Mutually adaptive interaction involves the robot as a partner as opposed to a tool, and requires that the robot is susceptible to similar environmental cues and behavior patterns as humans are. Recognition, or the acknowledgement of the other as individual, is fundamental to mutually adaptive interaction between humans. We discuss what recognition involves and its behavioral manifestations, and describe the benefits of implementing it in HRI.

This paper argues that relations of mutual recognition (love, respect, esteem, trust) contribute directly and non-reductively to our flourishing as relational selves. -/- Love is important for the quality of human life. Not only do everyday experiences and analyses of pop culture and world literature attest to this; scientific research does as well. How exactly does love contribute to well-being? This chapter discusses the suggestion that it not only matters for the experiential quality of life, or for successful (...) agency, but that it actualizes our nature as “relational selves” (Chen, Boucher & Kraus 2011). I defend a hybrid or pluralist theory, which sees humans not only as subjects of experiences, or agents, or valuers, but also as relational selves. Expanding from love to other interpersonal relations, thriving relations of mutual recognition (love, respect, esteem, trust), contribute directly and non-reductively to our flourishing as relational selves. The paper will start by putting forward the proposal (Section 2), and then discussing it in relation to important alternatives. The focus is on alternatives which hold that love, and other forms of mutual recognition, are important for well-being, but only indirectly. One kind of challenge against the constitutive role of relations to others for well-being comes from the traditional theories that accommodate relations in some indirect ways (Section 3). A second kind of challenge admits that perhaps love is central to well-being in a direct way, but do we have reason to believe that other forms of mutual recognition are as well? (Section 4) Yet another kind of challenge is that love matters for the quality of lives in some other way than contributing to its prudential value: love is good, but is it good for us? (Section 5) A fourth kind of challenge concerns what we are, and the nature of “essentialism” involved in the approach stressing relational selfhood: cannot, say, motherhood contribute to one’s good life even if motherhood is contingent and not essential? (Section 6). In debates on recognition the idea that mutual recognition is also relevant for well-being has been put forward, for example in Axel Honneth’s (1992, ch.9 ) ”formal” theory of good life. Whatever else constitutes good life, relations of recognition form its backbone (cf. Ikäheimo 2014). Surprisingly little however is written about mutual recognition and well-being in detail, or recognition in comparison to traditional theories of well-being. This chapter aims to fill some of that void, and at the same time defend the view that well-being is one of the normative notions with which mutual recognition has a constitutive relationship. (shrink)

The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the EU requires (...) an additional and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions. (shrink)

A substantial article length introduction to a collection on social ontology and mutual recognition.

This article explores how readers recognize their personal identities represented through data visualizations. The recognition is investigated starting from three definitions captured by the philosopher Paul Ricoeur: the identification with the visualization, the recognition of someone in the visualization, and the mutual recognition that happens between readers. Whereas these notions were initially applied to study the role of the book reader, two further concepts complete the shift to data visualization: the digital identity stays for the present-day (...) passport of human actions and the promise is the intimate reflection that projects readers towards their own future. This article reflects on the delicate meaning of digital identity and the way of representing it according to this structure: From Personal Identity to Media is a historical introduction to self-recognition, Data Visualization for Representing Identities moves the focus to visual representation, and The Course of Recognition breaks the self-recognition in through the five concepts above just before the Conclusion. (shrink)

ABSTRACT This paper examines the question of whether recognition relations are based on trust. Theorists of recognition have acknowledged the ways in which recognition relations make us vulnerable to others but have largely neglected the underlying ‘webs of trust’ in which such relations are embedded. In this paper, I consider the ways in which the theories of recognition developed by Jürgen Habermas and Axel Honneth, not only point to our mutual vulnerability but also implicitly rely (...) upon mutual relations of trust. The paper first offers a novel examination of the relation between recognition, vulnerability and trust in Habermas’ account of communicative action with the aim of arguing that such a consideration helps to elucidate important features of recognition. My claim is that a consideration of the dynamics of recognition and vulnerability in language-use, leads to an acknowledgment of the forms of trust that not only underpin communicative action, but recognition more generally. I conclude by considering the elements that are underplayed in Habermas’ account by turning to an examination of Axel Honneth’s alternative affective theory of recognition, specifically considering the interrelation between vulnerability and recognition. In doing so, I also turn to a consideration of the kind of trust that must be assumed in Honneth’s account of mutual recognition and point to a recognitive notion of trust. (shrink)

n this article I address the idea that recognition is fundamentally ambivalent: not only can there be bad forms of recognition – misrecognition, nonrecognition, disrespect – but that even the good or adequate forms of recognition may in some ways be detrimental to the recipient or sustain societal domination (Ikäheimo, Lepold, Stahl 2021). One version of the challenge is that social movements do better by focusing on other concepts than recognition, for their progressive aims. I will (...) discuss the non-consequentialist nature of adequacy of recognition, value pluralism, the rewards of submissiveness, dialectical progression to adequate recognition, and “ambivalence of being” as providing partial explanations for the ambivalence of recognition, while arguing that adequate recognition is only contingently ambivalent. By discussing these challenges, I continue to articulate a conception of mutual recognition and misrecognition that I have developed earlier (Laitinen 2002, 2003, 2010, 2012, Ikäheimo & Laitinen 2007). (shrink)

This study compares Philip Pettit’s account of freedom to Hegelian accounts. Both share the key insight that characterizes the tradition of republicanism from the Ancients to Rousseau: to be subordinated to the will of particular others is to be unfree. They both also hold that relations to others, relations of recognition, are in various ways directly constitutive of freedom, and in different ways enabling conditions of freedom. The republican ideal of non-domination can thus be fruitfully understood in light of (...) the Hegelian structure of ‘being at one with oneself (Beisichsein) in another’. However, while the Hegelian view converges with Pettit on non-domination and recognition, their comprehensive theories of freedom are based on radically different metaphysics. One key difference concerns the relationship between freedom and nature, and there is a further difference between Pettit’s (ahistorical) idea of the concept dependence of freedom, and the Hegelian (historical) idea of the conception dependence of freedom. -/- Keywords: Pettit; Hegel; freedom; non-domination; mutual recognition; republicanism; ‘being at one with oneself’; social freedom. (shrink)

`Due recognition is a vital human need', argues Charles Taylor. In this article I explore this oft-quoted claim from two complementary and equally appealing perspectives. The bottom—up approach is constructed around Axel Honneth's theory of recognition, and the top—down approach is exemplified by T. M. Scanlon's brief remarks about mutual recognition. The former can be summed up in the slogan `wronging by misrecognizing', the latter in the slogan `misrecognizing by wronging'. Together they provide two complementary readings (...) of the claim that due recognition is a vital human need: one starts from needs, shows how we have a multifarious need for adequate recognition and builds up to a view about wronging; the other starts from wronging and discusses the kind of interest or need that we have of standing in relations where wronging is absent. (shrink)

