Alongwith the major organ of the doctrinal operations, the Permanent Resolution Act, this research presented a situation review article on the Doctrine of the Chittagong Peace Process in Bangladesh with few global strikeable issues. Unarmed surviving Parbatya Chittagong nation of Buddhists population in Bangladesh has not yet been able to form their government since 1997 to 2023, so it has been assumed that Prime Minister Sheikh Hasina & Awami League Government of Bangladesh (ALGOB) cheated to weaponless freedom fighters (...) Buddhists people by taking their weapons through the Chittagong Hill Tracts Peace Accord 1997 that was signed between Bangladesh and Chittagong HillTracts in order to a Commonwealth of Independence of Autonomy Government, Formation of Legislative Assembly House and Parliament Building Construction, which is also the last official initiative of the Parbatya Peace Process in the Chinese Belt and Road. Following the theater of war between the US-led NATO—Ukraine alliance and the Russian Federation, the 3rd World War situations intended to expand between Bangladesh and Myanmar. This doctrinal paper has been presented through codification of situations of the post-seizure war-fighting battles surviving cold and silent conflicts in Parbatya, Chittagong Hill Tracts, in order to deliver the seized nation onto a free pathway. (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)

This article argues that resolutions are reason-giving: when an agent resolves to φ, she incurs an additional normative reason to φ. Resolution-making is therefore a normative power: an ability we have to alter our normative circumstances through sheer acts of will. I argue that the reasons we incur from forming resolutions are importantly similar to the reasons we incur from making promises. My account explains why it can be rational for an agent to act on a past resolution (...) even if temptation causes a shift in her preferences and even her judgment about what to do, and offers a response to a common objection to the normativity of resolutions known as the bootstrapping problem, on which if resolutions were reason-giving, they would problematically allow us to bootstrap any action into rationality simply by resolving to perform it. (shrink)

What is a speech act, and what makes it count as one kind of speech act rather than another? In the target article, Geurts considers two ways of answering these questions. His opponent is intentionalism—the view that performing a speech act is a matter of acting with a communicative intention, and that speech acts of different kinds involve intentions to affect hearers in different ways. Geurts offers several objections to intentionalism. Instead, he articulates and defends an admirably clear and resolute (...) version of the view that performing a speech act is a matter of undertaking a social commitment. Different kinds of speech acts, on his view, involve social commitments of different kinds. My aim is to respond to Geurts on behalf of intentionalism. I’ll argue that his objections aren’t all that worrying (Section 3), that Geurts’ view suffers from some quite serious problems that intentionalists don’t face (Section 4), and that intentionalists can give a principled account of the ways that speech acts give rise to commitments (Section 5). First I will spell out the two opposing views (Sections 1–2). (shrink)

The aim of this paper is to present and analyse legal acts cited in the European Parliament resolution of 20 January 2011 on the situation of Christians in the context of freedom of religion. The author presents the substance of the right to religious freedom and the position of religious freedom among other human rights. The paper also shows the formation of European law on religious freedom and grasps the development trends in this area. Because of the discrepancies that (...) arise when translating the same foreign terms into the Polish language, in order to better explain the content of the cited documents, the texts are also given in English language. The article is the summary of basic legal regulations relevant to reflect on religious freedom at EU level. Compiled materials may be useful to continue the reflection on religious freedom. (shrink)

Employing Speech Act Theory, this paper traces the ethical contour of gratitude among Bikolanos as conveyed in the utterance of “Dyos Mabalos.” Utang na buot, the Bikolano counterpart of utang na loob is explained with its complementary concept of atang kan buot (gift of the self) as the two main conceptual conditions for the formation of the type of gratitude contained in the utterance of “Dyos Mabalos.” These normative conditions can also be culled from a number of contemporary Philippine studies (...) which have already established the conceptual underpinnings of gratitude as a value. It will be shown further that “Dyos Mabalos” elevates gratitude from an ethical to a transcendental plane which becomes an emancipative mechanism for its conveyor in the situation where he assumes the asymmetrical position of being a recipient to an otherwise manipulative giver who would utilize the commerce of utang na loob for self-aggrandizement. This articulation achieves then on one hand a reappraisal of the culturally specific Bikolano significance of “Dyos Mabalos” and a contribution on the other to the already rich literature of investigations on utang na loob, specifically on a possible resolution to the ambivalence of gratitude in Philippine culture which could be gleaned from the performative speech and transcendental dimension of “Dyos Mabalos.”. (shrink)

A common view of nonhuman animals is that they lack rights because they lack conscious control over themselves. Two thoughts put pressure on this view. First, we recognize the rights of radically cognitively limited humans even though they lack conscious control over themselves. So it would seem mere prejudice to deny rights to nonhuman mammals on the grounds that animals lack autonomy. Tom Regan has been the most eloquent, powerful, and resolute defender of this thought. Second, evidence is growing that (...) healthy adults exercise non-conscious control over themselves most of the time. To deny rights to animals on the grounds that they can only exercise non-conscious control over themselves while affirming the rights of humans who similarly exercise non-conscious control over themselves most of the time also seems prejudicial. Notice that whereas the first thought compares animals to neurally diverse, cognitively challenged humans the second thought compares animals to typically developing, normal humans. In this paper I argue that accumulating empirical data lend increasing support to the second thought. (shrink)

Purdue Pharma was being investigated by United States Civil and Criminal compliance agencies for many years and a conclusion has now been reached. Although successful , this author feels that such extremely serious corporate frauds must also punish senior individual executives with long jail sentences -in this case-corporate manslaughter.

The distinction between hexis and act runs through the entire realm of intentional experiences. Examples of hexeis are: being acquainted with, knowing, being convinced, believing, loving, wanting, etc. Examples of acts: perceiving, recognising, deciding, converting, promising, etc. The distinction is not merely a matter of temporal structure (the distinction of interval and point). If one contrasts an action (Tat) with, e.g., a state or hexis of being in love, then that which is decisive in this contrast is not the temporal (...) punctuality of the execution of the action. An act, like an action, is a 'punctual clicking into place' (Einschnappen ), and what is primary here is not so much the punctuality as the clicking into place. An action, too, can be described - from the outside - as the clicking into place of a new external situation. Cognition would then correspondingly be the clicking into place of a new knowledge-situation, decision the clicking into place of a new will-situation, etc. The new distributions of knowledge and will which thereby result are clearly hexial, and thus it is tempting to see the hexis in general as a phenomenon which is in every case the sequel to an act. Hexeis such as knowledge, will and the like, would then simply be the results of cognitive or resolutive acts, as the new external situation is a result of the action. But clearly not all being can be traced back in this way to a becoming. Just as every action already presupposes some situation - does not create the world but rather changes it - so every act of cognition presupposes some knowledge, and from this point of view the hexis is prior to the act. (shrink)

Most theories of promising are insufficiently broad, for they ground promissory obligation in some external or contingent feature of the promise. In this paper, I introduce a new kind of theory. The Mental States First (MSF) theory grounds promissory obligation in something internal and essential: the mental state expressed by promising, or the state that promisors purport to be in. My defense of MSF relies on three claims. First, promising to Φ expresses that you have resolved to Φ. Second, resolving (...) to Φ commits you to Φing, all else being equal. Third, the norms on speech acts are determined by the norms on the mental states they express, such that publicly expressing that you are in a state subjects you to whatever commitments are normally incurred by being in that state, regardless of whether you really are in it. I suggest that this general approach might also explain how the norms on other sorts of speech acts work. (shrink)

