"Modern History" versions of the etiological theory claim that in order for a trait X to have the proper function F, individuals with X must have been recently favored by natural selection for doing F (Godfrey-Smith 1994; Griffiths 1992, 1993). For many traits with prototypical proper functions, however, such recent selection may not have occurred: traits may have been maintained due to lack of variation or due to selection for other effects. I examine this flaw in Modern (...) History accounts and offer an alternative etiological theory, the Continuing Usefulness account, which appears to avoid such problems. (shrink)

In this paper, I argue that what counts as the proper function of a trait is a matter of the de facto perspective that the biological system, itself, possesses on what counts as proper functioning for that trait. Unlike non-perspectival accounts, internal perspectivalism does not succumb to generality problems. But unlike external perspectivalism, internal perspectivalism can provide a fully naturalistic, mind-independent grounding of proper function and natural norms. The attribution of perspectives to biological systems is (...) intended to be neither metaphorical nor anthropomorphic: I do not mean to imply that such systems thereby must possess agency, cognition, intentions, concepts, or mental or psychological states. Instead, such systems provide the grounding for norms of performance when they internally enforce their own standard of (i.e., their own perspective on) what constitutes proper functioning or malfunctioning. By operating with a fixed, determinate level of generality, such systems provide the basis for an account of proper function that is immune to generality problems. (shrink)

Alvin Plantinga’s Warrant and Proper Function gives two major definitions of warrant. One states that reliable cognitive faculties aimed at true belief and functioning properly in the right environment are necessary and sufficient for warrant; the other definition only states that they are necessary. The latter definition is the more important one. There are different kinds of knowledge, and justification is necessary for some beliefs to be warranted. Even a belief warranted by proper function can receive (...) a higher degree of warrant by justification. This implies that natural theology has a useful role within the contours of a Plantingian epistemology. (Please note that the pagination here does not match the pagination in the published edition.). (shrink)

Among psychiatric conditions, delusions have received significant attention in the philosophical literature. This is partly due to the fact that many delusions are bizarre, and their contents interesting in and of themselves. But the disproportionate attention is also due to the notion that by studying what happens when perception, cognition, and belief go wrong, we can better understand what happens when these go right. In this paper, I attend to delusions for the second reason—by evaluating the epistemology of delusions, we (...) can better understand the epistemology of ordinary belief. More specifically, given recent advancements in our understanding of how delusions are formed, the epistemology of delusions motivates a proper functionalist account of the justification of belief. Proper functionalist accounts of the justification of belief hold that whether a belief is justified is partly determined by whether the system that produces the belief is functioning properly. (shrink)

The survival enhancing propensity (SEP) account has a crucial role to play in the analysis of proper function. However, a central feature of the account, its specification of the proper environment to which functions are relativized, is seriously underdeveloped. In this paper, I argue that existent accounts of proper environment fail because they either allow too many or too few characters to count as proper functions. While SEP accounts retain their promise, they are unworkable because (...) of their inability to specify this important feature. However, I suggest that this problem can be overcome by the application of a new strategy for specifying proper environment that is grounded in the operation of natural selection and I conclude by offering a first approximation of such an account. (shrink)

Comments on Karen Neander's A Mark of the Mental.

Numerous research groups are now utilizing Basic Formal Ontology as an upper-level framework to assist in the organization and integration of biomedical information. This paper provides elucidation of the three existing BFO subcategories of realizable entity, namely function, role, and disposition. It proposes one further sub-category of tendency, and considers the merits of recognizing two sub-categories of function for domain ontologies, namely, artifactual and biological function. The motivation is to help advance the coherent ontological treatment of functions, (...) roles, and dispositions, to help provide the potential for more detailed classification, and to shed light on BFO’s general make-up and use. (shrink)

According to proper functionalist theories of warrant, a belief is warranted only if it is formed by cognitive faculties that are properly functioning according to a good, truth-aimed design plan, one that is often thought to be specified either by intentional design or by natural selection. A formidable challenge to proper functionalist theories is the Swampman objection, according to which there are scenarios involving creatures who have warranted beliefs but whose cognitive faculties are not properly functioning, or are (...) poorly designed, or are not aimed at truth. In this paper, we draw lessons from cognitive science in order to develop a novel argument for the conclusion that the Swampman objection fails against proper functionalist theories of warrant. Our argument not only shows that the underlying, central intuition motivating Swampman-like scenarios is false but also motivates proper function as a necessary condition for warrant, thereby lending support to the claim that any theory of knowledge that lacks a proper function requirement is false. (shrink)

There is a fairly general consensus that names are Millian (or Russellian) genuine terms, that is, are singular terms whose sole semantic function is to introduce a referent into the propositions expressed by sentences containing the term. This answers the question as to what sort of proposition is expressed by use of sentences containing names. But there is a second serious semantic problem about proper names, that of how the referents of proper names are determined. This is (...) the question that I will discuss in this paper. Various views consistent with Millianism have been proposed as to how the semantic referents of proper names are determined. These views can be classified into (1) description theories and (2) causal theories, but they can also be classified into (3) social practice theories, on which a name’s referent is determined by a social practice involving the referent, and (4) individualistic theories, on which the referent of the use of a name is determined by the speaker’s state of mind. Here I argue against social practice theories of the sorts proposed by Kripke and Evans and in favor of an individualistic approach to name reference. I argue that social practice is irrelevant to determining name reference and that, as a consequence, names have no meanings in natural languages. In the second part of the paper I motivate and propose a new form of individualistic theory which incorporates features of both description theories and Evans’s social practice theory. (shrink)

