This article aims to bring some work in contemporary analytic metaphysics to discussions of the Real Presence of Christ in the Eucharist. I will show that some unusual claims of the Real Presence doctrine exactly parallel what would be happening in the world if objects were to time-travel in certain ways. Such time-travel would make ordinary objects multiply located, and in the relevantly analogous respects. If it is conceptually coherent that objects behave in this way, we (...) have a model for the behaviour of the Eucharist which shows the doctrine to be coherent, at least with respect to the issues discussed. (shrink)

The doctrine that Christ is really present in the Eucharist appears to entail that Christ's body is not only multiply located but present in different ways at different locations. Moreover, the doctrine poses an even more difficult meta-question: what makes a theological explanation of the Eucharist a ‘real presence’ account? Aquinas's defence of transubstantiation, perhaps the paradigmatic account, invokes Aristotelian metaphysics and the machinery of Scholastic philosophy. My aim is not to produce a ‘rational reconstruction’ of his analysis (...) but rather to suggest a metaphysically innocent alternative that will ‘save the phenomena’ of religious belief and practice.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. The real presenceVolume 49, Issue 1H. E. BABER DOI: https://doi.org/10.1017/S0034412512000121Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

We present a new understanding of Christ’s real presence in the Eucharist on the model of Stump’s account of God’s omnipresence and Green and Quan’s account of experiencing God in Scripture. On this understanding, Christ is derivatively, rather than fundamentally, located in the consecrated bread and wine, such that Christ is present to the believer through the consecrated bread and wine, thereby making available to the believer a second-person experience of Christ, where the consecrated bread and wine are (...) the way in which she shares attention with him. The consecrated bread and wine are then, in a sense, icons of Christ. (shrink)

We contest the unsubstantiated assumption of both materialists and non-materialist that the ontological status they propose applies to all humans and that the competing claim is false for all - ie we reject both the claim of non-materialists that all humans share the same fundamental aspect of having a "non-material consciousness" (nmc), as well as the contrasting claim of materialists that none do (being fully material as according to eliminative materialists/reductive physicalists etc). Instead, the basic proposition of this paper, our (...) ‘ontological conecture’ (OC) - an updated version of our 1998 website article “Mindless Materialists” - is that the central tenets of proponents on both sides are true, but only regarding themselves. A signature feature of nmc is that brains associated to it are capable of knowing of its existence directly, and as a corollary we would propose that if a sophisticated brain does not know it is associated to nmc then most likely this is because it is in fact not so associated. Thus, in accordance with our OC we will consider a brain’s statements on this issue (that it does or does not possess nmc) as not merely its ‘philosophical position’ but as an authoritative statement, a reflection of an ontological fact. Furthermore, we propose that only those who possess nmc are capable of understanding what it is, so that although they are well-qualified to know directly that they themselves possess it, in contrast those who lack nmc and possess only material consciousness (mc) cannot even comprehend what non-materiality means - they will understandably tend to consider it a non-existent absurdity, which contention would be quite correct in a purely-material reality, such as they effectively inhabit. -/- Terminology reflecting ontological status: Since according to our OC those brains which categorize themselves as non-materialists are presumed to indeed be associated to nmc, for usefulness in phraseology we’ll refer to people whose brain is so associated as being nmc’s (not merely “espousing nmc”). Materialists say they are conscious but that theirs is a material consciousness (abbrev: “mc”) , and since according to our OC we accept this self-determination we will refer to them as being “mc’s” or being materialist (not merely “espousing materialism”). -/- Are materialists mindless or are non-materialists delusional? Notoriously, it is impossible to prove that one possesses nmc (which is a sort of corollary to the fact that it is directly self-known) - being non-material, nmc cannot be detected via the scientific method. However just as those with nmc cannot prove they possess it so too one cannot prove or determine via measurement that materialists do not possess it. Nevertheless we feel that our OC is the simplest solution to the conundrum of how there are materialists if a brain can directly sense its associated nmc. In sum, although of course it is impossible to prove that any particular person possesses or lacks nmc, given all the above our OC considers - as stated by the title of this paper - a brain’s self-identification as "materialist" or “non-materialist” (dualist, panpsychist, idealist etc) as reflecting the absence or presence of an associated real non-material awareness/consciousness, rather than merely as a statement of a philosophical stance. An alternative solution is implicit in the above - that all humans possess nmc just that materialists are those whose brains lack the awareness of theirs, or that the brain-aspect which communicates to others has no access to it. -/- Towards developing more constructive dialogue between mc’s/nmc’s, and greater self-confidence and independence among nmc’s in the face of materialist dominance of the intellectual-climate: A large part of the overall paper is devoted to not just pointing out the futility of communication of the sort usually engaged in - ie based on the erroneous underlying assumption that both sides of the debate are ontologically the same - but also suggesting ways to make the debate less frustrating by a recognition of the OC. Greater clarity in discussions can be achieved partly via a deeper understanding of the different meanings the same term might have to nmc’s/mc’s and suggestions relevant the construction of a sort of translation algorithm to utilize in discussions (as a simple example, substituting ‘higher-level cognitive material brain-processes’ for ‘mind’ when that term is used by an mc); by the frank statement by nmc’s engaged in dialogue with mc’s that the existence of nmc is not up for discussion; by learning how the existence of our nmc colors the meaning we give to certain terms in ways we were not aware of, meanings which are absent for mc’s; and in general via the recognition by the nmc that the dialogue is with a person lacking nmc. -/- Perhaps materialists are right: In the interest of ‘reciprocity’, the paper also offers an alternative/opposing view to the central proposition, to the effect that the materialist claim is correct, and it is a defect of brain wiring or structure which is the source of an active illusion of "self-awareness" underlying the philosophical claims of non-materialists. A prospective source of this illusion is offered - an analog of the sense of presence experienced during ‘sleep paralysis’. (shrink)

