In this chapter, I examine Lewis's ideas about ontological innocence, ontological commitment and double-counting, in his discussion of composition as identity in Parts of Classes. I attempt to understand these primarily as epistemic or methodological claims: how far can we get down this route without adopting radical metaphysical theses about composition as identity?

According to the Ontological Innocence Thesis (OIT), grounded entities are ontologically innocent relative to their full grounds. I argue that OIT entails a contradiction, and therefore must be discarded. My argument turns on the notion of “groundmates,” two or more numerically distinct entities that share at least one of their full grounds. I argue that, if OIT is true, then it is both the case that there are groundmates and that there are no groundmates. Therefore, so I conclude, (...) OIT is false. Moreover, once we have seen why OIT is false, only three heterodox views about reality's structure remain. So this paper’s second conclusion is that, even after we have discarded OIT, we are in for an additional surprise. (shrink)

Intensity is a very little focused concept in philosophy. This work performs a conceptual analysis of intensity as a metaphysical concept and reveals the implications of intensity, showing us how intensity brings sense to its absolute limit and leads to a direct confrontation with chaos. Through this analysis, we reveal how intensity unfolds itself into the various ontological shapes which help us further determine the essence of ontology itself and the very sense that can be found within chaos.

Quine taught us the difference between a theory’s ontology and its ideology. Ontology is the things a theory’s quantifiers must range over if it is true, Ideology is the primitive concepts that must be used to state the theory. This allows us to split the theoretical virtue of parsimony into two kinds: ontological parsimony and ideological parsimony. My goal is help illuminate the virtue of ideological parsimony by giving a criterion for ideological innocence—a rule for when additional ideology (...) does not count against parsimony. I propose the expressive power innocence criterion: if the ideology of theory one is expressively equivalent to that of theory two, then neither is ideologically simpler than the other. In its favor I offer the argument from accuracy, showing that any account of a theoretical virtue that is supposed to make theories that have it more likely to be true than theories that do not must respect it. Next I consider its ramifications, eliminating rival views and passing judgment on some arguments from parsimony that can be found in the literature. Finally, I consider two objections. First: I address an objection arising from the possibility of languages with a ‘primitive’ operator that allows us to list a theory’s primitives in the object-language. Second: I address an objection raised by Nelson Goodman against attempts to reckon simplicity by expressive power. Both objections fail. (shrink)

Recent debates about mathematical ontology are guided by the view that Platonism's prospects depend on mathematics' explanatory role in science. If mathematics plays an explanatory role, and in the right kind of way, this carries ontological commitment to mathematical objects. Conversely, the assumption goes, if mathematics merely plays a representational role then our world-oriented uses of mathematics fail to commit us to mathematical objects. I argue that it is a mistake to think that mathematical representation is necessarily ontologically innocent (...) and that there is an argument from mathematics' representational capacity to Platonism. Given that it is common ground between the Platonist and nominalist that mathematics plays a representational role in science, this representationalist argument is to be preferred over the explanatory, or enhanced, indispensability argument. (shrink)

Failing -- Ontology and desire in Dionysius the Areopagite -- Apophatic theology and its vicissitudes -- The death drive: from Freud to Žižek -- The gift and violence -- Divine violence as trauma -- Mystical theology and the four discourses -- Theology as failure.

In this thesis I argue against unrestricted mereological hybridism, the view that there are absolutely no constraints on wholes having parts from many different logical or ontological categories, an exemplar of which I take to be ‘mixed fusions’. These are composite entities which have parts from at least two different categories – the membered (as in classes) and the non-membered (as in individuals). As a result, mixed fusions can also be understood to represent a variety of cross-category summation such (...) as the abstract with the concrete, the physical with the non-physical, and the possible with the impossible, just to name a few. -/- Proposed by David Lewis (1991) alongside his defence of classical mereology (the major theory of parthood which permits such transcategorial composites through its principle of unrestricted composition) it is my contention that mixed fusions are an under-examined consequence of indiscriminate mereological fusion which harbour a multitude of complications. In my attempt to discern their substantive character, throughout this thesis I make a case study of mixed fusions and uncover several problematic consequences which I think follow from their most plausible assessment. -/- These include: (1) that mixed fusions’ probable membership relations may lead to dubious foundational loops in the mereological Universe, or (2) otherwise that mixed fusions oblige an implausible ontological priority of the mereological Universe as a whole; (3) that mixed fusions contradict the reductive account of set theory they are proposed within, by plausibly being seen to have the same members as their class parts, and (4) that mixed fusions therefore confound a mereological thesis of Composition as Identity, which some (including Lewis) use to support classical mereology – a consequence which is potentially self-defeating; (5) that mixed fusions as sums of abstract and concrete entities both subvert Lewis’s (1986) system of modal realism, while (6) also undermining less expansive theories of possible worlds; and finally, (7) that even where some of the foregoing is resisted, it remains implausible that mixed fusions are ontologically innocent, because their supposed distinction from their parts in this case ensures that they need to be counted as additional entities in one’s ontology. -/- To be clear, I do not advance a theory of mereological hybrid nihilism in the sense of denying all cases of transcategorial composition. (I only cover a few select instances of mereological hybridism via mixed fusions after all.) Rather, I deny that mereological hybridism is plausible in full generality, by demonstrating that any cases of it are at least limited by the constraints that I identify. This in turn vindicates a call for a restriction on parthood theories and composition principles which allow certain types of categorially mixed entities – including restricting classical mereology with its principle of unrestricted composition. -/- Although theories of parthood like the standard classical mereology are not ordinarily developed for the sake of mereological hybrids like mixed fusions, these and other transcategorial composites are still among the logical consequences of such parthood systems operating with sufficient generality. The significance of my thesis, then, comes from showcasing how some of these kinds of entities do not conform to the systems in which they are included as required, and hence I argue for the rejection of unrestricted mereological hybridism as well as any mereological principles which support it. (shrink)

Plural expressions found in natural languages allow us to talk about many objects simultaneously. Plural logic — a logical system that takes plurals at face value — has seen a surge of interest in recent years. This book explores its broader significance for philosophy, logic, and linguistics. What can plural logic do for us? Are the bold claims made on its behalf correct? After introducing plural logic and its main applications, the book provides a systematic analysis of the relation between (...) this logic and other theoretical frameworks such as set theory, mereology, higher-order logic, and modal logic. The applications of plural logic rely on two assumptions, namely that this logic is ontologically innocent and has great expressive power. These assumptions are shown to be problematic. The result is a more nuanced picture of plural logic's applications than has been given thus far. Questions about the correct logic of plurals play a central role in the final chapters, where traditional plural logic is rejected in favor of a "critical" alternative. The most striking feature of this alternative is that there is no universal plurality. This leads to a novel approach to the relation between the many and the one. In particular, critical plural logic paves the way for an account of sets capable of solving the set-theoretic paradoxes. (shrink)

There is a fundamental ontological difference between two kinds of entity: things and objects. Unlike things, objects are not identical to any fusion of particulars. Unlike things, objects do not have mereological parts. While things are ontologically innocent, objects are not. Objects are meaty. I defend the distinction between things and objects, and provide an account of the nature of objects.

