At the end of the first hypothesis, Parmenides gets Aristotle to agree that being [οὐσίας] must be in time; that is, that being must partake in at least one of the temporal modes: either to have been in the past, to be in the present, or it will be in the future (140e-142a). If this is true, then “the one does not partake in being” (141e7-8), meaning temporal being—to which Aristotle agrees, saying “Apparently not” (141e9). Parmenides then gets Aristotle to (...) agree that “Therefore, ‘the one’ in no way is” (141e9-10). This, however, contradicts the very first premise that begins Parmenides’ entire gymnastic exercise, “if one is” (137c4). The problem with the previous conclusion—that to be is to be in time—is that in professing his assent to it, Aristotle, in fact, gainsays it. He performatively contradicts the very thing he wants to assert. Aristotle answers Parmenides question, “Therefore could something partake of being in any way other than in one of those ways?” (141e7-8) with a two-word answer in Greek: “οὐκ ἔστιν [It’s not possible].” We can, therefore, ask of the very claim Aristotle is making—that it is impossible for something to be and not be in time—when in time does it hold true? At what time is it “not possible [οὐκ ἔστιν]” for something to not partake of temporal being? Is it not possible only in the present moment, in the past, or in the future? If Aristotle’s assertion is to have any force it must hold always. It has the same tenselessness as mathematical propositions, like ‘1+1=2.’ Forms, like mathematical entities, must necessarily have atemporal existence. Accordingly, in atemporally maintaining that anything that is must be in time, Aristotle undermines his own assertion. He performatively contradicts the very thing that he wants to affirm. (shrink)

It is widely believed, among philosophers of literature, that imagining contradictions is as easy as telling or reading a story with contradictory content. Italo Calvino’s The Nonexistent Knight, for instance, concerns a knight who performs many brave deeds, but who does not exist. Anything at all, they argue, can be true in a story, including contradictions and other impossibilia. While most will readily concede that we cannot objectually imagine contradictions, they nevertheless insist that we can propositionally imagine them, and regularly (...) do, simply by entertaining a text which prompts us to do so. I argue that this narrative does not bear scrutiny for two main reasons. First, because propositional imagining is beside the point, where truth in fiction is concerned; evaluating truth in fiction engages the cognitive architecture in ways that prohibit the mobilization of merely propositional imagination to that end. And second, because it is not obvious, given the strategies usually suggested, that we ever propositionally imagine contradictions in the first place—in fact, it seems we go out of our way to avoid directly imagining them. (shrink)

In this essay, I argue that Søren Kierkegaard’s oeuvre can be seen as a theater of ideas. This argument is developed in three steps. First, I will briefly introduce a theoretical framework for addressing the theatrical dimension of Kierkegaard’s works. This framework is based on a distinction between“performative writing strategies” and “categories of performativity.” As a second step, I will focus on Repetition: A Venture in Experimenting Psychology, by Constantin Constantius, one of the best examples of Kierkegaard’s innovative way (...) of doing philosophy. This strange and elusive book introduces the difficult and counter-intuitive notion of repetition. Repetition is a category of performativity that aims to activate the subjectivity of the reader. This performative effect is achieved by confronting the reader with an “unresolved”existential problem that is not yet drawn into clarity but is staged in all its confusions and contradictions. Kierkegaard’s pseudonym Constantius relies here on a performative writing strategy that is animated by a dialectic of advance and withdrawal. In the last and third step, I will analyze Constantius’s own reflection on the performative dimension of his text. Constantius has left several clues behind, each of which suggests that he deliberately developed a performative writing strategy. (shrink)

This chapter interprets G. E. M. Anscombe’s discussion in §31 of Intention of the relationship between expressions of intention and descriptions of matters of fact. For Anscombe, a statement like “I’m raising my arm” or “I’m going to get up at 7:00”, which expresses an intention by saying what is happening or is going to happen, is contradicted only by an opposing command or the expression of an opposing intention. I first challenge an interpretation of this passage as claiming that (...) the truth of statements like these is somehow independent of whether the action they describe is actually performed. Against this reading, my preferred interpretation highlights the fact that Anscombe is speaking here only of what contradicts expressions of intention, while her position is that statements like these describe the world in ways that will be contrary to, and so truth-functionally incompatible with, any opposing statements of fact. (shrink)

The principle of performative contradiction. On the epistemological significance of the dialogue form in Plato's "Euthydemus". - In this study, an analysis of the section 285d-288a of Plato's "Euthydemus" shall show two things: (1) The sophistic model of a world in which there is no contradiction, in which every linguistic utterance is true and every action correct, has no semantic inconsistencies, but can only be rejected with the help of the principle of performative contradictions. (2) It (...) is precisely these performative contradictions that make it necessary for Plato to philosophize not in treatises but in dialogues; in other words, that the philosophical relevance of the Platonic form of dialogue can be seen, among other things, in the fact that - in contrast to philosophical forms of representation such as the treatise, the essay, and a henology as reconstructed and represented by the Tübingen School - it permits the representation of performative reflections and performative contradictions. (shrink)

The word “hacker” has an interesting double meaning: one vastly more widespread connotation of technological mischief, even criminality, and an original meaning amongst the tech savvy as a term of highest approbation. Both meanings, however, share the idea that hackers possess a superior ability to manipulate technology according to their will (and, as with God, this superior ability to exercise will is a source of both mystifying admiration and fear). This book mainly concerns itself with the former meaning. To Thomas (...) this simultaneously mystified and vilified, elusive set of individuals exemplifies “the performance of technology” xx), showing the way in which “the cultural, social and political history of the computer...is fraught with complexity and contradictions” ix). In fact, he claims that hacking is more a cultural than technological phenomenon, citing Heidegger’s, “[t]he essence of technology is not anything technological” (56). (shrink)

The immediate purpose of this article is to examine Hannah Arendtʼs analysis of Adolf Eichmann in order to point out the groundlessness of her argument that evil, whether in the person of Eichmann himself or in general, can be treated as banal. The wider purpose of this article is to divest any argument that is based on the concept that evil is banal, ordinary, or trivial of any valid grounding. To develop the immediate purpose, the article begins with a close (...) analysis of the word ‘banal’ in the context of discussions of evil to highlight the immense (and dangerous) power of language. It discusses plausible reasons for Arendt’s choice of ‘The Banality of Evil’ as part of the subtitle of her book Eichmann in Jerusalem. It then addresses two major questions: How did Arendt obtain the impression of the banality of Adolf Eichmann in the first place? What are the consequences of considering evil as trivial? The argument is made that Arendt communicated, regardless of her intention, that evil was trivial. Moreover, Arendt’s description of evil as banal and trivial directly contradicts evidence that Arendt presented in Eichmann in Jerusalem. The article then turns to address the widespread adoption of Arendt’s account in the prominent literature on Eichmann and the Holocaust as a ‘thoughtless’ move, pointing out that this is precisely the kind of perverse account of evil that such subtle and evil mind as Eichmann’s would want us to entertain. To introduce its wider purpose, the article concludes with a discussion of the pernicious consequences of equating evil with banality and of the need to abandon definitively this point of view. The argument is made that ordinariness is not and should never be an excuse for crime, for doing so is akin to inviting evil into our homes and shrugging our shoulders upon its entrance. (shrink)