Robert Orsi’s History and Presence identifies a major lacuna in the modern understanding of religion. If secularism is characteristic of the modern era, Orsi argues that it is not the absence of the faith. Instead, it is the approval of a certain kind of religion in which the "real presence," an interaction of sacred, metaphysical realm in the everyday life of the faithful, is ignored. While considering Orsi’s critique, this paper investigates the notion of presence in (...) Shi'i Islam along with a brief study of similar notions in Catholicism and Judaism. This paper argues that the notion of presence or hudur plays a significant role in the everyday life of Shiʻi Muslims and attempts to define it according to the context of visitation prayers and the narrations of the Shi'i Imams. It moreover suggests that this overlooked aspect in the modern study of religion could provide grounds for a more empathetic dialogue of religions. (shrink)

The intuitive view that memories are characterized by a feeling of pastness, perceptions by a feeling of presence, while imagination lacks either faces challenges from two sides. Some researchers complain that the “feeling of pastness” is either unclear, irrelevant or isn’t a real feature. Others point out that there are cases of memory without the feeling of pastness, perception without presence, and other cross-cutting cases. Here we argue that the feeling of pastness is indeed a real, (...) useful feature, and although this feeling does not define memory ontologically, it is a characteristic marker which helps us easily categorise a mental state first-personally. We outline several cognitive features that underlie this experience, including the feeling of past accessibility, ergonomic significance, immersion, objectivity and mental strength. Our account is distinctly phenomenal, rather than doxastic, although our web of beliefs may contribute to this experience. (shrink)

The article seeks to elucidate the status of transcendence in the historiography of secularization through the perspective of collective memory. It discusses two typological models dealing with the basic metaphysical problem concerned with the presence and meaning of transcendence in real human existence. According to the first, the historical reality of secularization causes a break from the collective memory whose roots are in religion. In contrast, the second model considers that despite the deep transformations in the status of (...) religion in a reality of secularization, an experience of historical continuity may also occur there. These models denote the two poles in the argument about the meaning and value of history for modern people. The article suggests a phenomenological analysis of the two models and criticizes their deficiencies. Finally, the “tension model” is outlined as a third alternative that aims at overcoming the binary situation created by the first two in favor of a perspective that necessitates and contains both immanence and transcendence. (shrink)

Discursive liberal democracy might not be the best of all possible forms of government, yet in Europe it is largely accepted as such. The attractors of liberal democracy (majority rule, political equality, reasonable self-determination and an ideological framework built in a tentative manner) as well as an adequate dose of secularization (according to the doctrine of religious restraint) provide both secularist and educated religious people with the most convenient ideological framework. Unfortunately, many promoters of ideological secularization take too strong a (...) stance against the manifestation of religiosity in the public sphere. They claim that people may discuss, debate or adopt (coercive) laws and regularities only by means of secular public reasons and secular motivation. We argue that these secular restraints on the ideological framework are unfairly biased against religion, counterproductive and unreasonable. The exaggerated secular restrictions create a strict secular public sphere that appears to be a Pickwickian world suitable just for inoffensive, dull and lethargic people. Deliberately separated from the idea of truth, secular public reasons cannot sustain a complex adaptive system like discursive liberal democracy. Liberal democracy needs citizens with a strong sense of truth and with a sufficient will-power to follow both a personal ideal and a collective ideal. Religious beliefs provide people with just such a sense of truth and with the desire to have a certain kind of character. In the secularized public sphere of liberal democracy, people can manifest just educated religious beliefs that correspond to the real world and respect the principle of peaceable conduct. In the final part of the article we support the assertion that believers could and should educate their religious belief before expressing them in the public sphere. Educated religious beliefs have a wide enough propositional content, obey the moral imperative of William Clifford, are purged from all propositional components against which there is strong evidence and are consciously cultivated by the mechanism of suggestion. (shrink)

This paper explores the ethical insights provided by Anne Truitt's minimalist sculptures, as viewed through the phenomenological lenses of Hannah Arendt's investigations into the co-constitution of reality and Maurice Merleau-Ponty's investigations into perception. Artworks in their material presence can lay out new ways of relating and perceiving. Truitt's works accomplish this task by revealing the interactive motion of our embodied relations and how material objects can actually help to ground our reality and hence human potentiality. Merleau-Ponty shows how our (...) prereflective bodies allow incompossible perceptions to coexist. Yet this same capacity of bodies to gather multiple perceptions together also lends itself to the illusion that we see from only one perspective. If an ethical perspective becomes reified into one position, it then becomes detached from reality, and the ethical potential is actually lost. At the same time, phenomenologically understood, the real world does not exist in terms of static matter, but is instead a web of contextual relations and meanings. An ethics that does not take embodied relations into account—that allows for only one perspective—ultimately loses its capacity for flexibility, and for being part of a common and shared reality. (shrink)

Presence as ordinarily understood requires spatio-temporal proximity. If however Christ’s presence in the Eucharist is understood in this way it would take a miracle to secure multiple location and an additional miracle to cover it up so that the presence of Christ where the Eucharist was celebrated made no empirical difference. And, while multiple location is logically possible, such metaphysical miracles—miracles of distinction without difference, which have no empirical import—are problematic. I propose an account of Eucharist according (...) to which Christ is indeed really and objectively present in the religiously required sense, without benefit of metaphysical miracles. According to the proposed account, which draws upon Searle’s discussion of “social ontology” in The Construction of Social Reality and The Making of the Social World, the presence of Christ in the Eucharist is an institutional fact. I argue that such an account satisfies the requirements for a real presence doctrine. (shrink)