I argue in this dissertation that natural properties play a central role in David Lewis' modal realism. To argue in favor of this thesis I present: a bottom-up explanation of a top-down possible world metaphysics; a new definition of natural properties and natural fusion, a new mereological operation. To achieve these aims, in the first chapter, I contextualize the discussion, in the second I resume the discussion about universals in contemporary philosophy and argue that, considering the distinct formulations of the (...) problem, class nominalism combined with modal realism might be the best solution. Furthermore, I discuss Devitt's solution in which he defends that the problem about universals is, in fact, a pseudo problem. In the third chapter, I introduce a minimal ontology of properties, regarding natural properties, I discuss the existing definitions, present a new one and discuss some theories of similarity, a notion that is in the core of the definition I propose. Besides, I present how natural properties benefit the definition of terms of nomological package, linked to its fundamentality role. I also present some applications related to the rationality role that encompass some well-known philosophical problems of the second half of 20th century. In the fourth chapter, I present some varieties of philosophical realism, I consider the theoretical advantages of taking scientific realism as background and I discuss one more utility of natural properties, the solution to the problem of eligibility of reference or, the Putnam's paradox. In the fifth chapter, I discuss how mereology is important to link several aspects of Lewis' modal realism. For such, I discuss the relation between composition as identity and ontological innocence of mereology and I present the natural fusion mereology, a new mereological operation that aims to minimize the problems of unrestricted composition. (shrink)

It is a common view that if composition as identity is true, then so is mereological universalism (the thesis that all objects have a mereological fusion). Various arguments have been advanced in favour of this: (i) there has been a recent argument by Merricks, (ii) some claim that Universalism is entailed by the ontological innocence of the identity relation, (or that ontological innocence undermines objections to universalism) and (iii) it is entailed by the law of selfidentity. (...) After a preliminary introduction to the competing theories of persistence (necessary for a discussion of Merricks’ argument) I examine each in turn and demonstrate how they fail. I conclude that the prejudice that if composition as identity is true then Universalism is true, is unwarranted. Thus one motivation for believing Universalism is lost and those who believe composition as identity should now be receptive to some form of restricted composition. (shrink)

This book develops a new approach to plural arbitrary reference and examines mereology, including considering four theses on the alleged innocence of mereology. The authors have advanced the notion of plural arbitrary reference in terms of idealized plural acts of choice, performed by a suitable team of agents. In the first part of the book, readers will discover a revision of Boolosʼ interpretation of second order logic in terms of plural quantification and a sketched structuralist reconstruction of second-order arithmetic (...) based on the axiom of infinite, a la Dedekind, as the unique non-logical axiom. The work goes on to analyse the pros and cons of the new interpretation, also with respect to Linneboʼs objections to the thesis that second order logic is genuine logic. A theory of concepts that can be labelled as a theory of logical concepts is expounded. In the second part of the book, the authors consider grounding megethology on plural arbitrary reference and argue that the arguments for the ontological innocence of mereology are not conclusive and that – for a certain use of mereology – a thesis of innocence, similar to that of plural arbitrary reference, is defensible. The work proposes a virtual theory of mereology in which the role of individuals is played by plural choices of atoms. This considered work will appeal to scholars from branches of analytic philosophy, logic and the philosophy of mathematics in particular. (shrink)

In this paper I argue that composition as identity entails unrestricted composition. I also briefly consider a new take on the special composition question.

It is generally assumed that if it is possible to believe that p without believing that q, then there is some difference between the object of the thought that p and the object of the thought that q. This assumption is challenged in the present paper, opening the way to an account of epistemic opacity that improves on existing accounts, not least because it casts doubt on various arguments that attempt to derive startling ontological conclusions from seemingly innocent epistemic (...) premises. (shrink)

The author contextualizes the Problem of Evil in Open Theism system, listing its main theses, primarily the logic-of- love-defense (and free-will-defense) connected to Trinitarian speculation. After evaluating the discussion in Analytic Philosophy of Religion, the focus is on the personal mystery of evil, claiming that, because of mystery and vagueness, the Problem of Evil is undecidable. Recalling other schools of thought (Pareyson: ontology of freedom; Moltmann: Dialectical theology; Kenotic theology; Original Sin hermeneutics), the author tries to grasp their common insights. (...) One of them is the evident explanatory failure of theodicies, expressed in the antinomian statements ‘God is not innocent’. The author follows these insights, developing the concept of Eternal Immolation (Bulgakov), arguing that, without a proper understanding of its mystery (what is, and what is not), theistic theodicy could remain compromised. ‘Eternal Immolation’ is considered consequent – or already present – in recent speculations, it stands or falls when we accept that these reveal some unresolved points in Christian doctrine. Hence, ‘Eternal Immolation’ becomes a coordinating-concept, able to bring together their assumptions: several kinds of kenosis, the ontology of freedom with a logic-of-love defense, strongly linked to a libertarian human freedom, and the acknowledgement of the unresolved mystery of evil. (shrink)