In the "Republic," Plato has Socrates attack poetry’s use of mimēsis, often translated as ‘imitation’ or ‘representation.’ Various scholars (e.g. Blondell 2002; Frank 2018; Halliwell 2009; K. Morgan 2004) have noticed the tension between Socrates’ theory critical of mimēsis and Plato’s literary practice of speaking through various characters in his dialogues. However, none of these scholars have addressed that it is not only Plato the writer who uses mimēsis but also his own character, Socrates. At crucial moments in several dialogues, (...) Socrates takes on a role and speaks as someone else. I call these moments “Socratic mimēsis.” While previous commentators have noticed some of these moments, they have either overstated their rarity or they have not studied them collectively. My dissertation is the first in-depth investigation of this phenomenon in the dialogues. Socrates’ dramatic imitation of others is way of teaching in a voice separate from his own, and it is also a way for Plato to speak to, and to educate, different kinds of audiences. Although “Socratic mimēsis” occurs throughout the Platonic corpus, I focus on three passages from three different dialogues, which are paradigm instances: [1] in the "Crito" Socrates plays the part of ‘the Laws’ (50a-54c); [2] in the "Theaetetus" he acts the part of ‘Protagoras’ (166a-168c); and [3] in the "Menexenus" he recites a funeral speech learned from ‘Aspasia’ (236d-249c). Instead of one-sidedly reading the dialogues as either only literary works of art or as only a series of philosophical arguments, this study gleans philosophic insights from the literary and dramatic details of the dialogues. In chapter one I argue that in the "Crito" Socrates tries to convince Crito of a universal and absolute ethics based on never committing injustice, but Crito is not able to understand. In order to make Crito more just—but not yet at the level of Socratic ethics—Socrates creates ‘the Laws’ to persuade Crito to expand his personal notion of justice. Socrates instills a political obedience in place of Crito’s existing lawlessness as a second-best recourse. Plato expects the astute listener or reader to see the contrast between Socrates’ earlier ethical principles, said in his own voice, with what he says in the voice of ‘the Laws.’ In chapter two I argue that in the part of the "Theaetetus" where Socrates defends Protagoras (often called ‘the Defense’), Socrates, by imitating ‘Protagoras,’ is actually criticizing Protagorean relativism. The Protagorean theory cannot account for mimēsis and Socrates’ mimetic act performatively contradicts the identity of appearance and reality, which the theory presupposes. Finally, in chapter three I argue that in the Menexenus the funeral oration that Socrates recounts for Menexenus that he heard from ‘Aspasia’ is actually a disguised criticism of political rhetoric and of Athenian imperialism. Although the speech is never interrogated within the dialogue, Plato provokes the listener or reader outside the dialogue to question its message and to see how it conflicts with many of Socrates’ positions in other dialogues. Beyond reconsidering the long-standing and persistent view that Plato was against poetry and mimetic performance, I re-examine the role that performance and role-playing can have in philosophy and pedagogy more generally. Actors, by taking on other personas, and audience members, in observing actors and their actions, are both involved in acts of imagination that can expand their horizon of thinking and feeling. (shrink)

Some commentators, such as Jürgen Habermas, think Martin Heidegger is guilty of a performative contradiction, because he uses judgments to situate judgments in a non-judicative context. This paper defends Heidegger by distinguishing two senses of judgment in his thought. Temporality enables two different directions of inquiry and hence two kinds of judgment. Scientific judgments arise when we turn from the temporal horizon toward entities alone; phenomenological judgments arise when we return to the temporal horizon in which such entities (...) are accessible. Consequently, using phenomenological judgments to show the condition for the possibility of scientific judgments is not contradictory. (shrink)

One of the still unsolved problems in liberal anarchism is a definition of social constituency in positive terms. Partially, this had been solved by the advancements of liberal discourse ethics. These approaches, built on praxeology as a universal framework for social formation, are detached from the need of any previous or external authority or rule for the discursive partners. However, the relationship between action, personal identity, and liberty within the process of a community becoming solely generated from the praxeological a (...) priori remains largely disputed. In order to develop a testable constitutional model, this study revises how the “ontological turn” was introduced into liberal theories and redefines the concept of liberty. Liberty is usually understood as a moral goal or measurement for just actions, as the generative principle of all social existence - individual and interpersonal. For this purpose, the function of performative contradiction within the mechanism of interpersonal “encounter”, as part of the co-generative process of the individual becoming and social formation was explored through the production of a game-based narrative historiography grounded on 19th century life writings. This narrative historiography was developed in the context of Swiss history, with a “design-based” research approach, and resulted in a prototype for networked storytelling through which the transformative learning process could be visible and the negotiation of competing individual visions of the future could be re-enacted. (shrink)

Dmitri Nikulin extends his earlier study of oral dialogue (On Dialogue [Lexington, 2006]) to an investigation of dialectic, moving from a narrative of its development in Plato and the history of philosophy (ch.s 1-3) through a renewed phenomenological account of oral dialogue (ch.s 4-5) to a critique, from the perspective of oral dialogue, of the limitations of written dialectic (ch. 6). I take up some of the provocations of his bold and open-ended argument. Does his own “writing against writing” constitute (...) a performative contradiction, and if so, does this attest his critique of the limitations of dialectic or exhibit, in the elicitative force of its irony, the transcending of these limitations? How, if at all, may we reconcile Nikulin’s radical claim that oral dialogue is the very mode of being human with the drive of the turn to written dialectic to understand being itself and its relation to being human? Just insofar as the virtues distinctive of written dialectic — above all, precision, systematic elaboration, and universality — move the philosopher to suspend oral dialogue in its essential attention to a particular other and to the “who” that one emerges as for this other, may this very suspension also constitute a phase within ongoing oral dialogue? Are the last words of the “(Dialectical) Conclusion” with which Nikulin paradoxically closes his critique of dialectic really just the opening words of a conversation that the attentive reader’s very being moves him to pursue? (shrink)

Dmitri Nikulin extends his earlier study of oral dialogue (On Dialogue [Lexington, 2006]) to an investigation of dialectic, moving from a narrative of its development in Plato and the history of philosophy (ch.s 1-3) through a renewed phenomenological account of oral dialogue (ch.s 4-5) to a critique, from the perspective of oral dialogue, of the limitations of written dialectic (ch. 6). I take up some of the provocations of his bold and open-ended argument. Does his own “writing against writing” constitute (...) a performative contradiction, and if so, does this attest his critique of the limitations of dialectic or exhibit, in the elicitative force of its irony, the transcending of these limitations? How, if at all, may we reconcile Nikulin’s radical claim that oral dialogue is the very mode of being human with the drive of the turn to written dialectic to understand being itself and its relation to being human? Just insofar as the virtues distinctive of written dialectic — above all, precision, systematic elaboration, and universality — move the philosopher to suspend oral dialogue in its essential attention to a particular other and to the “who” that one emerges as for this other, may this very suspension also constitute a phase within ongoing oral dialogue? Are the last words of the “(Dialectical) Conclusion” with which Nikulin paradoxically closes his critique of dialectic really just the opening words of a conversation that the attentive reader’s very being will move him to pursue? (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

