In light of recent criticisms by Woodward (2017) and Rescorla (2018), we examine the relationship between mechanistic explanation and phenomenological laws. We disambiguate several uses of the phrase “phenomenological law” and show how a mechanistic theory of explanation sorts them into those that are and are not explanatory. We also distinguish the problem of phenomenological laws from arguments about the explanatory power of purely phenomenal models, showing that Woodward and Rescorla conflate these problems. Finally, we (...) argue that the temptation to pit mechanistic and interventionist theories of explanation against one another occludes important and scientifically relevant research questions. (shrink)

In the present paper, I try to shed some light on the Munich-Göttingen conception of essences, laws of essence, and ideal objects. I first start with a preliminary account of their conception of the synthetic a priori at the basis of their conception of essence (§2); I then offer a first characterization of this conception, which I label as metaphysical realism (§3), highlighting its key concept: foundation (§4). In the last four sections (§§5-8), I discuss different outcomes of this (...) conception of essences: the nature of laws of essences (§5), different categories of essences (§6) and anumericity (§7). (shrink)

This essay examines the possibility that phenomenological laws might be implemented by a computational mechanism by carefully analyzing key passages from the Prolegomena to Pure Logic. Part I examines the famous Denkmaschine passage as evidence for the view that intuitions of evidence are causally produced by computational means. Part II connects the less famous criticism of Avenarius & Mach on thought-economy with Husserl's 1891 essay 'On the Logic of Signs (Semiotic).' Husserl is shown to reaffirm his earlier opposition (...) to associationist (Humean) and adaptationist (Darwinian) explanations of our thought-machine on the ground that they cannot reconstruct the notion of truth and its syntactic mental preservation in symbolic thought-trains. Part III reveals Husserl's interesting commitment to the idea that descriptive sciences necessarily transform into explanatory sciences on pain of contradicting the essence of science as a rational ideal. Since explanation in relation to phenomenology means causal explanation, and causal explanation in the form of the Denkmaschine accounts for phenomenological intuition, it is inferred that the rationally compelling ideal of explanatory science requires a computationalist reading of the subsequent logical investigations. (shrink)

INTERNATIONAL STUDIES IN THE PHILOSOPHY OF SCIENCE Vol. 5, number 1, Autumn 1991, pp. 79-87. R.M. Nugayev. -/- The fundamental laws of physics can tell the truth. -/- Abstract. Nancy Cartwright’s arguments in favour of phenomenological laws and against fundamental ones are discussed. Her criticisms of the standard cjvering-law account are extended using Vyacheslav Stepin’s analysis of the structure of fundamental theories. It is argued that Cartwright’s thesis 9that the laws of physics lie) is too radical (...) to accept. A model of theory change is proposed which demonstrates how the fundamental laws of physics can, in fact, be confronted with experience. -/- . (shrink)

This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve (...) a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary. (shrink)

Darcy's law is a phenomenological relationship for fluid flow rate that finds one of its principle applications in hydrology. Theoretical hydrologists rely upon a multiplicity of conceptual models to carry out approximate derivations of Darcy's law. These derivations provide structural explanations of the law; they require the application of fundamental principles, such as conservation of momentum, to idealized models of the porous media within which the flow occurs. In practice, recognition of the idealized conditions incorporated into models facilitates the (...) empirical clarification of the domain within which the law remains accurate. Structural explanations also contribute to the physical interpretation of phenomenological parameters. (shrink)

International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither legal nor illegal (...) and who thereby slip through a discourse that claims universality. I ask, why does international legal discourse claim a universality of human rights enforceable by impartial, politically neutral tribunals when it also recognises that a state may refuse to recognise some groups as “persons”? I turn to the works of Bernhard Waldenfels for an explanation. To that end, I briefly outline two examples of state-centered human rights treaties. I then reconstruct Waldenfels’ explanation as to how a territorial sense of space needs an alien exterior to the space. The territorial structure assumes time is frozen as of the date of the foundation of the structure. The body of the alien is taken as a biological body. The personality, motives, and actions of the alien are the consequence of the imagination of people inside the territorial boundary. The dominant international legal discourse reinforces and institutionalises such a territorial sense of space and frozen time because the territorial state is considered the primary legal subject of international law. I also retrieve, however, an experiential but concealed sense of space and time. To retrieve this sense of space and time requires that lawyers see the world through the twilight of legality heretofore ignored as pre-legal. (shrink)

In this article I present the phenomenological tradition as a new grounding for human rights as universal rights. The hypothesis defended is to conciliate Husserl’s phenomenological method and Reinach’s a priori law in order to offer a new grounding to human rights. In order to combine Husserl and Reinach’s ideas, I propose to expand the comprehension of a priori. It would be present as eidos of each object and I name it as material a priori; it also be (...) present in the eidetic relations and I name it as formal a priori. Yet the object would have an essence, a necessary content, a material a priori, and necessary states of affairs, necessary relations and connections, a formal a priori. Reinach, in The A priori Foundations of the Civil Law, describes eidetic relations, such as, the relation between promise, claim and obligation. I propose three eidetic universalities to ground law, these are what I will call human rights. I also face a few difficulties presented by DuBois and De Vecchi derived from the amoral approach of a priori laws. Then, I highlight the difference between this proposition and Albert’s. Finally, I defend the proposition that a priori laws are beyond natural and positive laws. (shrink)

The nontechnical ability to identify or match argumentative structure seems to be an important reasoning skill. Instruments that have questions designed to measure this skill include major standardized tests for graduate school admission, for example, the United States-Canadian Law School Admission Test (LSAT), the Graduate Record Examinations (GRE), and the Graduate Management Admission Test (GMAT). Writers and reviewers of such tests need an appropriate foundation for developing such questions--they need a proper representation of phenomenological argumentative structure--for legitimacy, and because (...) these tests affect people's lives. This paper attempts to construct an adequate and appropriate representation of such structure, that is, the logical structure that an argument is perceived to have by mature reasoners, albeit ones who are untrained in logic. (shrink)

Nancy Cartwright’s arguments in favor of the phenomenological laws and against the fundamental ones are discussed. I support and strengthen her criticism of the standard covering-law account but I am skeptical in respect to her radical conclusion that the laws of physics lie. Arguments in favor of the opposite stance are based on V.S. Stepin’s analysis of mature theory structure. A mature theory-change model presented here demonstrates how the fundamental laws of physics can be confronted with (...) experience. Its case studies include the Lorentz-Einstein-Bohr transition and modern General Relativity and Quantum Field Theory unification. (shrink)