This paper uses analytic philosophy to prevent merely verbal disputes about the concept of fiction within discussions on fictiones iuris. It provides a survey of potentially fruitful connections between legal fictions and fictionalism. More specifically, I will argue that by enriching current accounts of legal fictions in legal theory with insights from (1) the philosophy of language on fictional speech and from (2) contemporary metaphysics on philosophical fictionalism, it seems natural to explore the position that talk involving fictiones iuris is (...) structurally an exemplification of elliptical speech. Such fictionalism about legal fictions illuminates why prominent condemnations of fictions in law – e.g. as blatant falsehoods, shady fraudulences, or legal defects – are theoretical myths, since they fail to distinguish between analytically distinct (ontological, epistemic, alethic, semantic, and evaluative) levels. Moreover, a fictionalist account might even sharpen our sense of which legal fictions are more “innocent” than others. I will begin by introducing philosophical fictionalism (II), before the fictiones iuris will be characterized as an operation in legal reasoning by consulting the Leibnizian reconstruction of Roman Law’s epistemology (III). Sections IV and V seek to provide further clarifications on the ‘fictional’ / ‘fictitious’ distinction as well as the heterogeneity of fictionalist research questions. Section VI then contains a little guided tour through the different analyses of the concept of fiction(s) within fictionalism. Subsequently, I will show how insights from those discussions contribute to demystify some of the most prominent allegations raised against legal fictions (VII). Fictionalism about legal fictions, Section VIII tentatively suggests, might not only harmonize with both classic and recent treatments of legal fictions, but help to also highlight their epistemic values. In slogan form: fictiones iuris are instruments to preserve legal truths worth having. (shrink)