This paper investigates the act of existence (esse) of the Eucharist according to the theology of Saint Thomas Aquinas and presuming the Real Presence of Christ in the Eucharist as defined by the Ecumenical Council of Trent. The paper proceeds by presenting the question on the existence of Christ in the Disputed Question on the Union of the Incarnate Word and the tertia pars of the Summa Theologiae before presenting a short synthesis showing that Christ exists by the (...) Divine esse of the Second Person of the Trinity. Sacramentally, two objections to identifying this Divine esse as the existence of the Eucharist are considered. First, given that individuals generally each exist by a numerically distinct act of existence, the consecrated hosts and wine across the globe should all have distinct esse. Second, the Real Presence is a mode of sacramental presence which is different than natural modes of existence. (shrink)

ABSTRACTThe doctrine of the Real Presence of Christ in the Eucharist presents a particular challenge to its defenders: how is it so much as intelligible? This paper explores Dummett’s response to this question, centred on the notion of deeming. Whilst instructive, Dummett’s position is unsustainable as it stands, since it fails to secure the meaningfulness of the doctrine. Once deeming is brought together with an account of bodiliness and an appreciation of the nature of the Eucharist as a (...) meal, however, the way is open to demonstrating the intelligibility of the doctrine. This is a prerequisite even for its rejection as false. (shrink)

The concept of the analyst's presence gained attention almost 60 years ago through the writings of the French analyst Sacha Nacht and the Hungarian-British Michael Balint. Anna Freud earlier spoke of the related, but rather ambiguous term "real person of the analyst," which has been widely discussed by many authors since. Both terms- presence and real person- appear frequently in the psychoanalytic literature, usually without much definition or conceptual clarity. Authors have used them in different ways, (...) but in general their intention has been to contrast the analyst's reality as a person with his function as a transference and fantasy object, perhaps as a corrective to the perceived austerity of the classical « one-person » model. Lacan's work represents an exception in attempting to escape the dialectic between intra and inter-psychic, but at the cost of eliminating the influence of the analyst as another subject. In contrast to metapsychologic theories of the mind, the author argues that "real presence" can be better understood as part of the phenomenologic experience of intersubjectivity, The co-presence of the analyst is fundamental to the encounter, rather than an accidental or intentional disruption. (shrink)

The rational explanation of the Eucharist is at the centre of a revived debate in philosophical theology. After describing gunk-relational ontology, I show how it allows us to understand transubstantiation differently than other traditional and contemporary accounts, from which it draws a few points but combining them in a new way. In gunk-relational ontology every substance is its own relations, which constitute a gunky fundamental reality. The liturgical celebration of the Last Supper therefore creates a new relational situation for the (...) bread: the substance of the bread (its relations) profoundly changes its nature. (shrink)

A rarely discussed issue that bears upon the topic of education is that which takes seriously the relationship between medium and message; how is the content of what is taught shaped by the way in which it is taught? It is a question of especial pertinence today when in all areas of pedagogy we find people advocating the use in education not only of computers but on-line access and the wonders of the virtual world as well. The argument of this (...) paper, via the writings of the recent Pontiffs (and more secular authors with a philosophical and political interest in the area), is that the use of computers and on-line technology is deleterious to all education, but especially to Catholic education. This is because, while the understanding of real presence and mediation are fundamental to the faith, the idea of insubstantiality and friction-free immediacy are of a piece with virtual technology. As a medium of dissemination the latter cannot help but invest the content of the former with its understanding of presence. The paper also touches upon the economic factors at play in the use of virtual technology as well as the utopian hopes this technology gives rise to, hopes that are fundamentally inhuman and therefore at odds with the Catholic faith. The paper argues its point using the trope of fairyland and the opposition between, on the one hand, enchantment, and on the other, glamour. (shrink)

As John Henry states, Newton simply wants to reaffirm the truth of God's omnipresence without directly involving him in the physics of the world system. Newton simply wants to distance himself from a Cartesian concept of God and convince the atheists that God is a real presence extended in the world. God must exist in space for the space to exist, but God does not only act through contact. Henry believes that Andrew Janiak and Hylarie Kochiras give us (...) a wrong picture of a Newton who believes in opportunism. Newton, Henry asserts, has always assumed that God acted through secondary causes: DOI: 10.13140/RG.2.2.35495.39846. (shrink)

The presence of symmetries in physical theories implies a pernicious form of underdetermination. In order to avoid this theoretical vice, philosophers often espouse a principle called Leibniz Equivalence, which states that symmetry-related models represent the same state of affairs. Moreover, philosophers have claimed that the existence of non-trivial symmetries motivates us to accept the Invariance Principle, which states that quantities that vary under a theory’s symmetries aren’t physically real. Leibniz Equivalence and the Invariance Principle are often seen as (...) part of the same package. I argue that this is a mistake: Leibniz Equivalence and the Invariance Principle are orthogonal to each other. This means that it is possible to hold that symmetry-related models represent the same state of affairs whilst having a realist attitude towards variant quantities. Various arguments have been presented in favour of the Invariance Principle: a rejection of the Invariance Principle is inter alia supposed to cause indeterminism, undetectability or failure of reference. I respond that these arguments at best support Leibniz Equivalence. (shrink)