Hume once argued the basic science to be not physics but “the science of man” and the foundation of this science to be the empiricist mechanism of association governed by the law of similarity in appearance—now more popular than ever in the form of artificial neural networks. I update Hume’s picture by showing phenomenology to be centrally concerned with providing a unifying basis for all the sciences (including physics) by going beyond the psychology of associationism (passive synthesis) to reveal phenomena (...) that are irreducibly syntactic (not associative) in structure. I therefore argue that the language of thought (LOT) is the necessary mechanism at the basis of these descriptive phenomena. I conclude by sketching a new picture of all the sciences unified by LOT based on Husserl’s opposition to Galilean “physicomathematical” science vis-à-vis the life-world (Lebenswelt). (shrink)

The paper investigates the role played by ethical deliberation and ethical judgment in Wittgenstein's early thought in the light of twentieth?century German legal philosophy. In particular the theories of the phenomenologists Adolf Reinach, Wilhelm Schapp, and Gerhart Husserl are singled out, as resting on ontologies which are structurally similar to that of the Tractatus: in each case it is actual and possible Sachverhalte which constitute the prime ontological category. The study of the relationship between the states of affairs depicted, e.g., (...) in the sentences of a legal trial and prior fact?complexes to which these may correspond suggests one possible connecting link between the logical and ontological sections of the Tractatus and the ethical reflections appearing at the end. It is argued that the latter can best be understood in terms of the idea of a ?last judgment? (with its associated ethical rewards and punishments) which would relate to the world as a whole as a penal trial relates to individual complexes of facts. (shrink)

Meta-laws, including conservation laws, are laws about the form of more specific, phenomenological, laws. Lange distinguishes between meta-laws as coincidences, where the meta-law happens to hold because the more specific laws hold, and meta-laws as constraints to which subsumed laws must conform. He defends this distinction as a genuine metaphysical possibility, such that metaphysics alone ought not to rule one way or another, leaving it an open question for physics. Lange’s distinction (...) marks a genuine difference in how a given meta-law can be used in explanations. Yet, I argue, it is not simply an empirical matter as to whether a given conservation law is a constraint or a coincidence. There is no set matter of fact about the world that determines this, and physics alone will not be able to return a determinate verdict on a law-by-law basis, even while there is a genuine difference between any given law as constraint and as coincidence. Rather, the difference marks different ways of treating the same law in a theoretical setting: by shifting the explanatory context, treating the same law as part of a different mathematical structure, it can be a genuine constraint and a genuine coincidence. The difference between constraint and coincidence relates to the way in which we use a law in specific theoretical and explanatory settings. Because the same law can appear in multiple contexts, it can be used in these genuinely different ways, without itself ‘‘really’’ being either one or the other as some atomistic empirical fact. Conservation laws as constraints and conservation laws as coincidences are both genuine theoretical roles that the same law can play. I conclude by considering how this pragmatist construal of constraints versus coincidences reveals how two parts of Lange’s work in this section of the book are unexpectedly independent of one another. -/- . (shrink)

This text is a kind of sketch and presents some simple ideas. The aim of this article is to carry out a critical and reflexive analysis of Roman Ingarden's philosophy of responsibility. Being a member of the phenomenological current, Ingarden mainly studied the ontological bases or conditions of responsibility by identifying different situations of responsibility. In this paper situations of responsibility have been analysed in the semantic contexts in which the word "responsibility" appears. Legally, the prescriptive contexts of using (...) the word "responsibility" are particularly important since they are usually either ignored or inadequately separated from descriptive contexts. Roman Ingarden's views were supplemented by Alf Ross's aspects of responsibility. As a result, the elementary ways of understanding responsibility have been reconstructed; they are the basis for reflections on moral responsibility as well as legal responsibility. (shrink)

Special science generalizations admit of exceptions. Among the class of non-exceptionless special science generalizations, I distinguish minutis rectis generalizations from the more familiar category of ceteris paribus generalizations. I argue that the challenges involved in showing that mr generalizations can play the law role are underappreciated, and quite different from those involved in showing that cp generalizations can do so. I outline a strategy for meeting the challenges posed by mr generalizations.

Husserl holds the view that givenness through adumbrations (i.e. perspectival givenness) is an essential characteristic of the givenness of spatiotemporal things. He goes so far to say that we are dealing with an essential law. In this article I try to make sense of this claim. I am also dealing with a thought experiment that is designed to show that the givenness through adumbrations is just a consequence of our physiological make-up, a view that Husserl explicitly rejects. Amongst other things, (...) I defend Husserl by introducing the crucial distinction between first-person-imagination and third-person-imagination. (shrink)

Deleuze is prominent among those philosophers who pronounce that difference must be understood as ontologically prior to identity. He teaches that identity is a surface effect of difference, so to understand the basis of logico-mathematical idealities we must uncover their genesis in the fecundity of differentiation. Deleuze wants to offer a foundation of number and mathematics as a subversive, creative force, an affirmation of Nietzsche’s eternal return as the ‘roll of the dice’. But he begins too late. For Deleuze, virtual (...) intensities (Eternal Return) generate the logical , conceptual, theoretical, lawful principles for empirical domains, and then are held steady in the background, beyond the reach of the conceptual and logical patterns, which cancel them by freezing and isolating them. Applying Heidegger’s deconstruction of Nietzschean subjectivity to Deleuze’s project reveals intensities to function as subjective enframings of the species and parts that develop from them. Intensive processes posit , set in place and represent the qualities that steadily remain throughout the calculation of difference in degree. Deleuze does not appear to recognize that the iteration of extensive quantity is devoid of meaningful sense. His failure to make this distinction leads him to confuse mathematical with non-mathematical idealities and prevents him from locating the fundamental sense of extensive duration. What Husserl, and Heidegger after him, recognized is that numeration never counts anything but its own self-iteration, devoid of sense and meaning outside of the empty ‘same thing, different time’. To experience an object as meaningful beyond this ‘how much’ is to no longer attend to it as calculative, countable iteration, as persisting self-identical presence. What holds only for intensities in Deleuze’s understanding of the structure of time, that every change in degree is simultaneously a difference in kind, constitutes the irreducible, absolute essence of all duration. (shrink)