A proper function of an entity is a beneficial effect that helps explain the persistence of the entity. Proper functions thereby arise through feedback mechanisms with beneficial effects as inputs and persistence as outputs. We continue to make assertions because they benefit speakers by benefiting speakers. Hearers benefit from true information. Speakers benefit by influencing hearer belief. If hearers do not benefit, they will not form beliefs in response to assertions. Speakers can then only maintain influence by (...) providing true information, often enough. The function of assertion is then inducing true hearer belief. When interests conflict, however, some mechanism must ensure that speakers provide true information often enough, instead of deceiving, or providing information regardless of quality. In humans, a core mechanism stabilizing true assertion involves social norms for truth telling. We tell the truth partly because we prescribe and enforce telling the truth. (shrink)

In the region where some cat sits, there are many very cat-like items that are proper parts of the cat (or otherwise mereologically overlap the cat) , but which we are inclined to think are not themselves cats, e.g. all of Tibbles minus the tail. The question is, how can something be so cat-like without itself being a cat. Some have tried to answer this “Problem of the Many” (a problem that arises for many different kinds of things we (...) regularly encounter, including desks, persons, rocks, and clouds) by relying on a mereological maximality principle, according to which, something cannot be a member of a kind K if it is a large proper part of, or otherwise greatly mereologically overlaps, a K. It has been shown, however, that a maximality constraint of this type, i.e. one that restricts mereological overlap, is open to strong objections. Inspired by the insights of, especially, Sutton and Madden, I develop a type of functional-maximality principle that avoids these objections (and has other merits), and thereby provides a better answer to the Problem of the Many. (shrink)

This paper argues for the general proper functionalist view that epistemic warrant consists in the normal functioning of the belief-forming process when the process has forming true beliefs reliably as an etiological function. Such a process is reliable in normal conditions when functioning normally. This paper applies this view to so-called testimony-based beliefs. It argues that when a hearer forms a comprehension-based belief that P (a belief based on taking another to have asserted that P) through the exercise (...) of a reliable competence to comprehend and filter assertive speech acts, then the hearer's belief is prima facie warranted. The paper discusses the psychology of comprehension, the function of assertion, and the evolution of filtering mechanisms, especially coherence checking. (shrink)

In Nicomachean Ethics 1. 7, Aristotle gives a definition of the human good, and he does so by means of the “ ergon argument.” I clear the way for a new interpretation of this argument by arguing that Aristotle does not think that the ergon of something is always the proper activity of that thing. Though he has a single concept of an ergon, Aristotle identifies the ergon of an X as an activity in some cases but a product (...) in others, depending on the sort of thing the X is—for while the ergon of the eye is seeing, the ergon of a sculptor is a sculpture. This alternative interpretation of Aristotle’s concept of an ergon allows the key explanatory middle term of the ergon argument to be what, I argue, it ought to be: “the best achievement of a human.”. (shrink)

The title of this article is ambiguous in the sense that it may direct the attention to either theism as a system of beliefs of persons who are referring to particular facts that serve as external grounds for the foundation of theist beliefs or to theism as a system of beliefs of persons who are convinced of theism’s truth on grounds that are intrinsic to their belief . Traces of both conceptions of theism can be found in Alvin Plantinga’s thesis (...) of the ‘proper basicality’ of religious belief, for instance in the distinction between evidence of the ‘on the basis of …’- type and evidence of the ‘inclination’- type. However, these two types of evidence do only lead to doxastic experience. In order to be warranted with respect to a particular knowledge claim, beliefs must be produced by noetic capacities that function properly, i.e. according to their design plan and in contexts that are appropriate to these capacities. This externalist epistemology exerts its greatest power in the criticism of the ‘evidentialist objection to belief in God’. However, it raises a number of objections with respect to its positive account of theism. When every community of thinkers creates its own relevant set of examples in order to establish criteria of proper basicality, does this not lead to skepticism? And, can doxastic experience not be honoured as a proper response to being called by divine discourse and, correspondingly, be seen as the relational foundation of theist belief? (shrink)

When the environment in which an organism lives deviates in some essential way from that to which it is adapted, this is described as “evolutionary mismatch,” or “evolutionary novelty.” The notion of mismatch plays an important role, explicitly or implicitly, in evolution-informed cognitive psychology, clinical psychology, and medicine. The evolutionary novelty of our contemporary environment is thought to have significant implications for our health and well-being. However, scientists have generally been working without a clear definition of mismatch. This paper defines (...) mismatch as deviations in the environment that render biological traits unable, or impaired in their ability, to produce their selected effects. The machinery developed by Millikan in connection with her account of proper function, and with her related teleosemantic account of representation, is used to identify four major types, and several subtypes, of evolutionary mismatch. While the taxonomy offered here does not in itself resolve any scientific debates, the hope is that it can be used to better formulate empirical hypotheses concerning the effects of mismatch. To illustrate, it is used to show that the controversial hypothesis that general intelligence evolved as an adaptation to handle evolutionary novelty can, contra some critics, be formulated in a conceptually coherent way. (shrink)