This paper is an attempt to clarify, from a Thomistic point of view, the nature and method of metaphysics. I argue that metaphysics' object is created being, not God, even if God enters metaphysics as efficient cause of metaphysic's object. Also, that metaphysics is a science, insofar as a particular kind of coherent reasoning process, going from the many to understand a certain oneness, and then from that oneness to reinterpret the many. Moreover, that, in this particular process of reasoning, (...) doctrinal topics must follow a certain order. Thus, in particular, I argue that the distinction between essence and act of being in every creature cannot be argued before arguing the existence of God. I touch upon the notion of separation in metaphysics and I compare Aquinas' notion of resolution with Fabro's notion. (shrink)

It is usually appropriate for adults to make significant decisions, such as about what kinds of medical treatment to undergo, for themselves. But sometimes impairments are suffered - either temporary or permanent - which render an individual unable to make such decisions. The Mental Capacity Act 2005 sets out the conditions under which it is appropriate to regard an individual as lacking the capacity to make a particular decision (and when provisions should be made for a decision on their (...) behalf). -/- To what extent does having capacity require the endorsement of certain values? Drawing on Owens et al (2009), I assess the extent to which understanding relevant information and weighing it in coming to a decision requires certain evaluative commitments. With reference to literature on anorexia nervosa and decisions informed by religious beliefs, I argue that it is difficult to avoid the conclusion that the conditions for capacity are value-laden, and that if this is so it is important to open discussion about which patterns of distorted valuing undermine capacity, and why. (shrink)

To act akratically is to act, knowingly, against what you judge is best for you to do, and it is traditionally assumed that to do this is to be weak-willed. Some have rejected this identification of akrasia and weakness of will, arguing that the latter is instead best understood as a matter of abandoning one's reasonable resolutions. This paper also rejects the identification of akrasia and weakness of will, but argues that this alternative conception is too broad, and that weakness (...) of will is best understood in relation to certain kinds of pain and pleasure. Moreover, the phenomenon of strong-willed akrasia, cases in which a person must exhibit strength of will to do precisely what she judges she should not do, suggests that strength of will is an executive virtue, and that being weak-willed is just one way (among others) in which a person can fail to manifest this virtue. (shrink)

This paper reviews six attempts to give cooperative solutions to Prisoners Dilemmas: symmetry (agents are in identical situations, so should choose the same way, so should both choose cooperation because that’s better for each), mechanism (each agent should delegate the decision to a machine which will choose cooperation for them provided the other does likewise), inducement (the agents should make a side bet which pays off only upon both cooperating), resolution (each agent should resolve to cooperate, then act on (...) the resolution), alternative principle (rationality requires not dominance reasoning and so defecting, but constrained maximization or resolution compliance or “sophisticated” choosing, and so cooperation), and preference revision (each agent should acquire conditional preferences to cooperate, then cooperate provided the other agent has acquired similar preferences). It distinguishes one-stage from two-stage games, as well as endogenously available solutions (ones available to agents in the circumstances of the game merely due to the nature of rationality) from solutions requiring exogenous devices. It contrasts Edward McClennen’s endogenous solution, which is some combination of resolution and alternative principle solution, with David Gauthier’s endogenous alternative principle solution. It argues that all have problems, ones best solved by the endogenous preference revision solution defended by Duncan MacIntosh. (shrink)

Can interests survive dementia, permanent unconsciousness--even death? If not, what kills them off? Perhaps lack of attention (one could almost say "lack of interest"), if having the interest requires believing that you have it, caring about its object, and in some sense investing in that object. Thus, once you no longer care about the object, the investment--and the interest--is gone. If an interest disappears when you stop caring about its object, will it disappear when you are mentally incompetent and (...) unable to care about it? If so, then it seems such interests cannot survive the onset of incompetence (let alone death). -/- This issue arises with living wills and other ways to decide the medical care you will receive when you become mentally incapacitated and unable to decide for yourself. Such decisions are made to protect certain kinds of interest. For example, you may want to avoid expensive end-of-life care in order to protect your family's inheritance, thereby protecting your interest in your family's welfare. Or you might have a religious commitment to the sanctity of life, and therefore an interest in keeping your biological life going as long as possible, even when you are permanently unconscious. We use living wills and similar forms of advance medical decision making to protect our such interests when we anticipate being unable to protect those interests by acting autonomously at the time of treatment. If, however, those interests do not survive incompetence, then the moral authority of living wills is severely undermined, for the interests they are meant to protect do not exist. It will be argued that some interests can survive a permanent loss of mental capacity, for sometimes, as strange as it sounds, you can be disposed to care about a thing even when you will never be conscious again. (shrink)

How fine-grained are the contents of our beliefs and other cognitive attitudes? Are the contents of our beliefs individuated solely in terms of the objects, properties, and relations that figure in their truth conditions, or rather in terms of our concepts, or modes of presentation of those objects, properties, and relations? So-called Millians famously maintain the former whereas their Fregean rivals hold the latter. Though much ink was spilled on the question of grain, relatively little was ever achieved by way (...) of consensus. We think the lack of consensus itself cries out for explanation. In this paper, we sketch a pluralist resolution (or, better, a dissolution) of the debate that flows from some extremely minimal commitments regarding the metaphysics of propositions and the attitudinal relations we bear to them. In doing so, we focus on the Act-type conception of propositions of Hanks (2015) and Soames (2010, 2016) and our own (2019) favored deflationary account, Minimalism. (shrink)

The Comprehensibility of the Universe puts forward a radically new conception of science. According to the orthodox conception, scientific theories are accepted and rejected impartially with respect to evidence, no permanent assumption being made about the world independently of the evidence. Nicholas Maxwell argues that this orthodox view is untenable. He urges that in its place a new orthodoxy is needed, which sees science as making a hierarchy of metaphysical assumptions about the comprehensibility and knowability of the universe, these (...) assumptions asserting less and less as one ascends the hierarchy. This view has significant implications: that it is part of scientific knowledge that the universe is physically comprehensible; that metaphysics and philosophy are central to scientific knowledge; that science possesses a rational, if fallible, method of discovery; that a new understanding of scientific method and rationality is required. Maxwell argues that this new conception makes possible a natural resolution of long-standing philosophical problems about science, regarding simplicity, induction, and progress. His goal is the reform not just of the philosophy of science but of science itself, and the healing of the rift between the two. (shrink)

In this paper it is analyzed from the informational perspective the relation between mind and body, an ancient philosophic issue defined as a problem, which still did not receive up to date an adequate solution. By introducing/using the concept of information, it is shown that this concept includes two facets, one of them referring to the common communications and another one referring to a hidden/structuring matter-related information, effectively acting in the human body and in the living systems, which determines the (...) dynamic inter-change of information between specific structures of the organism by electric/electronic/chemical agents and genetic/epigenetic processes. It is shown that the maintenance of body, permanently and obligatory depending on the external matter (foods, air, water) resources, needed to provide both the structuring/restructuring basic material and energy, determines the necessary existence of an info-managing system, administrating the internal mechano-chemical/physical processes. As a natural consequence, such a system should organize and assure own survival by an effective informational operability to detect the external food resources, to select the appropriate interest information and to decide as a function of circumstances. One important component in such an informational system is memory, allowing to dispose of the reference informational data for analysis/comparison and the selection between good and bad binary possible decisions. The memory receives and stores therefore signals from external reality and from the body itself, referring to the emotional reaction, digestion status, creation, and inherited predilections, within specific info-neural communication circuits between the brain and body execution/sensitive organs, the human body appearing as an integrated info-matter self-managed dynamic system. The specific body components memorize information with different degrees of info-integration: short/long-term integration, emotive/action reaction, info-abilities, culminating with the integration in the chromosomal structures by epigenetic processes. The new acquired information is transgenerationally transmissible, and is manifested as new traits, showing the adaptation capability of the human and close relation between mind and body. Analyzing the results of such a mind-body informational model in comparison with the earlier assumed/proposed/asserted archaic, Greek and Occidental philosophies, which represent only partial aspects of this relation, it is shown that this informational model, elaborated in terms of information on the basis of scientific reasons and arguments, constitutes a general, realist, and coherent model of the mind-body relation, able to integrate and/or explain most of the others. (shrink)