This study is about the Quality. Here I have dealt with the quality that differs significantly from the common understanding of quality /as determined quality/ that arise from the law of dialectics. This new quality is the quality of the quantity /quality of the quantitative changes/, noticed in philosophy by Plato as “quality of numbers”, and later developed by Hegel as “qualitative quantity. The difference between the known determined quality and qualitative quantity is evident in the exhibit form of these (...) two qualities. The exhibit form of the known determined quality from the law of dialectics /or it transformation/ is related with discreteness and abrupt changes. The exhibit form of the qualitative quantity /and it transformation/ is related with the continuity and gradual transition from one condition, to a different condition, without any abrupt changes. In my paper “Quality of the quantity”, I have argued that one of the most ancient implementation of quality of the number can be found in the dimensional mathematical model of point – line – surface – figure - introduced by Plato. The most whole presentation of the idea of quality of number in Plato is embeded in his teaching about the "eidical number". The quality of the quantity emerges as criteria for recognizing the difference between the eidical numbers and natural arithmetical number. The thesis concerning Plato is based on the The Unwritten Doctrine of Plato and one of the most original works in the history of philosophy written in the 20th century - “Arete bei Platon und Aristoteles” – “Arete in Plato and Aristotle” /Heidelberg 1959/ written by Hans Joachim Krämer. The new quality as the quality of the quantity /quality of the quantitative changes/, first noticed in philosophy by Plato as “quality of numbers” was developed in Hegel as “qualitative quantity”. Hegel proclaimed the Qualitative quantity, or Measure in the both of his Logics -The Science of Logic / the Greater Logic/ and The Lesser Logic/ Part One of the Encyclopedia of Philosophical Sciences: The Logic. In my paper I have offered the arguments that the concept of quality of the quantity should be enhanced with the adopted methodological approach of analogy with an implementation in the field of the Topology - Analysis Situs, developed by the Jules Henri Poincare. In the topology we could see homeomorphism as exhibit form of Quality on the Quantity. The explicit form of the quality of the quantity transformation is the continuous deformation – typically known in topology as homeomorphism. The concept of qualitative quantity is linked with the concept “structural stability” and nonequilibrum phase transition. The concept of structural stability is related with the topological homeomorphism. In his book “Synergetics: Introduction and Advanced Topics” /Springer, ISBN 3-540-40824/, in the Chapter 1.13. Qualitative Changes: General approach, p. 434-435, Hermann Haken explores and illustrate the structural stability with an example /figure 1.13, p.434/ given by of D'Arcy W. Thompson, the Scottish biologist, mathematician and classics scholar and pioneering mathematical biologist, Nobel Laureate in Medicine /1960/, the author of the book, On Growth and Form, /1917/. The quality of the quantity could be seen in the Herman Haken’s citation on the D'Arcy W. Thompson. My thesis is that the topological homeomorphism is the explicit form of the quality of the quantity transformation. The qualitative quantity change which becomes phenomenon, according to Émile Boutroux, is the subject of study in Cultural Phenomenology of Qualitative quantity. Our approach to this subject is Poincaré Model of the Subconscious Mind in Mathematics, which is the most suitable tool to unfold the arhetype of qualitative quantity. (shrink)

Kurt Gödel wrote (1964, p. 272), after he had read Husserl, that the notion of objectivity raises a question: “the question of the objective existence of the objects of mathematical intuition (which, incidentally, is an exact replica of the question of the objective existence of the outer world)”. This “exact replica” brings to mind the close analogy Husserl saw between our intuition of essences in Wesensschau and of physical objects in perception. What is it like to experience a mathematical proving (...) process? What is the ontological status of a mathematical proof? Can computer assisted provers output a proof? Taking a naturalized world account, I will assess the relationship between mathematics, the physical world and consciousness by introducing a significant conceptual distinction between proving and proof. I will propose that proving is a phenomenological conscious experience. This experience involves a combination of what Kurt Gödel called intuition, and what Husserl called intentionality. In contrast, proof is a function of that process — the mathematical phenomenon — that objectively self-presents a property in the world, and that results from a spatiotemporal unity being subject to the exact laws of nature. In this essay, I apply phenomenology to mathematical proving as a performance of consciousness, that is, a lived experience expressed and formalized in language, in which there is the possibility of formulating intersubjectively shareable meanings. (shrink)

Abstract:This article provides a novel interpretation of the so-called transition to self-consciousness in The Phenomenology of Spirit, where Hegel argues that the failure of the protagonist consciousness to formulate an understanding of the world in terms of forces and laws necessitates the shift to an investigation of its own self-conscious subjectivity. The author argues that we can make sense of the transition by attending to Hegel's account of the metaphysical structure of forces and laws, on the one hand, (...) and the structure of self-consciousness, on the other. Following this approach, she argues that the transition represents the realization by the protagonist consciousness that the object of phenomenological inquiry must be metaphysically self-determining (or "infinite," in Hegel's terminology). The standpoint of self-consciousness accordingly emerges because the protagonist consciousness takes itself qua subject to exhibit the requisite self-determining structure. In addition to making sense of the transition to self-consciousness, this line of argumentation illuminates Hegel's subsequent focus on the activity of "desire.". (shrink)

The aim of this dissertation is to convince you that time passes. It is commonly held that a belief in time’s passage is in conflict with relativistic physics and that our phenomenology as of passage is not sufficient reason for us to believe in it. I argue that both of these views are false. Along the way I offer a typology and critique of the existing accounts of passage. I offer my own view of passage, the process view, which requires (...) that we be relationalists about time. I make the case that there is strong reason to endorse relationalism. -/- In Chapter 1, I outline the most common positions in temporal ontology (presentism, eternalism, growing block theory, and the moving spotlight view), which are each committed to two theses: an ontological thesis about what exists, and a second thesis about whether the world is static or dynamic. I argue that the ontological theses are either trivial, not meaningful, or beg the question. I then try to recast the ontological theses in terms of truthmaking, which I argue also fails to generate a substantive dispute. I ultimately argue that the best way to salvage the debate over temporal ontology is to understand it as a debate about the second theses, that is, about whether or not time passes. -/- In Chapter 2, I turn to trying to spell out what temporal passage is supposed to be. I give a typology of the existing accounts of passage in the literature, and give some critique of each. I then try to offer my own account of what passage is: passage is to be identified with change, which is to be understood, not as the standard ‘at-at change’, but in terms of a primitive which I call process. Finally, I note that my account of passage requires relationalism to get off the ground. -/- In Chapter 3, I ask whether we should be substantivalists or relationalists about time, independent of our views on passage. I begin with an overview of the historical debate, focusing heavily on Newton, Leibniz, and the 20th century turn to considering “spacetime” as one entity (rather than treating space and time as two separate entities). I give an overview of the ways in which substantivalism and relationalism are characterized in contemporary debate, and show that it is more difficult than it seems at first pass to parse out what substantivalism is supposed to be. I offer three plausible versions of substantivalism, and characterize relationalism as the denial of all three. I then provide a critical discussion of five major arguments for or against substantivalism, and conclude that there is strong reason to accept relationalism. -/- In Chapter 4, I turn to the question of whether or not we should take our phenomenology as of passage seriously. The dynamic theorist demands an error theory from the static theorist: how is it that we experience temporal passage if there is no such thing? The most common static theorist response to the demand is to say that our experiences as of passage should be considered illusory, either as a cognitive-perceptual illusion akin to illusions of apparent motion, or as a consequence of our (false) view of ourselves as enduring selves against a changing background. I show that these accounts fail because they end up presupposing dynamicity in their quest to show that reality is static, because illusions require dynamicity to get off the ground. I then turn to another common static theorist response to the demand, which is to argue that the phenomenal reality of passage cannot (or should not) tell us anything about the physical reality of passage. One version of this move appeals to the absence of temporal passage in the formulations of the laws of physics; I show that this reasoning relies on an incorrect identification of passage with a privileged property of presentness. Another version argues that because our phenomenology is notoriously subject to a variety of interfering conditions, it is unreliable as a basis for theorizing. I respond that we do not require complete reliability from our evidence in order to use it to build a view, either in science or in philosophy. I conclude that we must take our phenomenology seriously after all, and that it gives us good reason for thinking that temporal passage is a real feature of the world. -/- In Chapter 5, I summarize the work I have done and try to tie up some loose ends by exploring consequences for ontology in light of the process view. I finish with a discussion of what we should do when science and philosophy seem to conflict. (shrink)