What is recognition and why is it so important? This book develops a synoptic conception of the significance of recognition in its many forms for human persons by means of a rational reconstruction and internal critique of classical and contemporary accounts. The book begins with a clarification of several fundamental questions concerning recognition. It then reconstructs the core ideas of Fichte, Hegel, Charles Taylor, Nancy Fraser, and Axel Honneth and utilizes the insights and conceptual tools developed across (...) these chapters for developing a case for the universal importance of recognition for humans. It argues in favour of a universalist anthropological position, unusual in the literature on recognition, that aims to construe a philosophically sound basis for a discourse of common humanity, or of a shared human life-form for which moral relations of recognition are essential. This synthetic conception of the importance of recognition provides tools for articulating deep intuitions shared across cultures about what makes human life and forms of human co-existence better or worse, and thus tools for mutual understanding about the deepest shared concerns of humanity, or of what makes us all human persons despite our differences. -/- Recognition and the Human Life-Form will appeal to readers interested in philosophical anthropology, social and political philosophy, critical theory, and the history of philosophy. It also provides ideas and conceptual tools for fields such as anthropology, education, disability studies, international relations, law, politics, religious studies, sociology, and social research. (shrink)

Congdon (2017), Giladi (2018), and McConkey (2004) challenge feminist epistemologists and recognition theorists to come together to analyze epistemic injustice. I take up this challenge by highlighting the failure of recognition in cases of testimonial and hermeneutical injustice experienced by victims of sexual harassment and sexual assault. I offer the #MeToo movement as a case study to demonstrate how the process of mutual recognition makes visible and helps overcome the epistemic injustice suffered by victims of sexual (...) harassment and sexual assault. I argue that in declaring “me too,” the epistemic subject emerges in the context of a polyphonic symphony of victims claiming their status as agents who are able to make sense of their own social experiences and able to convey their knowledge to others. (shrink)

In this introductory paper, I discuss the second-personal approach to ethics and the theory of recognition as two accounts of the fundamental sociality of the human form of life. The first section delineates the deep affinities between the two approaches. They both put a reciprocal social constellation front and center from which they derive the fundamental norms of moral and social life and a social conception of freedom. The second section discusses three points of contrast between the two approaches: (...) The accounts differ in that the second-personal approach opts for a narrower conception of recognition focusing on mutual moral accountability, whereas recognition theory suggests a broader conception including relations of love, respect, and esteem. Secondly, the accounts differ as to how they conceive of the interrelation of the I-thou and the I-We relationship. Finally, they differ with regard to the way they think of struggles for recognition. Whereas the second-personal approach suggests that we can understand struggles on the basis of a transcendental infrastructure of second-personal address, the theory of recognition considers norms of recognition as themselves constituted by dialectical social struggles. The paper closes with a reflection on the ways in which both approaches can help us understand the social vulnerability of the human form of life. (shrink)

In this article, I argue that Hegel’s concept of recognition and Levinas’ concept of responsibility complement each other and lead to the idea of an asymmetrical reciprocity in which the origin of our social relations is not mutual equality, but rather mutual inequality. I will unfold this argument in three steps. I will first work out a fundamental asymmetry of recognition in Hegel by means of the figure of the bondsman before elucidating in a second step (...) the asymmetry of responsibility in Levinas by means of the figure of the hostage. In the last and third step, I will correlate both asymmetries and show how far the asymmetry of recognition and the asymmetry of responsibility constantly develop from and transition into one another in our social relationships. (shrink)

Many interpreters argue that irrational acts of exchange can count as rational and civic-minded for Hegel—even though, admittedly, the persons who are exchanging their property are usually unaware of this fact. While I do not want to deny that property exchange can count as rational in terms of ‘mutual recognition’ as interpreters claim, this proposition raises an important question: What about the irrationality and arbitrariness that individuals as property owners and persons consciously enjoy? Are they mere vestiges of (...) nature in Hegel’s system, or do they constitute a simple yet valid form of freedom that is not only a part of Hegel’s rational system of right, but its necessary starting point? I will argue the latter: The arbitrary, purely egoist self-definition of property owners is the simplest possible type of freedom for Hegel, which he dissects in order to show how the very arbitrary self-definition implicitly relies on an identity between persons, and hence foreshadows the more social forms of freedom Hegel will discuss later in his book. I make this argument by highlighting Hegel’s references to his discussion of atoms and freedom in his Logic of Being. (shrink)

Metaethical constructivism aims to explain morality’s authority and relevance by basing it in agency, in a capacity of the creatures who are in fact morally bound. But constructivists have struggled to wring anything recognizably moral from an appropriately minimal conception of agency. Even if they could, basing our reasons in our individual agency seems to make other people reason-giving for us only indirectly. This paper argues for a constructivism based on a social conception of agency, on which our capacity to (...) recognize ourselves as having reasons ties us inescapably to others. It argues that mutual recognition is a pervasive feature of linguistic concepts, and builds this into a view called transformative expressivism. (shrink)

The status of being a subject, a self and being self-aware of it, is to be interpreted here through the process of the child‘s role play with the doll: By speaking to the doll, this inanimate being is seen as animate and becoming the alter ego of the child. Communicating with it thus means that the child speaks to it- self. It has thus established a — so to speak 'tautological‘ — self-relationship, a behavior in which it encounters only figures (...) of itself. This effect of reflexive tautologization, as I would like to say briefly, is decisive: The individual does not gain a self be- cause he puts himself in the other´s place — think of G.H. Mead — but because he rather eliminates the moment of otherness by means of reflexive tautologization and thus, in tautological self-execution, constitutes himself as self and ultimately as self- consciousness: role-playing as the self-fulfilling design of self- hood. Implicated thereby is, according to my argument, that the self-interpretation of the subject as free or as determined is essentially to be conceived as a self-fulfilling design — free is he who (with all conditionalities) 'designs' himself as free. And in turn, the demand for mutual recognition of the subjects results from this as well. ************************************************************************************************* Der Status, ein Subjekt, ein Selbst und dessen sich selbst bewusst zu sein, soll hier am Vorgang des kindlichen Rollenspiels mit der Puppe gedeutet werden: lndem das Kind zur Puppe spricht, kann dieses an sich Leblose begeistet und zum Alter Ego werden. Mit ihm kommunizieren bedeutet somit, dass das Kind vielmehr zu sich selbst spricht. Es hat damit ein — gleich- sam 'tautoIogisches‘ — Selbstverhältnis hergestellt, ein Verhal- ten, in dem ihm nur Gestalten seiner selbst begegnen. Dieser Effekt reflexiver Tautologisierung, wie ich kurz sagen möchte, ist entscheidend: Das lndividuum gewinnt nicht deshalb ein Selbst, weil es sich in den Andern versetzt — man denke an G.H. Mead —, sondern weil es vermittels reflexiver Tautologi- sierung das Moment der Andersheit vielmehr eliminiert und sich so, im tautologischen Selbstvollzug, als Selbst und letztlich als Selbst-Bewusstsein konstituiert: Rollenspiel als sich selbst er- füllender Entwurf von Selbstsein. lmpliziert ist damit, so mein Argument, dass die Selbstdeutung des Subjekts als frei oder als determiniert, essentiell als selbsterfüllender Entwurf zu be- greifen ist — frei ist, wer sich (bei allen Bedingtheiten) als frei 'entwirft'. Und im Gegenzug ergibt sich die Forderung wechsel- seitiger Anerkennung der Subjekte ebenso daraus. (shrink)