In her BBC Reith Lectures on Trust, Onora O’Neill offers a short, but biting, criticism of transparency. People think that trust and transparency go together but in reality, says O'Neill, they are deeply opposed. Transparency forces people to conceal their actual reasons for action and invent different ones for public consumption. Transparency forces deception. I work out the details of her argument and worsen her conclusion. I focus on public transparency – that is, transparency to the public over expert domains. (...) I offer two versions of the criticism. First, the epistemic intrusion argument: The drive to transparency forces experts to explain their reasoning to non-experts. But expert reasons are, by their nature, often inaccessible to non-experts. So the demand for transparency can pressure experts to act only in those ways for which they can offer public justification. Second, the intimate reasons argument: In many cases of practical deliberation, the relevant reasons are intimate to a community and not easily explicable to those who lack a particular shared background. The demand for transparency, then, pressures community members to abandon the special understanding and sensitivity that arises from their particular experiences. Transparency, it turns out, is a form of surveillance. By forcing reasoning into the explicit and public sphere, transparency roots out corruption — but it also inhibits the full application of expert skill, sensitivity, and subtle shared understandings. The difficulty here arises from the basic fact that human knowledge vastly outstrips any individual’s capacities. We all depend on experts, which makes us vulnerable to their biases and corruption. But if we try to wholly secure our trust — if we leash groups of experts to pursuing only the goals and taking only the actions that can be justified to the non-expert public — then we will undermine their expertise. We need both trust and transparency, but they are in essential tension. This is a deep practical dilemma; it admits of no neat resolution, but only painful compromise. (shrink)

The recent advent of high-resolution imaging and force spectroscopy using atomic force mi- croscopy (AFM) in organic and inorganic solutions opens the way to imaging a wide variety of surfaces and their solvent structure. However, to take full advantage of the high resolution and provide signicant new analytical capability, a detailed understanding of the background contrast mechanisms that lead to atomic and molecular resolution is critical. Without a theory that connects the measured force to atomic models of (...) the surface and tip of the microscope, the information that can be distilled from these measurements is limited. Molecular dynamics simulations show that the forces acting on the microscope tip result from the direct interaction between a tip and a surface and are entirely due to the structure of water around the tip and surface. (shrink)

Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is false and (...) where the use of Automated Weapons Systems would in fact be morally required. These include cases where a) once one has activated a weapon expected then to behave lethally, it would be appropriate to let it continue because this is part of a plan whose goodness one was best positioned to evaluate before activating the weapon; b) one expects better long-term consequences from allowing it to continue; c) allowing it to continue would express a decision you made to be resolute, a decision that could not have advantaged you had it not been true that you would carry through with it; d) the weapon is mechanically not recallable, so that, to not allow it to carry through, you would have had to refrain from activating it in the first place, something you expected would have disastrous consequences; e) you must deputize necessary killings to autonomous machines in order to protect yourself from guilt you shouldn’t have to bear; f) it would be morally better for the burden of responsibility for the killing to be shared among several agents, and the agents deputizing killing to machines can do this, especially where it’s not predictable which machine will be successful; g) a killing would be morally better done with elements of randomness and lack of deliberation, and a (relatively stupid) machine could do this where a person could not; h) the machine would be acting as a Doomsday Device, so that it could not have had its hoped for deterrent effect had you not ensured that you would be unable to recall it if enemy action activated it; i) letting it carry through is a necessary part of its own learning process, and you expect that this learning will have salutary effects later on; j) human intervention in the machine’s operation would disastrously impair its precision, or its speed and efficiency; k) using non-automated methods would require human resources you just don’t have in a task that nevertheless must be done (e.g., using land-mines to protect remote installations); l) the weapon has such horrible and indiscriminate power that it is doubtful whether it could be actually used in ways compatible with International Humanitarian Law and the Laws of War, which require that weapons be used only in ways respecting distinctness, necessity and proportionality, but its threat of use could respect these principles in affording deterrence provided human error cannot lead to their accidental deployment, this requiring that they be controlled by carefully designed autonomous and automatic systems. I then consider objections based on conceptions of human dignity and find that very often dignity too is best served by autonomous machine killing. Examples include saving your village by activating a robot to kill invading enemies who would inflict great indignity on your village, using a suicide robot to save yourself from a less dignified death at enemy hands, using a robotic drone to kill someone otherwise not accessible in order to restore dignity to someone this person killed and to his family, and using a robot to kill someone who needs killing, but the killing of whom by a human executioner would soil the executioner’s dignity. I conclude that what matters in rightful killing isn’t necessarily that it be under the direct control of a human, but that it be under the control of morality; and that could sometimes require use of an autonomous or automated device. (This paper was formerly called "Fire and Forget: A Defense of the Use of Autonomous Weapons in War" on Philpapers; the current title is the title of the published version.). (shrink)

There are prima facie ethical reasons and prudential reasons for people to avoid or withdraw from social media platforms. But in response to pushes for people to quit social media, a number of authors have argued that there is something ethically questionable about quitting social media: that it involves — typically, if not necessarily — an objectionable expression of privilege on the part of the quitter. In this paper I contextualise privilege-based objections to quitting social media and explain the underlying (...) principles and assumptions that feed into these objections. I show how they misrepresent the kind of act people are performing in quitting, in part by downplaying its role in promoting reforms in communication systems and technologies. And I suggest that this misrepresentation is related to a more widespread, and ultimately insidious, tendency to think of recently-established technological states of affairs as permanent fixtures of our society. (shrink)

This paper concerns non-causal normative explanations such as ‘This act is wrong because/in virtue of__’. The familiar intuition that normative facts aren't brute or ungrounded but anchored in non- normative facts seems to be in tension with the equally familiar idea that no normative fact can be fully explained in purely non- normative terms. I ask whether the tension could be resolved by treating the explanatory relation in normative explanations as the sort of ‘grounding’ relation that receives extensive discussion in (...) recent metaphysics. I argue that this would help only under controversial assumptions about the nature of normative facts, and perhaps not even then. I won't try to resolve the tension, but draw a distinction between two different sorts of normative explanations which helps to identify constraints on a resolution. One distinctive constraint on normative explanations in particular might be that they should be able to play a role in normative justification. (shrink)

Michael Smith’s Internalist resolution to “The Moral Problem” serves to establish a necessary connection between moral judgement and moral motivation in the rational agent. Externalists, like Brink, counter Smith’s claim with the figure of the Amoralist, whose moral motivation, they argue, is only contingent on antecedently-held desires. In this paper, I draw a distinction between “moral motivation” – if an agent judges it right to Φ, she is, ceteris paribus, motivated to Φ - and “acting on moral motivation” – (...) if an agent judges it right to Φ, she actually Φs. I show how the Amoralist explanation might account for the latter, but not the former, which ultimately leaves Smith’s argument for motivational Internalism intact. (shrink)