Margaret Gilbert’s work on sociality covers a wide range of topics, and as she puts it “addresses matters of great significance to several philosophical specialties – including ethics, epistemology, political philosophy, philosophy of science, and philosophy of law – and outside philosophy as well” (Gilbert 2013, p. 1). Herein I argue that Mark Greenberg’s recent call to eliminate the problem of legal normativity is well motivated. Further, I argue that Gilbert’s work on joint commitment, and more specifically obligations of joint (...) commitment, allows us to move beyond the problem of legal normativity while cashing out H.L.A. Hart’s thesis that moral and legal obligations are distinct. (shrink)

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

This paper attempts to look Francesco Gentile's concept of the Law under phenomenological point of view. Francesco Gentile (1936-2009) was full professor of Philosophy of Law at Padua University and Dean of School of Law; during his academic career, based on Roman Jurisprudentia and Christian message of Redemption, he developed a personal conception of law like "conversion the human conflict to interpersonal dispute". Then, in this paper, I want to observe this philosophical result, under biblical term "justification" connected to (...) Levinas' ethic, and I want to aim to revalue and exploit the problem of his systematic approach like a specific theory of Law. (shrink)

The philosophy of science community mourns the loss of Margaret Catherine Morrison, who passed away on January 9, 2021, after a long battle with cancer. Margie, as she was known to all who knew her, was highly regarded for her influential contributions to the philosophy of science, particularly her studies of the role of models and simulations in the natural and social sciences. These contributions made her a world-leading philosopher of science, instrumental in shifting philosophers' attention from the structure of (...) scientific theories to the practice of science. Her sophisticated studies of the function of models in scientific practice drew on detailed knowledge of the theories and experiments of physics as well as the history of physics. In emphasizing the autonomy of scientific models and their interventional character, her insights had some affinity with Cartwright's and Hacking’s views on phenomenological laws, entity realism, the instrumentalist interpretation of scientific theories, and the disunity of science. But Morrison’s approach was distinguished by the conviction that the existence of unobservable entities cannot be defended independently of the theories that support their evidence, and that scientific practice cannot be adequately understood without examining the reasons for theory unification. (shrink)

Attempts to ‘naturalize’ phenomenology challenge both traditional phenomenology and traditional approaches to cognitive science. They challenge Edmund Husserl’s rejection of naturalism and his attempt to establish phenomenology as a foundational transcendental discipline, and they challenge efforts to explain cognition through mainstream science. While appearing to be a retreat from the bold claims made for phenomenology, it is really its triumph. Naturalized phenomenology is spearheading a successful challenge to the heritage of Cartesian dualism. This converges with the reaction against Cartesian thought (...) within science itself. Descartes divided the universe between res cogitans, thinking substances, and res extensa, the mechanical world. The latter won with Newton and we have, in most of objective science since, literally lost our mind, hence our humanity. Despite Darwin, biologists remain children of Newton, and dream of a grand theory that is epistemologically complete and would allow lawful entailment of the evolution of the biosphere. This dream is no longer tenable. We now have to recognize that science and scientists are within and part of the world we are striving to comprehend, as proponents of endophysics have argued, and that physics, biology and mathematics have to be reconceived accordingly. Interpreting quantum mechanics from this perspective is shown to both illuminate conscious experience and reveal new paths for its further development. In biology we must now justify the use of the word “function”. As we shall see, we cannot prestate the ever new biological functions that arise and constitute the very phase space of evolution. Hence, we cannot mathematize the detailed becoming of the biosphere, nor write differential equations for functional variables we do not know ahead of time, nor integrate those equations, so no laws “entail” evolution. The dream of a grand theory fails. In place of entailing laws, a post-entailing law explanatory framework is proposed in which Actuals arise in evolution that constitute new boundary conditions that are enabling constraints that create new, typically unprestatable, Adjacent Possible opportunities for further evolution, in which new Actuals arise, in a persistent becoming. Evolution flows into a typically unprestatable succession of Adjacent Possibles. Given the concept of function, the concept of functional closure of an organism making a living in its world, becomes central. Implications for patterns in evolution include historical reconstruction, and statistical laws such as the distribution of extinction events, or species per genus, and the use of formal cause, not efficient cause, laws. (shrink)

The book's purpose is to provide readers with a comprehensive understanding of the interplay between physics and philosophy in the historical context of the 19th century. Through an elaborate examination of the influence of mechanistic philosophy, the evolution of ontology, and the emergence of energy, the author aims to explain the phenomenological laws of thermodynamics in the framework of the mechanical approach. Additionally, the book delves into the introduction of field theory and the beginning decline of the mechanical (...) approach. In essence, this book is a journey that takes you through the most significant milestones of the 19th century in the realm of physics. It illuminates a theoretical framework, i.e., critical rationalism, that facilitates examining the interaction between physics and metaphysics. With the unraveling of history and the preparation of philosophical thought, the book prepares the reader for the eventual abandonment of the 'ether' and paves the way for the birth of the theories of relativity and quantum mechanics. (shrink)