(Spanish) RESUMEN: La libertad absoluta postulada por Viktor Emil Frankl y Jean-Paul Sartre, la Shoah y la creencia en un dios omnipotente, bueno y justo parecen contradecirse. La pregunta por el sentido del sufrimiento de las víctimas del Holocausto (la verdadera catástrofe, el mayor crimen contra la humanidad), simbolizado por Auschwitz, y como punto de inflexión en la historia, es terriblemente dolorosa y parece no tener una respuesta filosófica ni teológica. A mi juicio, es importantísimo distinguir entre las víctimas inocentes (...) de la Shoah que perecieron y las víctimas inocentes que sufrieron un verdadero infierno y perdieron a sus seres queridos, pero que lograron sobrevivir. Ambas son víctimas, por supuesto, pero así como encontrarle un posible sentido al sufrimiento de las víctimas masacradas y gaseadas podría suponer un insulto a su sufrimiento y agonía –en especial, al horror que sufrieron los niños–, el horrible sufrimiento de los supervivientes pudo dar, tal vez, de alguna manera, un sentido a sus vidas después de la liberación de los campos de concentración y exterminio, ya fuera como voz, como protesta o como simple supervivencia. Frankl apuesta por un sentido último (que abraza el sentido del sufrimiento de las víctimas), y Sartre, aunque parezca no apostar por sentido alguno, volcó su vida al compromiso político después de la Segunda Guerra Mundial, y ello parece vislumbrar una minúscula pizca de sentido después de la barbarie. La filosofía de Frankl es un sí a la vida incluso en las situaciones más extremas, un grito casi nietzscheano que exalta el valor de la vida más allá de cualquier sufrimiento. Frankl, padre de la logoterapia y superviviente del Holocausto, abre una puerta a Dios al hablar de un dios inconsciente, una dimensión suprahumana y una fe incondicional, y define la religión como espiritualidad y como la búsqueda del hombre por el sentido último. Según Frankl, la libertad no se contradice con Dios, y la religión existe no a raíz de la barbarie, sino a pesar de la barbarie. El existencialismo sartreano es una filosofía de la libertad radical y de la responsabilidad. El hombre está condenado a ser libre. El ser humano es un ser en el que la existencia precede a la esencia. Somos totalmente responsables de lo que somos. Sartre afirma que la libertad humana es incompatible con Dios. En un mundo sin Dios, la moral la construyen los hombres, con sus propias decisiones y sus acciones, y la existencia y el sufrimiento de las víctimas no tienen sentido alguno. Sartre define al hombre como libertad, responsabilidad, angustia y contingencia. Frankl define al hombre como libertad, responsabilidad, espiritualidad y búsqueda de sentido. Con esta tesis me propongo entrar en la resbaladiza dimensión del dolor, la desesperación, el sentido y sinsentido del sufrimiento de las víctimas (teniendo presente los horrores de Auschwitz, que en teología y filosofía ha simbolizado desde la liberación de los campos la muerte de Dios y la muerte de la moral). Es verdad que no solo los hombres, mujeres y niños judíos fueron víctimas de la barbarie alemana, pero, como reza el mensaje de Elie Wiesel en la exposición permanente del Block 27 del Auschwitz-Birkeanu State Museum: "Not all victims were Jewish in this place, but all Jews were victims". La Shoah no es un episodio dentro de la Segunda Guerra Mundial, sino un punto de inflexión en la historia de la humanidad, y es una catástrofe que nos concierne a todos, hombres y mujeres judíos y no judíos, religiosos e irreligiosos, creyentes e increyentes, como seres libres, responsables y morales que somos –o que deberíamos ser. Muchas de las víctimas del Holocausto, en medio de la desesperación, entraron en las cámaras de gas orando, aferrándose a la esperanza de que ese final espeluznante no era un punto final. Con esta tesis no me propongo de ninguna manera responder a la eterna pregunta de si Dios existe o no, sino que propongo interpretar ese grito hacia Dios como un desesperado anhelo de esperanza. También me propongo encontrar una coherencia en las posturas de estos dos grandes pensadores para quienes la libertad y la responsabilidad definen al hombre: Frankl (quien apuesta por una dimensión suprahumana donde existe un sentido último en el que el sufrimiento de las víctimas tiene que tener algún sentido, aunque ese sentido sea completamente incomprensible en la dimensión humana) y Sartre (el existencialista ateo por excelencia, para quien el mundo, la existencia y el sufrimiento son absolutamente contingentes). En el primer capítulo expongo la logoterapia y el existencialismo sartreano: describo las tres dimensiones del hombre y las tres búsquedas de sentido propuestas por Frankl, y expongo las cinco consecuencias de "l'existence précède l'essence", centrándome en la libertad y la responsabilidad, y hablo del suicidio. El segundo capítulo está dedicado al dios inconsciente frankleano, la dimensión suprahumana, la búsqueda por el sentido último y la fe incondicional. En el tercer capítulo ilustro la libertad sin Dios sartreana, la ontología sartreana, el ateísmo sartreano y el humanismo sartreano, y hablo sobre la responsabilidad, la mauvaise foi, la contingencia, la situation y la angustia. El cuarto capítulo es necesariamente histórico (sin dejar de ser filosófico): me pregunto por la muerte de Dios después de Auschwitz, argumento y defiendo la unicidad del Holocausto (la Shoah es un punto de inflexión en la historia de la humanidad), describo las masacres antes de los campos de exterminio (Einsatzgruppen, Ordnungspolizei y Wehrmacht), el gigantesco complejo de Auschwitz (Stammlager, Auschwitz-Birkenau y Monowitz-Buna), reflexiono sobre Dios y el mal (centrándome en los niños de Auschwitz), describo los días de Frankl en Auschwitz, hablo de Dios como esperanza, de la inmortalidad y la escatología, de la crueldad de Dios, de la relación entre el cristianismo y el antisemitismo, del islam y el antisemitismo, critico el silencio de Dios, hablo de la muerte de Dios y del juicio contra Dios. En el quinto capítulo expongo la moral frankleana (una moral que atañe al hombre y no a Dios), basándome en su teoría del amor y en su única obra de teatro (Synchronisation in Binkerwald), y la moral sartreana (una moral que atañe a una humanidad sin Dios), recordando a Dostoyevsky, analizando la famosa cita de Garcin en Huis clos "L'enfer, c'est les Autres", criticando el marxismo de Sartre y cuestionando (con la mirada de Frankl y Sartre) el verso de Brecht "Erst kommt das Fressen, dann kommt die Moral"; al final del capítulo incluyo una reflexión propia y las críticas frankleana y sartreana sobre la impunidad de los verdugos y colaboradores después del Holocausto (con el permiso de Dios). Después de la Conclusión, añado un Apéndice sobre las vidas de Frankl y Sartre, para poder entender mejor su obra. PALABRAS CLAVE: logoterapia, existencialismo sartreano, búsqueda de sentido, libertad, responsabilidad, moral, angustia, sufrimiento, supervivientes, víctimas, contingencia, espiritualidad, religión, Dios, esperanza, antisemitismo, culpa, Auschwitz, Holocausto, Shoah. /// (English) ABSTRACT: The absolute freedom defended by Viktor Emil Frankl and Jean-Paul Sartre, the Shoah and the belief in an omnipotent, benevolent and just God seem to contradict each other. The question of the meaning of the victims' suffering of the Holocaust (the true catastrophe, the biggest crime against humanity), simbolised by Auschwitz and as a turning point in History, is terribly painful and doesn't seem to have an answer. In my opinion, it's crucial to distinguish between the innocent victims of the Shoah who perished and the innocent victims who sufferend a real hell and lost their loved ones, but managed to survive. Both are victims, of course, but just as finding a possible meaning to the suffering of the massacred and gassed victims could result in an insult to their suffering and agony –especially to the horror that the children suffered– the gigantic suffering of the survivors could, maybe, somehow, give a meaning to their lives after the liberation of the concentration and extermination camps, either as a voice, as a protest, or as a simple survival. Frankl believes in an ultimate meaning (that embraces the meaning of the victims' suffering), and Sartre, even if it appears not to embrace any meaning, turned his life to political engagement after War World II, and that attitude seems to give a tiny glimpse of meaning after the barbarity. Frankl's philosophy says yes to life even in the most extreme situations, and it's a Nietzschean-like scream that exalts the value of life beyond any monstrous suffering. Frankl, the father of logotherapy and a Holocaust survivor, opens a door to God when he talks about an unconscious God, a supra-human dimension and an unconditional faith; he defines religion as spirituality and as man's search for ultimate meaning. According to Frankl, freedom is not contradictory with God, and religion exists not because of the barbarity but in spite of the barbarity. Sartrean existentialism is a philosophy of radical freedom and responsibility. Men are condemned to be free. We are beings where the existence precedes the essence. We are completely responsible of what we are. Sartre argues that human freedom is incompatible with God. In a godless world, morality is constructed by people, with their own choices and actions, and human existence and the suffering of the victims don't have any meaning. Sartre defines man as freedom, responsibility, Angst and contingency. Frankl defines man as freedom, responsibility, spirituality and search for meaning. With this dissertation I attempt to enter in the slippery dimension of the pain, despair, meaning and meaninglessness of the victims' suffering (having in mind the horrors of Auschwitz, that in theology and in philosophy have simbolised, since the liberation of the camps, the death of God and the death of morality). It's true that not only Jewish men, women and children were victims of the German barbarity, but, as Elie Wiesel's message from the permanent exhibition from Block 27 of the Auschwitz-Birkeanu State Museum reads: "Not all victims were Jewish in this place, but all Jews were victims". The Shoah is not an episode inside War World II, but a turning point in the history of humankind, and a catastrophe that embraces us all, Jewish and not not Jewish men and women, religious and not religious, believers and not believers, as the free, responsible and moral beings that we all are –or that we should be. A lot of the victims, in the midst of their desperation, entered into the gas chambers praying, holding to the hope that their horrifying end was not the ultimate end. With this dissertation I do not attempt to answer the eternal question of the existence of God, rather, I will try to interpret that scream to God as a longing for hope. I also intend to find a coherence between the thought of these two great thinkers for whom freedom and responsibilty define man: Frankl (who argues that there is a suprahuman dimension where an ultimate meaning exists and where the victims' suffering has to have a meaning, even if this meaning is completely incomprehensible in the human dimension) and Sartre (the atheist existentialist par excellence, for whom the world, human existence and suffering are absolutely contingent). In the first chapter I expose logotherapy and Sartrean existentialism: I describe the three dimensions of man, the three searches for meaning, the five consequences of "l'existence précède l'essence" and I speak about suicide. The second chapter delves into the unconscious God, the supra-human dimension, the ultimate meaning and the unconditional faith. In the third chapter I expose the freedom without God defended by Sartre, Sartre's ontology, Sartre's atheism, Sartre's humanism, and his ideas about responsibility, mauvaise foi, contingency, situation, and Angst. The fourth chapter is necessarily historical (while being philosophical too): I wonder about the death of God after Auschwitz, I argue and defend the uniqueness of the Holocaust (the Shoah is a turning point in the history of humankind), I describe the massacres before the extermination camps (Einsatzgruppen, Ordnungspolizei y Wehrmacht), the gigantic Auschwitz camp complex (Stammlager, Auschwitz-Birkenau y Monowitz-Buna), I reflect on God and evil (focusing on the children of Auschwitz), I describe Frankl's days in Auschwitz, I talk about God as hope, about immortality and escathology, I discuss God's cruelty, the relationship between Christianity and antisemitism and Islam and antisemitism, I question the silence of God, and I talk about the death of God and about the trial against God. In the fifth chapter I talk about the Franklean morality (a morality that concerns man and not God), on the basis of his love theory and his only work of theater (Synchronisation in Binkerwald), and the Sartrean morality (a morality that concerns a humanity without God), remembering Dostoyevsky, analysing Garcin's famous quote in Huis clos "L'enfer, c'est les Autres", crticizing Sartre's marxism and questioning (with Frankl's and Sartre's eyes) Brecht's verse "Erst kommt das Fressen, dann kommt die Moral"; at the end of the chapter I include my own reflection (and Frankl and Sartre's critique) about the impunity of the executioners and collaborators after the Holocaust (with God's permission). After the Conclusion, I add an Appendix about the lives of Frankl and Sartre, which helps understanding better their work. KEYWORDS: logotherapy, existentialism, search for meaning, freedom, responsibility, morality, Angst, suffering, survivors, victims, contingency, spirituality, religion, God, hope, antisemitism, guilt, Auschwitz, Holocaust, Shoah. (shrink)