Social innovations are usually understood as new ideas, initiatives, or solutions that make it possible to meet the challenges of societies in fields such as social security, education, employment, culture, health, environment, housing, and economic development. On the one hand, many citizen science activities serve to achieve scientific as well as social and educational goals. Thus, these actions are opening an arena for introducing social innovations. On the other hand, some social innovations are further developed, adapted, or altered after the (...) involvement of scientist-supervised citizens in research and with the use of the citizen science tools and methods such as action research, crowdsourcing, and community-based participatory research. Such approaches are increasingly recognized as crucial for gathering data, addressing community needs, and creating engagement and cooperation between citizens and professional scientists. However, there are also various barriers to both citizen science and social innovation. For example, management, quality and protection of data, funding difficulties, non-recognition of citizens’ contributions, and limited inclusion of innovative research approaches in public policies. In this volume, we open theoretical as well as empirically-based discussion, including examples, practices, and case studies of at least three types of relations between citizen science and social innovation: domination of the citizen science features over social innovation aspects; domination of the social innovation features over the citizen science aspects; and the ways to achieve balance and integration between the social innovation and citizen science features. Each of these relationships highlights factors that influence the development of the main scales of sustainability of innovations in the practice. These innovations are contributing to a new paradigm of learning and sharing knowledge as well as interactions and socio-psychological development of participants. Also, there are factors that influence the development of platforms, ecosystems, and sustainability of innovations such as broad use of the information and communications technologies including robotics and automation; emerging healthcare and health promotion models; advancements in the development and governance of smart, green, inclusive and age-friendly cities and communities; new online learning centers; agri-food, cohousing or mobility platforms; and engagement of citizens into co-creation or co-production of services delivered by public, private, non-governmental organizations as well as non-formal entities. (shrink)

Several conflict theorists have appropriated Hegel’s ‘struggle for recognition’ to highlight the healthy dimensions of conflict and to explore ways of reaching reconciliation through mutual recognition. In so doing, some scholars attend to the interpersonal dimension of reconciliation, while others focus on the interstate dimension of reconciliation. This paper argues that both approaches miss important Hegelian insights into the modern state. Hegel understands that freedom must be situated and bounded in order to take a concrete form. He (...) believes that concrete freedom and domestic reconciliation create an atmosphere that can pressure the state to be more confrontational with other states by attaining a stronger individuality. Thus, the common concern about freedom among Hegelian states remains a ‘thin’ version of communication, vulnerable to such factors as national honor or recognition status. Hegel’s challenge urges peace-inspired scholars to explore ways of achieving concrete freedom and domestic reconciliation while simultaneously relieving interstate conflict. (shrink)

While the idea that philosophy requires self-transformation is historically pervasive, it exerts considerable influence on the post-Kantians who first aim to systematize Kant’s idealism by grounding it on a first principle. In the 1790s, Fichte and Schelling offer competing accounts of the self-transformation that they regard as essential to positing a first principle. Their accounts raise two central questions. First, what makes this kind of self-transformation possible? Second, are there different possible expressions of philosophical self-transformation? In what follows, I will (...) articulate the Fichtean and Schellingian answers to these central questions. For Fichte, the one who summons me to posit a first principle makes possible my philosophical self-transformation, although the latter has an exclusively idealist expression in that I can only genuinely posit the I as first principle, which is to say that philosophical self-transformation depends on mutual recognition and vindicates precisely one philosophical system (Section 1). For Schelling, a brute act of will makes possible my philosophical self-transformation, although the latter has either an idealist or a realist expression in that I can genuinely posit either the I or the not-I as first principle, which is to say that philosophical self-transformation does not depend on mutual recognition and vindicates one of two possible philosophical systems (Section 2). Thus, whereas Fichtean self-transformation is recognitive and non-pluralistic, Schellingian self-transformation is pluralistic and non-recognitive. I conclude with a discussion of how Jacobi poses a challenge to Fichte’s and Schelling’s answers to the two central questions (Section 3). (shrink)

This working paper examines the notion of "immanent critique", a central methodological commitment of critical theories of society. In the first part, I distinguish immanent critique - a critique which reconstructs norms immanent in a social practice which point beyond the normative self-understanding of its members - from both external and internal critique and examine three questions that a theory of immanent critique has to answer (a social ontological, an epistemological and a justificatory question). After surveying some of the classic (...) accounts of immanent critique in part two, I then distinguish two varieties of immanent critique, a hermeneutic and a practice-theoretic approach. Drawing on theories in recent analytic philosophy, I finally argue for a practice-theoretic approach to immanent critique that locates the relevant norms in a practice constituted by mutual recognition. (shrink)