I develop an interdisciplinary framework for understanding the nature of agents and agency that is compatible with recent developments in the metaphysics of science and that also does justice to the mechanistic and normative characteristics of agents and agency as they are understood in moral philosophy, social psychology, neuroscience, robotics, and economics. The framework I develop is internal perspectivalist. That is to say, it counts agents as real in a perspective-dependent way, but not in a way that depends on an (...) external perspective. Whether or not something counts as an agent depends on whether it is able to have a certain kind of perspective. My approach differs from many others by treating possession of a perspective as more basic than the possession of agency, representational content/vehicles, cognition, intentions, goals, concepts, or mental or psychological states; these latter capabilities require the former, not the other way around. I explain what it means for a system to be able to have a perspective at all, beginning with simple cases in biology, and show how self-contained normative perspectives about proper function and control can emerge from mechanisms with relatively simple dynamics. I then describe how increasingly complex control architectures can become organized that allow for more complex perspectives that approach agency. Next, I provide my own account of the kind of perspective that is necessary for agency itself, the goal being to provide a reference against which other accounts can be compared. Finally, I introduce a crucial distinction that is necessary for understanding human agency: that between inclinational and committal agency, and venture a hypothesis about how the normative perspective underlying committal agency might be mechanistically realized. (shrink)

Medical science conceives the human body as a system comprised of many subsystems at a variety of levels. At the highest level are bodily systems proper, such as the endocrine system, which are central to our understanding of human anatomy, and play a key role in diagnosis and in dynamic modeling as well as in medical pedagogy and computer visualization. But there is no explicit definition of what a bodily system is; such informality is acceptable in documentation created for (...) human beings, but falls short of what is needed for computer representations. Our analysis is intended as a first step towards filling this gap. (shrink)

Speakers are confused about identity if they mistake one thing for two or two things for one. I present two plausible models of confusion, the Frege model and the Millikan model. I show how a prominent objection to Fregean models fails and argue that confusion consists in having false implicit beliefs involving the identity relation. Further, I argue that confused identity has characteristic corruptive effects on singular cognition and on the proper function of singular terms in linguistic communication.

No two individuals with the autism diagnosis are ever the same—yet many practitioners and parents can recognize signs of ASD very rapidly with the naked eye. What, then, is this phenotype of autism that shows itself across such distinct clinical presentations and heterogeneous developments? The “signs” seem notoriously slippery and resistant to the behavioral threshold categories that make up current assessment tools. Part of the problem is that cognitive and behavioral “abilities” typically are theorized as high-level disembodied and modular functions—that (...) are assessed discretely (impaired, normal, enhanced) to define a spectral syndrome. Even as biology reminds us that organic developing bodies are not made up of independent switches, we remain often seduced by the simplicity of mechanistic and cognitive models. Developmental disorders such as autism have accordingly been theorized as due to different modular dysfunctions—typically of cortical origin, i.e., failures of “theory of mind” (Baron-Cohen et al., 1985), of the “mirror neuron system” (Ramachandran and Oberman, 2006), of “weak central coherence” (Happe and Frith, 2006) or of the balance of “empathizing” and “systemizing” (Baron-Cohen, 2009), just to list a few. -/- The broad array of autonomic (Ming et al., 2005; Cheshire, 2012) and sensorimotor (Damasio and Maurer, 1978; Maurer and Damasio, 1982; Donnellan and Leary, 1995; Leary and Hill, 1996; Donnellan and Leary, 2012; Donnellan et al., 2012) differences experienced and reported by people with autism have by such theories typically been sidelined as “co-morbidities,” possibly sharing genetic causes, but rendered as incidental and decisively behaviorally irrelevant symptoms—surely disconnected from cognition. But what if the development of cortically based mental processes and autonomous control relies on the complexities and proper function of the peripheral nervous systems? Through such an “embodied” lens the heterogeneous symptoms of autism invites new interpretations. We propose here that many behavioral-level findings can be re-defined as downstream effects of how developing nervous systems attempt to cope and adapt to the challenges of having various noisy, unpredictable, and unreliable peripheral inputs. (shrink)

In a recent article Steven Cowan defended the claim that female subordination and male authority are merely functional differences. Drawing insights from Natural Law, I argue that complementarianism typically speaks of these as proper functions of male and female designs, thus making men and women metaphysically unequal in being. Furthermore, I maintain that the function "serving as a means to an end" is less valuable than the function "having the authority to direct the end." Hence, Cowan fails (...) to defeat the objection that the claim that women are equal to men in being, but subordinate in role is incoherent. (shrink)

