emotions arising from perceptions of norm violation. These allow regulated defensive responses that may arise as moral idea systems co-opt emotionally associated biological survival instincts.

1. Over the last 50 years or so, and especially over the last few decades, the U.S. and many other societies have undergone a large, rapid, and broad decline in anti-gay attitudes. The magnitude, s...

In this position paper, we have used Alan Cooper’s persona technique to illustrate the utility of audio- and video-based AAL technologies. Therefore, two primary examples of potential audio- and video-based AAL users, Anna and Irakli, serve as reference points for describing salient ethical, legal and social challenges related to use of AAL. These challenges are presented on three levels: individual, societal, and regulatory. For each challenge, a set of policy recommendations is suggested.

Ambient assisted living technologies are increasingly presented and sold as essential smart additions to daily life and home environments that will radically transform the healthcare and wellness markets of the future. An ethical approach and a thorough understanding of all ethics in surveillance/monitoring architectures are therefore pressing. AAL poses many ethical challenges raising questions that will affect immediate acceptance and long-term usage. Furthermore, ethical issues emerge from social inequalities and their potential exacerbation by AAL, accentuating the existing access gap between (...) high-income countries and low and middle-income countries. Legal aspects mainly refer to the adherence to existing legal frameworks and cover issues related to product safety, data protection, cybersecurity, intellectual property, and access to data by public, private, and government bodies. Successful privacy-friendly AAL applications are needed, as the pressure to bring Internet of Things devices and ones equipped with artificial intelligence quickly to market cannot overlook the fact that the environments in which AAL will operate are mostly private. The social issues focus on the impact of AAL technologies before and after their adoption. Future AAL technologies need to consider all aspects of equality such as gender, race, age and social disadvantages and avoid increasing loneliness and isolation among, e.g. older and frail people. Finally, the current power asymmetries between the target and general populations should not be underestimated nor should the discrepant needs and motivations of the target group and those developing and deploying AAL systems. Whilst AAL technologies provide promising solutions for the health and social care challenges, they are not exempt from ethical, legal and social issues. A set of ELSI guidelines is needed to integrate these factors at the research and development stage. (shrink)

This booklet on Active Assisted Living (AAL) technologies has been created as part of the GoodBrother COST Action, which has run from 2020 to 2024. COST Actions are European research programs that promote collaboration across borders, uniting researchers, professionals, and institutions to address key societal challenges. GoodBrother focused on ethical and privacy concerns surrounding video and audio monitoring in care settings. The aim was to ensure that while AAL technologies help older adults and vulnerable individuals, their privacy and data protection (...) rights remain a top priority. This booklet is designed to guide you through the role that AAL technologies play in improving the quality of life for older adults, caregivers, and people with disabilities. AAL technologies offer tools for those facing cognitive or physical challenges. They can enhance independence, assist with daily routines, and promote a safer living environment. However, the rise of these technologies also brings important questions about data protection and user autonomy. (shrink)

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

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law (...) by explicitly proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

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

This qualitative case study investigates the environmental implications of tourist arrivals in Matabungkay Beach, Lian, and their impact on the destination image. Through in-depth interviews with seven key stakeholders, including local residents, business owners, and environmental activists, the study explores perceptions, concerns, and potential solutions regarding the intersection of tourism and environmental sustainability. Findings reveal a complex relationship between tourism and environmental degradation, with participants expressing concerns about poor waste management, impacts on destination image, and health concerns. These challenges not (...) only threaten the natural beauty and biodiversity of the area but also tarnish the destination's image, affecting its appeal to tourists and potential investors. Despite these challenges, participants highlight existing initiatives and potential solutions, including community-based conservation efforts, sustainable tourism practices, and enhanced regulations. Collaboration among stakeholders is emphasized as crucial for achieving a balance between tourism development and environmental preservation. The study underscores the need for comprehensive strategies includes formulated an ordinance for comprehensive waste management and pollution control ordinance to optimize the destination image of Matabungkay Beach while addressing its environmental challenges. By integrating sustainable practices and fostering community engagement, the destination can enhance its appeal while safeguarding its natural resources for future generations. (shrink)

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

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

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)

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)

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)

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

A Very Bad Wizard is a collection of delightful interviews or conversations conducted by philosopher Tamler Sommers. Sommers interviews an array of researchers--from psychologists to primatologists to philosophers--who all have one thing in common: their work has direct implications for the study of morality. The distinguished interviewees are Galen Strawson, Philip Zimabrdo, Franz De Waal, Michael Ruse, Joseph Henrich, Joshua Greene, Liane Young, Jonathan Haidt, Stephen Stich, and William Ian Miller. I read the book on my flights back to (...) the West Coast after picking it up a few days prior in Massachusetts. I simply couldn't put it down! It truly is--as Steven Pinker states in his blurb--both thought-provoking and entertaining. It is a lively way into some of the most fascinating interdisciplinary research on ethics--what often now goes under the heading "moral psychology.". (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)

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