This book argues that moral philosophy should be based on seven scientific principles of theory selection. It then argues that a new moral theory—Rightness as Fairness—satisfies those principles more successfully than existing theories. Chapter 1 explicates the seven principles of theory-selection, arguing that moral philosophy must conform to them to be truth-apt. Chapter 2 argues those principles jointly support founding moral philosophy in known facts of empirical moral psychology: specifically, our capacities for mental time-travel and modal imagination. Chapter 2 then (...) shows that these capacities present human decisionmakers with a problem of diachronic rationality that includes but generalizes beyond, L.A. Paul’s problem of transformative experience: a problem that I call “the problem of possible future selves.” Chapter 3 then argues that a new principle of rationality—the Categorical-Instrumental Imperative—is the only rational solution to this problem, as it requires our present and future selves to forge and uphold a recursive, bi-directional contract with each another given mutual recognition of the problem. Chapter 4 then shows that the Categorical-Instrumental Imperative has three identical formulations analogous but superior to Immanuel Kant’s various formulations of his ‘categorical imperative.’ Chapter 5 shows that these unified formulas jointly entail a particular test of moral principles: a Moral Original Position similar to John Rawls’ famous ‘original position’, but which avoids a variety of problems with Rawls' model. Chapter 6 then shows that the Moral Original Position generates Four Principles of Fairness, which can then be combined into a single principle of moral rightness: Rightness as Fairness. This new conception of rightness is shown to reconcile four dominant moral frameworks (deontology, consequentialism, virtue ethics, and contractualism), as well as entail a new method of moral decisionmaking for applied ethics: a method of “principled fair negotiation” according to which applied ethical issues cannot be wholly resolved through principled debate, but must instead be resolved by actual negotiation and compromise. This method is then argued to generate novel, nuanced analyses of a variety of applied moral issues, including trolley cases, torture, and the ethical treatment of nonhuman animals. Chapter 7 then shows that Rightness as Fairness reconciles three leading political frameworks—libertarianism, egalitarianism, and communitarianism—showing how all three embody legitimate moral ideals that can, and should, be fairly negotiated against each other to settle the scope, and nature, of domestic, international, and global justice on an ongoing, iterated basis. Finally, Chapter 8 argues that Rightness as Fairness satisfies all seven of the principles of theory-selected defended in Chapter 1 more successfully than rival theories. (shrink)

English title: The Right to be Punished: On Kant and Hegel's theories of punishment as respect for the criminal -/- The article discusses Kant and Hegel's theories of punishment in light of their broader legal philosophies. The purpose of punishment, and law in general, is to secure mutual freedom and mutual recognition. Punishment is a way of expressing respect for the freedom of the criminal, as well as the freedom of victims and all members of society. Though (...) it might seem odd that imprisoning somebody means respecting their freedom, Hegel famously insists that punishment is a right for the criminal. The article explains how punishment may respect mutual freedom, and defends the claim that this is a necessary condition for just punishment. However, the purpose of re-establishing mutual freedom may possibly be achieved by other methods than punishment. The article discusses the potential of restorative justice processes for expressing the kind of mutual recognition that Hegel ascribes to punishment. Punishment is therefore not necessary for achieving the just purpose that Kant and Hegel ascribe to it. We may thus accept the Kantian-Hegelian framework for the just sanctioning of crime while challenging their more controversial claim that punishment is a categorical imperative. (shrink)

Most opponents of somatic cell nuclear transfer and embryonic stem cell technologies base their arguments on the twin assertions that the embryo is either a human being or a potential human being, and that it is wrong to destroy a human being or potential human being in order to produce stem cell lines. Proponents’ justifications of stem cell research are more varied, but not enough to escape the charge of obsession with the status of the embryo. What unites the two (...) warring sides in ‘the stem cell wars’ is that women are equally invisible to both: ‘the lady vanishes.’ Yet the most legitimate property in the body is that which women possess in their reproductive tissue and the products of their reproductive labour. By drawing on the accepted characterisation in the common law of property as a bundle of rights, and on a Hegelian model of contract as mutual recognition, we can lessen the impact of the tendency to regard women and their ova as merely receptacles and women’s reproductive labour as unimportant. (shrink)

The ethical philosophy of Emmanuel Levinas is typically associated with a punishing conception of responsibility rather than freedom. In this chapter, our aim is to explore Levinas’s often overlooked theory of freedom. Specifically, we compare Levinas’s account of freedom to the Kantian (and Fichtean) idea of freedom as autonomy and the Hegelian idea of freedom as relational. Based on these comparisons, we suggest that Levinas offers a distinctive conception of freedom—“finite freedom.” In contrast to Kantian autonomy, finite freedom constitutively involves (...) standing in certain social relations with others. And in contrast to Hegelian relational freedom, the social relations involved in finite freedom are not defined by mutual recognition, but by feelings of separation and even antagonism. Along the way, we promote a reading Levinas’s Totality and Infinity as a Hegel-style story of Bildung (development), and show how, on Levinas’s view, freedom can develop or mature in the life of the individual. (shrink)

Beauvoir discusses various kinds of personal love in her work, including maternal love, lesbian love, friendship, and heterosexual love. In her portrayal of heterosexual love, she draws a distinction between two main types, inauthentic and authentic. Authentic love is “founded on mutual recognition of two liberties,” always freely chosen and sustained. It requires that the lovers maintain their individuality, while at the same time acknowledging each other’s differences. Inauthentic love is founded on inequality between the sexes, on submission (...) and domination. It prevents both women and men from experiencing freedom, comradeship and the joy of loving. This distinction is, I argue, applicable also to other types of love. Unlike Sartre, Beauvoir believes authentic love is possible. I contrast their respective views. Towards the end, I consider Beauvoir’s idea of authentic love in light of her concept of moral freedom, and argue that Beauvoir’s authentic love foreshadows feminist notion of “relational autonomy.”. (shrink)

A recent attitudinal change towards animals has led many people to recognize their family structures as multispecies families, that is, a family composed of human members and animals of other species, united by affective ties, and solidarity, in a horizontal relationship, and even where there is mutual recognition. This social phenomenon requires that the legal concept of family, which today more than ever accepts the plurality of family structures, also includes multispecies families. The protection of multispecies families is (...) necessary and possible if one considers that in Latin America today, a post-positivist legal system prevails that is aimed at protecting fundamental rights and freedoms. This legal system allows for a broad interpretation of rights such as the right to free development of personality and the right to family integrity, rights that already serve as foundational for the recognition and protection of multispecies families in Latin America. (shrink)

In this paper, we theoretically address the relevance of unintentional and inconsistent interactional elements in human–robot interactions. We argue that elements failing, or poorly succeeding, to reproduce a humanlike interaction create significant consequences in human–robot relational patterns and may affect human–human relations. When considering social interactions as systems, the absence of a precise interactional element produces a general reshaping of the interactional pattern, eventually generating new types of interactional settings. As an instance of this dynamic, we study the absence of (...) metacommunicative abilities in social artifacts. Then, we analyze the pragmatic consequences of the aforementioned absence through the lens of Paul Watzlawick’s interactionist theory. We suggest that a fixed complementary interactional setting may be produced because of the asymmetric understanding, between robots and humans, of metacommunication. We highlight the psychological implications of this interactional asymmetry within Jessica Benjamin’s concept of “mutual recognition”. Finally, we point out the possible shift of dysfunctional interactional patterns from human–robot interactions to human–human ones. (shrink)