Technical artifacts have the capacity to fulfill their function in virtue of their physicochemical make-up. An explanation that purports to explicate this relation between artifact function and structure can be called a technological explanation. It might be argued, and Peter Kroes has in fact done so, that there issomething peculiar about technological explanations in that they are intrinsically normative in some sense. Since the notion of artifact function is a normative one (if an artifact has a (...) class='Hi'>proper function, it ought to behave in specific ways) an explanation of an artifact’s function must inherit this normativity.In this paper I will resist this conclusion by outlining and defending a ‘buck-passing account’ of the normativity of technological explanations. I will first argue that it is important to distinguish properly between (1) a theory of function ascriptions and (2) an explanation of how a function is realized. The task of the former is to spell out the conditions under which one is justified in ascribing a function to an artifact; the latter should show how the physicochemical make-up of an artifact enables it to fulfill its function. Second, I wish to maintain that a good theory of function ascriptions should account for the normativity of these ascriptions. Provided such a function theory can be formulated — as I think it can — a technological explanation may pass the normativity buck to it. Third, to flesh out these abstract claims, I show how a particular function theory — to wit, the ICE theory by Pieter Vermaas and Wybo Houkes — can be dovetailed smoothly with my own thoughts on technological explanation. (shrink)

A basic challenge to naturalistic moral realism is that, even if moral properties existed, there would be no way to naturalistically represent or track them. Here, the basic structure for a tracking account of moral epistemology is given in empirically respectable terms, based on a eudaimonist conception of morality. The goal is to show how this form of moral realism can be seen as consistent with the details of evolutionary biology as well as being amenable to the most current understanding (...) of representationalist or correspondence theories of truth. (shrink)

This article looks at some of the metaphysical properties of cognitive artefacts. It first identifies and demarcates the target domain by conceptualizing this class of artefacts as a functional kind. Building on the work of Beth Preston, a pluralist notion of functional kind is developed, one that includes artefacts with proper functions and system functions. Those with proper functions have a history of cultural selection, whereas those with system functions are improvised uses of initially non-cognitive artefacts. Having identified (...) the target domain, it then briefly looks at the multiple usability of physical structures and the multiple realizability of cognitive function. Further developing insights from the “dual nature of artefacts thesis”, the article ends with conceptualizing the structure–function relations of cognitive artefacts. More specifically, it unpacks the relation between physical structure, representational structure, information, and cognitive function. (shrink)

We give a new argument supporting a gravitational role in quantum collapse. It is demonstrated that the discreteness of space-time, which results from the proper combination of quantum theory and general relativity, may inevitably result in the dynamical collapse of thewave function. Moreover, the minimum size of discrete space-time yields a plausible collapse criterion consistent with experiments. By assuming that the source to collapse the wave function is the inherent random motion of particles described by the wave (...) function, we further propose a concrete model of wavefunction collapse in the discrete space-time. It is shown that the model is consistent with the existing experiments and macroscopic experiences. (shrink)

Legal philosophers distinguish between a static and a dynamic interpretation of law. The former assumes that the meaning of the words used in a legal text is set at the moment of its enactment and does not change with time. The latter allows the interpreters to update the meaning and apply a contemporary understanding to the text. The dispute between these competing theories has significant ramifications for social and political life. To take an example, depending on the approach, the term (...) “cruel punishment” used in the US Constitution will be given an 18th century meaning or a contemporary one. -/- The philosophy of language seems to provide greater support to the static approach to legal interpretation. Within this approach the lawmaker is perceived as a speaker and legal texts are interpreted as utterances. As a consequence, interpretation is a quest for the speaker/lawmaker’s intention or the public meaning that prevailed at the time of enactment. Neither the intention nor the public meaning are considered to have changed in time. -/- In this paper I argue that the philosophy of language provides the dynamic approach with an equally robust support as the static one. This support comes from an externalist perspective in semantics, rooted in philosophical pragmatism and supported by Ruth Millikan’s concept of meaning as proper function. Grounding the dynamic approach in a well-founded linguistic philosophy rises to the challenge presented by the originalists’ declaration that “it takes a theory to beat a theory”. (shrink)

In this article we intend to present Alvin Plantinga’s epistemology by showing the way in which its central concepts: the Reidian foundationalism, the partial critique of evidentialism, warrant, proper function, reliability and externalism - are logically interrelated. A section of this article is reserved to the critiques of his account of warrant brought by Peter Klein and Richard Feldman and to the way in which Plantinga answered them, by developing the concepts of cognitive maxi- and mini-environment. In the (...) end we will see the way in which Plantinga’s epistemology relates to both modernism and postmodernism. (shrink)