The paper follows the track of a previous paper “Natural cybernetics of time” in relation to history in a research of the ways to be mathematized regardless of being a descriptive humanitarian science withal investigating unique events and thus rejecting any repeatability. The pathway of classical experimental science to be mathematized gradually and smoothly by more and more relevant mathematical models seems to be inapplicable. Anyway quantum mechanics suggests another pathway for mathematization; considering the historical reality as dual or “complimentary” (...) to its model. The historical reality by itself can be seen as mathematical if one considers it in Hegel’s manner as a specific interpretation of the totality being in a permanent self-movement due to being just the totality, i.e. by means of the “speculative dialectics” of history, however realized as a theory both mathematical and empirical and thus falsifiable as by logical contradictions within itself as emprical discrepancies to facts. Not less, a Husserlian kind of “historical phenomenology” is possible along with Hegel’s historical dialectics sharing the postulate of the totality (and thus, that of transcendentalism). One would be to suggest the transcendental counterpart: an “eternal”, i.e. atemporal and aspatial history to the usual, descriptive temporal history, and equating the real course of history as with its alternative, actually happened branches of the regions of the world as with only imaginable, counterfactual histories. That universal and transcendental history is properly mathematical by itself, even in a neo-Pythagorean model. It is only represented on the temporal screen of the standard historiography as a discrete series of unique events. An analogy to the readings of the apparatus in quantum mechanics can be useful. Even more, that analogy is considered rigorously and logically as implied by the mathematical transcendental history and sharing with it the same quantity of information as an invariant to all possible alternative or counterfactual histories. One can involve the hypothetical external viewpoint to history (as if outside of history or from “God’s viewpoint to it), to which all alternative or counterfactual histories can be granted as a class of equivalence sharing the same information (i.e. the number choices, but realized in different sequence or adding redundant ones in each branch) being similar and even mathematically isomorphic to Feynman trajectories in quantum mechanics. Particularly, a fundamental law of mathematical history, the law of least choice of the real historical pathway is deducible from the same approach. Its counterpart in physics is the well-known and confirmed law of least action as far as the quantity of action corresponds equivocally to the quantity of information or that of number elementary historical choices. (shrink)

This paper discusses the thesis defended by Edith Stein that certain acts can be attributed to the State. According to Stein, the State is a social structure characterized by sovereignty. As such, it is responsible for the production, interpretation, and application of law. These tasks require the performance of acts, most of which are what Stein calls “social acts” like enactments and orders. For Stein, the acts in question are made by the organs of the State, but in the name (...) of the State, and are thus attributed to the State via a relation of representation. In the first section, the paper presents Stein’s thesis that the sovereignty of the State entails a series of legal prerogatives, which in turn result in various social acts being ascribed to the State through its representatives. In the second section, the paper critically discusses Stein’s views, notably her theory of representation, and her account of the nature of the State, while emphasizing its most interesting aspects, namely, its fine-grained analyses of the various acts that are attributed to the State. (shrink)

This book investigates law's interaction with practical reasons. What difference can legal requirements—e.g. traffic rules, tax laws, or work safety regulations—make to normative reasons relevant to our action? Do they give reasons for action that should be weighed among all other reasons? Or can they, instead, exclude and take the place of some other reasons? The book critically examines some of the existing answers and puts forward an alternative understanding of law's interaction with practical reasons. -/- At the outset, (...) two competing positions are pitted against each other: Joseph Raz's view that (legitimate) legal authorities have pre-emptive force, namely that they give reasons for action that exclude some other reasons; and an antithesis, according to which law-making institutions (even those that meet prerequisites of legitimacy) can at most provide us with reasons that compete in weight with opposing reasons for action. These two positions are examined from several perspectives, such as justified disobedience cases, law's conduct-guiding function in contexts of bounded rationality, and the phenomenology associated with authority. -/- It is found that, although each of the above positions offers insight into the conundrum at hand, both suffer from significant flaws. These observations form the basis on which an alternative position is put forward and defended. According to this position, the existence of a reasonably just and well-functioning legal system constitutes a reason that fits neither into a model of ordinary reasons for action nor into a pre-emptive paradigm—it constitutes a reason to adopt an (overridable) disposition that inclines its possessor towards compliance with the system's requirements. (shrink)

Despite its short historical moment in the sun, behaviorism has become something akin to a theoria non grata, a position that dare not be explicitly endorsed. The reasons for this are complex, of course, and they include sociological factors which we cannot consider here, but to put it briefly: many have doubted the ambition to establish law-like relationships between mental states and behavior that dispense with any sort of mentalistic or intentional idiom, judging that explanations of intelligent behavior require reference (...) to qualia and/or mental events. Today, when behaviorism is discussed at all, it is usually in a negative manner, either as an attempt to discredit an opponent’s view via a reductio, or by enabling a position to distinguish its identity and positive claims by reference to what it is (allegedly) not. In this paper, however, we argue that the ghost of behaviorism is present in influential, contemporary work in the field of embodied and enactive cognition, and even in aspects of the phenomenological tradition that these theorists draw on. Rather than take this to be a problem for these views as some have, we argue that once the behaviorist dimensions are clarified and distinguished from the straw-man version of the view, it is in fact an asset, one which will help with task of setting forth a scientifically reputable version of enactivism and/or philosophical behaviorism that is nonetheless not brain-centric but behavior-centric. While this is a bit like “the enemy of my enemy is my friend” strategy, as Shaun Gallagher notes (2019), with the shared enemy of behaviorism and enactivism being classical Cartesian views and/or orthodox cognitivism in its various guises, the task of this paper is to render this alliance philosophically plausible. Doi: 10.1007/s11229-019-02432-1. (shrink)

This article is about the information relevant to decision-making capacity in refusal of life-prolonging medical treatment cases. We examine the degree to which the phenomenology of the options available to the agent—what the relevant states of affairs will feel like for them—forms part of the capacity-relevant information in the law of England and Wales, and how this informational basis varies across adolescent and adult medical treatment cases. We identify an important doctrinal phenomenon. In the leading authorities, the courts appear to (...) count the first-personal phenomenology of the available options among the information that adolescents seeking to refuse life-prolonging treatment must understand and appreciate in order to possess capacity; adults are not held to this (higher) standard. We evaluate this differential treatment in light of philosophical work on transformative choice—decisions involving options whose sensory character, and effect on our values and preferences, are grasped only through experience itself. (shrink)

