The regularity in social relations is deduced on the base of natural human reactions. The regularity is similar to the Newton’s Third Law. The new approach to phenomenon and definition of violence is offered as a consequence of the discovered regularity. Violence is considered as an action with an object without consent of the owner. It is shown that a person herself is responsible for significant part of violence against her, namely for the violence which is just reaction (...) for her own violence. The regularity of deliberate rejection of violence in society in historical perspective is proved. (shrink)

In our initial paper discussing plausible steps toward workable warp drive machines. The following article express our view on this debate. While there are still objections toward existing warp drive proposals, such as by G. Landis, Harold White etc., because they are all based on GTR, nonetheless we think it is possible by starting to see if it is possible to deviate from Newton's third law. And we discuss possible a propulsion method based on negative masses, and discuss how (...) optical diameter drive can be first step for realistic lab-scale version of negative mass propulsion. (shrink)

This paper examines the origin, range and meaning of the Principle of Action and Reaction in Kant’s mechanics. On the received view, it is a version of Newton’s Third Law. I argue that Kant meant his principle as foundation for a Leibnizian mechanics. To find a ‘Newtonian’ law of action and reaction, we must look to Kant’s ‘dynamics,’ or theory of matter. I begin, in part I, by noting marked differences between Newton’s and Kant’s laws of action (...) and reaction. I argue that these are explainable by Kant’s allegiance to a Leibnizian mechanics. I show (in part II) that Leibniz too had a model of action and reaction, at odds with Newton’s. Then I reconstruct how Jakob Hermann and Christian Wolff received Leibniz’s model. I present (in Part III) Kant’s early law of action and reaction for mechanics. I show that he devised it so as to solve extant problems in the Hermann-Wolff account. I reconstruct Kant’s views on ‘mechanical’ action and reaction in the 1780s, and highlight strong continuities with his earlier, pre-Critical stance. I use these continuities, and Kant’s earlier engagement with post-Leibnizians, to explain the un-Newtonian features of his law of action and reaction. (shrink)

The force law of Maxwell’s classical electrodynamics does not agree with Newton’s third law of motion (N3LM), in case of open circuit magnetostatics. Initially, a generalized magnetostatics theory is presented that includes two additional physical fields B_Φ and B_l, defined by scalar functions. The scalar magnetic field B_l mediates a longitudinal Ampère force that balances the transverse Ampère force (aka the magnetic field force), such that the sum of the two forces agrees with N3LM for all stationary current (...) distributions. Secondary field induction laws are derived; a secondary curl free electric field E_l is induced by a time varying scalar magnetic field B_l, which isn’t described by Maxwell’s electrodynamics. The Helmholtz’ decomposition is applied to exclude E_l from the total electric field E, resulting into a more simple Maxwell theory. Decoupled inhomogeneous potential equations and its solutions follow directly from this theory, without having to apply a gauge condition. Field expressions are derived from the potential functions that are simpler and far field consistent with respect to the Jefimenko fields. However, our simple version of Maxwell’s theory does not satisfy N3LM. Therefore we combine the generalized magnetostatics with the simple version of Maxwell’s electrodynamics, via the generalization of Maxwell’s speculative displacement current. The resulting electrodynamics describes three types of vacuum waves: the Φ wave, the longitudinal electromagnetic (LEM) wave and the transverse electromagnetic (TEM) wave, with phase velocities respectively a, b and c. Power- and force theorems are derived, and the force law agrees with Newton’s third law only if the phase velocities satisfy the following condition: a >> b and b = c. The retarded potential functions can be found without gauge conditions, and four retarded field expressions are derived that have three near field terms and six far field terms. All six far field terms are explained as the mutual induction of two free fields. Our theory supports Rutherford’s solution of the 4/3 problem of electromagnetic mass, which requires an extra longitudinal electromagnetic momentum. Our generalized classical electrodynamics might spawn new physics experiments and electrical engineering, such as new photoelectric effects based on Φ- or LEM radiation, and the conversion of natural Φ- or LEM radiation into useful electricity, in the footsteps of dr. N. Tesla and dr. T.H. Moray. (shrink)

The System of the World, Isaac Newton's first draft for the third volume of his classic work Philosophiae Naturalis Principia Mathematica (1687; Mathematical Principles of Natural Philosophy), is an important document in the history of science, using the principles of mechanics to construct the first complete scientific system on the workings of the universe in human history. -/- This book of 78 treatises briefly describes the principles established in the first two volumes of the Mathematical Principles of Natural Philosophy, (...) then applies these principles to the derivation of the actual orbits of the solar system and comets, laying out in layman's terms the universality of the law of gravitation and, from this, studying the shape of the earth, explaining the planetary precession and the tides of the oceans, probing the motion of the moon, and determining the orbits of comets. In this book, Newton does not construct abstract mathematical models, but analyses them in relation to astronomical phenomena, using only a small amount of mathematical language to explain these intriguing elements, making its content suitable for a general audience. -/- The appendices of this Chinese translation by Haixuan Pan(潘海璇) include Life of Sir Issac Newton by N. W. Chittenden, Newtonian Studies by Alexandre Koyré, which introduce Newton's life and main achievements, as well as the debates and evaluations of the main academic views of Newton by the leading philosophers and scientists of the time, and are important supplementary and reference materials when reading The System of the World. (shrink)

Newton published his deduction of universal gravity in Principia (first ed., 1687). To establish the universality (the particle-to-particle nature) of gravity, Newton must establish the additivity of mass. I call ‘additivity’ the property a body's quantity of matter has just in case, if gravitational force is proportional to that quantity, the force can be taken to be the sum of forces proportional to each particle's quantity of matter. Newton's argument for additivity is obscure. I analyze and assess manuscript versions of (...) Newton's initial argument within his initial deduction, dating from early 1685. Newton's strategy depends on distinguishing two quantities of matter, which I call ‘active’ and ‘passive’, by how they are measured. These measurement procedures frame conditions on the additivity of each quantity so measured. While Newton has direct evidence for the additivity of passive quantity of matter, he does not for that of the active quantity. Instead, he tries to infer the latter from the former via conceptual analyses of the third law of motion grounded largely on analogies to magnetic attractions. The conditions needed to establish passive additivity frustrate Newton's attempted inference to active additivity. (shrink)

To provide metaphysical grounds for the physics of her time, Du Châtelet argued for the notion of an active force. This was different from the impressed force in Newton’s second law. The former force was a property of a body, whereas the latter was an external cause. I shall study this discrepancy and argue that the interactive concept of force in Newton’s third law is consistent with Du Châtelet’s standards for an intelligible physics. Consequently, the interaction entailed (...) by the law of universal gravitation complies with Du Châtelet’s principles of human knowledge. (shrink)

It has been claimed that the only way to avoid action at a temporal distance in a temporal continuum is if effects occur simultaneously with their causes, and that in fact Newton’s second law of motion illustrates that they truly are simultaneous. Firstly, I point out that this interpretation of Newton’s second law is problematic because in classical mechanics ‘acceleration’ denotes a vector quantity. It is controversial whether vectors themselves are changes as opposed to properties of a change, (...) and therefore if they can count as effects. Secondly, I argue that the problem of action at a temporal distance is generated by the assumption that forces operate on their effects, but that this assumption is not easily reconciled with Newton’s third law of motion, which is best read as saying that forces operate between objects. On that reading, there is no problem of action at a temporal distance even in a temporal continuum just as long as interacting objects coexist. (shrink)

This article is by design a response to Alastair M. Taylor's "For Philosophers and Scientists: A General Systems Paradigm." That work is an advance over stage theories. But its focus on modernization tacitly accepts marginalization. Its focus on an undifferentiated evolving human species disregards intra- and intersocietal conflicts. Its uncritical talk of societal energy shifts obscures the reality of conquest and exploitation. If general systems theory is to be truly objective, it should take into account world-around system imbalance and the (...) relevance of Newton's Third Law. (Publisher omitted title of this article and used only its subtitle.). (shrink)

Universal Energetic Field Theory -/- Additional Argumentation No1: Newton's Third Law relation with the Universal Energetic Field -/- The atom nucleus Quarks energy, and their three generations energy or energy gain, are too submit to the (Albert Einstein) “Law Of The Conservation Of Energy”. Thus, throughout the Quarks 3 generations energetic states and generations transformations, the Newton's Third Law impose the addition of the Universal Energetic Field theory. Martin B.J. Thibault December 2020 .