In his last book, Le complexe des trois singes. Essai sur l’animalité humaine (2017), the French philosopher Étienne Bimbenet accuses “sensocentric” (« pathocentristes ») animal ethics of committing a performative contradiction: according to Bimbenet, these theories of animal rights — among which he focuses on the case of Zoopolis (2011) by Sue Donaldson and Will Kymlicka — would undermine themselves by means of declaring reason a “non-essential” feature of human beings, while at the same time those theories themselves (...) can only be understood as a highly rational human endeavour. As we will try to point out, the alleged performative contradiction does not actually take place. First of all, Donaldson and Kymlicka only describe reason as “non essential” when it comes to describing moral patients, not moral agents, and particularly not moral theoreticians. In the second place, Zoopolis presents itself explicitly as an effort in “articulating moral reasons” — not as a renouncement of reason as such. (shrink)

Physical dimensions like “mass”, “length”, “charge”, represented by the symbols [M], [L], [Q], are not numbers, but used as numbers to perform dimensional analysis in particular, and to write the equations of physics in general, by the physicist. The law of excluded middle falls short of explaining the contradictory meanings of the same symbols. The statements like “m tends to 0”, “r tends to 0”, “q tends to 0”, used by the physicist, are inconsistent on dimensional grounds because “m”, “r”, (...) “q” represent quantities with physical dimensions of [M], [L], [Q] respectively and “0” represents just a number—devoid of physical dimension. Consequently, due to the involvement of the statement “q tends to 0'', where q is the test charge” in the definition of electric field leads to either circular reasoning or a contradiction regarding the experimental verification of the smallest charge in the Millikan–Fletcher oil drop experiment. Considering such issues as problematic, by choice, I make an inquiry regarding the basic language in terms of which physics is written, with an aim of exploring how truthfully the verbal statements can be converted to the corresponding physico-mathematical expressions, where “physico-mathematical” signifies the involvement of physical dimensions. Such investigation necessitates an explanation by demonstration of “self inquiry”, “middle way”, “dependent origination”, “emptiness/relational existence”, which are certain terms that signify the basic tenets of Buddhism. In light of such demonstration I explain my view of “definition”; the relations among quantity, physical dimension and number; meaninglessness of “zero quantity” and the associated logico-linguistic fallacy; difference between unit and unity. Considering the importance of the notion of electric field in physics, I present a critical analysis of the definitions of electric field due to Maxwell and Jackson, along with the physico-mathematical conversions of the verbal statements. The analysis of Jackson’s definition points towards an expression of the electric field as an infinite series due to the associated “limiting process” of the test charge. However, it brings out the necessity of a postulate regarding the existence of charges, which nevertheless follows from the definition of quantity. Consequently, I explain the notion of undecidable charges that act as the middle way to resolve the contradiction regarding the Millikan–Fletcher oil drop experiment. In passing, I provide a logico-linguistic analysis, in physico-mathematical terms, of two verbal statements of Maxwell in relation to his definition of electric field, which suggests Maxwell’s conception of dependent origination of distance and charge ) and that of emptiness in the context of relative vacuum. This work is an appeal for the dissociation of the categorical disciplines of logic and physics and on the large, a fruitful merger of Eastern philosophy and Western science. Nevertheless, it remains open to how the reader relates to this work, which is the essence of emptiness. (shrink)

There is another Socratic method, Socratic mimēsis, and an instance of this is when Plato has Socrates play ‘the annoying questioner’ in the Hippias Major. Other interpreters have suggested that the reasons for Socrates’s dramatic play are depersonalization and distance. I argue for viewing Socrates’s role-playing as a way to dramatize the inner dialogue that happens inside one’s mind in what we may call conscience. Hippias the sophist lacks a conscience: his focus is acquisitive as opposed to inquisitive. Plato has (...) staged a pedagogical theater of Hippias’s failed lesson for the benefit of Plato’s audience, the listeners/readers of the dialogue. -/- . (shrink)

Die Transzendentalpragmatik beansprucht, jeden beliebigen Opponenten, der bestimmte nichtverwerfbare Präsuppositionen des Argumentierens bestreitet, eines performativen Selbstwiderspruchs überführen zu können. Die Diagnose performativer Widersprüche ist indes theoretisch voraussetzungsreich, denn sie findet in einem begrifflichen Rahmen statt, der sich aus nichttrivialen sprechakt-, rationalitäts-, bedeutungs- und argumentationstheoretischen Annahmen zusammensetzt. Das Argument einer anderen möglichen Vernunft ist gegen den Letztbegründungsanspruch der Transzendentalpragmatik gerichtet: Was heute als ein performativer Widerspruch zählt, mag aus der Perspektive einer anderen möglichen Vernunft keiner mehr sein. Im Beitrag wird die (...) Relevanz des Einwands einer anderen möglichen Vernunft bestritten. Der Nachweis der aktuellen Nichtverwerfbarkeit einer Präsupposition des Argumentierens braucht die Revidierbarkeit des begrifflichen und rationalitätstheoretischen Rahmens nicht auszuschließen. Mithilfe einer messtheoretischen Analogie wird gezeigt, dass die Revision eines Rahmens im alten Rahmen formulierte Aussagen ebensowenig falsch macht wie die Veränderung eines Maßstabs frühere Messungen. -/- . (shrink)

I consider cases of multifetal pregnancy in which one fetus with a fatal birth defect poses a risk to the survival of another healthy fetus to show that the substance view anti-abortion position leads to a contradiction. In cases of complicated multifetal pregnancy, if intervention by selective abortion to terminate the defective fetus is not performed, both fetuses will die due to the conditions created by the defective fetus’s fatal birth defect. Because abortion is wrong on the anti-abortion position, (...) and a moderate anti-abortion position cannot make an exception for selective abortion in cases of complicated multifetal pregnancy if it operates on the substance view, choosing selective abortion must be wrong, so one must let both fetuses die. However, the substance view anti-abortion position must take letting both fetuses die to be wrong, otherwise it will undermine itself as an anti-abortion position. Further, the substance view provides grounds for why letting fetuses die would be wrong anyway. Thus, the substance view anti-abortion position must take both having an abortion and not having an abortion to be wrong, which is a contradiction. Therefore, cases of complicated multifetal pregnancy show that the substance view anti-abortion position is false. (shrink)