Despite the various criteria presented in the literature, most authors engaged in the debate about emergence agree on a fundamental distinction between strong/ontologically robust cases of emergence and weak/metaphysically innocent ones. The former typically involve entities that exhibit new causal capacities, while the latter are primarily associated with deductive unpredictability, conceptual novelty, and other qualities that highlight our epistemic limitations in understanding them. In this paper, I initially examine a paradigmatic example of weak emergence, namely the higher-level patterns generated by (...) virtual Cellular Automata (CAs) as analysed by Mark Bedau. Then, I demonstrate that the same mechanism can be observed in real biological systems, such as the dynamics governing the pigmentation ontogeny of the ocellated lizard (Timon lepidus). Unlike virtual CAs, however, real CAs produce patterns that seem to perform non-reducible functions. Therefore, I propose that despite the similarities between virtual and real CAs, the pigmentation pattern of the ocellated lizard should be regarded as a case of strong emergence. Moreover, I suggest that this analysis may shed light on the nature of biological emergent entities in general. Finally, the paper includes an Addendum introducing an issue that, while not exhaustively addressed here, is highly relevant: how to metaphysically conceptualise the causal efficacy exhibited by the pigmentation patterns. (shrink)

Mereological entities often seem to violate ‘ordinary’ ideas of what a concrete object can be like, behaving more like sets than like Aristotelian substances. However, the mereological notions of ‘part’, ‘composition’, and ‘sum’ or ‘fusion’ appear to find concrete realisation in the actual semantics of mass nouns. Quine notes that ‘any sum of parts which are water is water’; and the wine from a single barrel can be distributed around the globe without affecting its identity. Is there here, as some (...) have claimed, a ‘natural’ or ‘innocent’ form of mereology? The claim rests on the assumption that what a mass noun such as ‘wine’ denotes — the wine from a single barrel, for example — is indeed a unit of a special type, the sum or fusion of its many ‘parts’. The assumption is, however, open to question on semantic grounds. (shrink)

This chapter investigates the Institutional Distribution Question for backwards-looking collective moral responsibility for institutional action, namely, the question how blame is to be distributed over members of an institution in virtue of its being collectively to blame for some harm. The distribution of blame over members of an institution for harms that the institution brings about must take into account the different institutional roles of its members. This is the primary difference between the question of distribution of responsibilities in unorganized (...) groups and in institutional groups. A central goal of this chapter is to say how and why this makes a difference. The two central organizing ideas will be that of a role that is a responsibility magnet, that is, one which attracts individual responsibility for blameworthy institutional action and that of a role which is, at least in certain respects, a responsibility shelter. In a responsibility shelter, the occupier of the role is at least provisionally innocent of blame for institutional action that is itself blameworthy, even when the agent in the role makes a contribution to it. What roles are magnets or shelters can be sensitive to the context and type of action the institution undertakes. The central theoretical tool in determining what roles are magnets and what roles are shelters is how collectively accepted proxy agent roles structure trust and responsibility burdens in an institution. (shrink)

This study examined the usage of the relative clause as a wealthy, crucial and complicated syntactic procedure in modern English Literature through the examination of Amaka Azuike’s Violated, a short play. The study determined the use of relative clauses in terms of their frequency of occurrence and type used, and it showed that English language speakers mostly attempt to use the "easier" type of the relative clauses to combine sentences for clarity of relaying messages. The paper extracted examples of relative (...) clauses from Violated to determine its aim of identifying the types of relative clauses used and the frequency of occurrence as well as the functions of the relative clauses in the play. The study also exposed the clarity the reader derives from the author’s use of relative clauses in creating a visible mental picture of issues presented in the story. The study adopted the descriptive grammar framework to account for the way relative clauses have been used in the play by the author. The study found that the author of the text used finite relative clauses and only one complex relative clause. Also, it discovered that the usage of relative clauses made the story quite state-of-the-art in style. (shrink)

The study examines English as Foreign Language (EFL) students’ attitude towards developing their speaking abilities at KRI University in order to better understand the disparities in speaking competency among undergraduates. The study utilized a quantitative approach and employed a 4-item interview survey to gather data for the study. The survey interview questionnaire was adopted from Wang, Kim, Bong, and Ahan (2013) and administered to 100 students in the departments of English of six universities in Iraq's Kurdistan Region. A semi-structured interview (...) was developed for EFL students. The questionnaire was online and an open-ended one. The data from the participants was analyzed using thematic analysis with (SPSS) software. The finding revealed a perceived failure in EFL students' English-speaking skills and this was reported along with causes of the perceived difficulty. The finding also revealed a poor level of speaking ability among EFL undergraduates as well as little education in the skill at the university level. Apart from these, the study discovered some major challenges for EFL students such as lack of confidence, lack of planning, a demotivating atmosphere, incorrect word choice, poor gestures, and incorrect style which made the students not to be successful in their speaking abilities. The study suggested that EFL learners' competency should be securitized to strengthen their speaking abilities in the light of the results of the study. Speaking is a crucial ability in language acquisition and EFL teachers should help their students acquire it. As a means of improving students' communicative ability, task-based instruction should be utilized in educational institutions and universities. The implication of this paper is that speaking difficulties among EFL students in the Iraqi Kurdistan Region institution can be solved by putting greater focus on this ability. There are several issues to consider, including teachers, instructional methodologies, the curriculum, extracurricular activities, and assessment rules. (shrink)