From The Cone of Perception, volume one of my collected works, you will remember that one of the main topics in that work was V-Curvature, also called, "phenomenological velocity." In that work, although a solution to the v - curvature variable was provided as well as many graphs that yielded numerous jewels of spiral formulations in exquisite 3D color formations, that method by which the solution was found was not iterated. This chapter begins by showing how it is possible (...) to solve for something that ideally ought cancel out with itself and how, although commutation between square roots is valid, there may be room here for an alternate route of accessing a hidden dimension - that dimension we call V-Curvature, or, "Phenomenological Velocity." Herein is provided the pathway for solving for V-Curvature in terms of Csc, which can be translated into Sin and Cos functionality. Furthermore, the processing these equations through WolframAlpha yielded other insights into limits, roots, and series that logically follow. How did the solutions to the, "velocity," v - variable curvature in the Lorentz coefficient, "manifest," when the Lorentz coefficient ought cancel out with itself? The step - by - step solution below illustrates the algebraic process by which a specific solution for something that ought cancel out with itself can be found. The Sphere of Realization is a groundbreaking work of philosophical and mathematical theory. The first volume of this epic collection examines the concept of V-Curvature, or Phenomenological Velocity, using algebraic equations to explain how this phenomenon can be solved. This book goes on to explore the implications of these equations, such as limits, roots, series, and introspection into infinity, providing an alternate route for accessing a 'hidden dimension' that connects physical laws with abstract philosophical ideas. By utilizing this understanding, the author creates a platform for introspection into life and nature, and considers the philosophical implications of this perception, from the exploration of the infinity of angles to theions of time, velocity, the emergence of real numbers, and the meanings of eternity, forever, infinity, and never ending. This landmark work of mathematical exploration and philosophical discovery will challenge and expand our understanding of the universe, and invite us into a journey of introspection and understanding. An exploration of the esoteric terms therein, and the pathways they provide to access new modes of thought, will give the reader the ability to gain a greater insight into the intricacies of reality. The Sphere of Realization provides a unique and comprehensive approach to a difficult concept. Through a blend of philosophical and mathematical exploration, the author delves into the concept of V-Curvature, or Phenomenological Velocity to unlock the mysteries of "hidden dimensions" within our reality. These equations and theories allow the reader to explore angles, time, velocity, roots, series, and other related concepts. In so doing, the book offers an exciting journey into the esoteric. The author also provides insights into the emergence of real numbers from infinity, introducing concepts such as eternity, forever, and never ending in the process. A comprehensive discussion of the applicable equations and transformations, immune to the construct of time, serves as a powerful tool for unlocking a meaningful understanding of the universe. The Sphere of Realization is an opportunity to gain a deeper appreciation of the reality of our world. (shrink)

The last decade has witnessed the beginnings of a remarkable convergence of Husserlian phenonenology and analytic philosophy of language, and the present volumes provide original and important texts of the phenomenological philosophy of language. Powerfully influenced by the writings of the early Husserl, Reinach fashioned Husserl’s ideas into a rigorous analytical methodology of his own, which he applied in particular to problems in logic and the theory of knowledge, and to the philosophies of law and psychology. The central role (...) of the concept of state of affairs in Reinach’s philosophy will bring to mind immediately the formal ontology of Wittgenstein’s Tractatus. Reinach’s most significant contribution, however, is contained in his The a priori foundations of civil law (1913), above all in the detailed analysis of the a priori structure of the act of promising. This amounts to an elaborate phenomenological theory of speech acts which anticipates, and in some respects goes beyond, the later theories of Austin and Searle. The present edition is in two volumes. Volume 1, which includes a biographical and thematic introduction by the editors, contains critical editions of those pieces published by Reinach himself. Volume II is a collection of all those items in Reinach’s surviving Nachlass which are in publishable form, including a number of important pieces not hitherto obtainable on such themes as ethical predicates, speech acts (“soziale Akte”), perception and the theory of number, together with a comprehensive sketch of the problems in the theory of knowledge, logic and ethics. Appended to this is a text-critical apparatus which also contains extensive discussions of the origins and sources of the materials in question. (shrink)

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

In the present article, we are faced with two phenomenological philosophers who, in two different intellectual traditions, namely philosophical hermeneutics and moral phenomenology, have referred to the concept of the Other as the fundamental possibility of the individual. The other, as an ontological and common concept in the thought of Gadamer and Levinas, is the turning point of the condition for the possibility of understanding and ethics. Focusing on the concept of the other, while addressing the points of difference (...) and commonality between Gadamer and Levinas, this article will show that Levinas’s preoccupation with the other as a philosopher refers to the foundations of ethics, and the condition for the possibility of foundations of ethics is encountering the other. In Gadamer, the turning point is the determination of the possibilities of understanding in dialectical and dialogue-oriented relationships. Without the other, in Levinas’s thought, ethics, and moral matter, and in Gadamer’s thought, the process of understanding will not occur in the form of a fusion of horizons. Therefore, this article shows that the other is a common concept between these two philosophers, which both of them cannot avoid in their philosophical analyses of ethics or the process of understanding. Introduction The analysis of ethics is one of the important and innovative achievements of Levinas’s philosophical intellectual structure. Levinas’s concern is to refer to the foundations of morality itself, regardless of institutionalizing the moral in the form of law, and the foundation of morality is in face-to-face relationships with others. Regardless of Levinas’s plan about the concept of the other, Gadamer imagines the determination of understanding in a new way in the face of the other. The other is the comprehensible strain in philosophical hermeneutics, in such a way that the process of understanding is formed by the presence of the other and the face-to-face encounter with it. According to Gadamer, the other is the factor of openness in the process of understanding. The fusion of horizons is the product of openness and mutual encounters in dialogue, which is not possible without the other. The other is the condition of determining the possibility of understanding in each of the parties who are allowed to reveal a part of their being and allow the other to open up and talk. In fact, understanding is a kind of event that is revealed in a two-way conversation in an event-like way. This type of understanding depends on the presence of another. The main focus of the research is the analysis of the concept of the other, which has been done with emphasis on two important works: Truth and method, Totality and infinity. Body & discussion In general, the process of understanding is a dialogical process, whether the other side of the conversation is a text or a person, the foundation of understanding is formed in a relationship with the other. Determining the other as an independent personality and a different perspective is an ontological determination. The other thinks and becomes meaningful beyond the subject or object and even beyond my intellectual position, it belongs to its own independent world and its own experience. In conversation, it plays a significant role in the production of truth. Openness provides the possibility of dialogue and mutual agreement. In dialogue, the final product is not reproduced. The other condition for the production of the final product is dialogue According to Gadamer, facing the other is facing his world. At the moment of facing me, the other makes his abstract aspects concrete and opens his lived experience to me. He believes that the question-and-answer process is a kind of encounter with the world of experience and openness toward it. According to Gadamer, the process of understanding is the result of dialectical-hermeneutic relations between me (the interpreter) and you (the other). The dialogical relationships that allow each other to enter the other’s history are relationships that are formed based on questions and answers. From Gadamer’s point of view, questions and answers are the opening of a new horizon based on tradition and contemporary history. Levinas phenomenologically refers to the philosophical tradition of the West to reread the process of the formation of the concept of the other. Many commentators and interpreters of Levinas’s works believe that it is possible to determine the foundations of ethics from Levinas’s point of view from face-to-face relationships. The condition for the possibility of morality is to pay attention to others. To describe another concept, Levinas analyzes the negative and positive aspects of this concept. In a negative way, Levinas first answers what the other is not, and for this reason, he criticizes the history of Western metaphysics and the criticism of Husserl and Heidegger’s phenomenology. Positively, the other is relative to me and different from me. The other is beyond subject and object. The other is not subjugated by any concept and recognizes its independent identity. The other and the encounter with him are the conditions for determining fundamental ethics from Levinas’s point of view. Another condition of concreteness refers to another person. According to Levinas, it is the condition for the formation of moral form. He believes that ethics is a kind of double encounter in the context of bilateral relations. Many moral concepts are formed in relation to a concrete other. In Levinas’s genealogy of ethics, we are faced with the presence of the other in a concrete way and with the subjectivity of the subject in an abstract and a priori way. Levinas specifies two approaches with the description of the other in the form of an infinite idea. First of all, there is an infinite gap between the other and the same. This issue shows its foreignness and otherness, its independence, and being true to its essence towards me. Second, it is the determination of another in a concrete or abstract form, which in both cases evokes an identity independent of me. Conclusion According to the explanations of the concept of the other in the thought of Gadamer and Levinas, we are faced with two phenomenological philosophers who have paid attention to the ontological aspects of the concept of the other in the fields of philosophical hermeneutics and ethics. In Gadamer’s thought, the other is an ontologically dialectical relationship between I-Thou and the starting point of the conversation process. The fusion of horizons is the turning point of the formation of the relation to the other, which is manifested in another area. The other has its own history, world, tradition, and authority, regardless of the formation of dialogical relationships, and has an independent identity. The other is allowed to share his lived experience in the conversation. The other creates new worlds. The other has opened himself and in return can be self-interpreting and self-revealing. Regardless, the other is the consistency of the complex relationship between language and the world. This form of bilateral relations, which is manifested in the presence of another, is a linguistic form that is the cause of a deep connection between language and the world. The other, whether concrete or abstract, is the turning point of our connection with the world in an ontological way. Regardless of Gadamer’s point of view, Levinas returns to another concept in his new thought project entitled “How to determine the possibilities of ethics.” According to Levinas, finding the foundations of ethics and determining the condition of moral possibilities is in facing the other and in face-to-face relationships. The other is concretely a kind of bilateral encounter which is the basis of many moral events and is manifested abstractly in the form of the subject’s subjectivity. This kind of infinite aspect of the other is revealed in subjectivity is implied in sense. Encountering another in an abstract form within itself is the encounter of the subject’s subjectivity with the sense, and the sense is in the encounter with the other. Sense is the basis of the subjectivity of the subject. Sense is a kind of concrete and visual face-to-face encounter that adds to the importance of determining another. Therefore, both Gadamer and Levinas raise many possibilities about the concept of the other, which shows the importance of this concept in the Western philosophical tradition. (shrink)