Purpose – The internet creates ample opportunities to start a mobile social commerce business. The literature confirms the issue of customer trust for social commerce businesses is a challenge that must be addressed. Hence, this study aims to examine the antecedents of trust in mobile social commerce by applying linear and non-linear relationships based on partial least squares structural equation modeling and an artificial neural network model. -/- Design/methodology/approach – This study applied a non-linear artificial neural network approach to provide (...) a further understanding of the determinants of trust in mobile social commerce based on a non-linear and non-compensatory model. Besides, a questionnaire was distributed to 340 social commerce customers in Malaysia. -/- Findings – The conceptual framework for investigating trust in mobile social commerce has various advantages and contributions to predicting consumer behaviour. The results of the study showed there is a positive and significant relationship between social support, presence and unified theory of acceptance and use of technology2 (UTAUT2). In addition, UTAUT2 has fully mediated the relationship between social support, presence and trust in social commerce. Finally, the results concluded the relationship between UTAUT2 and trust in social commerce would be stronger when the diffusion of innovation and innovation resistance is high and low, respectively. -/- Research limitations/implications – The current study provides a novel perspective on how customers can trust social m-commerce to provide real solutions to managers of encouraging e-marketing among consumers. -/- Practical implications – This paper shows how businesses can develop trust in social m-commerce in Malaysian markets. The findings of this study probably could be extended to other businesses in Asia or other countries. Because trust in social e-commerce has a dynamic role in consumer behaviour and intention to purchase. -/- Originality/value – This study provided a new perspective on mobile social commerce and paid more attention to an investigation of such emerging commerce. The originality of this study is embodied by investigating an integrated model that included different theories that presented new directions of trust in mobile social commerce through social and behavioural determinants. (shrink)

In this paper I present an overview of the doctrine known as Positive Aesthetics regarding aesthetic judgements about nature. According to this view, all pristine nature is always beautiful and, generally, although not necessarily, human intervention tends to introduce ugliness in nature. One of the strong practical motivations behind this claim is an attempt to ground our reasons to preserve natural environments in aesthetic reasons. Positive Aesthetics has been defended within contrary approaches to nature appreciation such as the cognitivists and (...) the anti-cognitivist. Recently, the possibility of real ugliness in nature has been defended; at the same time, it is argued that the presence of ugly items in nature does not lead necessarily to the idea that they are not aesthetically valuable. Hence, natural ugliness can be a reason to preserve nature. In this sense, the denial of the Positive Aesthetics claim is shown to be compatible with the appeal to aesthetic negative qualities as a source of reasons for preserving natural environments. (shrink)

However robust the mind's cognitive strategies of objectifying and rendering in object terms conscious experience, there is nevertheless that which resists object/substantivity categorization: an exteriority that comes out of perception itself and that is here termed the 'background '. In seeking out, in this inquiry, the non- objectified and non-thingness part of the observed world, we must first of all distinguish this background from such misrepresenta- tions as mere 'seeming '. The background -- while not thing-like or detectable as data (...) will be defended as existing concretely and empirically to the observer, notwithstanding our objectifying and substantive way of framing our understanding of the world. It will be shown to have verifiability despite being knowable only from the first-person perspective. The aim is to demonstrate its presence by way of a number of its features, and to show that far from being a mere subjective quality, it stands as real as do spatial objects or whatever arises spatially as a discretizable information source in the empirical world. (shrink)

The rapid advancement of Information Technology (IT) platforms and programming languages has transformed the dynamics and development of human society. The cyberspace and associated utilities are expanding, leading to a gradual shift from real-world living to virtual life (also known as cyberspace or digital space). The expansion and development of Natural Language Processing (NLP) models and Large Language Models (LLMs) demonstrate human-like characteristics in reasoning, perception, attention, and creativity, helping humans overcome operational barriers. Alongside the immense potential of artificial (...) intelligence (AI) are new security loopholes and more complex information security risks. As society is still trying to transition to a new phase to adapt to technological changes, the AI revolution continues to unfold, necessitating a reconsideration of the trajectory of societal transformation as it could exacerbate the aforementioned information security risks. Specifically, how should society evolve to keep pace with the transformative impact of the current AI technology wave? How can we manage and harness their power while ensuring information security as our presence in the virtual world increases? This article aims to shed light on and address these questions. (shrink)

Although the dream narrative, of (bio)logical necessity, originates with the dreamer, s/he typically does not know this. For the dreamer, the dream world is the real world. In this article I argue that this nightly misattribution is best explained in terms of the concept of mental ownership (e.g., Albahari, 2006; Klein, 2015a; Lane, 2012). Specifically, the exogenous nature of the dream narrative is the result of an individual assuming perspectival, but not personal, ownership of content s/he authored (i.e., “The (...) content in my head is not mine. Therefore it must be peripherally perceived”). Situating explanation within a theoretical space designed to address questions pertaining to the experienced origins of conscious content has a number of salutatory consequences. For example, it promotes predictive fecundity by bringing to light empirical generalizations whose presence otherwise might have gone unnoticed (e.g., the severely limited role of mental time travel within the dream narrative). -/- . (shrink)

Online technologies enable vast amounts of data to outlive their producers online, thereby giving rise to a new, digital form of afterlife presence. Although researchers have begun investigating the nature of such presence, academic literature has until now failed to acknowledge the role of commercial interests in shaping it. The goal of this paper is to analyse what those interests are and what ethical consequences they may have. This goal is pursued in three steps. First, we introduce the (...) concept of the Digital Afterlife Industry, and define it as an object of study. Second, we identify the politico-economic interests of the DAI. For this purpose, we develop an analytical approach based on an informational interpretation of Marxian economics. Third, we explain the practical manifestations of the interests using four real life cases. The findings expose the incentives of the DAI to alter what is referred to as the “informational bodies” of the dead, which in turn is to be seen as a violation of the principle of human dignity. To prevent such consequences, we argue that the ethical conventions that guide trade with remains of organic bodies may serve as a good model for future regulation of DAI. (shrink)

Is democracy a requirement of justice or an instrument for realizing it? The correct answer to this question, I argue, depends on the background circumstances against which democracy is defended. In the presence of thin reasonable disagreement about justice, we should value democracy only instrumentally (if at all); in the presence of thick reasonable disagreement about justice, we should value it also intrinsically, as a necessary demand of justice. Since the latter type of disagreement is pervasive in (...) class='Hi'>real-world politics, I conclude that theories of justice designed for our world should be centrally concerned with democracy. (shrink)