The category of ‘organism’ has an ambiguous status: is it scientific or is it philosophical? Or, if one looks at it from within the relatively recent field or sub-field of philosophy of biology, is it a central, or at least legitimate category therein, or should it be dispensed with? In any case, it has long served as a kind of scientific “bolstering” for a philosophical train of argument which seeks to refute the “mechanistic” or “reductionist” trend, which has been perceived (...) as dominant since the 17th century, whether in the case of Stahlian animism, Leibnizian monadology, the neo-vitalism of Hans Driesch, or, lastly, of the “phenomenology of organic life” in the 20th century, with authors such as Kurt Goldstein, Maurice Merleau-Ponty, and Georges Canguilhem. In this paper I try to reconstruct some of the main interpretive ‘stages’ or ‘layers’ of the concept of organism in order to critically evaluate it. How might ‘organism’ be a useful concept if one rules out the excesses of ‘organismic’ biology and metaphysics? Varieties of instrumentalism and what I call the ‘projective’ concept of organism are appealing, but perhaps ultimately unsatisfying. (shrink)

Derek Parfit defended Non-Realist Cognitivism. It is an open secret that this metaethical theory is often thought at best puzzling and at worst objectionably unclear. Employing truthmaker theory, I provide an account of Non-Realist Cognitivism that dispels charges of objectionable unclarity, clarifies how to assess it, and explains why, if plausible, it would be an attractive theory. I develop concerns that the theory involves cheating into an objection that ultimately reveals Non-Realist Cognitivism faces a dilemma. Whether it can escape demands (...) further attention. In bridging metaethics and the truthmaking literature, I illustrate the importance of greater meta-metaphysical reflection in metaethics. (shrink)

This paper argues for a distinction between fictional characters, as parts of intentionally created abstract artifacts, and intentional objects, as nonexistent objects generated by referential acts that fail to refer. It argues that intentional objects as the nonexistent objects of imagination and other objectual attitudes are well-reflected in natural language, though in a highly restricted way, reflecting their ontological dependence on referential acts. The paper elaborates how that ontological dependence can be understood.

This paper considers the philosophical interpretation of the concept of svabhāva, sometimes translated as 'inherent existence' or 'own-being', in the Madyamaka school of Buddhist philosophy. It is argued that svabhāva must be understood as having two different conceptual dimensions, an ontological and a cognitive one. The ontological dimension of svabhāva shows it to play a particular part in theories investigating the most fundamental constituents of the world. Three different understandings of svabhāva are discussed under this heading: svabhāva understood (...) as essence, as substance, and as the true nature of phenomena (absolute svabhāva). The cognitive dimension shows svabhāva as playing an important rôle in our everyday conceptualization of phenomena. Svabhāva is here seen as a superimposition (samāropa) which the mind projects onto the world. (shrink)

Some philosophical pluralists argue that both a top-down and a bottom-up approach serve as equally justified methods for engaging in ontological inquiry. In the top-down approach, we start with an analysis of theory and extrapolate from there to the world. In the bottom-up approach, we begin with an empirical investigation of the world and let our theory respond accordingly. The idea is that ontological conclusions arrived at via these two equally justified methods are then also equally justified. In (...) this paper, I argue that top-down/bottom-up methodological pluralism inadvertently grants primacy to the top-down approach. I go on to suggest that this is, in fact, unavoidable because it applies to ontological inquiry in general. Ontological inquiry invariably adopts the top-down approach because (a) ontological conclusions are not revealed during empirical investigations; instead, they are conceptual (i.e. theoretical) posits asserted top-down and (b) even if we consider both top-down and bottom-up approaches during ontological inquiry, such a consideration itself occurs from within theory (i.e. top-down). (shrink)

This paper addresses the issue of how to best account for the diversity of our (synchronic) mental activities. The discussion starts with Mark Textor’s mental monism. According to mental monism, our mental life is constituted by just one simple mental act, in which different sub-acts can be conceptually distinguished. Textor grounds this view in the work of the early Brentano and contrasts it with the theory of the later Brentano, who introduces a mental substance into his philosophy. According to Textor, (...) Brentano needs a substance because he is unable to explain how mental monism can account for the separability of our mental activities, e.g. the fact that I can stop hearing F while still seeing blue. Textor argues, however, that mental monism can solve this problem. I address two issues regarding Textor’s view. First, I challenge his interpretation of Brentano by arguing that the early Brentano imports ontological complexity into our mental life; I defend Brentano’s view against possible criticisms, and I address some objections to mental monism. Second, I oppose Textor’s narrative about the mental substance. I argue that Brentano needs a substance not to explain separability, but rather to individuate our mental acts. I still argue, however, that Brentano’s earlier view (understood in my sense) is better than the substance account for dividing the mind. (shrink)

A thought experiment on the ultimate non-essence of Time.

The paper deals with the "deuteros plous", literally ‘the second voyage’, proverbially ‘the next best way’, discussed in Plato’s "Phaedo", the key passage being Phd. 99e4–100a3. The second voyage refers to what Plato’s Socrates calls his “flight into the logoi”. Elaborating on the subject, the author first (I) provides a non-standard interpretation of the passage in question, and then (II) outlines the philosophical problem that it seems to imply, and, finally, (III) tries to apply this philosophical problem to the "ultimate (...) final proof" of immortality and to draw an analogy with the ontological argument for the existence of God, as proposed by Descartes in his 5th "Meditation". The main points are as follows: (a) the “flight into the logoi” can have two different interpretations, a common one and an astonishing one, and (b) there is a structural analogy between Descartes’s ontological argument for the existence of God in his 5th "Meditation" and the "ultimate final proof" for the immortality of the soul in the "Phaedo". (shrink)

The authors argue that their target is orthogonal to the realism and instrumentalist debate. I argue that it is born directly from it. While the distinction is helpful in illuminating how some ontological commitments demand a theory of implementation, it's less clear whether different views cleanly map onto the epistemic and metaphysical uses defined in the paper.