Alvin Plantinga’s theory of knowledge, as developed in his Warrant trilogy, has shaped the debates surrounding many areas in epistemology in profound ways. Plantinga has received his share of criticism, however, particularly in his treatment of belief in God as being “properly basic”. There has also been much confusion surrounding his notions of warrant and proper function, to which Plantinga has responded numerous times. Many critics remain unsatisfied, while others have developed alternative understandings of warrant in order to (...) rescue Plantinga’s theory from certain objections. The most promising of such attempts fall under the broad category of “virtue epistemology” or a “virtue-theoretic” approach. The work being done in virtue epistemology is still in its early stages and a consensus on what actually constitutes virtue epistemology has yet to be reached. While some have attempted to structure an entire theory of knowledge based on the virtues possessed by the knower, others have focused more on the role of epistemic virtues as an attempt to supplement existing theories, including Plantinga’s. In this paper, I will offer an analysis of what such an attempt might look like and evaluate the potential success of broadening Plantinga’s original model. -/- My proposal is that certain features of a virtue-theoretic approach (also referred to as “agent-reliabilism”) could improve Plantinga’s model in significant ways. Not only would such a broadened approach be better equipped to handle common objections, but it would also be better suited to contribute an enhanced understanding of the task of epistemology, one that seeks to discover multiple epistemic goods other than what has been traditionally confined to the realm of knowledge. I conclude by applying this approach to Plantinga’s treatment of theistic belief in Warranted Christian Belief and by articulating a few of the ways in which epistemic virtues can increase the degree of warrant enjoyed by such belief. (shrink)

Most contemporary philosophers of action accept Aristotle’s view that actions involve movements generated by an internal cause. This is reflected in the wide support enjoyed by the Causal Theory of Action (CTA), according to which actions are bodily movements caused by mental states. Some critics argue that CTA suffers from the Problem of Disappearing Agents (PDA), the complaint that CTA excludes agents because it reduces them to mere passive arenas in which certain events and processes take place. Extant treatments of (...) PDA, most notably those of Michael Bratman and David Velleman, interpret the problem as a challenge to CTA’s ability to capture the role of rational capacities like deliberation and reflection in the etiology of human action. I argue that PDA admits of another interpretation, one that arises when we appreciate that the exercise of higher rational capacities in action presupposes possession of a prior lower-level capacity for basic self-movement – the power to initiate and control one’s bodily behavior. Bolstering CTA so that it accommodates richer exercises of practical thought – as Bratman and Velleman do – will not resolve PDA unless CTA already captures this basic agential power. Adequately responding to PDA, therefore, requires answering a question unaddressed by current responses: How do bodily movements caused by sub-agential items like mental states count as movements actively performed by the whole agent? I argue that CTA can answer this question by adopting a normative account of the nature of self-moving agents. On this view, self-moving agents are teleologically constituted, meaning (1) their nature and proper function derives from their characteristic ends and aims, and (2) the nature and proper function of their parts depend on these ends and aims. Basic self-movement consists of movements caused by a sub-agential part whose own proper function is to generate behavior that constitutes or contributes to the pursuit of the agent’s overall proper function. After showing how this picture applies to artifactual and collective agents (i.e., robots and teams), I extend the account to organic agents (human beings) by sketching a broadly Aristotelian picture of the nature of living things. (shrink)

In this paper, I defend the possibility that law is a functional kind by replying to objections from Leslie Green and Brian Tamanaha. I also show how Kenneth Ehrenberg’s approach to law’s functions in his latest book concedes too much to these objections. A functional kinds approach to law is possible and, for someone interested in showing the importance of law’s functions, preferable. I first explore Tamanaha’s objection and show that the possibility of functional equivalents does not pose a problem (...) for a functional kinds account of law. I then respond to Green by showing that law is more distinctively identified by its function than by the means by which it achieves this function. I quickly explore a lesser objection dealing with how law can pursue a variety of ends while having the same function the whole while. I then turn to an issue Ehrenberg raises regarding thinking of the law as having a plurality of functions like a Swiss Army knife. Finally, I show that Ehrenberg’s approach to the relationship between law and its functions is unnecessarily weak, as it avoids holding that law's nature or essence is its proper function for similar reasons to Green and Tamanaha. (shrink)

Intellectual servility is a vice opposing proper pride about one's intellectual achievements. Intellectual timidity is also a vice; it is manifested in a lack of proper concern for others’ esteem. This paper offers an account of the nature of these vices and details some of the epistemic harms that flow from them. I argue that servility, which is often the result of suffering humiliation, is a form of damaged self-esteem. It is underpinned by attitudes serving social-adjustive functions and (...) causes ingratiating behaviors. Timidity, which is habituated through self-silencing, is underpinned by negative attitudes toward the intellectual worth of the self, which serve a defensive function. Like servility, timidity is an obstacle to the acquisition and transmission of knowledge and especially knowledge about oneself. (shrink)

Depth psychology finds empirical validation today in a variety of observations that suggest the presence of causally effective mental processes outside conscious experience. I submit that this is due to misinterpretation of the observations: the subset of consciousness called “meta-consciousness” in the literature is often mistaken for consciousness proper, thereby artificially creating space for an “unconscious.” The implied hypothesis is that all mental processes may in fact be conscious, the appearance of unconsciousness arising from our dependence on self-reflective introspection (...) for gauging awareness. After re-interpreting the empirical data according to a philosophically rigorous definition of consciousness, I show that two well-known phenomena corroborate this hypothesis: (a) experiences that, despite being conscious, aren’t re-represented during introspection; and (b) dissociated experiences inaccessible to the executive ego. If consciousness is inherent to all mentation, it may be fundamental in nature, as opposed to a product of particular types of brain function. (shrink)