This article investigates the relationship between Hume’s causal philosophy and Newton ’s philosophy of nature. I claim that Newton ’s experimentalist methodology in gravity research is an important background for understanding Hume’s conception of causality: Hume sees the relation of cause and effect as not being founded on a priori reasoning, similar to the way that Newton criticized non - empirical hypotheses about the properties of gravity. However, according to Hume’s criteria of causal inference, the law of universal gravitation is (...) not a complete causal law, since it does not include a reference either to contiguity or to temporal priority. It is still argued that because of the empirical success of Newton ’s theory—the law is a statement of an exceptionless repetition—Hume gives his support to it in interpreting gravity force instrumentally as if it bore a causal relation to motion. (shrink)

Maxwell’s Classical Electrodynamics (MCED) suffers several inconsistencies: (1) the Lorentz force law of MCED violates Newton’s Third Law of Motion (N3LM) in case of stationary and divergent or convergent current distributions; (2) the general Jefimenko electric field solution of MCED shows two longitudinal far fields that are not waves; (3) the ratio of the electrodynamic energy-momentum of a charged sphere in uniform motion has an incorrect factor of 4/3. A consistent General Classical Electrodynamics (GCED) is presented that is (...) based on Whittaker’s reciprocal force law that satisfies N3LM. The Whittaker force is expressed as a scalar magnetic field force, added to the Lorentz force. GCED is consistent only if it is assumed that the electric potential velocity in vacuum, ’a’, is much greater than ’c’ (a ≫ c); GCED reduces to MCED, in case we assume a = c. Longitudinal electromagnetic waves and superluminal longitudinal electric potential waves are predicted. This theory has been verified by seemingly unrelated experiments, such as the detection of superluminal Coulomb fields and longitudinal Ampère forces, and has a wide range of electrical engineering applications. (shrink)

Maxwell’s Classical Electrodynamics (MCED) suffers several inconsistencies: (1) the Lorentz force law of MCED violates Newton’s Third Law of Motion (N3LM) in case of stationary and divergent or convergent current distributions; (2) the general Jefimenko electric field solution of MCED shows two longitudinal far fields that are not waves; (3) the ratio of the electrodynamic energy-momentum of a charged sphere in uniform motion has an incorrect factor of 4/3. A consistent General Classical Electrodynamics (GCED) is presented that is (...) based on Whittaker’s reciprocal force law that satisfies N3LM. The Whittaker force is expressed as a scalar magnetic field force, added to the Lorentz force. GCED is consistent only if it is assumed that the electric potential velocity in vacuum, ’a’, is much greater than ’c’ (a ≫ c); GCED reduces to MCED, in case we assume a = c. Longitudinal electromagnetic waves and superluminal longitudinal electric potential waves are predicted. This theory has been verified by seemingly unrelated experiments, such as the detection of superluminal Coulomb fields and longitudinal Ampe`re forces, and has a wide range of electrical engineering applications. (shrink)

The subject of this essay-based dissertation is Hume’s natural philosophy. The dissertation consists of four separate essays and an introduction. These essays do not only treat Hume’s views on the topic of natural philosophy, but his views are placed into a broader context of history of philosophy and science, physics in particular. The introductory section outlines the historical context, shows how the individual essays are connected, expounds what kind of research methodology has been used, and encapsulates the research contributions of (...) the essays. The first essay treats Newton’s experimentalist methodology in gravity research and its relation to Hume’s causal philosophy. It is argued that Hume does not see the relation of cause and effect as being founded on a priori reasoning, similar to the way in which Newton criticized non-empirical hypotheses about the causal properties of gravity. Contrary to Hume’s rules of causation, the universal law does not include a reference either to contiguity or succession, but Hume accepts it in interpreting the force and the law of gravity instrumentally. The second article considers Newtonian and non-Newtonian elements in Hume more broadly. He is sympathetic to many prominently Newtonian themes in natural philosophy, such as experimentalism, critique of hypotheses, inductive proof, and the critique of Leibnizian principles of sufficient reason and intelligibility. However, Hume is not a Newtonian philosopher in many respects: his conceptions regarding space and time, the vacuum, the specifics of causation, the status of mechanism, and the reality of forces differ markedly from Newton’s related conceptions. The third article focuses on Hume’s Fork and the proper epistemic status of propositions of mixed mathematics. It is shown that the epistemic status of propositions of mixed mathematics, such as those concerning laws of nature, is that of matters of fact. The reason for this is that the propositions of mixed mathematics are dependent on the Uniformity Principle. The fourth article analyzes Einstein’s acknowledgement of Hume regarding special relativity. The views of the scientist and the philosopher are juxtaposed, and it is argued that there are two common points to be found in their writings, namely an empiricist theory of ideas and concepts and a relationist ontology regarding space and time. (shrink)

Newton began his Principia with three Axiomata sive Leges Motus. We offer an interpretation of Newton’s dual label and investigate two tensions inherent in his account of laws. The first arises from the juxtaposition of Newton’s confidence in the certainty of his laws and his commitment to their variability and contingency. The second arises because Newton ascribes fundamental status both to the laws and to the bodies and forces they govern. We argue the first is resolvable, but the (...) second is not. However, the second tension shows that Newton conceives laws as formal causes of bodies and forces. This neo-Aristotelian conception goes missing in Kantian accounts of laws, as well as accounts that stress laws’ grounding in powers and capacities. (shrink)