This paper traces two contradicting beliefs about death and immortality in the writings of Rabbi Hayyim Hirschensohn, and examines these opposing beliefs in his Halakhic ruling, in the case of Autopsies. The paper opens by conceptualizing two possible attitudes regarding the relation between this-world and the ʽother-world’, and by analyzing two main beliefs regarding death and immortality in their relation to the body-spirit distinction (the naturalistic and the spiritualistic approach). It demonstrates how Hirschensohn was holding these two different views. The (...) paper then moves to examine whether his halakhic ruling may help us in understanding which approach was Hirschensohn’s favorable belief, by investigating his halakhic ruling regarding autopsies. Hirschensohn permits to perform such surgeries, however subject to some halakhic limitations. The paper concludes that the naturalistic belief regarding death appears to be the more dominant one in his thought. Finally, I point out a few consequences of this paper, for addressing some contemporary ethical dilemmas regarding human corpses. (shrink)

Can deconstruction be accomplished not through the close reading of just one discourse, but through its combination with another? This paper aims at exploring this second way of performing deconstruction through a particular case study: Marxism and psychoanalysis. In the body of the essay, the history of Freudo-Marxism is divided into two parts, depending on which psychoanalyst stands as point of reference: Freud or Lacan. We proceed by studying the four main strategies by virtue of which a genuine combination between (...) Marxism and psychoanalysis has been historically attempted: separation (Reich), domination (Marcuse), contradiction (Althusser) and, finally, deconstruction (Laclau). (shrink)

There is a tension between Dispositionalism––the view that all metaphysical modality is grounded in actual irreducible dispositional properties––and the possibility of time travel. This is due to the fact that Dispositionalism makes it much harder to solve a potentiality-based version of the grandfather paradox. We first present a potentiality-based version of the grandfather paradox, stating that the following theses are inconsistent: 1) time travel is possible, 2) powers fully ground modality, 3) self-defeating actions are impossible, 4) time-travellers retain their intrinsic (...) powers upon time-travelling, and 5) time-travellers are ordinary agents with basic intrinsic potentialities. We then consider a number of potential solutions, and find them wanting. We argue that the metaphysical impossibility of performing a self-defeating action acts as a necessary perfect mask––while time-travel lets us “slip” the potentiality under the mask, thus generating the contradiction. We conclude considering what are the options for the dispositionalist. (shrink)

In view of scholarly work that has explored the socio-psycho significance of national performativity, the body and the “other,” this article critically analyses newspaper representations of the Canadian-born British tennis player Greg Rusedski. Drawing on Lacanian interpretations of the body, it illustrates how Rusedski’s media framing centered on a particular feature of his body—his “smile.” In doing so, we detail how Rusedski’s “post-imperial” Otherness—conceived as a form of “extimacy” (extimité)—complicated any clear delineation between “us” and “them,” positing instead a dialectical (...) understanding of the splits, voids and contradictions that underscore the national “us.”. (shrink)

Creativity pervades human life. It is the mark of individuality, the vehicle of self-expression, and the engine of progress in every human endeavor. It also raises a wealth of neglected and yet evocative philosophical questions: What is the role of consciousness in the creative process? How does the audience for a work for art influence its creation? How can creativity emerge through childhood pretending? Do great works of literature give us insight into human nature? Can a computer program really be (...) creative? How do we define creativity in the first place? Is it a virtue? What is the difference between creativity in science and art? Can creativity be taught? The new essays that comprise The Philosophy of Creativity take up these and other key questions and, in doing so, illustrate the value of interdisciplinary exchange. Written by leading philosophers and psychologists involved in studying creativity, the essays integrate philosophical insights with empirical research. CONTENTS I. Introduction Introducing The Philosophy of Creativity Elliot Samuel Paul and Scott Barry Kaufman II. The Concept of Creativity 1. An Experiential Account of Creativity Bence Nanay III. Aesthetics & Philosophy of Art 2. Creativity and Insight Gregory Currie 3. The Creative Audience: Some Ways in which Readers, Viewers and/or Listeners Use their Imaginations to Engage Fictional Artworks Noël Carroll 4. The Products of Musical Creativity Christopher Peacocke IV. Ethics & Value Theory 5. Performing Oneself Owen Flanagan 6. Creativity as a Virtue of Character Matthew Kieran V. Philosophy of Mind & Cognitive Science 7. Creativity and Not So Dumb Luck Simon Blackburn 8. The Role of Imagination in Creativity Dustin Stokes 9. Creativity, Consciousness, and Free Will: Evidence from Psychology Experiments Roy F. Baumeister, Brandon J. Schmeichel, and C. Nathan DeWall 10. The Origins of Creativity Elizabeth Picciuto and Peter Carruthers 11. Creativity and Artificial Intelligence: a Contradiction in Terms? Margaret Boden VI. Philosophy of Science 12. Hierarchies of Creative Domains: Disciplinary Constraints on Blind-Variation and Selective-Retention Dean Keith Simonton VII. Philosophy of Education (& Education of Philosophy) 13. Educating for Creativity Berys Gaut 14. Philosophical Heuristics Alan Hájek. (shrink)

In the year 1900, the German philosopher Carl Stumpf made one of the earliest phonograph recordings to document an example of traditional music. The ensemble he recorded was the Siamese Court Orchestra which was performing in Germany at that time. This led to the establishment of the Berlin Phonogramm-Archiv and the beginning of the extensive recording of world traditional music. While written scores have begun to break traditional music away from its dependence on initiation and apprenticeship, the recording of music (...) has had an even more powerful impact on the role of memory in traditional music. No longer is one required to attend a performance, one can simply listen to a recording. Likewise, one can use recordings and videos to learn a piece without the presence of a teacher and can learn the music of another tradition. To consider the future of traditional music, the transformations created by the externalization of memory needs to be examined. This paper hopes to take a step in this direction. It will first consider the psychology of music developed by Stumpf himself. Especially the opposition between the phenomenological reception of music and it’s tempering by the consciousness which allows for aesthetic experience. It will extend this by considering Alain Daniélou’s reflections on the impact of writing and recording on musical creativity. The externalization of memory and the recording of traditional music, leads to may benefits - we have historical records of beautiful musical performances and traditions, many of which have already been lost - but simultaneously this externalization of memory threatens the very essence of traditional and religious music. Finally, the paper will address these paradoxes by applying Jacques Derrida and Bernard Stiegler’s idea of the ‘pharmacon’, and ‘positive pharmacology’ to understand how to navigate these contradictions which face this externalization of musical memory. (shrink)