If each of the subtypes of autism is defined simply as constituted by a set of symptoms, then the criteria for its observation are straightforward, although, of course, some of those symptoms themselves might be hard to observe definitively. Compare with telling whether or not someone is bleeding: while it might be hard to tell if someone is bleeding internally, we know what it takes to find out, and when we have the right access and instruments we can settle the (...) issue. But matters are not so simple for the autism subtypes. For one thing, how do we settle which symptoms to group together under one heading? One key difference between “autism disorder” and “Asperger’s disorder” is that the former exhibit language delays (sometimes extreme), whereas the latter do not. But is that a sign of genuinely distinct conditions or is that an artifact of the distinct groups of subjects that Leo Kanner and Hans Asperger worked with? And in general, although there are certainly types of behavior that are taken to be indicative of autism, none by itself is taken by diagnosticians to be either necessary or sufficient for a definitive diagnosis for any of the autism subtypes. What is the diagnostician to do? This is not merely an academic issue, as many parents can attest. Are we in a situation, then, that each practitioner has his or her own “pet” signs that are the “real keys” to the diagnosis? That would suggest that the term “autistic” might meet the fate of the outdated term “neurotic,” which turned out to be a pseudo-scientific term for an inexact clumping together of unrelated phenomena. The assumption amongst specialists seems to be that we will reach the point with "autism" that we have with "water": there will be a root essence to autism whose presence or absence settles a diagnosis. If that is to be the case, however, we have to settle the level of application of the concept. Does the term apply to people who exhibit particular behaviors? Or is it possible to exhibit “autistic” behaviors without actually being autistic, because autism is instead a particular feature of the mind (as, for example, in Baron-Cohen’s “impaired theory of mind module” theory, discussed below) which usually but not necessarily has behavioral effects? Or is autism located instead in the brain, perhaps in damage to key areas, which in turn would typically have an effect on modules of the mind? Or perhaps autism is located in genetics or biology, so that some people with damage to the brain caused by accidents so that they exhibit autistic symptoms would not actually be autistic. Conversely, supposing one had an “autistic brain” but showed none of (or not a sufficient number of) the symptoms, would one not be autistic? The assumption is that the genotypes and phenotypes will line up neatly, but if they do not, what happens to the concept “autistic?” (There is an analogy in the philosophy of sex and gender: androgen insensitive individuals tend to self-identify as female and have outward female traits, but have XY chromosomes—should we go with chromosomes or self-identity in assigning sex category?) Finally, the implications for these complications for diagnosis and categorization, with the attendant social and medical implications is discussed. The typical assumption of the medical profession is that autism cannot be “cured.” That assumes that autism is not simply the symptoms. However, at the same time, the tests used to diagnose ASDs work simply from the symptoms (for example, Baron-Cohen’s Sally/Anne test, which ASD children of a certain age almost all fail, but which practically no ASD adult fails). This implies an inherent confusion over the status of the concept. I conclude that attempts to make sense of some true or accurate summary of what it is to be autistic (such as one would find in the DSM) are almost certainly misguided and will vanish into history along with “neurotic.” But as with racial terms, which are similarly shifting and perverse, the term has already passed into the public sphere and will have a lasting and dangerous influence beyond its short scientific shelf-life. (shrink)

It is often believed that the only alternative to an idealist conception of natural phenomena excludes both the presence of objective universal forms and their progression towards higher forms as the finality of processes in the natural world. Realism regarding the universal and teleological approaches regarding processes are signs of idealism. Therefore, materialism, it would seem, must conform to a nominalist and mechanical view of nature. However, an intelligent materialist reading of idealism’s classics reveals a more complex scenario. A (...) real fact is expressed in a mystical fashion in idealism’s conceptions of objective universals and teleology. This article attempts to show such a real fact in its authentic (materialist) form. With that goal in mind, the present article discusses the notion of nature’s alienation, the distinction between abstract and concrete universals, and the concept of dialectical interaction. The natural-historical emergence of a higher form of matter’s organization assimilates, as its organs, the conditions that preceded it in time, transforming itself into an active producer of such conditions. That is the secret glimpsed but not correctly understood by idealism that a consistent materialist should not ignore. (shrink)

Scholars working on Kant’s Anticipations of Perception generally attribute to him an argument that invalidly infers that objects have degrees of intensive magnitude from the premise that sensations do. I argue that this rests on an incorrect disambiguation of Kant’s use of Empfindung as referring to the mental states that are our sensings, rather than the objects that are thereby sensed. Kant’s real argument runs as follows. The difference between a representation of an empty region of space and/or time (...) and a representation of that same region as occupied by an object entails that, in addition to their extensive magnitude, objects must be represented as having a matter variable in intensive magnitude. Since it is the presence of sensation in a cognition that marks the difference between representing only the extensive magnitude of the object and the object as a whole, it is sensation that represents its intensive magnitude. (shrink)

Extended reality devices provide users with unprecedented immersive and hybrid perceptual experiences, and users will act their bodies according to the information perceived. This shows that visual perception plays a crucial role in the formation and shaping of self-perception and spatial position. Users have a strong perceptual experience of their physical presence and self-perception in the real world as a result of their avatar perspective based on visual perception in a virtual hybrid environment, as is issued by Chalmers (...) in his "Mirror Argument". However, users can still clearly differentiate their self and spatial experience between virtual and reality. To refute Chalmers' argument regarding perceptual experience in virtual reality, this article proposes a thought experiment called "Mary's Room in the Virtual Reality World" based on the experimental evidence of neuroscience. Finally, a possible future solution to this dilemma is presented. (shrink)