This paper explores the possibility that Hobbesian jurisprudence is best understood as a ‘third way’ in legal theory, irreducible to classical natural law or legal positivism. I sketch two potential ‘third theories’ of law -- legal pragmatism and legal dualism -- and argue that, when considered in its broadest sense, Leviathan is best viewed as an example of legal pragmatism. I consider whether this legal pragmatist interpretation can be sustained in the examination of Leviathan’s treatment of civil law, (...) and argue that the pragmatic interpretation can only be successful if we can resolve two textual issues in that chapter. First, while Hobbes argues that law entails the existence of public (sharable) reasons, he does not adequately defend the view that the sovereign is the unique authority over such reasons in all cases, especially as far as they concern known collective emergencies. Second, Hobbes both affirms and denies that a sovereign can fail to do justice, which is paradoxical. Both problems are best resolved by legal pragmatism, though the second problem resists a fully satisfying resolution. The upshot is that, although Leviathan ought to be regarded as an episode of legal pragmatism, there are trade-offs on every reading. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Newton's Metaphysics: Essays by Eric SchliesserMarius StanEric Schliesser. Newton's Metaphysics: Essays. Oxford: Oxford University Press, 2021. Pp. 328. Hardback, $99.90.Newton owes his high regard to the quantitative science he left us, but his overall picture of the world had some robustly metaphysical threads woven in as well. Posthumous judgment about the value of these threads has varied wildly. Christian Wolff thought him a metaphysical rustic, as did Hans (...) Reichenbach some two centuries later ("Die Bewegungslehre bei Newton, Leibniz und Huygens," Kant-Studien 29 [1924]: 416–38). In the 1960s, the tide would turn, as Howard Stein and James Edward McGuire separately began to show that Newton's metaphysics was not just sophisticated, but often more compelling than its early modern alternatives (see respectively "Newtonian Spacetime," Texas Quarterly 10 [1967]: 174–200; and Tradition and Innovation: Newton's Metaphysics of Nature [Dordrecht: Kluwer Academic Publishers, 1995]). Eric Schliesser's book unfolds in that same register of appreciative, high scholarship, and it attests to the enduring attraction of its subject.The book grew out of previous discrete papers, to which he added a few more for this occasion. Accordingly, it does not come with a master argument. Rather, it is an in-depth exploration of some key metaphysical themes in Newton. As such, it befits its subject figure, who reflected on themes and concepts while stopping short of working out systems.The first major theme is Newton and Spinozism. The latter does not denote Spinoza's metaphysics. In fact, Schliesser explains, Newton shared with Spinoza some weighty commitments, for example, to space being actually infinite, and to substance monism: "for Newton, there is strictly speaking only one genuine substance," namely, God (33). Rather, "Spinozism" is an interpreter's category for a bundle of three theses: identifying God and nature; denying final causation in the physical world; and the assumption of "blind" metaphysical necessity. Some counted Hobbes and John Toland as Spinozist in this sense, and even Epicurus, avant la lettre. Newton and his followers argued vehemently against this package, as Schliesser shows in chapters 4, 5, and 8. Their chief complaint was that Spinozism is unable to account for the "origin of motion," for a certain type of order, and for the stability of cosmological structure—and to do so in a way that "meets the standards of Newtonian mechanics" (122). This interpretive lens allows Schliesser to draw Kant in, by reading his youthful Theory of Heaven as a possible Spinozist reply to their objections (chapter 3). [End Page 157]A second theme is the metaphysics of mechanics, where Schliesser weaves together several strands. One is the ontology of gravity, for which he offers a novel construal: for Newton, gravity counts as real, but in a qualified sense. Namely, it is not essential and not intrinsic: "even after creation, a lonely partless particle of matter in the universe would not be said to gravitate." And gravity is relational: a "shared quality" of two or more bits of matter, which obtains in virtue of their sharing a nature (19). Another strand is Newton's ontology of time—really, a subtle, difficult topic long neglected. Famously, Newton in Principia defends absolute, true, and mathematical time. The question is what these three qualifiers denote, and whether Newton thought they were synonymous. Schliesser in chapter 7 argues for the provocative view that "absolute" and "true" time are not identical concepts; rather, they pick out different entities. These entities share a common structure, namely, metric and topological. That makes them species of "mathematical" time (179). But, Schliesser contends, Newton has unequal warrant for his two concepts of time.Yet another theme is formal causation. It comes to the fore in chapter 5, which grapples with Newton's opaque idea that space is an "emanative effect." Schliesser explains that here, "emanation picks out a species of formal causation" (147), but in a novel, early modern sense that comes from Bacon, not Aristotle. If space has a formal cause, then so has its twin brother, time, the topic of chapter 7. God is their common formal cause. Then in chapter 6 (coauthored with Zvi Biener) Schliesser adds that, for Newton, laws... (shrink)

I argue that the key dynamical concepts and laws of Newton's Principia never gained a solid foothold in Germany before Kant in the 1750s. I explain this absence as due to Leibniz. Thus I make a case for a robust Leibnizian legacy for Enlightenment science, and I solve what Jonathan Israel called “a meaningful historical problem on its own,” viz. the slow and hesitant reception of Newton in pre-Kantian Germany.

This paper investigates the question of, and the degree to which, Newton’s theory of space constitutes a third-way between the traditional substantivalist and relationist ontologies, i.e., that Newton judged that space is neither a type of substance/entity nor purely a relation among such substances. A non-substantivalist reading of Newton has been famously defended by Howard Stein, among others; but, as will be demonstrated, these claims are problematic on various grounds, especially as regards Newton’s alleged rejection of the (...) traditional substance/accident dichotomy concerning space. Nevertheless, our analysis of the metaphysical foundations of Newton’s spatial theory will strive to uncover its unique and innovative characteristics, most notably, the distinctive role that Newton’s “immaterialist” spatial ontology plays in his dynamics. (shrink)

In this paper, I discuss how Newton’s inductive argument of the Principia can be defended against criticisms levelled against it by Duhem, Popper and myself. I argue that Duhem’s and Popper’s criticisms can be countered, but mine cannot. It requires that we reconsider, not just Newton’s inductive argument in the Principia, but also the nature of science more generally. The methods of science, whether conceived along inductivist or hypothetico-deductivist lines, make implicit metaphysical presuppositions which rigour requires we make (...) explicit within science so that they can be critically assessed, alternatives being developed and assessed, in the hope that they can be improved. Despite claiming to derive his law of gravitation by induction from phenomena without resource to hypotheses, Newton does nevertheless acknowledge in the Principia that his rules of reasoning make metaphysical presuppositions. To this extent, Newton has a more enlightened view of scientific method than most 20th and 21st century scientists and historians and philosophers of science. (shrink)

In Newton’s correspondence with Richard Bentley, Newton rejected the possibility of remote action, even though he accepted it in the Principia. Practically, Newton’s natural philosophy is indissolubly linked to his conception of God. The knowledge of God seems to be essentially immutable, unlike the laws of nature that can be subjected to refining, revision and rejection procedures. As Newton later states in Opticks, the cause of gravity is an active principle in matter, but this active principle is not (...) an essential aspect of matter, but something that must have been added to matter by God, arguing in the same Query of Opticks even the need for divine intervention. DOI: 10.13140/RG.2.2.16732.44162 . (shrink)

Teaching Newtonian physics involves the replacement of students’ ideas about physical situations with precise concepts appropriate for mathematical applications. This paper focuses on the concepts of ‘matter’ and ‘mass’. We suggest that students, like some pre-Newtonian scientists we examine, use these terms in a way that conflicts with their Newtonian meaning. Specifically, ‘matter’ and ‘mass’ indicate to them the sorts of things that are tangible, bulky, and take up space. In Newtonian mechanics, however, the terms are defined by Newton’s (...) Second Law: ‘mass’ is simply a measure of the acceleration generated by an impressed force. We examine the relationship between these conceptions as it was discussed by Newton and his editor, Roger Cotes, when analyzing a series of pendulum experiments. We suggest that these experiments, as well as more sophisticated computer simulations, can be used in the classroom to sufficiently differentiate the colloquial and precise meaning of these terms. (shrink)