Conwy Lloyd Morgan (1852–1936) is widely regarded as the father of modern comparative psychology. Yet, Morgan initially had significant doubts about whether a genuine science of comparative psychology was even possible, only later becoming more optimistic about our ability to make reliable inferences about the mental capacities of non-human animals. There has been a fair amount of disagreement amongst scholars of Morgan’s work about the nature, timing, and causes of this shift in Morgan’s thinking. We argue that Morgan underwent two (...) quite different shifts of attitude towards the proper practice of comparative psychology. The first was a qualified acceptance of the Romanesian approach to comparative psychology that he had initially criticized. The second was a shift away from Romanes’ reliance on systematizing anecdotal evidence of animal intelligence towards an experimental approach, focused on studying the development of behaviour. We emphasize the role of Morgan’s evolving epistemological views in bringing about the first shift – in particular, his philosophy of science. We emphasize the role of an intriguing but overlooked figure in the history of comparative psychology in explaining the second shift, T. Mann Jones, whose correspondence with Morgan provided an important catalyst for Morgan’s experimental turn, particularly the special focus on development. We also shed light on the intended function of Morgan’s Canon, the methodological principle for which Morgan is now mostly known. The Canon can only be properly understood by seeing it in the context of Morgan’s own unique experimental vision for comparative psychology. (shrink)

In the recent debate between conceptualists and nonconceptualists about perceptual content, Kant’s notion of intuition has been invoked on both sides. Conceptualists claim Kant as a forerunner of their position, arguing that Kantian intuitions have the same kind of content as conceptual thought. On the other hand, nonconceptualists claim Kant as a forerunner of their own position, contending that Kantian intuitions have a distinctly nonconceptual kind of content. In this paper, I argue first, that both sides are wrong about Kant, (...) secondly, that neither side can properly account for the epistemic function of intuition, and thirdly, that Kant’s own notion of intuition contains the resources for a third alternative. The epistemic function of an intuition for Kant is to furnish the sensory representation of an object of cognition. Conceptualism cannot account for this function because it construes perception as a species of thought. As a proper appreciation of Kant’s reasons for insisting upon the heterogeneity of thought and perception puts one in a position to see, any view that does this will fail to do justice to the distinctly sensory nature of intuition. Nonconceptualism, on the other hand, cannot account for the epistemic function of intuition because it views intuition as self-standing, and thus as completely independent from thought. As a consequence, nonconceptualism is not entitled to claim that an intuition is itself a cognitive state. I show that Kant’s actual view avoids both these extremes because it involves a different way of conceiving how perception is informed by conceptual thought. Building on this conception, Kant is able to preserve the distinctly sensory nature of intuition, while also securing proper cognitive standing for it. As a result, Kant’s notion of intuition provides the resources for an alternative account of how thought relates to the senses – one that avoids the shortcomings of the positions staked out in the contemporary debate. (shrink)

This paper is about the meaning and function of identity statements involving proper names. There are two prominent views on this topic, according to which identity statements ascribe a relation: the object-view, on which identity statements ascribe a relation borne by all objects to themselves, and the name-view, on which an identity statement 'a is b' says that the names 'a' and 'b' codesignate. The object- and name-views may seem to exhaust the field. I make a case for (...) treating identity statements as sui generis instead of attempting to explain them by means of the idea that they ascribe a relation. My contention is that once we do this, no analysis is required. -/- I do not wish to insist that we stop saying that identity statements ascribe a relation. The point is that there is a fundamental disanalogy between identity statements and other two-termed statements which we overlook to our peril. This will be seen to parallel the more recognized disanalogy between existence statements and other one-termed statements. One way of registering the fundamental disanalogy is to say that identity statements are not relational, but this is not essential. Following my negative arguments in section 2, I employ some simple diagrammatical models in section 3 to exhibit the fundamental disanalogy. In a final section I respond to some possible objections which may be raised against this kind of approach. (shrink)

Standard rigid designator accounts of a name’s meaning have trouble accommodating what I will call a descriptive name’s “shifty” character -- its tendency to shift its referent over time in response to a discovery that the conventional referent of that name does not satisfy the description with which that name was introduced. I offer a variant of Kripke’s historical semantic theory of how names function, a variant that can accommodate the character of descriptive names while maintaining rigidity for (...) class='Hi'>proper names. A descriptive name’s shiftiness calls for a semantic account of names that makes their semantic values bipartite, containing both traditional semantic contents and what I call "modes of introduction." Both parts of a name's semantic value are derived from the way a name gets introduced into discourse -- from what I refer to as its "context of introduction." Making a name's semantic value bipartite in this way allows for a definite description to be a part of proper name's meaning without thereby sacrificing that name’s status as a rigid designator. On my view, a definite description is part of descriptive name’s mode of introduction. That is, it is part of what determines the content assigned to that name. As it turns out, making a definite description part of a descriptive name’s mode of introduction allows for that definite description to play the role of a mere reference-fixer regarding that name’s content, as Kripke would have it. However, my account allows a definite description to fix a descriptive name’s content actively over time, thereby explaining its inherent shiftiness. (shrink)