Philosophy of action in the context of Classical China is radically different from its counterpart in the contemporary Western philosophical narrative. Classical Chinese philosophers began from the assumption that relations are primary to the constitution of the person, hence acting in the early Chinese context necessarily is interacting and co-acting along with others –human and nonhuman actors. This book is the first monograph dedicated to the exploration and rigorous reconstruction of an extraordinary strategy for efficacious relational action devised by Classical (...) Chinese philosophers in order to account for the interdependent and embedded character of human agency –what the author has denominated “adapting” or “adaptive agency” (yin 因). As opposed to more unilateral approaches to action also conceptualized in the Classical Chinese corpus, such as forceful and prescriptive agency, adapting requires great capacity of self and other-awareness, equanimity, flexibility, creativity, and response, which allows the agent to co-raise courses of action ad-hoc: unique and temporary solutions to specific, non-permanent, and non-generalizable life problems. Adapting is one of the world’s oldest philosophies of action, and yet it is shockingly new for contemporary audiences, who will find in it an unlikely source of inspiration to deal with our current global problems. This book explores the core conception of adapting both on autochthonous terms and by cross-cultural comparison, drawing on the European and Analytic philosophical traditions as well as on scholarship from other disciplines, opening a brand-new topic in Chinese and comparative philosophy. (shrink)

The paper discusses the issue of psychophysical agency in the context of Indian philosophy, focusing on the oldest preserved texts of the classical tradition of Sāṃkhya–Yoga. The author raises three major questions: What is action in terms of Sāṃkhyakārikā (ca. fifth century CE) and Yogasūtra (ca. third century CE)? Whose action is it, or what makes one an agent? What is a right and morally good action? The first part of the paper reconsiders a general idea of action – including (...) actions that are deliberately done and those that ‘merely’ happen – identified by Patañjali and Ῑśvarakṛṣṇa as a permanent change or transformation (pariṇāma) determined by the universal principle of causation (satkārya). Then, a threefold categorization of actions according to their causes is presented, i.e. internal agency (ādhyātmika), external agency (ādhibhautika) and ‘divine’ agency (ādhidaivika). The second part of the paper undertakes the problem of the agent’s autonomy and the doer’s psychophysical integrity. The main issues that are exposed in this context include the relationship between an agent and the agent’s capacity for perception and cognition, as well as the crucial Sāṃkhya–Yoga distinction between ‘a doer’ and ‘the self’. The agent’s self-awareness and his or her moral self-esteem are also briefly examined. Moreover, the efficiency of action in present and future is discussed (i.e. karman, karmāśaya, saṃskāra, vāsanā), along with the criteria of a right act accomplished through meditative insight (samādhi) and moral discipline (yama). (shrink)

This morning I intended to get out of bed when my alarm went off. Hearing my alarm, I formed the intention to get up now. Yet, for a time, I remained in bed, irrationally lazy. It seems I irrationally failed to execute my intention. Such cases of execution failure pose a challenge for Mentalists about rationality, who believe that facts about rationality supervene on facts about the mind. For, this morning, my mind was in order; it was my action that (...) apparently made me irrational. What, then, should Mentalists say about the phenomenon of execution failure? The phenomenon of execution failure, and the puzzle it raises for Mentalists, have rarely been discussed. This paper addresses the puzzle in two parts. First, it argues that execution failure is a real phenomenon. It is possible for agents to irrationally fail to act on their present-directed intentions. It follows that Mentalists in the philosophy of action must solve the puzzle of explaining what is irrational about cases of execution failure. Second, this paper begins the search for such a solution. It considers six possible resolutions to the puzzle, arguing that none is obviously the most attractive. These resolutions include a requirement of overall conative consistency, an appeal to the norm of intention consistency, a form of Volitionalism, an appeal to factive mental states, and a proposal due to Garrett Cullity, and a novel requirement of proper functioning. (shrink)

Modernity and Contemporaneity is the 3rd volume in the Hellenic-Serbian Philosophical Dialogue Series, a project that was initiated as an emphatic token of the will and commitment to establish permanent and fruitful collaboration between two strongly bonded Departments of Philosophy, this of the National and Kapodistrian University of Athens, and that of the University of Novi Sad respectively. This collaboration was founded from the very beginning upon friendship, mutual respect and strong engagement, as well us upon our firm (...) class='Hi'>resolution to establish a solid continuity in the editing project. The publication of this volume allows us to entertain feelings of contentment and confidence that this objective of the project has been accomplished. (shrink)

The Logic of Causation: Definition, Induction and Deduction of Deterministic Causality is a treatise of formal logic and of aetiology. It is an original and wide-ranging investigation of the definition of causation (deterministic causality) in all its forms, and of the deduction and induction of such forms. The work was carried out in three phases over a dozen years (1998-2010), each phase introducing more sophisticated methods than the previous to solve outstanding problems. This study was intended as part of a (...) larger work on causal logic, which additionally treats volition and allied cause-effect relations (2004). The Logic of Causation deals with the main technicalities relating to reasoning about causation. Once all the deductive characteristics of causation in all its forms have been treated, and we have gained an understanding as to how it is induced, we are able to discuss more intelligently its epistemological and ontological status. In this context, past theories of causation are reviewed and evaluated (although some of the issues involved here can only be fully dealt with in a larger perspective, taking volition and other aspects of causality into consideration, as done in Volition and Allied Causal Concepts). Phase I: Macroanalysis. Starting with the paradigm of causation, its most obvious and strongest form, we can by abstraction of its defining components distinguish four genera of causation, or generic determinations, namely: complete, partial, necessary and contingent causation. When these genera and their negations are combined together in every which way, and tested for consistency, it is found that only four species of causation, or specific determinations, remain conceivable. The concept of causation thus gives rise to a number of positive and negative propositional forms, which can be studied in detail with relative ease because they are compounds of conjunctive and conditional propositions whose properties are already well known to logicians. The logical relations (oppositions) between the various determinations (and their negations) are investigated, as well as their respective implications (eductions). Thereafter, their interactions (in syllogistic reasoning) are treated in the most rigorous manner. The main question we try to answer here is: is (or when is) the cause of a cause of something itself a cause of that thing, and if so to what degree? The figures and moods of positive causative syllogism are listed exhaustively; and the resulting arguments validated or invalidated, as the case may be. In this context, a general and sure method of evaluation called ‘matricial analysis’ (macroanalysis) is introduced. Because this (initial) method is cumbersome, it is used as little as possible – the remaining cases being evaluated by means of reduction. Phase II: Microanalysis. Seeing various difficulties encountered in the first phase, and the fact that some issues were left unresolved in it, a more precise method is developed in the second phase, capable of systematically answering most outstanding questions. This improved matricial analysis (microanalysis) is based on tabular prediction of all logically conceivable combinations and permutations of conjunctions between two or more items and their negations (grand matrices). Each such possible combination is called a ‘modus’ and is assigned a permanent number within the framework concerned (for 2, 3, or more items). This allows us to identify each distinct (causative or other, positive or negative) propositional form with a number of alternative moduses. This technique greatly facilitates all work with causative and related forms, allowing us to systematically consider their eductions, oppositions, and syllogistic combinations. In fact, it constitutes a most radical approach not only to causative propositions and their derivatives, but perhaps more importantly to their constituent conditional propositions. Moreover, it is not limited to logical conditioning and causation, but is equally applicable to other modes of modality, including extensional, natural, temporal and spatial conditioning and causation. From the results obtained, we are able to settle with formal certainty most of the historically controversial issues relating to causation. Phase III: Software Assisted Analysis. The approach in the second phase was very ‘manual’ and time consuming; the third phase is intended to ‘mechanize’ much of the work involved by means of spreadsheets (to begin with). This increases reliability of calculations (though no errors were found, in fact) – but also allows for a wider scope. Indeed, we are now able to produce a larger, 4-item grand matrix, and on its basis find the moduses of causative and other forms needed to investigate 4-item syllogism. As well, now each modus can be interpreted with greater precision and causation can be more precisely defined and treated. In this latest phase, the research is brought to a successful finish! Its main ambition, to obtain a complete and reliable listing of all 3-item and 4-item causative syllogisms, being truly fulfilled. This was made technically feasible, in spite of limitations in computer software and hardware, by cutting up problems into smaller pieces. For every mood of the syllogism, it was thus possible to scan for conclusions ‘mechanically’ (using spreadsheets), testing all forms of causative and preventive conclusions. Until now, this job could only be done ‘manually’, and therefore not exhaustively and with certainty. It took over 72’000 pages of spreadsheets to generate the sought for conclusions. This is a historic breakthrough for causal logic and logic in general. Of course, not all conceivable issues are resolved. There is still some work that needs doing, notably with regard to 5-item causative syllogism. But what has been achieved solves the core problem. The method for the resolution of all outstanding issues has definitely now been found and proven. The only obstacle to solving most of them is the amount of labor needed to produce the remaining (less important) tables. As for 5-item syllogism, bigger computer resources are also needed. (shrink)