This paper explores the possibility of constructing a Cartesian space-time that can resolve the dilemma posed by a famous argument from Newton's early essay, De gravitatione. In particular, Huygens' concept of a center-of-mass reference frame is utilized in an attempt to reconcile Descartes' relationalist theory of space and motion with both the Cartesian analysis of bodily impact and conservation law for quantity of motion. After presenting a modern formulation of a Cartesian space-time employing Huygens' frames, a series of Newtonian counter-replies (...) are developed in order to estimate the viability of this relationalist project. (shrink)

With his contribution on "The Natural Law in the American Tradition," Judge Diarmuid O'Scannlain has begun the indispensable task of laying the groundwork for sound jurisprudential reasoning in the natural law tradition. It is on the basis of this groundwork that we can begin to appreciate what natural law reasoning might mean, and what it does not mean, for contemporary American legal thinking. More specifically, it is on the basis of this groundwork that one can begin to articulate what might (...) be called a "third way" of jurisprudential reasoning. This "third way" would steer clear of two opposed and equally problematic jurisprudential views; that is, it would steer clear of what we might call "standard legal positivism" (on the one hand), and (on the other hand) what Judge O'Scannlain calls the "aggressive" natural law jurisprudence of some contemporary theorists. (shrink)

Although Newton carefully eschews questions about gravity’s causal basis in the published Principia, the original version of his masterwork’s third book contains some intriguing causal language. “These forces,” he writes, “arise from the universal nature of matter.” Such remarks seem to assert knowledge of gravity’s cause, even that matter is capable of robust and distant action. Some commentators defend that interpretation of the text—a text whose proper interpretation is important since Newton’s reasons for suppressing it strongly suggest that (...) he continued to endorse its ideas. This article argues that the surface appearance of Newton’s causal language is deceptive. What does New- ton intend with his causal language if not a full causal hypothesis? His remarks actually indicate a way of considering the force mathematically, something he contrasts to the structure of the force as it really is in nature. In explaining that, he identifies a significant disjunction between the physical force itself and mathematical ways of considering it, and the text’s significance lies in its view of the force’s structure and in the questions raised about the relationship between mathematical representations and the physical world. (shrink)

Neurological syndromes in which consciousness seems to malfunction, such as temporal lobe epilepsy, visual scotomas, Charles Bonnet syndrome, and synesthesia offer valuable clues about the normal functions of consciousness and ‘qualia’. An investigation into these syndromes reveals, we argue, that qualia are different from other brain states in that they possess three functional characteristics, which we state in the form of ‘three laws of qualia’. First, they are irrevocable: I cannot simply decide to start seeing the sunset as green, or (...) feel pain as if it were an itch; second, qualia do not always produce the same behaviour: given a set of qualia, we can choose from a potentially infinite set of possible behaviours to execute; and third, qualia endure in short-term memory, as opposed to non-conscious brain states involved in the on-line guidance of behaviour in real time. We suggest that qualia have evolved these and other attributes because of their role in facilitating non-automatic, decision-based action. We also suggest that the apparent epistemic barrier to knowing what qualia another person is experiencing can be overcome by using a ‘bridge’ of neurons; and we offer a hypothesis about the relation between qualia and one's sense of self. (shrink)

The Thesis of Kant’s Third Antinomy asserts that, because it is “necessary to assume another causality through freedom” in order to derive all the appearances of the world, “causality in accordance with the laws of nature is not the only one” (A444/B472). The argument Kant supplies in support of this, however, has been the subject of interpretative disagreement since at least Schopenhauer, with the most plausible reconstructions being dismissed as question-begging, resting on a conflation relating to the principle of (...) sufficient reason, or attacking a straw-man of the Antithesis position. In this paper, I attempt to provide a novel interpretation of the argument for the Thesis position, one that offers a more compelling case against a charitably interpreted Antithesis position. (shrink)

One of the most disputed controversy over the priority of scientific discoveries is that of the law of universal gravitation, between Isaac Newton and Robert Hooke. Hooke accused Newton of plagiarism, of taking over his ideas expressed in previous works. In this paper I try to show, on the basis of previous analysis, that both scientists were wrong: Robert Hooke because his theory was basically only ideas that would never have materialized without Isaac Newton's mathematical support; and the latter was (...) wrong by not recognizing Hooke's ideas in drawing up the theory of gravity. Moreover, after Hooke's death and taking over the Royal Society presidency, Newton removed from the institution any trace of the former president Robert Hooke. For this, I detail the accusations and arguments of each of the parts, and how this dispute was perceived by the contemporaries of the two scientists. I finish the paper with the conclusions drawn from the contents. -/- Keywords: Isaac Newton, Robert Hooke, law of gravity, priority, plagiarism -/- CONTENTS -/- Abstract Introduction Robert Hooke's contribution to the law of universal gravitation Isaac Newton's contribution to the law of universal gravitation Robert Hooke's claim of his priority on the law of universal gravitation Newton's defense The controversy in the opinion of other contemporary scientists What the supporters of Isaac Newton say What the supporters of Robert Hooke say Conclusions Bibliography -/- DOI: 10.13140/RG.2.2.19370.26567 . (shrink)

Kant’s notorious remark about the impossibility of there ever being a Newton of a blade of grass has often been interpreted as a misguided pre-emptive strike against Darwin and evolutionary theories in general: 'It would be absurd for humans even to make such an attempt or to hope that there may yet arise a Newton who could make comprehensible even the generation of a blade of grass according to natural laws that no intention has ordered; rather, we must absolutely deny (...) this insight to human beings. (CPJ 5:400) My aim in this chapter is to re-evaluate this claim in the context of Kant’s account of organic generation and argue that, contrary to what is usually thought, it does leave room for the possibility of evolution. After spelling out the constraints Kant identifies for any scientific study of the history of living beings, I examine his theory of generation and draw its implications for biological heredity, species diversity, and the role played by environmental factors in organic development. On this basis, I conclude that first, evolution is a possible albeit far-fetched hypothesis for Kant; second, Darwin’s theory of natural selection would have turned a far-fetched possibility into a plausible candidate; and third, it would not have disposed of the need for teleology. This is why, I argue, Darwin could never have been a Newton of a blade of grass. (shrink)

Newton’s First Law of Motion is typically understood to govern only the motion of force-free bodies. This paper argues on textual and conceptual grounds that it is in fact a stronger, more general principle. The First Law limits the extent to which any body can change its state of motion –– even if that body is subject to impressed forces. The misunderstanding can be traced back to an error in the first English translation of Newton’s Principia, which was (...) published a few years after Newton’s death. (shrink)

This dissertation aims at forging an archetectonic link between Kant's first and third Critiques within a cognitive-semantic framework. My aim is to show how the major conceptual innovations of Kant’s third Critique can be plausibly understood in terms of the theoretical aims of the first, (Critique of Pure Reason). However, unlike other cognition-oriented approaches to Kant's third Critique, which take the point of contact between the first and third Critique's to be the first Critique's Transcendental Analytic, (...) I link these two works via the first Critique's Transcendental Dialectic, specifically its discussions of the "ideas of pure reason." -/- According to Kant, the “ideas of pure reason” (IPRs) — viz., the notions of self, world-whole, and God — are innate content-bearing entities representing three types of transempirical object, none of which are possible objects of cognition. However, although Kant denies that these rather unique content-bearers can be used for purposes of “speculative cognition,” he does think that they have an internal functional value for human cognitive systems. Although under my analysis of their functional value the IPRs subserve a highest-order aim which derives from theoretical reason — namely, to ground and optimize cognitive systematicity — their directive content in fact renders their implementation(thus their form of intentionality) more characteristic of practical reason. Kant’s positive account of reason’s “interest” in and use of the IPRs exhibits a kind of cognitive pragmatism. -/- Of utmost concern to the cognitive-semantic enterprise, as I conceive it, is the development of (what might be called) a metaphysics of intentionality. A `metaphysics of intentionality', as I use the term, refers to a coherent set of postulative propositional cognitions (or, at any rate, content-bearing entities) implemented, first, for the sake of rationally explaining the phenomenological unity and object-directed character of our perceptual states and, second, to explain why the objects represented in such states are, or must be, law-governed and thus necessarily amenable to scientific investigation. On my view, the discussions in Kant’s third Critique nontrivially contribute to the development of a metaphysics of intentionality and thus to the larger cognitive-semantic enterprise of Kant's first Critique, and it is this link that lends Kant's third Critique a cognitive significance. -/- . (shrink)