[Open Access.] Perceptual experiences have presentational phenomenology: we seem to encounter real situations in the course of visual experiences, for instance. The current paper articulates and defends the claim that the contents of at least some perceptual experiences are inherently presentational. On this view, perceptual contents are not always forceless in the way that, say, the propositional content that 2 + 2 = 4 is generally taken to be, as a content that may be asserted or denied or merely (...) supposed; rather, there are perceptual contents such that any mental state or episode which has the relevant content must be one in which things seem to the given subject to be a certain way. Intuitive motivation for the view is presented and an explanatory line of argument in support of it is developed: it is argued that the recognition of inherently presentational perceptual contents allows us to explain certain representational limitations to which ordinary visualizations and other forms of perceptual mental imagery are subject. Some potential objections to the position are explored, leading to further elaboration of it. (shrink)

It is a matter of fact that Europe is facing more and more crucial challenges regarding health and social care due to the demographic change and the current economic context. The recent COVID-19 pandemic has stressed this situation even further, thus highlighting the need for taking action. Active and Assisted Living technologies come as a viable approach to help facing these challenges, thanks to the high potential they have in enabling remote care and support. Broadly speaking, AAL can be referred (...) to as the use of innovative and advanced Information and Communication Technologies to create supportive, inclusive and empowering applications and environments that enable older, impaired or frail people to live independently and stay active longer in society. AAL capitalizes on the growing pervasiveness and effectiveness of sensing and computing facilities to supply the persons in need with smart assistance, by responding to their necessities of autonomy, independence, comfort, security and safety. The application scenarios addressed by AAL are complex, due to the inherent heterogeneity of the end-user population, their living arrangements, and their physical conditions or impairment. Despite aiming at diverse goals, AAL systems should share some common characteristics. They are designed to provide support in daily life in an invisible, unobtrusive and user-friendly manner. Moreover, they are conceived to be intelligent, to be able to learn and adapt to the requirements and requests of the assisted people, and to synchronise with their specific needs. Nevertheless, to ensure the uptake of AAL in society, potential users must be willing to use AAL applications and to integrate them in their daily environments and lives. In this respect, video- and audio-based AAL applications have several advantages, in terms of unobtrusiveness and information richness. Indeed, cameras and microphones are far less obtrusive with respect to the hindrance other wearable sensors may cause to one’s activities. In addition, a single camera placed in a room can record most of the activities performed in the room, thus replacing many other non-visual sensors. Currently, video-based applications are effective in recognising and monitoring the activities, the movements, and the overall conditions of the assisted individuals as well as to assess their vital parameters. Similarly, audio sensors have the potential to become one of the most important modalities for interaction with AAL systems, as they can have a large range of sensing, do not require physical presence at a particular location and are physically intangible. Moreover, relevant information about individuals’ activities and health status can derive from processing audio signals. Nevertheless, as the other side of the coin, cameras and microphones are often perceived as the most intrusive technologies from the viewpoint of the privacy of the monitored individuals. This is due to the richness of the information these technologies convey and the intimate setting where they may be deployed. Solutions able to ensure privacy preservation by context and by design, as well as to ensure high legal and ethical standards are in high demand. After the review of the current state of play and the discussion in GoodBrother, we may claim that the first solutions in this direction are starting to appear in the literature. A multidisciplinary debate among experts and stakeholders is paving the way towards AAL ensuring ergonomics, usability, acceptance and privacy preservation. The DIANA, PAAL, and VisuAAL projects are examples of this fresh approach. This report provides the reader with a review of the most recent advances in audio- and video-based monitoring technologies for AAL. It has been drafted as a collective effort of WG3 to supply an introduction to AAL, its evolution over time and its main functional and technological underpinnings. In this respect, the report contributes to the field with the outline of a new generation of ethical-aware AAL technologies and a proposal for a novel comprehensive taxonomy of AAL systems and applications. Moreover, the report allows non-technical readers to gather an overview of the main components of an AAL system and how these function and interact with the end-users. The report illustrates the state of the art of the most successful AAL applications and functions based on audio and video data, namely lifelogging and self-monitoring, remote monitoring of vital signs, emotional state recognition, food intake monitoring, activity and behaviour recognition, activity and personal assistance, gesture recognition, fall detection and prevention, mobility assessment and frailty recognition, and cognitive and motor rehabilitation. For these application scenarios, the report illustrates the state of play in terms of scientific advances, available products and research project. The open challenges are also highlighted. The report ends with an overview of the challenges, the hindrances and the opportunities posed by the uptake in real world settings of AAL technologies. In this respect, the report illustrates the current procedural and technological approaches to cope with acceptability, usability and trust in the AAL technology, by surveying strategies and approaches to co-design, to privacy preservation in video and audio data, to transparency and explainability in data processing, and to data transmission and communication. User acceptance and ethical considerations are also debated. Finally, the potentials coming from the silver economy are overviewed. (shrink)

_ Source: _Volume 25, Issue 1, pp 5 - 35 In this essay, I place Buber’s thought in dialogue with Eckhart. Each understood that the theopoetic propensity to imagine the transcendent in images is no more than a projection of our will to impute form to the formless. The presence of God is made present through imaging the real, but imaging the real implies that the nonrepresentable presence can only be made present through the absence of (...) representation. The goal of the journey is to venture beyond the Godhead in light of which all personalistic depictions of the divine person are rendered idolatrous. Perhaps this is the most important implication of Eckhart’s impact on Buber, an insight that may still have theopolitical implications in a world where too often personifications of the God beyond personification are worshipped at the expense of losing contact with an absolute person that cannot be personified absolutely. (shrink)

If I see, hear, or touch a sparrow, the sparrow seems real to me. Unlike Bigfoot or Santa Claus, it seems to exist; I will therefore judge that it does indeed exist. The “sense of existence” refers to the kind of awareness that typically grounds such ordinary judgments of existence or “reality.” The sense of existence has been invoked by Humeans, Kantians, Ideologists, and the phenomenological tradition to make substantial philosophical claims. However, it is extremely controversial; its very existence (...) has been called into question. This paper aims to clarify the nature and reality of the sense of existence by studying a psychiatric condition in which the sense appears to be disrupted: depersonalization disorder (DPD). (shrink)