Findings from the cognitive sciences suggest that the cognitive mechanisms responsible for some memory errors are adaptive, bringing benefits to the organism. In this paper we argue that the same cognitive mechanisms also bring a suite of significant epistemic benefits, increasing the chance of an agent obtaining epistemic goods like true belief and knowledge. This result provides a significant challenge to the folk conception of memory beliefs that are false, according to which they are a sign of cognitive frailty, indicating (...) that a person is less reliable than others or their former self. Evidence of memory errors can undermine a person’s view of themselves as a competent epistemic agent, but we show that false memory beliefs can be the result of the ordinary operation of cognitive mechanisms found across the species, which bring substantial epistemic benefits. This challenge to the folk conception is not adequately captured by existing epistemological theories. However, it can be captured by the notion of epistemic innocence, which has previously been deployed to highlight how beliefs which have epistemic costs can also bring significant epistemic benefits. We therefore argue that the notion of epistemic innocence should be expanded so that it applies not just to beliefs but also to cognitive mechanisms. (shrink)

In this paper, I propose the concept of the “animated persona,” a soundless voice that says, “I am here” and appears on the surface of someone or something. This concept can bring clarity to the experience of perceiving a kind of personhood on a corpse, a wooden mask, or even a tree. In the first half of this paper, I will examine some Japanese literature and a work of Viktor Frankl’s that discuss these phenomena. In the second half, I will (...) analyze the concept of animated persona from five perspectives: (1) a compelling power, (2) surface-ness, (3) religious experience, (4) universality, and (5) the meaning of “I.” Lastly, I will discuss the relationship among the three layers of biological object, animated persona, and self-conscious being. My aim is to shed new light on the meaning of the encounter between the living and the dead. (shrink)

Reconstructs the original Greek version of the confatalia-argument that Cicero attributes to Chrysippus in De fato and misrepresent in crucial ways. Compares this argument with Seneca's discussion of determinism in the Naturales quaestiones. Clarifies that Seneca makes a different distinction from that attested in Cicero's De fato. Argues that problems with interpreting both accounts derive from disregarding terminological distinctions harder to spot in the Latin versions and, related to this, insufficient attention to the ontological distinction between bodies (such as (...) Fate) and predicates (e.g. "what is fated"), which unfortunately does not square well with the modern ontological category "event." Contains some corrections to the author's earlier discussion of the topic in Seneca und die Stoa: Der Platz des Menschen in der Welt, De Gruyter 2006, ch. 3.3.4. (shrink)

For Francisco Suárez, beings of reason are non-existent objects that we can think about, objects like goat-stags and round squares. The first section of the fifty-fourth of Suárez’s Metaphysical Disputations is about the ontological status of beings of reason. Suárez’s view has been the subject of disagreement in the literature because he sometimes says that there are beings of reason, and he sometimes says there are not. In this paper, I argue for and explain an ontological pluralist reading (...) of Suárez. Ontological pluralism is the claim that there is more than one way of being. I distinguish between two varieties of ontological pluralism, strict and non-strict, and argue that Suárez endorsed the latter. In the contemporary literature, it is sometimes alleged that ontological pluralism is an idle hypothesis, unintelligible or philosophically vacuous. I argue that Suárez has a response to this objection in his argument against ontological monism. (shrink)

In this paper, the authors show that there is a reading of St. Anselm's ontological argument in Proslogium II that is logically valid (the premises entail the conclusion). This reading takes Anselm's use of the definite description "that than which nothing greater can be conceived" seriously. Consider a first-order language and logic in which definite descriptions are genuine terms, and in which the quantified sentence "there is an x such that..." does not imply "x exists". Then, using an ordinary (...) logic of descriptions and a connected greater-than relation, God's existence logically follows from the claims: (a) there is a conceivable thing than which nothing greater is conceivable, and (b) if <em>x</em> doesn't exist, something greater than x can be conceived. To deny the conclusion, one must deny one of the premises. However, the argument involves no modal inferences and, interestingly, Descartes' ontological argument can be derived from it. (shrink)

Computers may help us to better understand (not just verify) arguments. In this article we defend this claim by showcasing the application of a new, computer-assisted interpretive method to an exemplary natural-language ar- gument with strong ties to metaphysics and religion: E. J. Lowe’s modern variant of St. Anselm’s ontological argument for the existence of God. Our new method, which we call computational hermeneutics, has been particularly conceived for use in interactive-automated proof assistants. It aims at shedding light on (...) the meanings of words and sentences by framing their inferential role in a given argument. By employing automated theorem reasoning technology within interactive proof assistants, we are able to drastically reduce (by several orders of magnitude) the time needed to test the logical validity of an argu- ment’s formalization. As a result, a new approach to logical analysis, inspired by Donald Davidson’s account of radical interpretation, has been enabled. In computational hermeneutics, the utilization of automated reasoning tools ef- fectively boosts our capacity to expose the assumptions we indirectly commit ourselves to every time we engage in rational argumentation and it fosters the explicitation and revision of our concepts and commitments. (shrink)

The 14th-century Dominican theologian and philosopher Durand of Saint-Pourçain was among the intellectuals who took part in the medieval debate on virginity, especially on the relationship between virginity and marriage. This paper discusses a question of his Sentences Commentary (Super Sent., II, d. 20, q. 2), in which Durand poses the question of “whether or not there would have been a loss of virginity in marriage” (utrum in actu matrimoniali fuisset amissio virginitatis) both in statu innocentiae and in statu post (...) peccatum. This paper shows how Durand’s solution to the problem is in opposition to Augustine’s and Thomas Aquinas’s views, based on formal and material aspects of virginity. (shrink)

I argue that appreciation of the phenomenon of forgetting requires serious attention to its origins and place in nature. This, in turn, necessitates metaphysical inquiry as well as empirical backing – a combination likely to be eschewed by psychological orthodoxy. But, if we hope to avoid the conceptual vacuity that characterizes too much of contemporary psychological inquiry (e.g., Klein, 2012, 2014a, 2015a, 2016a), a “big picture” approach to phenomena of interest is essential. Adopting this investigative posture turns the “received view” (...) of the relation between remembering and forgetting on its head: Rather than treated as the result of breakdowns and limitations of biologically engineered systems of remembering, forgetting is accorded elevated status as the driving force behind the evolution of organic systems of information retention. (shrink)