Newton rested his theory of mechanics on distinct metaphysical and epistemological foundations. After Leibniz's death in 1716, the Principia ran into sharp philosophical opposition from Christian Wolff and his disciples, who sought to subvert Newton's foundations or replace them with Leibnizian ideas. In what follows, I chronicle some of the Wolffians' reactions to Newton's notion of absolute space, his dynamical laws of motion, and his general theory of gravitation. I also touch on arguments advanced by Newton's Continental followers, such as (...) Leonhard Euler, who made novel attempts to defend his mechanical foundations against the pro-Leibnizian attack. This examination grants us deeper insight into the fate of Newton's mechanics on the Continent during the early eighteenth century and, more specifically, sheds needed light on the conflicts and tensions that characterized the reception of Newton's philosophy of mechanics among the Leibnizians. (shrink)

Arguably, ethical guidelines and medical laws on medical confidentiality have fallen short of extrapolating the methodology for dealing with potential ethical complexities in its practice. This drawback has made it difficult for physicians to prevent harm from occurring if it has not yet happened, remove harm if it has already taken place, or minimise harm if it is unavoidable. Therefore, this article attempts to outline certain principles in the form of a framework to govern the management of confidential information in (...) light of Islamic legal maxims. This effort is meant to help health workers to deal with conflicting situations, with reasonable care given to those at risk, while maintaining therapeutic trust and professionalism. The notable significance of this framework is that it is structured after identifying the potential harms in the protection and disclosure of medical confidentiality in selected cases from patient's, doctor's and third party's perspectives and addressing each of them with due importance. (shrink)

The interpretation of Isaac Newton's texts has sparked controversy to this day. One of the most heated debates relates to the action between two bodies distant from each other (the gravitational attraction), and to what extent Newton involved God in this case. Practically, most of the papers discuss four types of gravitational attractions in the case of remote bodies: direct distance action as intrinsic property of bodies in epicurean sense; direct remote action divinely mediated by God; remote action mediated by (...) a material ether; or remote action mediated by an immaterial ether. The purpose of this paper is to argue that Newton categorically rejected the types of direct action as the intrinsic property of bodies, and remote action mediated by a material ether. Concerning the other two types of action, direct through divine intervention and mediated through an immaterial environment, Newton has repeatedly stated that he does not know the exact cause of gravity, but in both cases, he has directly involved God, directly in the first case and as the primary cause (the environment/ether being the secondary cause) in immaterial mediated action. But since recognition of direct distance action could have given some credit to those who thought gravity could be essential to matter, and hence to atheism, Newton never openly acknowledged the possibility of such an idea. -/- Keywords: Isaac Newton, action at a distance, God, gravity, gravity law, gravitation -/- CONTENTS -/- Abstract Introduction Principia Correspondence with Richard Bentley Queries in Opticks Conclusions Bibliography -/- ISBN 978-606-033-201-5, DOI: 10.58679/TW14959. (shrink)

Berkeley, Newton, Explanation, and Causation -/- I argue in this paper that Berkeley’s conception of natural law explanations, which echoes Newton’s, fails to solve a fundamental problem, which I label “explanatory asymmetry"; that the model of explanation Berkeley uses fails to distinguish between explanations and justifications, particularly since Berkeley denies real (efficient causes) in non-minded nature. At the end I suggest Berkeley might endorse a notion of understanding, say in astronomy or mechanics, which could be distinguished from explanation.

Capital punishment—the legally authorized killing of a criminal offender by an agent of the state for the commission of a crime—stands in special need of moral justification. This is because execution is a particularly severe punishment. Execution is different in kind from monetary and custodial penalties in an obvious way: execution causes the death of an offender. While fines and incarceration set back some of one’s interests, death eliminates the possibility of setting and pursuing ends. While fines and incarceration narrow (...) one’s routes to happiness, death eliminates its possibility. Not surprisingly, there is much debate about the moral permissibility of capital punishment. This entry maps the terrain of this debate. The first section discusses justifications of the death penalty as they appear in major theories of punishment. The second section surveys moral objections to execution that apply to most justifications. The third addresses procedural criticisms, which do not target the morality of execution so much as the justice of its implementation. (shrink)

Both European and Anglo-American philosophical traditions of Kant scholarship draw a sharp distinction between Kant’s theoretical and practical philosophies. They cite KrV, A 14.23 –28; KrV, A 15.01– 09; KrV, B 28.22 – 28; KrV, B 29.01 –12 as evidence that the analyses of intuition, understanding and reason proffered in the first Critique apply to cognition only, and therefore do not significantly illuminate his analyses of inclination, desire, or respect for the moral law in the Groundwork, second Critique, Metaphysics of (...) Morals, or Religion. This paper is part of a larger project that takes issue with this near-universal consensus, and with the canonical interpretation of KrV, A 14.23– 28; KrV, A 15.01 –09; KrV,B 28.22 –28; KrV, B 29.01 – 12. Many of the most important terms in Kant’s mature moral philosophy – such as “action,” “reason,” “freedom,” “will,” “categorical,” “imperative,” “ought,” “maxim,” “duty,” “inclination,” “end,” and “idea” – are introduced, and sometimes elaborated at length, in the first Critique; and often appear in the Groundwork with little or no further elaboration. This suggests that Kant intended the analysis of self and rationality in the first Critique to serve as a formal foundation for his subsequent analysis of practical deliberation and moral motivation in the Groundwork. Here I argue specifically that Kant’s use of the first-/third-person asymmetry in his analysis of action in the first Critique’s Resolution of the Third Antinomy is necessary to his account of moral motivation and moral intention in the Groundwork; and that the structure of pure apperception he offers in the Transcendental Deduction resolves this asymmetry. (shrink)