Art historians and philosophers often talk about the interpretive significance of titles, but few have bothered with their historical origins. This omission has led to the assumption that an artwork's title is its proper name, since names and titles share the essential function of facilitating reference to their bearers. But a closer look at the development of our titling practices shows a significant point of divergence from standard analyses of proper names: the semantic content of a title (...) is often crucial to the identification, individuation, and interpretation of its associated artwork. This paper represents a first step towards an empirically centred study of our titling practices. I argue that, in order to accept titles as proper names, we must first recognize the social, rather than the referential, function of naming. (shrink)

In this paper I address an important question in Aristotle’s biology, What are the causal mechanisms behind the transmission of biological form? Aristotle’s answer to this question, I argue, is found in Generation of Animals Book 4 in connection with his investigation into the phenomenon of inheritance. There we are told that an organism’s reproductive material contains a set of "movements" which are derived from the various "potentials" of its nature (the internal principle of change that initiates and controls development). (...) These movements, I suggest, function as specialized vehicles for communicating the parts of the parent’s heritable form during the act of reproduction. After exploring the details of this mechanism, I then take up Aristotle’s theory of inheritance proper. At the heart of the theory are three general principles (or 'laws') that govern the interactions between the maternal and paternal movements, the outcome of which determines the pattern of inheritance for the offspring. Although this paper is primarily aimed at providing a detailed analysis of Aristotle’s account of inheritance, the results of that analysis have implications for other areas of Aristotle’s biology. One of the most interesting of these is the question of whether Aristotle’s biology is anti-evolutionary (as traditionally assumed) or whether (as I argue) it leaves room for a theory of evolution by natural selection, even if Aristotle himself never took that step. (shrink)

Some propositions are more epistemically important than others. Further, how important a proposition is is often a contingent matter—some propositions count more in some worlds than in others. Epistemic Utility Theory cannot accommodate this fact, at least not in any standard way. For EUT to be successful, legitimate measures of epistemic utility must be proper, i.e., every probability function must assign itself maximum expected utility. Once we vary the importance of propositions across worlds, however, normal measures of epistemic (...) utility become improper. I argue there isn’t any good way out for EUT. (shrink)

The human body is a system made of systems. The body is divided into bodily systems proper, such as the endocrine and circulatory systems, which are subdivided into many sub-systems at a variety of levels, whereby all systems and subsystems engage in massive causal interaction with each other and with their surrounding environments. Here we offer an explicit definition of bodily system and provide a framework for understanding their causal interactions. Medical sciences provide at best informal accounts of basic (...) notions such as system, process, and function, and while such informality is acceptable in documentation created for human beings, it falls short of what is needed for computer representations. In our analysis we will accordingly provide the framework for a formal definition of bodily system and of associated notions. (shrink)

I argue that there is methodological space for a functional explanation of the nature of law that does not commit the theorist to a view about the value of that function for society, nor whether law is the best means of accomplishing it. A functional explanation will nonetheless provide a conceptual framework for a better understanding of the nature of law. First I examine the proper role for function in a theory of law and then argue for (...) the possibility of a neutral functional theory, addressing issues raised by Leslie Green, Stephen Perry, Michael Moore and John Finnis. (shrink)

Despite the centrality of the idea of history to Dewey's overall philosophical outlook, his brief treatment of philosophical issues in history has never attracted much attention, partly because of the dearth of the available material. Nonetheless, as argued in this essay, what we do have provides for the outlines of a comprehensive pragmatist view of history distinguished by an emphasis on methodological pluralism and a principled opposition to thinking of historical knowledge in correspondence terms. The key conceptions of Dewey's philosophy (...) of history outlined in this paper -- i.e. historical constitution of human nature, constructivist ontology of historical events, as well as the belief that the proper form of historical judgments is underwritten by the category of continual change -- are discussed with a view to the current challenges in philosophy of history, e.g. the contest between naturalism and rationalism, objectivity and relativism, questions surrounding the function of narrative in history, and the relationship of history to the problems of identity and self-knowledge. The intended upshot of the essay is to suggest that Dewey's brief yet substantial analysis may be capable of supplying the guiding principles for articulating a viable and promising pragmatist (and naturalist) conception of historical knowledge. (shrink)

Floridi and Taddeo propose a condition of “zero semantic commitment” for solutions to the grounding problem, and a solution to it. I argue briefly that their condition cannot be fulfilled, not even by their own solution. After a look at Luc Steels' very different competing suggestion, I suggest that we need to re-think what the problem is and what role the ‘goals’ in a system play in formulating the problem. On the basis of a proper understanding of computing, I (...) come to the conclusion that the only sensible ground-ing problem is how we can explain and re-produce the behavioral ability and function of meaning in artificial computational agents. (shrink)