This paper is my commentary on Raymond Tallis’ book Freedom: An Impossible Reality (2021). Tallis argues that the laws described by science are dependent on human agency which extracts them from nature. Consequently, human agency cannot be explained as an effect of natural laws. I agree with Tallis’ main argument and I appreciate that he helps us understand the systematic importance of a human-scale breadth of view regarding any theoretical investigation. In the main part of the paper, I (...) critically comment on Tallis’ interpretation of several more loosely associated topics from a phenomenological perspective. Firstly, I reconsider Tallis’ account of intentionality as a factor that opens a distance between the cognizer and the world. Whereas Tallis emphasizes that agency requisitions aspects of the world to achieve its goals, I point out that agency does not determine the meaning of things unidirectionally and independently of all context. A self-controlled agency is provisionally reached through a process of ‘deindexicalization’ of our passive intentional capacities, that is, by creating and maintaining new, different worldly contexts. Subsequently, I analyze Tallis’ description of our intentional relation to spatiotemporally distant possibilities. In my view, Tallis underestimates the extent to which our intentional relation to possibilities is pre-reflexive and pre-predicative and hence independent of propositional attitudes. Finally, I consider Tallis’ interpretation of nature and show that it is deeply influenced by the sciences of nature. In contrast, I argue that agency can be properly described only if we understand it as an intervention in a lifeworld already imbued with sense, not merely a physical or material nature. (shrink)

Ruminations is a collection of sundry notes and essays on Logic. These complement and enrich the author’s past writings, further analyzing or reviewing certain issues. Among the many topics covered are: the importance of the laws of thought, and how they are applied using the logic of paradox; details of formal logic, including some important new insights on the nesting, merger and splitting up of hypothetical propositions; details of causal logic, including analogical reasoning from cause to cause; a cutting-edge (...) phenomenological analysis of negation. Additionally, this volume is used to publish a number of notes and essays previously only posted in his Internet site, including a history of Jewish logic and an analysis of Islamic logic. (shrink)

After 41 years from the approval of the first living will law in 1976 in California, on December 22nd 2017 the bill on “Rules on in- formed consent and advance directives” has been approved in Italy. The applicability of the law highlights a lack of a univocal methodol- ogy regarding the recovery process of the patient’s subjective dimension under a testamentary will; so, it seemed useful to highlight the passages that occur between the drafting and the use of an advance (...) directive in an existential phenomenological prospective. Is the individual who freely drafts an A.D., choosing to decide now for the future, the same per- son for which the provisions were outlined? The goal of this paper is to offer an ethical reading of the ontological issue that illness can raises. (shrink)

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

This essay claims that a rupture between two languages permeates human rights discourse in contemporary Anglo-American legal thought. Human rights law is no exception. The one language is written in the sense that a signifying relation inscribed by institutional authors represents concepts. Theories of law have shared such a preoccupation with concepts. Legal rules, doctrines, principles, rights and duties exemplify legal concepts. One is mindful of the dominant tradition of Anglo-American conceptual jurisprudence in this regard. Words have been thought to (...) copy ready-made concepts. Acts of intellectualisation and the accompanying analytic technique have excluded a consideration of a very different sense of legal language. The second sense of a language concentrates upon unwritten acts of meaning which lack a discrete and assignable author. This essay aims to unconceal the importance of an unauthored language. Drawing from Edmund Husserl’s early writings, particularly his Logical Investigations, I shall argue that an unwritten language embodies the written language with acts of meaning. An act of meaning confers one’s experiential body into the content of a concept signified in a written language. In order to understand the importance of such pre-legal acts of meaning in human rights laws, I begin by outlining how universal human rights have been signified as universal by virtue of their content-independence. I then raise the problem of the exclusion of social-cultural phenomena as elements of human rights laws. The clue to this exclusionary character of human rights law rests in the analytic leap from an unwritten to a written legal language. The essay then addresses the effort to link legality with the social world: namely, the effort of grounding legality in a social convention. I examine how a social convention itself is conceptualized, leaving the remainder of acts of meaning. This failure of social conventions to access social-cultural phenomena encourages me to turn to acts of meaning as such acts were understood by Edmund Husserl in his earlier works. Meaning-constituting acts exist prior to intuitions and prior to social conventions. This priority exists analytically as well as phenomenologically. In order to exemplify this prior character of acts of meaning, I retrieve Antigone’s experiential knowledge in Sophocles’ Antigone. Antigone’s unwritten laws are characterized by an absence of mediating concepts. I then identify several elements of an act of meaning in an unwritten language: the experiential body as the source of the acts of meaning, praeiudicia (prejudgements), collective memories, the act character of meaning, and the act of interpretation of social behaviour. My final section raises the prospect of whether human rights can be considered universal if acts of meaning are that important in the identity of a law. (shrink)