The article discusses the main trends in the development of artificial intelligence systems and robotics (AI&R). The main question that is considered in this context is whether artificial systems are going to become more and more anthropomorphic, both intellectually and physically. In the current article, the author analyzes the current state and prospects of technological development of artificial intelligence and robotics, and also determines the main aspects of the impact of these technologies on society and economy, indicating the geopolitical strategic (...) nature of this influence. The author considers various approaches to the definition of artificial intelligence and robotics, focusing on the subject-oriented and functional ones. It also compares AI&R abilities and human abilities in areas such as categorization, pattern recognition, planning and decision making, etc. Based on this comparison, we investigate in which areas AI&R’s performance is inferior to a human, and in which cases it is superior to one. The modern achievements in the field of robotics and artificial intelligence create the necessary basis for further discussion of the applicability of goal setting in engineering, in the form of a Turing test. It is shown that development of AI&R is associated with certain contradictions that impede the application of Turing’s methodology in its usual format. The basic contradictions in the development of AI&R technologies imply that there is to be a transition to a post-Turing methodology for assessing engineering implementations of artificial intelligence and robotics. In such implementations, on the one hand, the ‘Turing wall’ is removed, and on the other hand, artificial intelligence gets its physical implementation. (shrink)

The natural evolution of consciousness in different animal species mandates that conscious experiences are causally potent in order to confer any advantage in the struggle for survival. Any endeavor to construct a physical theory of consciousness based on emergence within the framework of classical physics, however, leads to causally impotent conscious experiences in direct contradiction to evolutionary theory since epiphenomenal consciousness cannot evolve through natural selection. Here, we review recent theoretical advances in describing sentience and free will as fundamental (...) aspects of reality granted by quantum physical laws. Modern quantum information theory considers quantum states as a physical resource that endows quantum systems with the capacity to perform physical tasks that are classically impossible. Reductive identification of conscious experiences with the quantum information comprised in quantum brain states allows for causally potent consciousness that is capable of performing genuine choices for future courses of physical action. The consequent evolution of brain cortical networks contributes to increased computational power, memory capacity, and cognitive intelligence of the living organisms. (shrink)

This paper investigates the view that digital hypercomputing is a good reason for rejection or re-interpretation of the Church-Turing thesis. After suggestion that such re-interpretation is historically problematic and often involves attack on a straw man (the ‘maximality thesis’), it discusses proposals for digital hypercomputing with Zeno-machines , i.e. computing machines that compute an infinite number of computing steps in finite time, thus performing supertasks. It argues that effective computing with Zeno-machines falls into a dilemma: either they are specified such (...) that they do not have output states, or they are specified such that they do have output states, but involve contradiction. Repairs though non-effective methods or special rules for semi-decidable problems are sought, but not found. The paper concludes that hypercomputing supertasks are impossible in the actual world and thus no reason for rejection of the Church-Turing thesis in its traditional interpretation. (shrink)

Girolamo Saccheri (1667--1733) was an Italian Jesuit priest, scholastic philosopher, and mathematician. He earned a permanent place in the history of mathematics by discovering and rigorously deducing an elaborate chain of consequences of an axiom-set for what is now known as hyperbolic (or Lobachevskian) plane geometry. Reviewer's remarks: (1) On two pages of this book Saccheri refers to his previous and equally original book Logica demonstrativa (Turin, 1697) to which 14 of the 16 pages of the editor's "Introduction" are devoted. (...) At the time of the first edition, 1920, the editor was apparently not acquainted with the secondary literature on Logica demonstrativa which continued to grow in the period preceding the second edition \ref[see D. J. Struik, in Dictionary of scientific biography, Vol. 12, 55--57, Scribner's, New York, 1975]. Of special interest in this connection is a series of three articles by A. F. Emch [Scripta Math. 3 (1935), 51--60; Zbl 10, 386; ibid. 3 (1935), 143--152; Zbl 11, 193; ibid. 3 (1935), 221--333; Zbl 12, 98]. (2) It seems curious that modern writers believe that demonstration of the "nondeducibility" of the parallel postulate vindicates Euclid whereas at first Saccheri seems to have thought that demonstration of its "deducibility" is what would vindicate Euclid. Saccheri is perfectly clear in his commitment to the ancient (and now discredited) view that it is wrong to take as an "axiom" a proposition which is not a "primal verity", which is not "known through itself". So it would seem that Saccheri should think that he was convicting Euclid of error by deducing the parallel postulate. The resolution of this confusion is that Saccheri thought that he had proved, not merely that the parallel postulate was true, but that it was a "primal verity" and, thus, that Euclid was correct in taking it as an "axiom". As implausible as this claim about Saccheri may seem, the passage on p. 237, lines 3--15, seems to admit of no other interpretation. Indeed, Emch takes it this way. (3) As has been noted by many others, Saccheri was fascinated, if not obsessed, by what may be called "reflexive indirect deductions", indirect deductions which show that a conclusion follows from given premises by a chain of reasoning beginning with the given premises augmented by the denial of the desired conclusion and ending with the conclusion itself. It is obvious, of course, that this is simply a species of ordinary indirect deduction; a conclusion follows from given premises if a contradiction is deducible from those given premises augmented by the denial of the conclusion---and it is immaterial whether the contradiction involves one of the premises, the denial of the conclusion, or even, as often happens, intermediate propositions distinct from the given premises and the denial of the conclusion. Saccheri seemed to think that a proposition proved in this way was deduced from its own denial and, thus, that its denial was self-contradictory (p. 207). Inference from this mistake to the idea that propositions proved in this way are "primal verities" would involve yet another confusion. The reviewer gratefully acknowledges extensive communication with his former doctoral students J. Gasser and M. Scanlan. ADDED 14 March 14, 2015: (1) Wikipedia reports that many of Saccheri's ideas have a precedent in the 11th Century Persian polymath Omar Khayyám's Discussion of Difficulties in Euclid, a fact ignored in most Western sources until recently. It is unclear whether Saccheri had access to this work in translation, or developed his ideas independently. (2) This book is another exemplification of the huge difference between indirect deduction and indirect reduction. Indirect deduction requires making an assumption that is inconsistent with the premises previously adopted. This means that the reasoner must perform a certain mental act of assuming a certain proposition. It case the premises are all known truths, indirect deduction—which would then be indirect proof—requires the reasoner to assume a falsehood. This fact has been noted by several prominent mathematicians including Hardy, Hilbert, and Tarski. Indirect reduction requires no new assumption. Indirect reduction is simply a transformation of an argument in one form into another argument in a different form. In an indirect reduction one proposition in the old premise set is replaced by the contradictory opposite of the old conclusion and the new conclusion becomes the contradictory opposite of the replaced premise. Roughly and schematically, P,Q/R becomes P,~R/~Q or ~R, Q/~P. Saccheri’s work involved indirect deduction not indirect reduction. (3) The distinction between indirect deduction and indirect reduction has largely slipped through the cracks, the cracks between medieval-oriented logic and modern-oriented logic. The medievalists have a heavy investment in reduction and, though they have heard of deduction, they think that deduction is a form of reduction, or vice versa, or in some cases they think that the word ‘deduction’ is the modern way of referring to reduction. The modernists have no interest in reduction, i.e. in the process of transforming one argument into another having exactly the same number of premises. Modern logicians, like Aristotle, are concerned with deducing a single proposition from a set of propositions. Some focus on deducing a single proposition from the null set—something difficult to relate to reduction. (shrink)