The Knowledge Norm of Assertion claims that it is proper to assert that p only if one knows that p. Though supported by a wide range of evidence, it appears to generate incorrect verdicts when applied to utterances of “I don't know.” Instead of being an objection to KNA, I argue that this linguistic data shows that “I don't know” does not standardly function as a literal assertion about one's epistemic status; rather, it is an indirect speech act (...) that has the primary illocutionary force of opting out of the speaker's conversational responsibilities. This explanation both reveals that the opt-out is an under-appreciated type of illocutionary act with a wide range of applications, and shows that the initial data in fact supports KNA over its rivals. (shrink)

Locke endorses a distinction between passive reflection and voluntary attentive reflection, which he occasionally labels contemplation. Failure to recognize this distinction properly has had an effect on interpretations of Locke’s theory of reflection, and caused puzzlement about the relation between reflection and consciousness. In particular, the function of reflection as a passive internal sense that produces simple ideas of mental operations has been downplayed in favour of the view that reflection in one manner or another involves attention and/or presupposes (...) consciousness of mental operations. This has led a number of scholars to maintain, implicitly or explicitly, that Locke in fact abandons either his doctrine of sensation and reflection as the two exclusive sources of ideas or his doctrine of ideas as the only immediate objects of experience. -/- With the help of a distinction between reflection as a source of ideas and reflection as an operation about ideas I aim to show how Locke can hold to his empiricist maxim about the two sources of ideas and also endorse ideas as the only immediate objects of experience. A proper understanding of Locke’s theory of reflection requires that reflection and consciousness be delineated with respect to one another. I will show how Locke’s notion of consciousness differs from both types of reflection. (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)

Abstract This paper puts Searle?s social ontology together with an understanding of the human person as inclined openly toward the truth. Institutions and their deontology are constituted by collective Declarative beliefs, guaranteeing mind-world adequation. As this paper argues, often they are constituted also by collective Assertive beliefs that justify (rather than validate intrainstitutionally) institutional facts. A special type of Status Function-creating ?Assertive Declarative? belief is introduced, described, and used to shore up Searle?s account against two objections: that, as based (...) on collective acceptance, Searlean social ontology cannot make sense of dissenters, and that it, as its deontology is all game-like, implies a legal positivism and thus cannot make proper sense of the moral import of sociopolitical institutions. This change is necessary to deepen social ontology?s understanding of human societies and to accurately describe many social, religious, and political institutions as constituted from the perspectives of participants and dissidents. (shrink)

This essay articulates and defends Aristotle’s argument in Politics 7.4 that there is a rational limit to the size of the political community. Aristotle argues that size can negatively affect the ability of an organized being to attain its proper end. After examining the metaphysical grounds for this principle in both natural beings and artifacts, we defend Aristotle’s extension of the principle to the polis. He argues that the state is in the relevant sense an organism, one whose primary (...) end is to make good reasons available to individuals and promote them as choiceworthy. The size of a polis can affect its ability to perform this function, since growth promotes anonymity among citizens, which in turn frustrates the familiarity between citizens required for the exercise of distributive and restorative justice as well as political prudence. This paper suggests several ways in which Aristotle’s argument, if sound, is important for contemporary issues in moral psychology, Ralwsian political philosophy, and big data analytics. (shrink)

When trying to do justice to the discourse of a certain religion it is often implicitly assumed that one’s analysis should accord with and respect the opinions held by the people preaching and practicing that religion. One reason for this assumption may be the acceptance of a more general thesis, that adherents of a given religious tradition cannot fail to know the proper content and function of the language and concepts constitutive of it. In this article, the viability (...) of this thesis is explored through an investigation of the extent to which people belonging to a certain religion may be in error about what they mean. I assume that people, if mistaken, are wrong according to a standard which is mind-dependent enough for them to be committed and accountable to it but, at the same time, mind-independent enough for them to be mistaken about it. I try to account for this delicate balance by identifying the standard with a social norm, a mind-independent object of worship or people’s int. (shrink)

With regard to the new directions in the Humanities, here I am going to consider and examine the approach of al-Farabi as a medieval thinker in introducing a new outlook to “language” in difference with the other views. Thereby, I will explore his challenges in the frame of “philosophical humanism” as a term given by Arkoun (1970) and Kraemer (1984) to the humanism of the Islamic philosophers and their circles, mainly in the tenth and eleventh centuries. Al-Farabi’s conception of philosophical (...) humanism, in which philosophy is thick and religion is thin, makes its agony with the other versions of humanism and also orthodox Islam. It means that his introduction of a humanistic understanding of language should be placed in such a multi-level contested environment. According to al-Farabi, language as a universal category has relation with reason that logic should function as its proper instrument. As a result, there is no specific privileged predetermined language, but the position of any language is shaped by its relation with human reason and formal logic that is something human-made. And such a conception means language in human terms. Key Terms: Al-Farabi; Language; Philosophical Humanism; Arabic: Greek . (shrink)

Defenders of evolutionary medicine claim that medical professionals and public health officials would do well to consider the role of evolutionary biology with respect to the teaching, research, and judgments pertaining to medical theory and practice. An integral part of their argument is that the human body should be understood as a bundle of evolutionary compromises. Such an appreciation, which includes a proper understanding of biological function and physiological homeostasis, would provide a crucial perspective regarding the understanding and (...) securing of human health needs currently lacking in the medical arena. (shrink)