Truths will be defined as an agreement on uncertainties, the consensus over matters of empirical and social nature such as mathematics, physics or economics. As illustrated by Dennis Lindley , ‘individuals tend to know things to be true and false but the extent of this truth and falsity would always remain unknown’. Leading individuals to a permanent state of stress, uncertainty becomes a risk for the social community. Problems could not be presumed to be solvable as any kind of (...) solution would be perceived as uncertain. The struggle for solutions would develop into a state of insecurity and conflict where no individual could trust the answers given by any other member of the community. To prevent a ‘war of all against all’ that would cause anxiety and permanent conflict, it will become an essential duty for the social community to diminish uncertainty by imposing truths. With those, individuals can be reassured about the certainty of their knowledge and use truths as a resolution tool for any dispute that might occur within the social space. For the purpose of social peace, truths will therefore be every outcome of the process through which uncertainty is transformed into an agreed form of knowledge. “Gravity”, “Death” and “God” will all be considered truths as they represent a form of agreement over different domains of the human and social life. It is not the intention of this essay to examine each of the truths separately but rather, to analyse them all together in order to formulate a hypothesis for all empirical and social matters. (shrink)

At least since the middle of the twentieth century, philosophers have tended to identify weakness of will with akrasia—i.e. acting, or having a disposition to act, contrary to one‘s judgments about what is best for one to do. However, there has been some recent debate about whether this captures the ordinary notion of weakness of will. Richard Holton (1999, 2009) claims that it doesn’t, while Alfred Mele (2010) argues that, to a certain extent, it does. As Mele recognizes, the question (...) about an ordinary concept here is one apt for empirical investigation. We evaluate Mele’s studies and report some experiments of our own in order to investigate what in the world the ordinary concept of weakness of will is. We conclude that neither Mele nor Holton (previously) was quite right and offer a tentative proposal of our own: the ordinary notion is more like a prototype or cluster concept whose application is affected by a variety of factors. (shrink)

In the ancient Greek world, the concept of 'miasma,' which becomes permanent and has the potential to grow over time due to evil acts such as murder committed in the city, is a concept frequently referred to in many classical tragedies. To the extent that miasma has a bad connotation due to its nature and is a situation that occurs due to evil actions, it can be considered together with the philosophical problem of evil. In this study, we aim (...) to examine the concept of miasma by focusing on the characters in La Jauría, one of the most prominent films of recent South American cinema, rather than a purely conceptual analysis of the concept. Filmed in the jungles of Colombia and directed by Colombian director Andrés Ramírez Pulido, the 2022 film La Jauría is a psychological drama that focuses on the lives of young people involved in crime. The tragic story of Eliu, the protagonist of the film, which takes place mainly in a prison specially designed to rehabilitate inmates, seems to us to be a very suitable focal point for examining the concepts of miasma, catharsis, and ecstasy, which are frequently referred to in ancient Greek tragedy. To do so, we will first address the various contexts in which miasma has been used historically, considering the flow of events in the movie La Jauría. Then, we will look at the relationship of the concept of miasma with the problem of evil. Finally, we will discuss the possibilities of the concept of purification, which is seen as a kind of antidote to miasma. (shrink)

This paper examines how time functions as an active subject in the works of Mark Doty and Edmund de Waal, mainly through their reflections on still life and material objects. Doty’s meditations on a still life painting and De Waal’s exploration of his family’s netsuke collection reveal an inversion of our typical understanding of time, where instead of us moving through time, time itself shapes, preserves, or erodes people, places, and things. By closely observing these objects—Doty’s “things of the world” (...) and De Waal’s family heirlooms—each author recognizes how time acts upon them, turning seemingly permanent elements into transient reflections. This study argues that, in both accounts, time is a subjugating force and a silent reminder of impermanence. In this way, the paper invites readers to adopt a “close-looking” perspective, recognizing time’s invisible yet profound impact on memory, materiality, and the passage of life itself. (shrink)

This paper explores how transformative experience generates decision-making problems of particular seriousness in medical settings. Potentially transformative experiences are especially likely to be encountered in medicine, and the associated decisions are confronted jointly by patients and clinicians in the context of an imbalance of power and expertise. However in such scenarios the principle of informed consent, which plays a central role in guiding clinicians, is unequal to the task. We detail how the principle’s assumptions about autonomy, rationality and information handle (...) transformative experiences poorly, appealing to several difficult cases for medical decision-making to illustrate the resulting problem, and we consider how the existing literature on complications with consent fails to offer a resolution. We argue that recognition of the problem has a role to play in achieving a more effective response to transformative decisions. In Sect. 1 we introduce several representative cases of challenging patient decision-making that clinicians might face. In Sect. 2 we detail how transformative experience has been analysed in the recent literature, before outlining in Sect. 3 the theoretical basis of the principle of informed consent, which plays a central role in how clinicians are expected to support decision-making. In Sect. 4, having laid the groundwork for a clear description, we return to the cases given in Sect. 1 to confirm how their transformative nature presents a problem: either clinicians treat the decisions faced by these patients as ‘normal’, encouraging them to focus on information provision that patients may be unable to act on, or they treat them as transformative, in which case they lack the resources to recognise whether they are helping patients make (subjectively) good decisions. In Sect. 5 we argue that the existing literature does not offer any escape from this problem. We close in Sect. 6 by noting the significant impact that appreciating the problem of transformative experience could have on supporting transformative decisions in medicine and briefly suggesting how we might aim to develop new approaches to dealing with these. (shrink)

Christian existence is permanently faced with the challenge of streng- thening the affective link between the experience of Faith and the truth of Faith. This paper tries to face this challenge through a dialogue between that peculiar human cognitive force that is empathy, and the verification that this is precisely the epistemological focus in which Gospel hermeneutics updates the meaning and salvific transcendence of the Person of Christ (dead and risen) for the witness of any time who meets Him.