ABSTRACT The individual-community relationship has always been one of the most fundamental topics of social sciences. In sociology, this is known as the micro-macro relationship while in economics it refers to the processes, through which, individual actions lead to macroeconomic phenomena. Based on philosophical discourse and systems theory, many sociologists even use the term "emergence" in their understanding of micro-macro relationship, which refers to collective phenomena that are created by the cooperation of individuals, but cannot be reduced to individual actions. (...) "Emergence" theories attempt to explain the nature of society as a complex system by examining how individuals and their relationships lead to the creation of integrated and macro-social phenomena such as markets, educational systems, cultural beliefs, and shared social practices. As a prelude to activity, every researcher has to answer the question from the methodological point of view, how is it possible to study the behavior of social groups and how can we gain knowledge about the laws related to social groups? Anyone who deals with humanities and social sciences or any reality and phenomenon that affects human beings, inevitably deals with the reality that is emerging. In fact, emergence occurs when one level of reality emerges radically from another level. Examples of emergent levels of reality include how the mind emerges from the body; or the way society emerges from human beings. Therefore, when there is an emerging factor, different scientific disciplines should be used, because it is inevitable to talk about social affairs, psychology and neurobiology, as well as physical and even chemical. -/- INTRODUCTION Since its beginning in the 19th century, sociology has faced the fundamental question of what a social phenomena stands for? At a glance, sociologists deal with the study of social groups, collective behavior, institutions, social structures, social networks, and social dynamics, and ultimately all such phenomena are composed of individuals. Therefore, social phenomena seem to have no independent ontological status, and in this case, sociology is ultimately about reducible individuals. Different approaches about the micro-macro relationship, using the concept of "emergence", argue that although collective phenomena are created by individuals, they cannot be reduced to individual action. The term "emergence" is used to distinguish "emergent results" from " Procedural results". Results are called Procedural that can only be calculated by adding or subtracting the causes that act together. On the contrary, they are emergent outcomes that are qualitatively novel compared to the causes from which they originate. An example of such emergent results is mental characteristics that emerge from neural processes, but are not considered among the characteristics of neural processes of components - which are their origin. Philosophical debates about emergentism and reductionism focus on the mind-brain relationship, but as many philosophers have noted, they can be generalized to apply to any hierarchical set of features. The cognitive revolution reactivated a 19th century controversy between theorists of Identity and dualism. The theorists of Identity believe in reductionist materialism and elimination of metaphysics, according to which the mind is nothing more than the biological, while the dualists believe that the mind and the brain are distinct from each other. Emergence has been considered as a third way between the theories of Identity and dualism. -/- METHODOLOGY Interdisciplinarity Is fundamentally indicated by the dominance of open systems as well as social and emerging systems at different levels. Therefore, as long as we are facing a new emergentism, there will necessarily be different fields and an interdisciplinary method. The commonality of social sciences and cognitive sciences on the issue of emergence provides the possibility of interaction and exchange of concepts between these two for deeper research. Therefore, in this research, apart from the concepts of Subvenience and downward causation, we have used multiple realization and wildly disjunctive, which are used to explain the emerging concept in cognitive sciences, including neurobiology, psychology, and philosophy. For analytical and interdisciplinary approaches, after examining the concepts of subvenience, and wildly disjunctive, Individualistic and collectivist emergentism have been reviewed. And then their adequacy is criticized and evaluated in meeting strong emergence conditions. -/- FINDINGS Philosophers of the mind have been able to define the conditions of irreducibility and downward causation, which are essential for strong emergence, by using the principle of subvenience with the help of multiple realization and wildly disjunctive principles. Therefore, by definition, emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and emergentist collectivism faces the challenge of reification. The analysis of the challenges facing the two methodological approaches of individualism and collectivism leads us to three unresolved issues about the emerging phenomenon, which are realism, downward causality, and mechanism. Despite the differences in the stances of these two approaches regarding the aforementioned triple problems, individualists and collectivists both agree that some social characteristics are reducible; and some others are irreducible due to their complexity, the determination of which, depends on the case study of the mechanism of emergence of each social characteristic. -/- CONCLUSION An emergence that is consistent with reductionism is called a weak emergence. And strong emergence includes the principle of irreducibility and downward causality. According to strong emergence, the characteristics of social phenomena have downward causal power, which cannot be reduced to the causal forces. The principle of subvenience, together with multiple realization and wildly disjunctive, can provide the conditions of irreducibility and downward causality, which are essential conditions of strong emergence. Based on the philosophical analysis of two methodological approaches, individualist and collectivist, it can be concluded that emergentist individualism suffers from the problem of how to explain downward causality and irreducibility, and reification collectivism faces the challenge of reification. The analysis of the problems faced by these two approaches leads us to three unresolved issues, which are realism, downward causality, and mechanism. individualist emergentists acknowledge the existence of emergent social characteristics, but despite this, they believe that these characteristics are not real but merely analytical constructs that require explanation based on individuals and their mutual actions. But collectivists argue that emergentism yields a categorical ontology and supports social realism. They accept the dependence of social characteristics on individuals, but claim that social entities and structures are ontologically independent. Individualists and collectivists both agree that some social characteristics are reducible; and others are irreducible due to their complexity; and the only way to recognize this is to engage in empirical studies of the mechanisms and temporal processes of "emergence" that create social characteristics. -/- NOVELTY The newness of this compact article is as follows: a) Presenting an interdisciplinary approach using the analysis of philosophy of cognitive sciences, including the philosophy of mind, neurobiology and psychology to formulate the issue of social emergence; b) Criticizing individualist and collectivist methodological approaches to the issue of social emergence and explaining the sufficiency and shortcomings of both in providing weak and strong emerging conditions; c) Explaining and categorizing the challenges facing methodological approaches in explaining the phenomenon of social emergence, in three categories: realism, downward causality, and mechanism. BIBLIOGRAPHY Beckermann, A., Flohr, H., & Kim, J. (eds.) (1992). Emergence or reduction? Essays on the prospects of nonreductive physicalism. Berlin: Walter de Gruyter. Bhaskar, R. (1979). The possibility of Naturalism. New York: Routledge. Bhaskar, R., Danermark, B. & Price, L. (2018). Interdisciplinarity and wellbeing: A critical realist general theory of interdisciplinarity. London and New York: Routledge. Blau, P.M. (1981). Introduction: diverse views of social structure and their common denominator. In Blau, P.M. & Merton, R.K. (eds.), Continuity in Structural Inquiry (pp. 1–23). Beverly Hills: Sage. Blau, P.M. (1987). Microprocess and macrostructure. In K.S. Cook (ed.), Social Exchange Theory (pp. 83–100). Newbury Park, CA: Sage. Brooks, R.A., & Maes, P. (eds). (1994). Artificial life IV; proceedings of the Fourth International Workshop on the Synthesis and Simulation of Living Systems. Cambridge, Mass: MIT Press. Clark, A. (1997). Being there: Putting brain, body, and world together again. Cambridge, Mass.: MIT Press. Coleman, J. S. (1987). Microfoundations and macrosocial behavior. In: J. C. Alexander, B. Giesen, R. Munch, & Neil J. Smelser (Eds.). The Micro-Macro Link (pp. 153–73). Berkeley: University of California. Coleman, J. S. (1990). Foundations of social theory. Cambridge, MA: Harvard University Press. Elster, J. (1985). Making sense of Marx. New York: Cambridge University Press. Fodor, J.A. (1974). Special sciences (Or: The disunity of science as a working hypothesis). Synthese, 28(2), 97–115. Fodor, J.A. (1989). Making mind matter more. Philosophical Topics, 17, 59-79. Giddens, A. (1984). The constitution of society: Outline of the theory of structuration. Berkeley: University of California Press. Hempel, C.G. (1965). Aspects of scientific explanation and other essays in the philosophy of science. New York: The Free Press. Horgan, T. (1993). From supervenience to superdupervenience: meeting the demands of a material world. Mind, 102, 555-586. Humphreys, P. (1997). How properties emerge”. Philosophy of Science, 64, 1-17. Kim, J. (1999). Making sense of emergence. Philosophical Studies, 95, 3–36. Kincaid, H. (1997). Individualism and the unity of science. New York: Rowman & Littlefield. Lewis, D.K. (1986). The plurality of worlds. Oxford: Oxford University Press. Nigel, G., & Conte, R. (eds.) (1995). Artificial societies; The computer simulation of social life. London: UCL Press. O’Connor, T. (1994). Emergent properties. American Philosophical Quarterly, 31, 91-104. Popper, K.R. (1968). Conjectures and refutations: The Growth of Scientific Knowledge. New York: Harper & Row. Sawyer, R. K. (2001). Emergence in sociology: contemporary philosophy of mind and some implications for sociological theory. American Journal of Sociology, 107, 551-585. Sawyer, R. K. (2004). The mechanisms of emergence. Philosophy of the Social Sciences, 34, 260–282. Sawyer, R. K. (2005). Social emergence: societies as complex systems. Cambridge: Cambridge University Press. Sawyer, R.K. (2003). Nonreductive individualism: Part 2, Social causation. Philosophy of the Social Sciences, 33, 203–224. Winch, P. (1993). The idea of a social science and its relation to philosophy‭ (SAMT, Trans.). Tehran, Iran: SAMT. (shrink)