Baptism has been a focus of significant discussion in the ecumenical movement, as the different churches seek a common understanding of Baptism, with the goal of mutual recognition. The Orthodox Church has been involved in these conversations from the beginning. The present article is an attempt to trace the participation of the Orthodox representatives in these dialogues on Baptism, both at the level of the World Council of Churches and in bilateral dialogues. It explains the Orthodox understanding of (...) Baptism as a Sacrament, how this understanding is reflected (or not) in ecumenical agreements on Baptism. It will also review official Orthodox responses to some of these agreements. The author attempts to demonstrate that the Orthodox Church’s contributions to these sometimes-difficult dialogues have shown a commitment to seeking a common understanding of Baptism. Finally, this paper will examine the present state of ecumenical dialogue on Baptism, and evaluate its prospects for the future. (shrink)

In the Phenomenology of Spirit, chapter IV, Hegel attempts to show how consciousness becomes self-consciousness. Self-consciousness manifests itself both as the ground on which it makes its object opposite to itself, and as a higher truth by demolishing the otherness of its object in order to preserve it for self-consciousness. Since it presupposes itself as the inner truth (or ground) it realizes itself both as the origin and the aim of desire. In other words, by virtue of presupposing its identity (...) in its dissolution, self-consciousness desires to re-constitute the unity with itself. Therefore, it grasps everything else as a negative object of desire in advance. That is to say, its appearance seems to be an ‘obstacle’ before its satisfaction. However, through experience of negating, self-consciousness learns that its object is also a ‘means’ (i.e., has truth or positive aspect) for its end point. It realizes this latter aspect of its object especially when it is faced with another self-consciousness. At this level, self-consciousness comes to see that there is a counter-balance of opposing powers between itself and the other self-consciousness. This counter-balance leads both self-consciousness to a mutual recognition and, then satisfaction of mutual desires. Therefore, since both the origin and the aim of desire is self-consciousness itself, it (self-consciousness) grasps itself as the positive (real) object of desire and then discerns in the mutual recognition the positive aspect of another which was taken as a negative element before. The satisfaction of desire begins with realizing this positive aspect of another self-consciousness. (shrink)

Misrecognition from other individuals and social institutions is by its dynamic or ‘logic’ such that it can lead to distorted relations-to-self, such as self-hatred, and can truncate the development of the central capabilities of persons. Thus it is worth trying to shed light on how mis recognition differs from adequate recognition, and on how mis recognition might differ from other kinds of mistreatment and disregard. This paper suggests that mis recognition (including nonrecognition) is a matter of (...) inadequate responsiveness to the normatively relevant features of someone (their personhood, merits, needs etc.), and that if the kind of mistreatment in question obeys the general dynamic or ‘logic’ of mutual recognition and relations-to-self, then it may be called ‘misrecognition’. Further, this article considers the multiple connections between misrecognition and human fallibility. The capacity to get things wrong or make mistakes (that is, fallibility) is first of all a condition of misrecognition. Furthermore, there are two lessons that we can draw from fallibility. The first one points towards minimal objectivism: if something is to count as a mistake or incorrect response, there must accordingly exist a fact of the matter or a correct response. The other lesson points towards public equality: if our capacity to get things right on our own is limited, then public, shared norms will probably help. Such norms are easier to know and follow than objective normative truths, and they may contain collective cumulative wisdom; and of course the process of creating public norms embodies in itself an important form of mutual recognition between citizens. (shrink)

Despite the notable lack of Chaplinesque romantic flourishes, Buster Keaton has a sophisticated approach to romantic love in his films. Love in Keaton’s films is a mutual recognition and admiration for the physical and mental competence necessary to deal with an absurd, cruel, or indifferent social and physical environment and an agreement to face the world together. There are two ways in which this claim might seem surprising to someone familiar with Keaton’s films. Keaton’s famously stoic persona seems (...) to be at odds with the very idea that there is an expression of romantic love in the films. How could someone so un-expressive express romantic love? There is simply not enough there to be interpreted. Additionally, the topic of love seems to be the wrong approach to take toward Keaton, the master of the gag. His films are original and interesting and funny because of their visual wit, not because of their thematic value. Watching his films for themes is to miss what is valuable about them. In answering these objections, I will set the stage for my argument that Keaton’s narratives assume the viewer recognizes the Buster character is in love while withholding many of the traditional emotional signifiers of that love. The narrative cannot proceed without this assumption and many of the gags don’t work without recognizing Buster’s motivation. Through careful attention to the resolution of the stories within the films, we can begin to recognize the surprising, sophisticated approach to romantic love that the films contain. (shrink)

The critic of substance immobility through negation constitutes the starting point of the ‘voyage of discovery’ of Hegel’s Phänomenologie des Geistes, in which mind and body experiences are considered in terms of mutual recognition, without denying the subjectivity. In this article I am discussing some aspects of Hegel’s philosophy of spirit after Nietzsche’s ‘experimentalism’ and Dennett’s theory of mind, in order to articulate, through Bergson, two fundamental reasons. The first concerns the subject and the dramatic awareness of its (...) constitutional temporality and, at the same time, the possibility to transcend the limit of ‘here’ and ‘now’. On this basis, the second regards the indefensibility of nihilism, because, thanks to consciousness and its continuous activity, the temporal subject, from Hegel to Bergson, persists as a ‘dark side’, in which a constant ‘overcoming’ (élan) of an implicitly normative and essentially social practice takes place. (shrink)

Part of education as interactive exercise is related to a community of practitioners, a dialogue based philosophy of morals which supposes ethical normative characteristics of the discourse. This normative layer can be interpreted either in relation to the lifeworld, i. e. to the understanding of the good life. Alternatively, it can be realized in relation to some cultural rights, since a mutual recognition based ethics, aiming at highlighting culture as necessary feature of human dignity, can explain an ultimate (...) goal of higher education as global and universal education. Since the whole set of human rights should be seen as an indivisible system of basic limits to individual and collective freedom, a right based approach would be the other main perspective, certainly relevant in the context of the African continent, as it is worldwide. Furthermore a right based understanding is a much ignored aspect of human rights, although intimately related to basic interests of the higher education system from either the point of view of the national education systems, or as private universities and it is also related to non-governmental organisations understanding of the general aim of higher education development, where international organizations could help in the implementation of these cultural rights based good practices. In the first section we first develop briefly a normative ethical model of education based on the transformative model of the ethics of discourse compared to other possible classical models based on merit, then we will present cultural rights, reminding us some aspects of cultural rights related to higher education, and address the relevance for the African context of a contextual reflection on these rights. (shrink)