This paper aims to resolve an unremarked-upon tension between Anne Conway’s commitment to the moral responsibility of created beings, or creatures, and her commitment to emanative, constant creation. Emanation causation has an atemporal aspect according to which God’s act of will coexists with its effect. There is no before or after, or past or future in God’s causal contribution. Additionally, Conway’s constant creation picture has it that all times are determined via divine emanation. Creaturely agency, by contrast, is fundamentally temporal, (...) occurring successively over time. It is unclear how creatures can count as emanative causes, which coexists with its effect, given that their agency is limited by time, proceeding from before to after, or past to future. Conway’s account of divine justice in the progress of time, however, requires that creatures are causally responsible. That is, moral responsibility requires causal responsibility. I propose that Conway’s distinction between vital motion and local motion enables a resolution of the tension. Vital motion contributes an atemporal aspect to creaturely agency so that creatures can count as secondary emanative causes. (shrink)

In “Neither Ethical nor Prudent: Why Not to Choose Normothermic Regional Perfusion” Omelianchuk and colleagues offer an exceptionally clear and methodical critique of the ethical and legal permissibility of in situ normothermic regional perfusion (NRP). NRP involves, in part, the reperfusion of organs via extracorporeal membrane oxygenation (ECMO) after a declaration of death and the occlusion of the arteries supplying blood to the brain. The authors’ main conclusion is that NRP invalidates the declaration of death via the standards set by (...) the Uniform Determination of Death Act (which requires either permanent cessation of circulatory and respiratory functions or irreversible cessation of all brain functions for a determination of death) and thereby violates the Dead Donor Rule (DDR) (which, minimally, requires that organ recovery not be the cause of death). Their arguments for these points, however, are flawed. Most notably, this conclusion rests on mistaken assumptions about the role of circulation in both the UDDA and DDR. A close examination of the role of circulation in sustaining life shows that NRP is consistent with both the UDDA and the DDR. (shrink)

The “nature or nurture” problem concerning the debate on the innate features with respect to the acquired ones is approached in terms of information, from the perspective of the Informational Model of Consciousness. This model reveals seven distinct informational systems reflected in consciousness as informational centers, i.e. memory (Iknow-Ik), decisional info-operational center (Iwant-Iw), emotions (Ilove-Il), metabolic operations (Iam-Ia), genetic transmission (Icreate-Ic), genetic info-generation (Icreated-Icd) and the anti-entropic center (Ibelieve-Ib). Ib is a life-assisting beneficial center, because it is opposed to the (...) entropic action of matter, eliminating or reducing the uncertainty characteristic of unknown possibilities to certainty, and inducing in this way the trust and confidence in own actions. The pro and contra arguments of the “nature or nurture” are shortly presented, noting the large range of divergent opinions and concepts on the approached problem. It is shown that the information concept acting both as informal and matter-related information, specifically referred to the embodiment/ disembodiment mechanisms for the transmission of information during the epigenetic processes, can coherently approach and explain the transgenerational transmission of the traits acquired during the life span of the predecessors. The concepts of tendency, affinity, propensity, predisposition, aptitude, vocation and talent, specific for inheritable properties described by Icd are discussed, pointing out the large pallet and variety of such concepts describing the evidences detected by external observers on the inherited behaviors, and that of self-perceived by the implicated individual, as a silent voice of whose are no longer. The external manifestation of such inherited features and traits depends on practice, because the characteristic operation of the nervous system and of epigenetic processes is based on repetition and/or intensive practice, but these are permanently guided by the silent voice of those who are no longer, with various signal intensities. (shrink)

In this paper, I seek to explore the increasing popular claim that the performance of philosophy and the performance of humor share similar features. I argue that the explanation lies in the function of humor—a function which can be a catalyst for philosophy. Following Ernst Cassirer’s philosophy of symbolic forms and utilizing insights from various philosophical and scientific perspectives on the nature and origins of humor, I argue that the function of humor is to reveal faulty belief or error in (...) judgment. Once such errors are revealed the mind demands resolution, and this is the work of philosophy. But philosophy cannot solve a problem unless it recognizes that there is a problem to solve. That is, the move from ignorance to philosophy requires a mediating step. Humor can act as that step, and, as such, humor can serve as a catalyst for philosophy while being necessarily distinct from it. (shrink)

This text is an English translation of those several sections of the original paper in Russian, where collection-related issues are considered. The full citation of the original paper is as following: Pavlinov I.Ya. 2016. [Bioraznoobrazie i biokollektsii: problema sootvetstvia]. In: Pavlinov I.Ya. (comp.). Aspects of Biodiversity. Archives of Zoological Museum of Lomonosov Moscow State University, Vol. 54, Pр. 733–786. -/- Orientation of biology, as a natural science, on the study and explanation of the similarities and differences between organisms led in (...) the second half of the 20th century to the recognition of a specifi c subject area of biological explorations, viz. biodiversity (BD). One of the important general scientifi c prerequisites for this shift was understanding that (at the level of ontology) the structured diversity of the living nature is its fundamental property equivocal to subjecting of some of its manifestations to certain laws. At the level of epistemology, this led to acknowledging that the “diversifi cationary” approach to description of the living beings is as justifi able as the before dominated “unifi cationary” one. This general trend has led to a signifi cant increase in the attention to BD. From a pragmatic perspective, its leitmotif was conservation of BD as a renewable resource, while from a scientifi c perspective the leitmotif was studying it was studying BD as a specifi c natural phenomenon. These two points of view are united by recognition of the need for scientific substantiation of BD conservation strategy, which implies the need for a detailed study of BD itself. At the level of ontology, one of the key problems in the study of BD (leaving aside the question of its genesis) is determination of its structure, which is interpreted as a manifestation of the structure of the Earth’s biota itself. With this, it is acknowledged that the subject area of empirical explorations is not the BD as a whole ( “Umgebung”) but its particular manifestations (“Umwelts”). It is proposed herewith to recognized, within the latter: fragments of BD (especially taxa and ecosystems), hierarchical levels of BD (primarily within- and interorganismal ones), and aspects of BD (before all taxonomic and meronomic ones). Attention is drawn to a new interpretation of bioinformatics as a discipline that studies the information support of BD explorations. An important fraction of this support are biocollections. The scientifi c value of collections means that they make it possible both empirical inferring and testing (verification) of the knowledge about BD. This makes biocollections, in their epistemological status, equivalent to experiments, and so makes studies of BD quite scientific. It is emphasized that the natural objects (naturalia), which are permanently kept in collections, contain primary (objective) information about BD, while information retrieved somehow from them is a secondary (subjective) one. Collection, as an information resource, serves as a research sample in the studies of BD. Collection pool, as the totality of all collection materials kept in repositories according to certain standards, can be treated as a general sample, and every single collection as a local sample. The main characteristic of collection-as-sample is its representativeness; so the basic strategy of development of the collection pool is to maximize its representativeness as a means to ensure correspondence of structure of biocollection pool to that of BD itself. The most fundamental characteristic of collection, as an information resource, is its scientific signifi cance. The following three main groups of more particular characteristics are distinguished: — the “proper” characteristics of every collection are its meaningfulness, informativeness, reliability, adequacy, documenting, systematicity, volume, structure, uniqueness, stability, lability; — the “external” characteristics of collection are resolution, usability, ethic constituent; — the “service” characteristics of collection are its museofication, storage system security, inclusion in metastructure, cost. In the contemporary world, development of the biocollection pool, as a specific resource for BD research, requires considerable organizational efforts, including work on their “information support” aimed at demonstrating the necessity of existence of the biocollections. (shrink)