The central thesis of this paper is that the scope and structure of Hume's Treatise of Human Nature is modelled, or planned, after that of Hobbes's The Elements of Law and that in this respect there exists an important and unique relationship between these works. This relationship is of some importance for at least two reasons. First, it is indicative of the fundamental similarity between Hobbes's and Hume's project of the study of man. Second, and what is more important, by (...) recognizing this relationship between Hume's and Hobbes's works we can come to appreciate the unity of the project of the Treatise itself. My discussion will proceed in three stages. In section I present the evidence for my central thesis. In the second section I shall consider why Hume does not, as one might expect, acknowledge this important debt to Hobbes in the Introduction to the Treatise or in the Abstract. Finally, in the third section I shall note a few points of some importance to the understanding of Hume's philosophy which this relationship between Hobbes's and Hume's work touches upon. (shrink)

Introduction. The book is a study in Adam Smith's system of ideas; its aim is to reconstruct the peculiar framework that Adam Smith’s work provided for the shaping of a semi-autonomous new discipline, political economy; the approach adopted lies somewhere in-between the history of ideas and the history of economic analysis. My two claims are: i) The Wealth of Nations has a twofold structure, including a `natural history' of opulence and an `imaginary machine' of wealth. The imaginary machine is a (...) kind of Newtonian theory, whose connecting links are principles; provided either by `partial' characteristics of human nature or by analoga of physical mechanisms transferred to the social world; ii) a domain of the economic, understood as a self-standing social sub-system, was discovered first by Adam Smith. His `discovery' of the new continent of the economic was an `unintended result' of a deviation in his voyage to the never-found archipelago of natural jurisprudence. -/- 1. Imaginary machines and invisible chains: natural philosophy and method. The first chapter reconstructs Smith's views on the method in natural philosophy, presented primarily in the History of Astronomy (HA). The peculiar kind of semi-sceptical Newtonianism which permeates the essay is highlighted. Its reconstruction of the history of one natural science is shown to be based on the assumptions of Hume’s epistemology, and to lead to a self-aware deadlock. Smith's dilemma is between an essentialist realism and sceptical instrumentalism; the Cartesian presuppositions he shares with Hume and with the 18th century as a whole make it impossible for him to overcome his dilemma. The following chapters will show how, on the one hand, Smith's skeptical methodology encourages him in the enterprise to `carve off' a new self-contained discipline and how, on the other hand, his epistemological dilemma is reflected in the inner tensions of his moral and political theory as well as in a number of basic oscillations concerning the status of the new discipline. -/- 2. Chessboards and clocks: moral philosophy and method. -/- The second chapter reconstructs Smith's views on the method in the parallel field of moral philosophy, including the theory of moral sentiments and natural jurisprudence. I argue that The Theory of Moral Sentiments, when considered together with with the Lectures on Jurisprudence, where Smith's peculiar version of a `weaker' form of natural law is presented, wins special interest, not only for the history of ethics but even more for the history of political theory and the social sciences. The two most striking features of Smith's work in this area are highlighted. First, his effort at reformulating the `practical science' is a methodologically self-aware attempt at applying the Newtonian method to moral subjects. Secondly, this attempt ends in a stalemate as two distinguished kinds of normative order are introduced: one ultimate order of Reason, ultimately justifiable but inaccessible, and one weaker order of our `natural sentiments', to which we have empirical access, but which is so variable as to lack any ultimate value as a basis for grounding our normative claims. These two parallel conundrums may arguably account for the author's inability to publish during his lifetime both The History of Astronomy and the projected history and theory of law and government. -/- 3. Wheels, dams, and gravitation: the structure of scientific argument in The Wealth of Nations. -/- The third chapter provides the core of the book, dealing with the structure of the argument in WN. I argue that the main presupposition that makes the shift possible from a `natural history' to a `system' approach is the Newtonian contrast of `mathematical' with `physical' explanation; that is, Smith drops any discussion of the "original qualities" of human nature that could account for economic behaviour, while introducing, as `principles' for the system, a set of `hypothetical' statements of `observed' regularities in human behaviour and of `observed' super-individual self-regulating mechanisms. In bringing this presupposition to light, the coexistence of a teleological with a mechanistic approach is clarified; fresh light is shed on the notion of the invisible hand by a comparison of its occurrence in Smith with the occurrence of the same expression (until now overlooked) in the correspondence between Newton and Cotes. Finally, the peculiar semi-prescriptive and semi-descriptive character of political economy are highlighted, and the consistency of Smith's `impure' semi-prescriptive social science, when understood in his own terms, is defended against familiar charges with inconsistency and against even more familiar strained modernizations. -/- 4. Apples, deer, and frivolous trinkets: the construction of the economic. -/- The fourth chapter draws consequences from the third, examining how Smith's achievement in political economy, marking its transition to scientific status, carried a re-description of the phenomena, creating the comparatively independent and unified field of the economic. Smith's achievement is interpreted not as the `discovery' of an autonomous character already possessed by the economy out there, so much as a Gestalt-switch by which our perception of social phenomena is modified making us `see' the partial order of the economy as an isolated system. To sum up, the autonomy of the economic in social reality and the autonomy of the economic in social consciousness are shown to be two sides of one process. -/- 5. Concluding considerations: Political economy and the Enlightenment halved. -/- A few suggestions on the status of economic theory two centuries after The Wealth of Nations in its relationship to ‘practical philosophy’ are illustrated. (shrink)

Modernity seemed to be the autumn of eternity. The secularization of European culture provided little sustenance to the concept of eternity with its heavy theological baggage. Yet, our hero would not leave the stage without an outstanding performance of its power and temptation. Indeed, in the first three centuries of the modern period – the subject of the third chapter by Yitzhak Melamed - the concept of eternity will play a crucial role in the great philosophical systems of the (...) period. The first part of this chapter concentrates on the debate about the temporality of God. While most of the great metaphysicians of the seventeenth century – Suarez, Spinoza, Malebranche, and Leibniz – ascribed to God eternal, non-temporal, existence, a growing number of philosophers conceived God as existing in time. For Newton, God’s eternity was simply the fact that “He was, he is, and is to come.” A similar view of God as being essentially in time was endorsed by Pierre Gassendi, Henry More, Samuel Clarke, Isaac Barrow, John Locke, and most probably Descartes as well. In the second part of the chapter we study the concept of eternal truth, and its relation to the emerging notion of Laws of Nature. The third part of the chapter explicates Spinoza’s original understanding of eternity as a modal concept. For Spinoza, eternity is a unique kind of necessary existence: it is existence that is self-necessitated (unlike the existence of other things whose necessity derives from external causes). Eternity is the existence of God or the one substance. Yet, Spinoza claims that if we conceive finite things adequately - “sub specie aeternitatis” – as nothing but modes flowing from the essence of God, even finite things (like our minds) can take part in God’s eternity. The fourth and final part of the chapter is mostly focused on the reception of Spinoza’s original conception of eternity by Leibniz and other eighteenth century philosophers. (shrink)