The article argues that Hobbes articulates a modern problematic of reason, where the shared rationality of human beings is an integral part of the danger they present to each other, and where reason suggests a solution, the social contract and the laws of nature, enforced and interpreted by absolute sovereign authority. This solution reflects a tension in modern reason itself, since it requires the alienation of self-determination of the rational human subject precisely to preserve the condition for the possibility of (...) the rationality of the rational human subject, i.e. one’s life, which is threatened by the very rationality of other human subjects. I discuss interpretations of Hobbes which stress the other motives of conflict, i.e. competition and vanity, and acknowledge that they play a role in the threat subjects present to each other, but argue that the danger presented precisely by shared rationality, which I discuss with some reference to the Hegelian dialectic of consciousness and mutual recognition, has been underplayed by Hobbes’ interpretation. (shrink)

Exploring the history of our experience, Hannah Arendt reveals not only a radical transformation of its structure, but also the loss of experience as such and its replacement with technology. In order to identify the place of law in this process, we are trying to clarify the legal aspect of experience in terms of phenomenological hermeneutics and to trace its transformation in the digital age. The experience of law is thought of as one of the aspects of our mode of (...) being-in-the-world, which is based on openness to the world and consists in the mutual recognition of people in their dignity. Digital technologies, in turn, contribute to replacing fundamental openness with illusory freedom in cyberspace. The latter, unlike the public realm as a realm of action of many, and in this sense legal realm, is based primarily on productive activities of one and no longer requires law. (shrink)

In a remarkable and utterly original work of philosophical history, Richard Allen revivifies David Hartley's Observations on Man, his Frame, his Duty, and his Expectations (1749). Though it includes a detailed and richly annotated chronology, this is not a straight intellectual biography, attentive as it might be to the intricacies of Hartley's Cambridge contacts, or the mundane rituals of his medical practice, or the internal development of the doctrine of association of ideas. Instead Allen brings Hartley's book, a psychological epic (...) with a mystical finale, sympathetically to life in a generous and ambitious historical gesture of mutual recognition. Late 20th-century readers "are in a better position to understand Hartley's work" than were earlier sympathizers like Joseph Priestley and John Stuart Mill; and in turn, Allen argues that "Hartley has something to say to us" about just how rich and strange a full mechanistic psychology might be. (shrink)

The objective of this work is to analyze the epistemological implications of Information and Communication Technologies (ICT) in second-person interpersonal relationships, focusing on their identity role. The second-person thesis explores how people recognize themselves daily through various expressive, immediately significant aspects, especially emotional ones (Gomila, 2001; Barone et al., 2022). Initially, we address the difficulty in justifying how a person remains the same throughout life, despite bio-sociocultural changes, known as the problem of personal identity. By rejecting traditional internalist conceptions, such (...) as those of the soul or subjectivity, we opt for an externalist approach. This leads us to question the conditions for recognizing personhood over time in different contexts of communication and significant action. We highlight three perspectives on this dynamic of mutual recognition, with the second-person perspective being the most comprehensive, incorporating the first and third-person perspectives. According to Gomila (2008) and Pérez and Gomila (2018, 2022), second-person processes are fundamental to cognitive and moral life, being ontogenetically primitive and essential for the acquisition of conceptual language. Modifying these processes, as in new forms of synchronous interaction mediated by ICT, may imply a structural reconfiguration of intuitive/spontaneous interactions between people. Given this, we propose a new characterization of the Fourth Person Perspective, originally proposed by Melanie Swan (2013, 2014) in order to expand its scope. In our approach, the Fourth Person would operate in significant social interactions in contexts mediated by technologies incorporated by their users, in parallel with the new quantified knowledge about themselves provided by ICT data, a meaning originally proposed by Swan (2013, 2014). This perspective is assumed during synchronous interactions, operated by virtual non-verbal language and mediated by ubiquitous technologies, always collecting relevant data from users. Considering the hypothesis (H1) of the need for a new perspective (fourth person) for understand virtual interactions, we conclude that meaningful and interpersonal interactions are possible in virtual contexts, appealing to relevance criteria based on face-to-face reality. The reciprocal contingency of face-to-face interactions enriched by non-verbal communication, central to the second-person perspective, can be extended to virtual contexts, especially if the technology used is integrated with the person as an extension of itself. Thus, the qualitative elements, typical of bodily expressiveness in face-to-face interactions, would acquire specific nuances in the digital context according to the fourth-person perspective proposed here. (shrink)

The conventional wisdom regarding the aims and shortcomings of Kantian constructivism is mistaken. The aim of metaethical constructivism is not to provide a naturalistic account of the objectivity of normative facts by deriving substantive morality from a conception of agency so thin as to be uncontroversial (a task at which it is generally regarded to have failed). Its aim is to explain the “grip” that normative facts have on us—to avoid what I call the problem of normative alienation. So understood, (...) Kantian constructivism faces two problems: that determinate normative facts cannot be derived from agency and that its individualistic conception of agency cannot account for the sociality of morality. I propose and elaborate a social conception of agency that is better able to address the latter problem while still avoiding normative alienation, and evaluate two different strategies for responding to the former problem. (shrink)

We introduce what we call the Emergent Model of forgiving, which is a process-based relational model conceptualizing forgiving as moral and normative repair in the wake of grave wrongs. In cases of grave wrongs, which shatter the victim’s life, the Classical Model of transactional forgiveness falls short of illuminating how genuine forgiveness can be achieved. In a climate of persistent threat and distrust, expressions of remorse, rituals and gestures of apology, and acts of reparation are unable to secure the moral (...) confidence and trust required for moral repair, much less for forgiveness. Without the rudiments of a shared moral world — a world in which, at the very least, the survivor’s violation can be collectively recognized as a violation, and her moral status and authority collectively acknowledged and respected — expressions of remorse, gestures and rituals of apology, or promises of compensation have no authority as meaningful communicative acts with reparative significance. Accordingly, we argue that repair in the wake of traumatic violence involves ‘world-building,’ which supports the ability of survivors to move from despair to hope, from radical and disabling distrust to trust and engagement, and thus from impotence to effective agency. Our Emergent Model treats forgiveness as a slowly developing outcome of a series of changes in a person’s relationship to the trauma and its aftermath, in which moral agency is regained. We argue that forgiveness after grave wrongs and world-shattering harm, when it occurs, emerges from other phenomena, such as cohabitation within a community, gestures of reconciliation, working on shared projects, the developing of trust. On this view, forgiveness is an emergent phenomenon; it entails taking and exercising normative power—coming to claim one’s own moral authority in relation to oneself, one’s assailant, and one’s community. The processes that ultimately constitute forgiving are part and parcel of normative repair more broadly construed. (shrink)