Human rights may feel self-apparent to us, but less than 80 years ago, one of the most advanced countries at the time acted based on an utterly contrary ideology. The view of social Darwinism that abandoned the idea of the intrinsic value of human lives instead argued that oppression of the inferior is not only inevitable but desirable. One of the many catastrophic outcomes is the medical data obtained from inhuman experiments at concentration camps. Ethical uncertainty over whether the resulting (...) insights should be a part of the medical literature provides a chance to consider the seemingly irreplaceable social construct of human dignity. Would any medical benefit justify the utilization of this illicit data? Would utilization even qualify as an insult to the dignity of the exploited subjects, or is this a question about intersubjective meaning? This work discusses the wisdom in blind adherence to human dignity, the possibility of retrospective insults, moral complicity, contrary viewpoints, and possible resolutions. (shrink)

We often form intentions to resist anticipated future temptations. But when confronted with the temptations our resolutions were designed to withstand, we tend to revise our previous evaluative judgments and conclude that we should now succumb—only to then revert to our initial evaluations, once temptation has subsided. Some evaluative judgments made under the sway of temptation are mistaken. But not all of them are. When the belief that one should now succumb is a proper response to relevant considerations that have (...) newly emerged, can acting in line with one’s previous intention nonetheless be practically rational? To answer this question, I draw on recent debates on the nature of higher-order evidence and on what rationally responding to such evidence involves. I propose that agents facing temptation often have evidence of “deliberative unreliability”, which they ought to heed even when it is “misleading” (that is, even when their evaluative judgments are in fact proper responses to the relevant considerations then available). Because evidence of deliberative unreliability can “dispossess” agents of normative reasons for evaluative judgments and actions that they would otherwise have, being continent despite judging that one should now succumb can often be more rational than giving in. (shrink)

The enduring problem of free will has defied resolution across centuries. There is reason to believe that novel factors must be integrated into the analysis to make progress. Within the current physicalist framework, these factors encompass emergence and information theory, in the context of constraints imposed by physical limits on the representation of information. Furthermore the common, but vague, characterization of free will as 'being able to act differently' is rephrased into an explicatum more suitable for formal analysis. It (...) is argued that the mind is an ontologically open system; a causal high-level system, the dynamics of which cannot be reduced to the states of its associated low-level neural systems, not even if it is rendered physically closed. A positive answer to the question of free will for conscious agents is subsequently outlined. (shrink)

In The Methods of Ethics, Henry Sidgwick maintains that resolution of the free will problem is of “limited” importance to ethics and to practical reasoning. Despite the view’s uniqueness, surprisingly little sustained attention has been paid to Sidgwick’s view. This chapter tries to remedy this situation. Part one clarifies Sidgwick’s argument for the claim that resolving the free will controversy is of only limited importance to ethics. Part two examines and tries to deflect objections to Sidgwick’s position raised by (...) J. B. Schneewind and Roger Crisp while putting forward a different objection. Part three raises objections to Sidgwick’s claim that “it is practically impossible to be guided, either in remunerating services or in punishing mischievous acts, by any other considerations than those which the Determinist interpretation of desert [and responsibility] would include”. The chapter concludes by noting that although Sidgwick’s view is not without its problems, his discussion forces us to consider which aspects of moral thinking (if any) survive the conclusion that free will is illusory. (shrink)

As it was shown in the Part I of this work, the driving of our life is determined by series of YES/NO - type elemental decision, which is actually the information unit (Bit), so we operate actually in an informational mode. The informational analysis and modeling of consciousness reveals seven informational systems, reflected at the conscious level by the cognitive informational centers suggestively called Iknow (Ik - memory), Iwant (Iw - decision center), Iove (Il-emotions), Iam (Ia-body status), Icreate (Ic-informational genetic (...) transmitter and educator), Icreated (I-cd genetic generator inherited from the parents) and Ibelieve, (Ib - connection to the informational field of the universe). As the mind can operate in a bipolar mode, we dispose of two alternatives to use our free will: in a positive (YES) or negative (NO) mode. Such modes can be applied as a function of the personal criteria, especially that inhered from the family, which are the fundamental ones, but also from that acquired during the life. The persistence to operate in a positive or a negative mode is fundamental for the designing of our personal trajectory and therefore for our destiny. The destiny and the role of our free will in deciding the course of our own life are analyzed therefore with respect to our YES/NO attitude, which is an integrated informational output composed by the contribution of all cognition centers, showing that when this is favorable to the life rules, it is avoided its deterioration determined by a permanently negative attitude and thinking mode. It is shown that our intervention should be directed both to the operating mode but also to the decision criteria, when it is ascertained that they do not correspond to the reality, allowing a favorable adaptation. As parents and therefore as forming and educator of the next generation, an activity specific for the center Ic, it is necessary to observe, discover and encourage the talents and predispositions of their Children, to put them on a privileged way of the destiny, because they will benefit of an advanced informational “budget” with respect to their generation and a certain sort of preparation. The comparative analysis between personal operating mode and the reality for adaptation necessities should guide permanently the selected trajectory way, to include new criteria, to change the older, or to reprogramming the operation mode, with the participation of all centers. The stereotype thinking chains triggered by repetitive negative thoughts acts on the informational system as stressing agents, leading to chronic, sometime serious disorders. Such thinking operation forms should be therefore detected and substituted or eliminated without delay, according to some recommended suggestions. Furthermore, it is shown that a specific self-control of the thoughts as positive or negative information and of the lifestyle, helps the health maintenance and the life prolongation under high qualitative. (shrink)

G.E.M. Anscombe famously remarked that an adequate philosophy of psychology was needed before we could do ethics. Fifty years have passed, and we should now ask what significance our best theories of the psychology of agency have for moral philosophy. My focus is on non-moral conceptions of autonomy and self-governance that emphasize the limits of deliberation -- the way in which one's cares render certain options unthinkable, one's intentions and policies filter out what is inconsistent with them, and one's resolutions (...) function to block further reflection. I argue that we can expect this deliberative "silencing" to lead to moral failures that occur because the morally correct option was filtered out of the agent's deliberation. I think it follows from these conceptions of self-governance that we should be considered culpable for unwitting acts and omissions, even if they express no ill will, moral indifference, or blameworthy evaluative judgments. The question is whether this consequence is acceptable. Either way, the potential tradeoff between self-governance and moral attentiveness is a source of doubt about recent attempts to ground the normativity of rationality in our concern for self-governance. (shrink)

The publication in 2015 (ed. Li) of Chap. 6 of the rediscovered Sanskrit text of Candrakīrti’s Madhyamakāvatāra (MA) allows us to witness more directly Candrakīrti’s careful and deliberate critique of the ‘chariot argument’ for the merely conventional existence of the self in Indian Abhidharmic thought. I argue that in MA 6.140–141, Candrakīrti alludes to the use of the chariot argument in the Milindapañha as negating only the view of a permanent self (compared to an elephant), rather than negating ego-identification (...) (compared to a snake in its hole). In contrast to this misuse of the chariot argument, in MA 6.150–165 Candrakīrti uses the chariot argument as an allegory to enable the meditator to refute the basis of ego-identification in seven ways. Candrakīrti’s use of the chariot argument does not establish any theory about the self or not-self, but acts as a guide to meditation as part of philosophy as a spiritual practice with the goal of liberation. (shrink)

The contemporary combination of information infrastructure with the commonly experienced transformation of knowledge created, in relation to education especially for older adults, an entirely new area of activeness. In accordance with the social awareness, education became an accessible good regardless of age. In this context, the maximal extending of the potential group of education receivers means, on the one hand, meeting the real social expectations towards so-called educational services. On the other hand, it is another challenge which the contemporary education (...) faces. Unfortunately, the system of permanent education was not created in Poland since what is missing is both the strategy and some practical resolutions enabling old people the access to education with regards to their educational. Presently, the University of the Third Age is the only solution in the educational offer. In order to change the present status quo, what is needed is the re-definition of education and the modern perception of education and then perhaps, there will appear, the expected, by the senior citizens, module educational solutions providing them not only with the competencies but also the acknowledged certificate confirming their knowledge. (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)