The objective of this research programme is to contribute to the establishment of the emerging science of Formal Ontology in Information Systems via a collaborative project involving researchers from a range of disciplines including philosophy, logic, computer science, linguistics, and the medical sciences. The re­searchers will work together on the construction of a unified formal ontology, which means: a general framework for the construction of ontological theories in specific domains. The framework will be constructed using the axiomatic-deductive method of (...) modern formal ontology. It will be tested via a series of applications relating to on-going work in Leipzig on medical taxonomies and data dictionaries in the context of clinical trials. This will lead to the production of a domain-specific ontology which is designed to serve as a basis for applications in the medical field. (shrink)

This paper offers a social phenomenological reading of the globally binding practice of 'social distancing' in light of the precautionary measures against the spreading of the Covid-19 virus. Amid speculation about the far-reaching effects of temporarily applicable measures and foresights about the advent of an ethos that has been heralded by the media as the 'new normal', the ubiquitous phenomenon of social distancing calls for a fundamental ontological elucidation. The purported hermeneutic that is situated in the broader place branding (...) and experiential marketing literatures places Covid-19 in the shoes of Being, and, therefore, imagines how Being would behave ontologically if it were a virus. By positing that the virus does operate like Being, five these are formulated as experiential interpretive categories with regard to the ontological status of Covid-19. The adopted approach makes the following contributions to the extant literature: First, it addresses a wholly new phenomenon in place branding, namely a pre-branded place that is non-negotiable, globally applicable and seemingly equivalent to pure void. Second, it advances the application of phenomenological research in experiential consumption by highlighting the aptness of the so far peripheral (in the marketing discipline) strand of Heideggerian fundamental ontology. Third, it expands the notion of place in the place branding literature, by showing how spatialization is the outcome of temporalization, in line with the adopted phenomenological perspective. (shrink)

A *very* rough draft of a paper on Anselm's "ontological argument" in which I argue that the argument in the Proslogion rests on a robust notion of having "that then which nothing greater can be thought" in one's mind.

In this study, I reconstruct and compare Alain Badiou’s Being and Event (2005) and Graham Priest’s One (2014), arguing that the ontologies pursued within the two texts are intriguingly analogous in a number of ways. Both Badiou and Priest are committed to thinking through classically ontological problems without denying the validity of the paradoxes they raise; both regard Plato’s Parmenides as an early and formative account of these paradoxes; both establish conclusions to the effect that unity – or “oneness” (...) – is indeed a contradictory phenomenon; and both, as a corollary of this conclusion, develop frameworks which confer ontological prominence upon "the void" and "emptiness" respectively, thereby arriving at what appears to be a shared ontological nihilism. In this comparative study, I not only enquire whether the frameworks adopted by Badiou and Priest really do lead to nihilist conclusions, but also attempt to clearly outline their trajectories of thought for the benefit of those who might be tempted to dismiss their seemingly outlandish theses out of hand. (shrink)

Individualists about social ontology hold that social facts are “built out of” facts about individuals. In this paper, I argue that there are two distinct kinds of individualism about social ontology, two different ways individual people might be the metaphysical “builders” of the social world. The familiar kind is ontological individualism. This is the thesis that social facts supervene on, or are exhaustively grounded by, facts about individual people. What I call anchor individualism is the alternative thesis that facts (...) about individuals put in place the conditions for a social entity to exist, or the conditions for something to have a social property. Examples include conventionalist theories of the social world, such as David Hume’s theories of promises, money, and government, and collective acceptance theories, such as John Searle’s theory of institutional facts. Anchor individualism is often conflated with ontological individualism. But in fact, the two theses are in tension with one another: if one of these kinds of individualism is true, then the other is very unlikely to be. My aim in this paper is to clarify both, and argue that they should be sharply distinguished from one another. (shrink)

Modal ontological arguments are often claimed to be immune to the flqqperfect islandfrqq objection of Gaunilo, because necessary existence does not apply to material, contingent things. But Gaunilo’s strategy can be reformulated: we can speak of non-contingent beings, like quasi-Gods or evil God. The paper is intended to show that we can construct ontological arguments for the existence of such beings, and that those arguments are equally plausible as theistic modal argument. This result does not show that this (...) argument is fallacious, but it shows that it is dialectically ineffective as an argument for theism. (shrink)

Centred on 'Foams', the third volume of his Spheres trilogy, this article questions the privilege granted by Peter Sloterdijk to motifs of inclusion and exclusion, contending that whilst his prioritization of dwelling as a central aspect of human existence provides a promising counterpoint to the dislocative and isolative effects of post-industrial capitalism, it is compromised by its dependence upon an anti-cosmopolitan outlook that views cultural distantiation as a natural and preferable state of human affairs, and valorizes a purported ontological (...) security attained through defensive postures with respect to perceived foreigners or externalities. Sloterdijk’s conceptualization of culture as a kind of immune system, it is argued, although posited as a rebuke to models of essentialism and ethno-nationalism, provides ontological support to the xenophobic critiques of immigration that are today finding increasing currency. (shrink)

William of Ockham (d. 1347) is well known for his commitment to parsimony and for his so-called ‘razor’ principle. But little is known about attempts among his own contemporaries to deflect his use of the razor. In this paper, I explore one such attempt. In particular, I consider a clever challenge that Ockham’s younger contemporary, Walter Chatton (d. 1343) deploys against the razor. The challenge involves a kind of dilemma for Ockham. Depending on how Ockham responds to this dilemma, his (...) razor will, Chatton argues, either prove unacceptably dull when it comes to determining ontological commitment or prove unacceptably sharp when it comes to determining commitments entailed by certain theological doctrines. While Chatton’s objection is subtle and interesting in its own right, the broader significance of the debate between these thinkers lies in the light it sheds on medieval approaches to issues surrounding metaphysical methodology. (shrink)

Deflationary positions have been defended in many areas of philosophy. Most prominent are semantic deflationism about truth and reference, and meta-ontological deflationism, according to which existence has no deep nature and the standard neo-Quinean approach to ontology is misguided. Although both kinds of views have generated much discussion, surprisingly little attention has been paid to the question of how they relate to each other. Are they independent, is it advisable to hold them all at once, or do they even (...) entail each other? One exception is Amie Thomasson, who has argued that semantic deflationism actually entails meta-ontological deflationism. This is unexpected, since semantic deflationism is usually regarded as much less controversial than meta-ontological deflationism. In our paper, we will argue that Thomasson’s argument fails though, and that the connection between the views is in fact weaker than she makes them out to be. (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)