One of the many arguments against capital punishment is that execution is irrevocable. At its most simple, the argument has three premises. First, legal institutions should abolish penalties that do not admit correction of error, unless there are no alternative penalties. Second, irrevocable penalties are those that do not admit of correction. Third, execution is irrevocable. It follows that capital punishment should be abolished. This paper argues for the third premise. One might think that the truth of this (...) premise is self-evident. But in his paper “Is the Death Penalty Irrevocable?” Mike Davis argues that it is false: the death penalty is not irrevocable. While Davis’ argument is itself somewhat compelling, it receives additional support from work in the metaphysics of death, specifically the literature on posthumous harm. Strengthened in this way, the argument deserves careful consideration. I begin with a quick sketch of Davis’ argument, then show how the Pitcher-Feinberg theory of posthumous harm enables a more robust argument against the irrevocability of capital punishment, defending their theory of harm against standard objections in the literature. Having established the coherency of the robust argument, I conclude that it nevertheless fails to make the case against irrevocability. This is because it ignores the full set of practical requirements incumbent on legal institutions that wrongly punish someone. (shrink)

In this article, I build on my recent conceptions of law as poetry and of justice as dance by articulating three new conceptions of the relationship between law and justice. In the first, “poetry-based justice”, justice consists of a rigid choreography to a kind of musical recitation of the law’s poetry. In the second, “dancing-based law”, justice consists of spontaneous, freely improvised movement patterns that the poetry of the law tries to capture in a kind of musical notation. And in (...) the third, “reciprocal-legal justice”, justice and law consist of a reciprocally determining artistic collaboration between the democratic dancing masses and the aristocratic poetising elites. Given that each of these predominates in one of three types of community, I then present a reclassification of right-leaning, centrist and leftist societies as dominated by “literalist”, “kinetic” and “mutualist” communities (respectively), and offer suggestions for legislators and activists working in each type. In conclusion, law and justice, qua poetry and dance, become more flexible, inclusive and open to creative improvising and collaboration, a new form that I name, after Astraea, Greek goddess of divine justice, “astral legal justice”. (shrink)

Based on Galileo's experiments, Newton develops the theory of gravity in his first book Philosophiæ Naturalis Principia Mathematica ("Principia") of 1686. Immediately after, Robert Hooke accused Newton of plagiarism, claiming that he unduly assumed his "notion" of "the rule of the decrease of Gravity, being reciprocally as the squares of the distances from the Center". But, according to Edmond Halley, Hooke agreed that "the demonstration of the curves generated by it" belongs entirely to Newton.

In this article, I deal with the role of hypothesis in the scientific methodology of Isaac Newton, Francis Bacon and René Descartes. The first paragraph is about hypothesis in Newton's lexicon, especially trying to understand the meaning of his famous hypotheses non fingo. The second paragraph deals with Bacon's methodology, arguing especially that his epis-temology was the first to propose an artificial way for inductive inferences, also giving up all hypothesis in science. The third paragraph shows how Descartes, following (...) Bacon's traces and reading his methodology in the light of the idea of a Mathesis Universalis based on mental evidence, structures a full hypothetical-deductive methodology, charging metaphysics with the analytical phase and depriving experiments of any role in it. The fourth paragraph, on Newton again, tries to understand Newton's specific account of hypothesis as an auxiliary phase in the scientific discovery, and what really differentiates Newton from his contemporaries, Boyle and Hooke. (shrink)

The notion of space is one of the most discussed within classical physics concepts. The works of Copernicus and Galileo, as well as Gassendi´s ideas led to Newton to regard it as substance. This conception of space, allows the notion of symmetry is present in an indirect or implied, within the laws of physics, formed through the notions of equivalence and balance. The aim of this study is to identify the symmetry, through such notions, under the study of indistinction between (...) the repose state and the state of uniform translational movement known as the law of inertia. The philosophical approach is framed in the link between these notions and the problem of indistinguishability between states of different movement. We will discuss first the conception of space Telesio and Gassendi that led Newton to his absolutist conception of space. The conception of space and its relationship with Newton symmetry is the second part of our work. As a third part present linking of the Newtonian space with notions of balance, symmetry and equivalence. Subsequently they give our conclusions. (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)

In this paper I defend the traditional interpretations of Kant’s Formula of a Law of Nature from recent attacks leveled by Faviola Rivera-Castro, James Furner, Ido Geiger, Pauline Kleingeld and Sven Nyholm. After a short introduction, the paper is divided into four main sections. In the first, I set out the basics of the three traditional interpretations, the Logical Contradiction Interpretation, the Practical Contradiction Interpretation and the Teleological Contradiction Interpretation. In the second, I examine the work of Geiger, Kleingeld and (...) Nyholm: these three commentators reject the traditional interpretations entirely, but I argue that this rejection is ill-founded. In the third and fourth, I take a detailed look at Furner’s work, work in which he seeks to revise (rather than reject) the traditional interpretations. I argue that, despite his more modest aims, Furner’s revision is also ill-founded. (shrink)

Consonant with the ongoing “aesthetic turn” in legal scholarship, this article pursues a new conception of law as poetry. Gestures in this law-as-poetry direction appear in all three main schools in the philosophy of law’s history, as follows. First, natural law sees law as divinely-inspired prophetic poetry. Second, positive law sees the law as a creative human positing (from poetry’s poesis). And third, critical legal theory sees these posited laws as calcified prose prisons, vulnerable to poetic liberation. My first (...) two sections interpret two texts at the intersections among these three theories, namely Percy Bysshe Shelley’s “A Defense of Poetry” and Alexis de Tocqueville’s Democracy in America. Shelley identifies a poetic rebirth in the ruins of natural law, suggesting a philosophy of law as “natural poesis.” And Tocqueville names several figurative aristocracies capable of redeploying aristocratic law against democratic despotism, suggesting a philosophy of law as “aristo-poetic counterforce.” Finally, I propose a new theory of law as poetry bridging these two theories, “natural aristo-poetic counterforce.”. (shrink)

A presentation of Hooke’s 1674 monograph introducing the idea of universal gravity was included in the Philosophical Transactions (Royal Society 1775) and subsequently several letters containing observations, including one of Huygens. But obviously, after the publication of Principia in 1687, Hooke’s priority in proposing universal gravitation was forgotten. Hooke, considered as a “mechanical genius” rather than a scientist, was often at a social disadvantage to Newton, the noble theorist, or Huygens. Hooke’s inferior social status did not allow him to identify (...) with “free and unconfin’d” gentlemen such as Boyle, for example. DOI: 10.13140/RG.2.2.13746.45763. (shrink)