Cosmopolis A Review of Cosmopolitics -/- 2015/3-4 -/- Editorial Dominique de Courcelles & Paul Ghils -/- This issue addresses the general concept of “spirituality” as it appears in various cultural contexts and timeframes, through contrasting ideological views. Without necessarily going back to artistic and religious remains of primitive men, which unquestionably show pursuits beyond the biophysical dimension and illustrate practices seeking to unveil the hidden significance of life and death, the following papers deal with a number of interpretations covering a (...) wide field extending from belief to theory, from emotions to concepts, from the wisdom of personal experience to the most sophisticated doctrines. Spirit and spirituality are indeed many-faceted notions. They may refer to the intricate world of the interacting spirits which inhabit living beings in animistic traditions, without excluding a “grand force” linking human beings within a dynamic whole on which their very existence rely . They also bear upon more atomistic and either/or approaches of Western philosophy, which have become embodied in Cartesian dualism against a monotheist background, to the point of freezing the essence of individuals and culminating in the extreme individualism that characterizes our contemporaries. However, this equally refers to the opposite conception of materialism, across times and cultures, from ancient India and Greece (Cārvāka, originally known as Lokāyata, or some Buddhist doctrines for the former, Democritus or Lucretius for the latter) to more contemporary materialistic schools, whether modern or postmodern. -/- The following papers look at the contrasting forms of the philosophy and spirit of the human factor set into a whole, with no artificial disjoint between the psychical and the physical levels, as Wittgenstein put it: “And how can a body have a soul?”. This approach is not unrelated to the notion of anthropocene examined in a recent issue of Cosmopolis, with provides another comprehensive framework open to a spiritual life emerging from the very environment that generated it. -/- *** The first section of this issue was edited by Dominique de Courcelles, director at the National French Research Centre (CNRS), whom we wish to thank for collecting relevant studies relating to the religious and political questions, with a view to focusing on the war of ideas inevitably waged behind images, concepts and perceptions, taking an asymmetrical approach. To the extent that they are mindful of global/local interactions and include representations, opinions and beliefs, such disciplines as philosophy, philology, history and social sciences can provide useful studies accounting for new practices in geopolitics and a fair diplomacy. -/- In her introduction, Dominique de Courcelles first poses the question of how the religious and political spheres interrelate, with their corresponding religious demands and humanistic values. She then suggests that the right question today may be breaking with the philosophy of human rights concerned with the defense of human beings against the hazards of arbitrary politics or the instrumental use of religion, in favour of a fair philosophy of humankind, a new humanism. This would consist in recognizing a common loyalty of all towards one interhuman, not only interstate community, to protect it from both the autonomy demanded by individuals and the instrumental use of minorities. -/- Considering the fact of diversity, so important today in terms of both politics and religion, Abdelhai Azarkan looks at the conditions under which tolerance could obtain the double status of right and duty. He revisits to two philosophers, John Locke and Voltaire, who thought about it from the historical reality of religious wars. The former made tolerance into a right, basing his analysis on the political-legal level, while the latter saw tolerance as a duty, from an analysis based on ethical-political criteria. -/- Mathieu Guidère examines what he calls semantic denominationalism, a term which implies religious attributes and identities, whichever national loyalties or personal belonging they may have at the same time. Since the early 2000s, thie phenomenon has expanded tremendously, compounded by the “war on terror” and the over media-oriented terrorist actions. Denominational expressions act as formal names for ordinary and high-profile players in domestic and foreign policies of democratic states. These systems reveal a receding secularization, while the powerful comeback of religious identities signals the failure of nation-states and the weakening of the humanist spirit. -/- Barbara De Poli retraces the history of a contemporary jihadism claiming its Islamic essence and asserting the truth of genuine coranic principles via the war on infidels, with a view to restoring the Caliphate. After defining the term jihad, she shows that even if this contemporary jiadism is spreading in the Muslim world, it radically departs from Islamic law and the received use of the term jihad, in so far as it is rooted in the early radical thinking of Islamic ideologues in the 20th century, starting with with Hassan al-Banna, the founder of the Muslim Brotherhood. This current has been fueled by by international conflicts since the outbreak of the war in Afghanistan, in which the so-called Western countries bear a major responsibility. -/- Abderrazak Sayadi starts from the Tunisian experience to ask the question of humanist values and democracy within the relationships between the religious and political spheres. As a historian of religion, he is brought to demystify certain islamic principles and to paying attention to the reform of law, seeing the separation of religion and politics as a precondition to a successful democratic gamble and the establishment of a renewed humanism. -/- Dominique de Courcelles reminds us that getting a better knowledge of narrations and words makes it possible to better understand how logical and rhetorical thinking works for those who wage an asymetriccal war, re-enchanting and mystifying the world to better take control. As soon as 1932, an exchange of letters between Einstein and Freud made it clear that, in order to free man from fatality and war, education understood as culture was fundamental. Such illustrations as the exécution of Oussama ben Laden and the Caliph’s speech in Mossoul show that a premiminary analysis of images and words is essential to a fair diplomacy conducted by people from civil society, whose culture and wisdom allow justice and force to speak together and better resist war. -/- Marcel Boisard thinks that on the day the guns fall silent, exhausted by war, we will not return to the state borders that have prevailed for a century as an outcome of the Sykes-Picot agreement of 1916. It is time to prepare the “day after”, which will be a huge challenge. To this end, a summit of Middle-East nations is urgently needed to globally decide the fate of those peoples. On the condition that we know who the enemy is and accept to name it, to understand the history of the countries, groups and alliances, and to question any false or self-interested sense of certainty. -/- *** In the second section, Paul Schafer provides the author’s experiences to explain how culture, from the artistic to the biological, has the power to to open the doors to spirituality, from the inner self to the global environment. He asks himself whether a relative permanence of spirituality can arise from the specific moments that characterize it. Laurent Ledoux synthesizes the conclusion of a symposium held on 22 January 2015 on the links between philosophy and management, on the basis of the spiritual dimension conceived as “natural” and the answers it may suggest to the issues that face the organizations in a “contemporaniversal” world. Jacques Rifflet makes that question in a secular perspective, based on the wellsprings of personal commitment before it can be caught by any religious creed or scientific theory. In this sense spirituality, in alliance with reason, both inspires human consciousness and illuminates its destiny. Sami Aldeeb asks himself whether Islam can be reconciled with human rights. Caught between the belief in an absolute and final Word descended from the sky, and evidence showing that any religion is the creation of a given culture and a society situated in time and space, the Makkan and … contexts et médinois call for differentiated, if not opposite answers and exegeses. Bernard Carmona provides the outline of a dialogical framework, which is known to be a feature of debates between the various philosophical schools of classical India, exemplified here by the transdisciplinary perspective of debates within a Buddhist context. *** The articles not focused on the previous topic include a study by Landry Signé on China’s strategy, competing with the United States to control African resources. The author deals with the specific case of China’s rapprochement with Southern Sudan since Sudan was broken up. In the last paper, Goran Fejić and Rada Iveković, return to the essential role that women should play, and comments upon the role of some international legal instruments related in particular to the elimination of all forms of discrimination. The perspective is transnational and transethnic and is based on secular criteria, as regards nation-building and more generally society-building. Considering the persistence of widespread violence, whether in times of armed conflict or in times of peace, the question remains whether it is possible to fully implement rights and justice instruments. (shrink)