Sign Language Recognition (SLR) aims to translate sign language into text or speech in order to improve communication between deaf-mute people and the general public. This task has a large social impact, but it is still difficult due to the complexity and wide range of hand actions. We present a novel 3D convolutional neural network (CNN) that extracts discriminative spatial-temporal features from photo datasets. This article is about classification of sign languages are not universal and are usually not mutually (...) intelligible although there are also similarities among different sign languages. They are the foundation of local Deaf cultures and have evolved into effective means of communication. Although signing is primarily used by the deaf and hard of hearing, hearing people also use it when they are unable to speak, when they have difficulty speaking due to a health condition or disability (augmentative and alternative communication), or when they have deaf family members, such as children of deaf adults. In this article we use the 43500 image in the dataset in size 64*64 pixel by use CNN Architecture and achieved 100% accuracy. (shrink)

Hamas’s deliberate attack on October 7th against innocent civilians is absolutely wrong. Therefore, it should be universally condemned. And yet, I wonder how a universal recognition of an absolute duty of respect for human dignity can help solving the existential conflict confronting Israelis and Palestinians. Ideally, a two-state solution proposed by the international community can be seen as a reasonable and fair compromise. Nevertheless, the reality on the ground is different. Thus far the existence of one state has precluded (...) the existence of another with no end in sight to their mutually destructive violence. Their conflict demands that people who are reasonable and fair-minded try to understand it holistically and to offer an impartial assessment of this intractable conflict without relativizing the undeserved human suffering of all those involved and affected by it. (shrink)

In this paper, I examine three mutually inconsistent claims that are commonly attributed to Hume: all beliefs are involuntary; some beliefs are subject to normative appraisal; and that ‘Ought implies Can’. I examine the textual support for such ascription, and the options for dealing with the puzzle posed by their inconsistency. In what follows I will put forward some evidence that Hume maintains each of the three positions outlined above. I then examine what I call the ‘prior voluntary action’ solution. (...) I argue that this position in any form fails to account for synchronic rationality. I then raise more specific objections depending on how we disambiguate the position, which can be read as either granting beliefs derivative voluntariness, or as denying their normative significance; the former version is inconsistent with Hume’s treatment of natural abilities, while the latter falls to a regress given Hume’s thesis regarding the inability of actions and passions to be subject to epistemic normativity. I then propose to reject instead for two reasons: first, the weakness of textual support for such an ascription; secondly, Hume’s explicit recognition of the irrelevance of involuntariness to normative evaluation in the moral case. (shrink)

The concept of white ignorance refers to phenomena of not-knowing that are produced by and reinforce systems of white supremacist domination and exploitation. I distinguish two varieties of white ignorance, belief-based white ignorance and practice-based white ignorance. Belief-based white ignorance consists in an information deficit about systems of racist oppression. Practice-based white ignorance consists in unresponsiveness to the political agency of persons and groups subject to racist oppression. Drawing on the antebellum political thought of Black abolitionists Frederick Douglass and Harriet (...) Jacobs, I contend that an anti-racist politics that conceives of its epistemic task in terms of combating practice-based white ignorance offers a more promising frame for liberatory struggle. A focus on practice-based white ignorance calls for a distinctive form of humility that involves recognition of the limits of one’s own political agency in relation to others, which is integral to democratic relations between free, equal, yet mutually dependent persons. (shrink)

I suggest that the post-Hegelian tradition presents us with three contrasting normative models of work. According to the first model, the core norms of work are those of means-ends rationality. In this model, the modern world of work is constitutively a matter of deploying the most effective means to bring about given ends. The rational kernel of modern work, the core norm that has shaped its development, is on this view instrumental reason, and this very same normative core, in the (...) shape of advanced technology and more efficient, time-saving production, can help to liberate it. The second model, by contrast, takes the core norms of work to be internal to working activity. Rather than work gaining its normativity from something external to it, from ends to which the work is a contingent means, on this second view the core norms of work are expressions of values or meanings that are immanent to working practices themselves. The expressive model of work regards the actual world of work to be constituted historically by work-specific norms, norms which working subjects themselves have invoked and mobilised around in the course of their struggles for emancipation. According to the third model, the core norms of work have to do neither with instrumental rationality nor authentic self-expression. Rather they concern norms that relate either to individual achievement or contribution through work (in the form of esteem) or to the conditions that must in place for individuals to participate in the exchange of services by which market societies reproduce themselves (in the form of mutual respect). (shrink)

This article introduces the concept of epistemic positioning to theorize the relationship between identity-based epistemic judgements and the reproduction of social inequalities, including those of gender and ethnicity/race, in the academia. Acts of epistemic positioning entail the evaluation of knowledge claims based on the speaker’s stated or inferred identity. These judgements serve to limit the scope of the knowledge claim, making it more likely speakers will be denied recognition or credit. The four types of epistemic positioning – bounding (reducing (...) a knowledge claim to elements of personal identity), domaining (reducing a knowledge claim to discipline or field associated with identity), non-attribution (using the claim without recognizing the author) and appropriation (presenting the claim as one’s own) – are mutually reinforcing. Given the growing importance of visibility and recognition in the context of increasing competition and insecurity in academic employment, these practices play a role in the ability of underrepresented groups to remain in the academic profession. (shrink)

Identity politics is commonly criticized as endangering democracy by undermining community, rational communication, and solidarity. Drawing on both radical democratic theory and standpoint theory, this article posits the opposite thesis: identity politics is pivotal for the democratization of democracy. Democratization through identity politics is achieved by disrupting hegemonic discourse and is, therefore, a matter of power, while such forms of power politics are reasonable when following minority standpoints generated through identity politics. The article develops this approach by connecting radical democratic (...) theories with standpoint theories and highlighting their commonalities and potential for mutual enhancement. Standpoint theory allows us to substantiate and reconcile two initially contradictory claims: particular minority standpoints are necessary to criticize the prevailing discursive and institutional orders, and these standpoints stem from intersubjective reason and embody ‘strong objectivity.’ This discussion presents a new perspective on the tension between particularity and universality, as well as the relationship between power and reason in democracy. Democratization is an oscillation between these polarities, and political theory should not aim to resolve this tension but to recognize and articulate it. Such recognition might involve elevating knowledge emerging from oppressed groups and exercising epistemic modesty when assessing specific forms of identity politics. (shrink)