It is well known that in quantum mechanics we cannot always define consistently properties that are context independent. Many approaches exist to describe contextual properties, such as Contextuality by Default, sheaf theory, topos theory, and non-standard or signed probabilities. In this paper we propose a treatment of contextual properties that is specific to quantum mechanics, as it relies on the relationship between contextuality and indistinguishability. In particular, we propose that if we assume the ontological thesis that quantum particles or properties (...) can be indistinguishable yet different, no contradiction arising from a Kochen-Specker-type argument appears: when we repeat an experiment, we are in reality performing an experiment measuring a property that is indistinguishable from the first, but not the same. We will discuss how the consequences of this move may help us understand quantum contextuality. (shrink)

"A Special Case of Logical Contradiction – Content Implication Approach" The difference between so-called performative/pragmatic and logical contradiction seems to be one of the most firmly established philosophical distinctions. There are, however, some utterances, which fall outside this classification in its current form. Moreover, they reveal that the expressive power of the language of classical logic is too weak to express some form of the logical contradiction. The main aim of this paper is to characterize this (...) special case of the contradiction. By extending classical logic with a new connective, i.e. content implication, it also provides tools needed for adequate formal representation of this phenomenon. (shrink)

There is currently no generally agreed-upon definition of the mechanism of action of psychedelic therapy. Existing proposals have approached the issue from various perspectives, utilizing concepts on many layers of abstraction. Most commonly, mechanisms based on neurotransmitters have been proposed. From a clinical perspective, explanations on the psychological level would be more useful. This study provides one such explanation, focusing on the destabilization of trauma-related memories and their replacement with memories that allow for more adaptive behaviors. This mechanism is not (...) specific to psychedelics, and the study therefore illustrates a non-pharmacological process involving it. -/- The study features a male entrepreneur in his early fifties who suffered from chronic but non-debilitating anxiety and depression since his teenage years. In his mid-30s, he suffered from severe burnout but partially recovered. The amount of alcohol consumed was constantly relatively high. More recently, due to simultaneous relationship and workplace stress, he experienced a more severe episode of burnout, depression, anxiety, and insomnia. He felt completely exhausted when trying to get something done and became fearful of the workplace. Psychotherapy and various pharmaceutical medications provided little benefit. -/- After three months on sick leave, a trip to the mountains triggered severe insomnia. Sleep deprivation likely contributed to a spontaneous experience of altered states of mind, including a two-day period of hallucinatory visions. There was the feeling of being a complete failure, but through a new relationship initiated just before the trip, he received love and validation from his new partner, which contradicted the feeling of worthlessness. The combination of an altered state of mind and love induced an alteration of identity that resolved his depression, burnout, and sleep disorders. After three more months of self-organized rehabilitation, he successfully returned to work. -/- Six months after the trip, financial decline caused by his absence and unchanged stressful conditions at the workplace led to disappointment, motivational issues, and stress, but his work performance remained good regardless. One year after the trip, although his work-related stress had increased rather than decreased due to the financial situation of his company being more demanding than before his burnout, the positive outcome prevailed, proving its long-term stability. (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)

This paper deals with the question whether some morally normative content is grounded in the dialogical practice that both Apel and Habermas call argumentative discourse, and if so how to demonstrate that it is so grounded. Apel (unlike Habermas) claims that discourse has rationally necessary conceptual presuppositions; that morally normative content is part of such presuppositions; and that this can be ascertained in transcendendal reflection, i.e. by a kind of transcendental argument. I argue that these claims can be charitably interpreted (...) but require clarifications of their key concepts, i.e. “discourse”, “validity claims”, “performative self-contradiction”, and “community of communication”. I argue that discourse as a practice of reason-sensitive agents who are communicatively connected via argumentation can be explained by its normatively constitutive aim, namely fixing the true values of our reasons; that the primary level of validity claims are claims concerning good reasons; that performative self-contradictions are pragmatic-cum-logical inconsistencies that we can know apriori to be incompatible with discourse’s constitutive aim; and finally, that competent discourse participants can know apriori that they would be performatively inconsistent if they flouted a moral kernel that is intrinsic in discourse. (shrink)

The essay examines the ancient Greek origin of philosophy relative to the concept of wisdom. The nature of the sage is first considered. The sage is one who is deemed wise in his or her performances. But what is ‘wise’ about such performances? The Socratic denial of sage status is considered in reference to this. Socrates concludes that he is not wise as the gods are wise, but that he is wise insofar as he knows that he is not wise. (...) The apparent contradiction is resolved through the distinction between human (finite) and divine (infinite) wisdom. The latter notion is further examined in the works of Aristotle who articulates the “classical paradigm” of philosophy in pursuit of infinite wisdom. The attributes of infinite wisdom are identified, and the essay concludes with a discussion of the sagely performance of infinite wisdom, Aristotle himself serving as the representative example. (shrink)

This dissertation aims to examine whether John Searle’s biological naturalism is a more viable alternative to current physicalist and functionalist positions in dealing with the issue of free will. Thus, my strategy is to identify the assumptions of these lines of thought and their philosophical consequences. In order to accomplish this goal the concept of intrinsic intentionality is taken as a guide. I begin by defining what is meant by free will and go on to broadly characterize physicalist and functionalist (...) positions in philosophy of mind. Then, I go on to show how the question of free will arises and can be crucial to such currents of thought. Subsequently, I summarize the biological naturalist position (especially regarding the ontology of consciousness and the question of intentionality) and oppose it to physicalism and functionalism in order to examine the possibility of free will. In this opposition, each theory is decomposed into its main tenets so that they can be critically analyzed. In this analysis, it appears that free will does not seem to find any room in the scenario presented by physicalism and functionalism. It is argued that Searlean biological naturalism is able to explain – better than the other two positions – how free action can be motivated by something that is external to the mental state which is itself performing the action. I then evaluate the ethical implications of these findings, articulating the issues of intrinsic intentionality, free will, strong artificial intelligence in order to conclude that current machines cannot be assigned moral responsibility, since they are not capable of intrinsic intentionality. Then, I argue for the evolutionary origin of intentionality and therefore morality. Finally, I argue that neuroscience does not eliminate moral responsibility since it does not prove that free will is an illusion, i.e., that this branch of science does not contradict John Searle’s biological naturalism. (shrink)