Abstract: This research explores the application of artificial neural networks (ANNs) in predicting cancer using a synthetically generated dataset designed for research purposes. The dataset comprises 10,000 pseudo-patient records, each characterized by gender, age, smoking history, fatigue, and allergy status, along with a binary indicator for the presence or absence of cancer. The 'Gender,' 'Smoking,' 'Fatigue,' and 'Allergy' attributes are binary, while 'Age' spans a range from 18 to 100 years. The study employs a three-layer ANN architecture to develop (...) a predictive model. The achieved accuracy of 97.24% and a low loss value of 0.02 indicate promising performance. Further analysis involves a comprehensive examination of the confusion matrix, precision, recall, and F1 score metrics, along with the ROC curve and AUC score, to provide a detailed understanding of the model's strengths and weaknesses. Additionally, considerations for cross-validation, hyperparameter tuning, and interpretability are discussed. It is emphasized that while the synthetic nature of the dataset allows for controlled experimentation, results should be cautiously interpreted and validated on authentic clinical data before extrapolation to real-world medical scenarios. This research serves as a valuable contribution to the exploration of predictive models for cancer detection, encouraging continued investigation and development in the field. (shrink)

Nagarjuna and Quantum physics. Eastern and Western Modes of Thought. Summary. The key terms. 1. Key term: ‘Emptiness’. The Indian philosopher Nagarjuna is known in the history of Buddhism mainly by his keyword ‘sunyata’. This word is translated into English by the word ‘emptiness’. The translation and the traditional interpretations create the impression that Nagarjuna declares the objects as empty or illusionary or not real or not existing. What is the assertion and concrete statement made by this interpretation? That (...) nothing can be found, that there is nothing, that nothing exists? Was Nagarjuna denying the external world? Did he wish to refute that which evidently is? Did he want to call into question the world in which we live? Did he wish to deny the presence of things that somehow arise? My first point is the refutation of this traditional translation and interpretation. 2. Key terms: ‘Dependence’ or ‘relational view’. My second point consists in a transcription of the keyword of ‘sunyata’ by the word ‘dependence’. This is something that Nagarjuna himself has done. Now Nagarjuna’s central view can be named ‘dependence of things’. Nagarjuna is not looking for a material or immaterial object which can be declared as a fundamental reality of this world. His fundamental reality is not an object. It is a relation between objects. This is a relational view of reality. Reality is without foundation. Or: Reality has the wide open space as foundation. 3. Key terms: ‘Arm in arm’. But Nagarjuna did not stop there. He was not content to repeat this discovery of relational reality. He went on one step further indicating that what is happening between two things. He gave indications to the space between two things. He realised that not the behaviour of bodies, but the behaviour of something between them may be essential for understanding the reality. This open space is not at all empty. It is full of energy. The open space is the middle between things. Things are going arm in arm. The middle might be considered as a force that bounds men to the world and it might be seen as well as a force of liberation. It might be seen as a bondage to the infinite space. 4. Key term: Philosophy. Nagarjuna, we are told, was a Buddhist philosopher. This statement is not wrong when we take the notion ‘philosophy’ in a deep sense as a love to wisdom, not as wisdom itself. Philosophy is a way to wisdom. Where this way has an end wisdom begins and philosophy is no more necessary. A.N. Whitehead gives philosophy the commission of descriptive generalisation. We do not need necessarily a philosophical building of universal dimensions. Some steps of descriptive generalisation might be enough in order to see and understand reality. There is another criterion of Nagarjuna’s philosophy. Not his keywords ‘sunyata’ and ‘pratityasamutpada’ but his 25 philosophical examples are the heart of his philosophy. His examples are images. They do not speak to rational and conceptual understanding. They speak to our eyes. Images, metaphors, allegories or symbolic examples have a freshness which rational ideas do not possess. Buddhist dharma and philosophy is a philosophy of allegories. This kind of philosophy is not completely new and unknown to European philosophy. Since Plato’s allegory of the cave it is already a little known. The German philosopher Hans Blumenberg has underlined the importance of metaphors in European philosophy. -/-. (shrink)

This paper is the first major and a thorough study on the Merger & Acquisition (M&A) activities in Vietnam’s emerging market economy, covering almost entirely the M&A history after the launch of Doi Moi. The surge in these activities since mid-2000s by no means incidentally coincides with the jump in FDI and FPI inflows into the nation. M&A industry in Vietnam has its socio-cultural traits that could help explain economic happenings, with anomalies and transitional characteristics, far better than even the (...) most complete set of empirical data. Proceeds from the sales of existing assets and firms have mainly flowed into the highly speculative industries of securities, banking, non-bank financials, portfolio investments and real estates. The impact of M&A on Vietnam’s long-term prosperity is thus highly questionable. An observable high degree of volatility in the M&A processes would likely blow out the high ex ante expectations by many speculators, when ex post realizations finally arrive. The effect of the past M&A evolution in Vietnam has been indecisively positive or negative, with significant presence of rent-seeking and likelihood of causing destructive entrepreneurship. From a socio-economic and cultural view, the degree of positive impacts may result in domestic entrepreneurship which will perhaps be the single most important indicator. (shrink)

In the 1951 Gibbs lecture, Gödel asserted his famous dichotomy, where the notion of informal proof is at work. G. Priest developed an argument, grounded on the notion of naïve proof, to the effect that Gödel’s first incompleteness theorem suggests the presence of dialetheias. In this paper, we adopt a plausible ideal notion of naïve proof, in agreement with Gödel’s conception, superseding the criticisms against the usual notion of naïve proof used by real working mathematicians. We explore the (...) connection between Gödel’s theorem and naïve proof so understood, both from a classical and a dialetheic perspective. (shrink)