Hegel believed the Antigone tragedy not only revealed the national spirit of ancient Greece but was indeed the greatest artwork of all time. displaying the “Logic of History”, was the critical role Antigone tragedy played in the phenomenology of spirit from the standpoint of Hegel. This article will attempt to answer how Hegel reads Antigone's tragedy and how he observes the “Logic of History” in it. Ancient Greek society, In Hegel’s point of view, has constantly been the symbol of “unity (...) of life”. however, Hegel believes that at certain times in history, this unity of ethical life and its state of joy in Greece has been destroyed. Since Hegel believes literary works have historical-cultural implications and considers art and literature as the first medium by which the spirit becomes self-conscious, in the section “True Spirit, ethical Life” from the book Phenomenology of Spirit, he describes the fall of the ethical life of Greek society by reading of the Antigone tragedy. What Hegel understood from the Antigone tragedy was a series of painful conflicts that ensued as a consequence of a contradiction between ethical powers within Greek society. powers that had heretofore been in unreflected unity, but now that their contradictions revealed, the ethical life of society collapsed and the spirit moved to a more rational and liberated stage. These stages are in fact very much the irreversible final course of history toward achieving freedom. (shrink)

In this work Husserl makes the distinction between expressions and indications that Derrida will later plant the bomb of Husserl's own Phenomenology of Internal Time Consciousness underneath it in order to undermine the dream for presence and inaugurate Deconstruction. Logic, as Husserl sees it, is concerned in the first place with meanings (propositions, concepts) and with associated meaning-instantiating acts. Most importantly, it is concerned with that sort of deductively closed collection of meanings which constitutes a scientific theory. For Husserl, as (...) for Bolzano, logic is a theory of science. Only where we have an appropriate unity and organization also on the side of the objects (states of affairs, properties) to which the relevant acts refer, however, will we have a scientific theory, so that the unity which is characteristic of the latter must involve both (1) an interconnection of truths (or of propositional meanings in general), and (2) an interconnection of the things to which these truths (and the associated cognitive acts) are directed. Where formal logic relates in the first place to meaning categories such as proposition, concept, subject and predicate, its sister discipline of formal ontology relates to object categories such as object and property, relation and relatum, manifold, part, whole, state of affairs, existence and so on. Logic in a broader sense therefore seeks to delimit the concepts which belong to the idea of a unity of theory in relation to both meanings and objects, and the truths of logic are all the necessary truths relating to those categories of constituents, on the side of both meanings and objects, from out of which science as such is necessarily constituted (including what we might think of as bridge-categories such as identity and truth which span the division between meanings and objects). The best way to deal with Husserl's theory of formal ontology, therefore, is to explicate both the connections between the formal and material, and those between the ontological and the logical. In introducing his distinction between formal and material ontology, Husserl asserts that the former is descriptive and involves analytic a priori judgements, and that the latter involves synthetic a priori judgements. In its most general sense formal ontology concerns itself with characterizing the simple 'something'. The sphere of material ontology in this sense are the laws of non-independence (2) which delimit the ontological regions. For the genetic interpretation, material ontology precedes formal ontology; for the descriptive interpretation it is the other way round (1913, art. 10). Here emerges 'the fundamental distinction between formal and material ontology': namely, the distinction between analytic a priori and synthetic a priori (Introduction to Formale und transzendentale Logik, 1929). (shrink)

This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range of epistemological (...) difficulties. The implications of these difficulties are then reviewed for method and normativity in practical reason. A topology of normativity emerges nearer the end of the paper, followed by a brief examination of how certain normative categories must satisfy distinct burdens of proof. (shrink)

Philosophy and Phenomenological Research, EarlyView.

In the chapter Spirit of the book "Phenomenology of spirit" in a section called "True spirit, ethical Life", Hegel looks into the happy state of "ethical life" in Greece. The concept of ethical life is a very crucial concept because it formulates Hegel's fundamental political and social ideal, which is to establish synthesis between the community and the individual. In this research, we study the ethical life of people who are unreasonably immersed in the customs and laws of a (...) certain society. In the following, we see that this world is divided and the unity of laws in it is shaken. For this reason, Hegel discusses the literary genres of epic and tragedy in order to show that in them, a person progressively becomes himself and becomes aware of his individual character. Hegel destroys his primitive ethical substance dialectically through essential conflicts, with forced actions and untangling choices of people with will and as a result people are deprived of their social identities. In this dialectical process, the "living unity" of the polis is fragmented and becomes a mass of separate atoms. (shrink)

This chapter advances a twofold analytical strategy. Firstly, an extrapolation of the legal method, i.e. the application of general rules to particular cases, into a general tool for both description and problem solving. Secondly, through the integration of the legal method with a phenomenological approach for the study of social worlds. This provides the basis for an integrated approach potentially deployable in relation to all social phenomena at the micro, meso and macro levels. This makes it an alternative to (...) the methodology of the social sciences, i.e. economics, political economy, political science and sociology. The social sciences have become characterized by hyper formalistic and opaque modelling and simplistic assumptions resulting in a structural incapacity of scholarly innovation with the consequence that they are incapable of answering ‘big questions’ and lacks the ability to reflect critically upon the basic structure of society and core assumptions about the composition of the social world. (shrink)

Husserl’s early picture of explanation in the sciences has never been completely provided. This lack represents an oversight, which we here redress. In contrast to currently accepted interpretations, we demonstrate that Husserl does not adhere to the much maligned deductive-nomological (DN) model of scientific explanation. Instead, via a close reading of early Husserlian texts, we reveal that he presents a unificationist account of scientific explanation. By doing so, we disclose that Husserl’s philosophy of scientific explanation is no mere anachronism. It (...) is, instead, tenable and relevant. We discuss how Husserl and other contemporary thinkers draw theoretical inspiration from the same source—namely, Bernard Bolzano. Husserl’s theory of scientific explanation shares a common language and discusses the same themes as, for example, Phillip Kitcher and Kit Fine. To advance our novel reading, we discuss Husserl’s investigations of grounding, inter-lawful explanation, intra-mathematical explanation, and scientific unification. (shrink)

The thrust of this paper addresses how the notion of an author relates to the authority of a law. Drawing from the legal thought of Hobbes, Bentham, and John Austin, the Paper offers a sense of the author as a distinct institutional source of the state. The Paper then addresses the more difficult legal theories in this context: those of HLA Hart, Ronald Dworkin and Hans Kelsen. The clue to the latter as well as the earlier theorists is a presupposed (...) inaccessible author or ghost. The presupposed ghost of the law is crucial to the binding character of a law. (shrink)