Thomas Elsaesser’s recent scholarship has examined the “mind-game film”, a phenomenon in Hollywood that is broadly characterised by multi-platform storytelling, paratextual narrative feedback loops, nonlinear storytelling, and unreliable character perspectives. While “mind-game” or “puzzle” films have become a contentious subject amongst post-cinema scholars concerned with Hollywood storytelling, what is to be said of contemporary European independent cinema? Elsaesser’s timely publication, European Cinema and Continental Philosophy, examines an amalgam of politically inclined European auteurs to resolve this query. Elsaesser concedes that there (...) exists a phenomenological confluence between the mind-game film and contemporary European cinema. For instance, both produce characters afflicted by productive pathologies, designating new socially useful forms of agency and identity. One only needs to consult the amnesiac protagonist M (Markku Peltola) in Aki Kaurismäki’s The Man Without a Past (Mies vailla menneisyyttä, 2002) or, as regards Lars von Trier’s cinema, Beth (Emily Watson) in Breaking the Waves (1996), Selma (Björk) in Dancer in the Dark (2000), “She” (Charlotte Gainsbourg) in Antichrist (2009) or Joe (Charlotte Gainsbourg) in Nymphomaniac (2013) to evince this overlap. However, this book is more concerned with performative self-contradictions, whereby cinema-as-enunciator is put under erasure, thus aggravating the inherent discrepancies troubling Europe today. Elsaesser, indeed, evaluates a growing general disaffection with politics, the rise of populist nationalism and far-right fringe parties, as well as an increasing population of economic migrants, refugees, and asylum seekers. (shrink)

John Herbinius (1633–1679) was a well-known Lutheran theologian and writer. Living for a long time on the territory of the Polish-Lithuanian Commonwealth, he wrote a description of the religious caves of Kyiv, which was published in 1675 in Jena. Plenty of popular cults of Ruthenian spiritual life of the first half of the seventeenth century are reflected in the book. It is important to underline that Herbinius did not criticize the glorification and imitation of saints. He briefly mentioned their post-mortem (...) waiting role in the place of salvation and omitted the Orthodox prayers to them. The great Orthodox mistake for Herbinius was glorifying human and not Christ’s merits as a cause of sanctity and miracle. This very important theological difference was, however, the only one distinction that Herbinius saw between the Orthodox and Protestant traditions of the veneration of saints. The veneration of relics was not criticized by John Herbinius either. On the contrary, relics of Christ’s followers can and must be worshiped, through them God performs miracles, the Protestant author believed. However, Herbinius did not share the Orthodox idea of miraculous unperishability of the saints’ remains in the Cave Monastery. Those remains, as he wrote, are particularly damaged and particularly preserved because of the existing ventilation system in the caves; the saints’ heads are oozing the oil as a result of absorbing of the special air as well. Trying to provide these arguments, Herbinius aimed to deny the core of the Orthodox belief that Kyiv relics preserved undamageed because of great merits and dignities possessed by the Cave fathers in the eyes of God. Obviously, the very idea of merits, earned by the monks due to their ascetic efforts, could have not been accepted by the Protestant author. It strongly contradicted with his confessional views and was unambiguously treated by him as idolatry. (shrink)

The question of what “is” someone who is queer in a metaphysical standpoint have been hotly debated in contemporary metaphysics of gender. In my paper I will explore the view of a Phenomenological source and understanding of queerness within the umbrella of gender. Within the realm of gender we can see how queerness is a blob to which gender is both part of and a stand in for the person gender. Using Phenomenological methods based on Husserl’s foundation I can establishes (...) a base for which queerness can be clearly seen. In my paper I will address not only the difference of cis heteronormative phenomenology and the reality that queer people live. This causes a negation in a metaphysical way. The object in which the queer person lives becomes In a way how Hegel understood that if we see a gendered person in the cis reality we can say “this is a man or women” due to the way we correspond cis normative gender. This is where I will try to use Husserl’s “principle of contradiction” and Hegel’s idea of “negation” to show the fluidity of gender in which queerness encompasses. I can clearly demonstrate the “Horizon” in which the limits of cis hetero perspective of understanding of gender and queerness. But in the same thought I will further drive this idea that in a sense the split with in an ontological reality between the lives of cis hetero people and queer people. By giving definitions of what if different such a orientation and performance with the reality that queer people live with such a gender binary ontology. I will then derive some meta-language and construct a realty how communities build themselves from a mutual understanding of this queer ontology. Also real world examples of how the logic of gender effects the way that queer people operate. The counter argument I would argue against a gender nihilism that would try to attack the question that I raise that queerness is a separate state within consciousness. To which I would defended against an individual level of gender identity and understanding. To treat gender in an alienated value. But by using a strong phenomenological structure I would be able to defended by idea that queerness with in gender is a whole different ontological reality that the cis hetero reality. I will then derive some meta-language and construct a realty how communities build themselves from a mutual understanding of this queer ontology. . (shrink)

This paper reveals errors within Norwich et al.’s Entropy Theory of Perception, errors that have broad implications for our understanding of perception. What Norwich and coauthors dubbed their “informational theory of neural coding” is based on cybernetics, that is, control and communication in man and machine. The Entropy Theory uses information theory to interpret human performance in absolute judgments. There, the continuum of the intensity of a sensory stimulus is cut into categories and the subject is shown exemplar stimuli of (...) each category. The subject must then identify individual exemplars by category. The identifications are recorded in the Garner-Hake version of the Shannon “confusion matrix”. The matrix yields “H”, the entropy (degree of uncertainty) about what stimulus was presented. Hypothetically, uncertainty drops as a stimulus lengthens, i.e. a plot of H vs. stimulus duration should fall monotonically. Such “adaptation” is known for both sensation and firing rate. Hence, because “the physiological adaptation curve has the same general shape as the psychophysical adaptation curve”, Norwich et al. assumed that both have the same time course; sensation and firing rate were thus both declared proportional to H. However, a closer look reveals insurmountable contradictions. First, the peripheral neuron hypothetically cannot fire in response to a stimulus of a given intensity until after somehow computing H from its responses to stimuli of various intensities. Thus no sensation occurs until firing rate adapts, i.e. attains its spontaneous rate. But hypothetically, once adaptation is complete, certainty is reached and perception ends. Altogether, then, perception cannot occur until perception is over. Secondly, sensations, firing rates, and H’s are empirically not synchronous, contrary to assumption. In sum, the core concept of the cybernetics-based Entropy Theory of Perception, that is, that uncertainty reduction is the basis for perception, is irrational. (shrink)

Concebir los derechos como una protección no-paternalista de los intereses de sus titulares supone aceptar que su aspecto más relevante consiste en la provisión de una competencia para renunciar o consentir su inobservancia por terceros, lo cual no tiene por qué coincidir con la mejor estimación de sus intereses, aun cuando estos últimos juegan un papel importante en la justificación de las posiciones jurídicas implicadas. A partir de la tesis de la correlatividad, los conceptos jurídicos fundamentales de W.N. Hohfeld y (...) una tesis de la combinación que armoniza los elementos de la voluntad e interés en la explicación de los derechos, en el presente artículo se tratará de mostrar por qué afirmar el carácter inalienable de los derechos contradice la función que estos desempeñan en los ordenamientos jurídicos modernos. // The understanding of rights as non-paternalistic protections of its holder’s concerns entails that the most important aspect of them is the provision of a power either to waive or to consent their encroachment by others, which does not necessarily coincide with the best appraisal of his/her interests, even when they play an important role in the justification of the subjective legal positions. From the correlativity thesis, the fundamental legal conceptions devised by W.N. Hohfeld and a combination thesis that merges the elements of will and interest in the explanation of rights, I will try to show why to stand up for the inalienable character of rights contradicts the function they perform in modern legal systems. (shrink)