As aesthetic beings, we are receptive to and engaged with the sensuous phenomena of life while also knowing that we are targets of others’ awareness: we are both aesthetic agents and aesthetic objects. Our psychological health, our standing within our communities, and our overall wellbeing can be profoundly affected by our aesthetic surroundings and by whether and how we receive aesthetic recognition from others. When our embodied selves and our cultural products are valued, and when we have rich opportunities (...) for aesthetic experience and for the exercise of aesthetic agency, the aesthetic can foster and sustain wellbeing and help to make our lives worthwhile. But when we are subjected to aesthetic blight, restriction of our aesthetic agency, and aesthetic devaluing of our embodied selves and our communities’ cultural products, the aesthetic can do great harm: such aesthetic maneuvers play a significant role in oppression and social hierarchy related to race, gender, fatness, and disability. This essay explores the notions of aesthetic objects and aesthetic agents, their relations with each other, and the unique affordances of persons’ status as simultaneously aesthetic objects and aesthetic agents. It examines the prospects for bodily aesthetic experience to promote wellbeing and, at the end, considers how the aesthetic might play a role in establishing forms of mutual vulnerability and recognition to combat oppressive social hierarchies. (shrink)

In republican political philosophy, citizenship is a status that is constituted by one’s participation in the public life of the polity. In its traditional formulation, republican citizenship is an exclusionary and hierarchical way of defining a polity’s membership, because the domain of activity that qualifies as participating in the polity’s public life is highly restricted. I argue that Black American abolitionist Frederick Douglass advances a radically inclusive conception of republican citizenship by articulating a deeply capacious account of what it means (...) to participate in the public life of the polity. On Douglass’s conception of republican citizenship, what it means to contribute to the polity, and thereby be a citizen, is to act in ways that contest and shape what the polity values. We contest and shape what the polity values not only through public discourse traditionally conceived or grand political acts like revolt, but also through quotidian forms of social interaction. In his pre-American Civil War political thought, Douglass deployed his radically inclusive account of republican citizenship as the conceptual foundation of his stance that enslaved and nominally free Black Americans were already, in the 1850s, American citizens whom the polity ought to acknowledge as such. The everyday resistance in which enslaved Black Americans engaged—their plantation politics—is, for Douglass, a paradigmatic type of citizenship-constituting activity, because it involves modes of collaboration and confrontation that enact a recognition of mutual vulnerability and embody the assertion that one matters. Douglass’s conception of republican citizenship offers a normative framework for emancipatory struggles that strive to secure meaningful membership for the marginalized through the transformation of unjust polities. (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)

The closing chapters of Aristotle’s Nicomachean Ethics x are regularly described as “puzzling,” “extremely abrupt,” “awkward,” or “surprising” to readers. Whereas the previous nine books described—sometimes in lavish detail—the multifold ethical virtues of an embodied person situated within communities of family, friends, and fellow-citizens, NE x 6-8 extol the rarified, god-like and solitary existence of a sophos or sage (1179a32). The ethical virtues that take up approximately the first half of the Ethics describe moral exempla who experience fear fighting for (...) their communities, are sensitive to the esteem and recognition of others, and feel love for a desire to live together with a wide variety of kinds of friends. Such good people take pleasure in prudently expending sums to improve their communities—communities in which they exchange goods and participate in ruling and being ruled in a cooperative fashion. The exemplum of x 7-8, by contrast, is a person whose activity consists almost entirely in exercising his or her mind (nous)—a part of one’s soul that Aristotle explicitly notes is disconnected from human emotions and that can be exercised, insofar as one as wise, in a wholly solitary fashion (1178a15-16, a19-20; 1177a33-34). Although Aristotle’s claim that a “life in accord with the mind” is best and most pleasant (1178a6-7) may jar the intuitions of many people—he himself endorses Anaxagoras’ claim that the happy person will appear as “someone who is absurd” (atopos, 1179a15) to most people—it is false to claim that his conclusions in NE x 6-8 are unexpected or unanticipated, or that the text is in any way discontinuous with what precedes it. The Nicomachean Ethics exhibits aspects of ring-composition both within the work as a whole and within book 10. In NE i 5 Aristotle introduces his rendition of a trope that he inherits (most immediately) from Plato, viz. that the problem of the good can be considered like a contest between three different kinds of life—the life of enjoyment (apolaustikos), the life of politics (politikos), and the life of contemplation (theôrêtikos). NE x 6-8 returns to that contest, rendering a verdict about which life takes first, second, and third place. As the opening lines of NE x 6 note, that verdict presupposes central claims articulated between the first and last books of the Ethics, specifically about the nature of the virtues, the nature of friendship, and the nature of pleasure. NE i 5 and x 6-8 thus serve as “bookends” which encase arguments and proposition located between them. Book 10 exhibits a similar ring-composition. NE x opens with methodological reflection on the gap between the theoretical positions that thinkers articulate and the way they live their lives (especially in the case of scolds who simultaneously criticize pleasure on a scientific level but seek it on a practical level [1172a33-b8]). Chapter 8 concludes with an explicit reiteration of the methodological point, a reiteration that underscores how Aristotle’s treatment of the contest of lives incorporates central aspects of the discussion of pleasure in NE x 1-5. Aristotle’s reiteration of the problem of a gap between theory and practice also draws attention to the centrality of his treatment of pleasure in his adjudication of the three lives. Although the life of pleasure takes a distant third in the contest of lives, the contemplative life wins the contest in part because it itself is the most pleasant form of life. The central philosophical problem looming behind Aristotle’s treatment of the contest of lives concerns the relationship between the notion of activity (energeia) and the notion of a way of life (bios). In the last four decades, much of the scholarship on NE x 6-8 has sought to address the question of what activities a certain way of life includes or excludes. “Monistic” or “dominant” end interpretations of the best life have viewed it as including only contemplative activities whereas “inclusivist” end interpretations of the best life have viewed it as including non-contemplative activities. Although this chapter largely side-steps this debate—partially because there are ample recent first-rate introductory treatments of the debate, partially because I have addressed the question elsewhere in my own writing —I argue that focusing solely on the contest between the two best ways of life overshadows the way that Aristotle incorporates insights from the third way of life into the best way of life. Although the notion of a contest among different kinds of lives presupposes that the lives are mutually exclusive, Aristotle has no problem saying that the contemplative life trumps the life of pleasure because the contemplative life is more pleasant. I proceed in two parts. In the first part I examine what I will call the “outer” ring of the Ethics, namely the relationship between the contest of lives proposed in NE i 5 and its overall resolution in x 6-8. I show how i 5 and x 6 establish the framework for the contest, how x 7 adjudicates that contest in large part by relying upon premises articulated in the interim between books 1 and 10, and how x 6 and x 8 determine the second and third place positions in the contest. In the second part I focus on what I will call the “inner” ring of NE x. More than half of NE x struggles with the nature of pleasure, its role in a happy life, and the methodological problems of examining pleasure within a practical science. I show how x 1 and x 8 are “bookends” that underscore the methodological problem of examining pleasure and how the contest of lives draws upon the proximate conclusions concerning the nature of pleasure in NE x 1-5. (shrink)