Kant’s most prominent formulation of the Categorical Imperative, known as the Formula of Universal Law (FUL), is generally thought to demand that one act only on maxims that one can will as universal laws without this generating a contradiction. Kant's view is standardly summarized as requiring the 'universalizability' of one's maxims and described in terms of the distinction between 'contradictions in conception' and 'contradictions in the will'. Focusing on the underappreciated significance of the simultaneity condition included in the FUL, (...) I argue, by contrast, that the principle is better read as requiring that one be able to will two things simultaneously without self-contradiction, namely, that a maxim be one's own and that it be a universal law. This amounts to a new interpretation of the FUL with significant interpretive and philosophical advantages. (shrink)

In this analysis of one of the most difficult and neglected topics in Hegelian studies, Songsuk Susan Hahn tackles the status of contradiction in Hegel's ...

One of the most important difficulties facing Kant’s Formula of Universal Law (FUL) is its apparent inability to show that it is always impermissible to kill others for the sake of convenience. This difficulty has led current Kantian ethicists to de-emphasize the FUL or at least complement it with other Kantian principles when dealing with murder. The difficulty stems from the fact that the maxim of convenience killing fails to generate a ‘contradiction in conception’, producing only a ‘contradiction (...) in the will’ when subjected to the two-fold test associated with the FUL. This result is thought to imply that the FUL allows us sometimes to kill for the sake of convenience. In this essay, I argue that the very diagnosis of the problem rests on a mistake, and that if the maxim of convenience killing generates a contradiction in the will, then acting on it is never permissible. (shrink)

In this paper, I offer a close reading of Wittgenstein's remarks on inconsistency, mostly as they appear in the Lectures on the Foundations of Mathematics. I focus especially on an objection to Wittgenstein's view given by Alan Turing, who attended the lectures, the so-called ‘falling bridges’-objection. Wittgenstein's position is that if contradictions arise in some practice of language, they are not necessarily fatal to that practice nor necessitate a revision of that practice. If we then assume that we have adopted (...) a paraconsistent logic, Wittgenstein's answer to Turing is that if we run into trouble building our bridge, it is either because we have made a calculation mistake or our calculus does not actually describe the phenomenon it is intended to model. The possibility of either kind of error is not particular to contradictions nor inconsistency, and thus contradictions do not have any special status as a thing to be avoided. (shrink)

A dialectical contradiction can be appropriately described within the framework of classical formal logic. It is in harmony with the law of noncontradiction. According to our definition, two theories make up a dialectical contradiction if each of them is consistent and their union is inconsistent. It can happen that each of these two theories has an intended model. Plenty of examples are to be found in the history of science.

In this article, I reply to Jens Timmermann’s critical discussion of my essay “Contradiction and Kant’s Formula of Universal Law”. I first consider Timmermann’s reasons for rejecting my interpretation of the Formula of Universal Law. I argue that the self-contradiction relevant to determining a maxim’s moral status should not be sought in the imagined world in which the maxim is a universal law. I then discuss Timmermann’s suggestion that something like a volitional self-contradiction is found within the (...) will of the immoral agent. I deny this and clarify that the relevant contradiction is diagnosed counterfactually in moral reflection. Finally, I explain the differences between Timmermann’s account, Korsgaard’s Practical Contradiction interpretation, and my own Volitional Self-Contradiction interpretation. (shrink)

The Law of Non-Contradiction holds that both sides of a contradiction cannot be true. Dialetheism is the view that there are contradictions both sides of which are true. Crucial to the dispute, then, is the central notion of contradiction. My first step here is to work toward clarification of that simple and central notion: Just what is a contradiction?

The study aims to identify the efficiency of the university education performance from the perspective of postgraduate and undergraduate students in international and Palestinian universities. The analytical descriptive approach was used for this purpose and the questionnaire was used as a main tool for data collection. The study community consists of: post graduate students, (23850) graduate students and (146355) undergraduate students. The sample of the study was 378 graduate students and 383 undergraduate students. The random stratified sample was used. The (...) Statistical Package of Social Sciences (SPSS) was also used for data analysis. The study reached a number of results, the most important of which are: The level of efficiency of educational performance in Palestinian and international universities from the point of view of postgraduate and undergraduate students was high. And that there are significant differences between the average views of the sample of the study on the efficiency of educational performance in Palestinian and international universities attributed to the University and to the benefit of international universities. The study concluded many recommendations, the most important of which is the necessity of continuing to develop e-learning strategies that affect the efficiency of educational performance and research commensurate with the university's position in the local and international community, which puts it on the best classification between local and international universities through e-learning. (shrink)

Despite its prevalence today, the practice of purely performative resuscitation (PPR)—paradigmatically, the ‘slow code’—has attracted more critics in bioethics than defenders. The most common criticism of the slow code is that it’s fundamentally deceptive or harmful, while the most common justification offered is that it may benefit the patient’s loved ones, by symbolically honoring the patient or the care team’s relationship with the family. I argue that critics and defenders of the slow code each have a point. Advocates of (...) the slow code are right that not all PPR is wrongly deceptive or harmful to the patient or his family, and that the symbolic aspect of medicine is itself morally significant. But the critics are also correct: slow codes are prima facie wrong. I argue that pursuing a slow code amounts to treating the patient as a tool for others’ benefit—hence, treating him as an object—and that this instrumentalizing quality constitutes one core prima facie wrong of the practice. I also build a case for the idea that the slow code may not always be all-things-considered wrong, specifying certain limited conditions under which acts of PPR might ultimately be permissible. Thus, the symbolic dimension of medical treatment is indeed morally important, both in morally favorable and in morally problematic respects—namely, in its symbolic denial of the patient’s humanity. (shrink)

Is there a notion of contradiction—let us call it, for dramatic effect, “absolute”—making all contradictions, so understood, unacceptable also for dialetheists? It is argued in this paper that there is, and that spelling it out brings some theoretical benefits. First it gives us a foothold on undisputed ground in the methodologically difficult debate on dialetheism. Second, we can use it to express, without begging questions, the disagreement between dialetheists and their rivals on the nature of truth. Third, dialetheism has (...) an operator allowing it, against the opinion of many critics, to rule things out and manifest disagreement: for unlike other proposed exclusion-expressing-devices (for instance, the entailment of triviality), the operator used to formulate the notion of absolute contradiction appears to be immune both from crippling expressive limitations and from revenge paradoxes—pending a rigorous nontriviality proof for a formal dialetheic theory including it. (shrink)