Citation:Christodoulou, Marina. “Technopolis as the Technologised Kingdom of God. Fun as Technology, Technology as Religion in the 21st Century. God sive Fun.” Cahiers d'études germaniques N° 74, 2018. La religion au XXIe siècle - Perpectives et enjeux de la discussion autour d'une société post-séculière. Études reunites par Sébastian Hüsch et Max Marcuzzi, 119-132. -/- -------- -/- Neil Postman starts his book Technopoly: The Surrender of Culture to Technology (1993)1 with a quote from Paul Goodman’s New Reformation: “Whether or not it (...) draws on new scientific research, technology is a branch of moral philosophy, not of science.” (Postman 1993: motto; Goodman 2010: 40). I would extend Postman’s Technopoly to Technopolis, to give it more of a presence in time and space. Hence, I will use the term Technopoly when I am referring to Postman; the term Technopolis is my own. -/- In his book From Faith to Fun: The Secularisation of Humour, Russel Heddendorf argues that humour is a technology (Heddendorf 2009: 32-34), as it is understood and theorized by Neil Postman in Technopoly. Russel Heddendorf also argues that “Technopoly” is a term correlated with Wittgenstein’s use of the term “worldview” (Weltanschauung) (Heddendorf 2009: 11). -/- I would like to draw on these thoughts to propose that Technopoly (or Technopolis) could be the secularized Kingdom of God, namely that Technology is the Religion of the 21st century, and that Fun is a paradigm of such a Technology / Technique. God is yet another technique or Technology of and in Technopoly. -/- The godless individual in the 21st century, I will argue, is as much a believer as the faithful in the Sacred Religion (term used in opposition to Secular or rather Technological or Technologized Religion, which is Fun). He believes in Fun (as a post-modern form of pleasure), as much as the believer believes, or more accurately, believed in God. In the 21st century, the faithful in Sacred Religion believes in a fun God, as opposed to the serious God of the past. Fun is turning into the Technologized Religion for all; for the faithful in Godly / Sacred Religion, as well for as the unfaithful. Fun (pleasure, humour) is the definitive qualia of 21st century pleasure. The mechanics of Fun make it absolutely functional for controlling people; as Aldous Huxley wrote in Brave New World, people “are controlled by inflicting pleasure” (cited in Heddendorf 2009: 158). Now, indulging in pleasure is having Fun. In the 21st century, nobody is unfaithful, nobody disputes God, because God has been manufactured into Fun. We are living in the most religious century of all. -/- The commodity of God, now inextricably blended into work and leisure ethics and culture, is as unavoidable as survival. You don’t work, you don’t survive, you don’t exist. You work, you are entitled to leisure, or free time – the time (“busy-time”) when you are busy is work. The free time of leisure (“fun-time”) is a time for fun (pleasure). The time dedicated to Fun is culturally (capitalistically) pre-defined; no moment is actually free, each moment that is sold as free is to be bought with Work Time tokens –which is money. Believe is Enjoy. Happiness, achieved through pleasure, and pleasure through Fun, and Life as Play, is the recipe for Teleology in the 21st century. -/- The Technological God (Fun), as the Sacred God before him, is sovereignty’s technique or a social “mode of release”: demonstrations, marches, petitions, freedom of speech, citizen and human rights vindications, are “modes of release”, so that the next day, feeling relieved and released that you are working for a better life and a better world, you can wake up cheerfully to walk to your workplace, feeling it will change because of your marching, or your petition, or your speech, or the mass you attended, or the prayer you said yesterday. Thus life continues unchanging, through postponing hope; the tension of the tragedy is always released (lysis) in catharsis: refreshment for the next day of work. Art, especially cinema, (namely, simulated life) follows the same cathartic principles as real life. Thus, you can keep coping, and hoping in the meantime is of much help. Religion, Art, Science, Therapy, and Technology are all technologies used to market life, sell it or lend it, and humans are buying it back. Fun is free to produce, and expensive to buy. (shrink)

The Presocratic philosopher Heraclitus quoted an ancient Greek proverb, “Absent while present.” This paper argues that social technology, which makes us present to those absent, also makes us absent to those present. That is, technology connects our attentions to our virtual community of friends but in doing so it disconnects our attentions from those about us. Because we are finite beings, who dwell wherever our attentions reside, there is a real conflict between the connectivity of social technology and bodily (...) communion with those about us. The interpersonal presence afforded by social technology is a presence purchased at a price: the absence of the body. What social technology is incapable of achieving is bodily presence, and bodily presence is needed for intimacy and friendship. (shrink)

We can share experiences with a person online, but the experiences seem thin when compared with face-to-face experiences. Online adventures (social networking, gaming) can certainly strengthen friendship bonds that were forged in more embodied interactions, but can they create those bonds? The kind of presence required for deep friendship does not seem cultivated in many online interactions. Presence in friendship requires “being with” and “doing for” (sacrifice). The forms of “being with” and “doing for” on social networking sites (...) (or even in interactive gaming) seem trivial because the stakes are very low. More important, the “shared space” of digital life is disembodied space. We cannot really touch one another, smell one another, detect facial expressions or moods, and so on. Real bonding is more biological than psychological and requires physical contact. The emotional entanglement of real friendship produces oxytocin and endorphins in the brains and bodies of friends — cementing them together in ways that are more profound than other relationships. -/- It is possible that virtual reality and augmented reality technology will soon be able to generate such friendship-forming experiences. Having embodied adventures with another person — even in a V.R. suit — is more likely to trigger the deeper oxytocin-based bonding. Current social networking, however, seems to privilege the shallow triggers of the brain’s reward system (dopamine squirts in the ventral tegumental area). (shrink)

The objective of this document is to present three introductory notes on set theory: The first note presents an overview of this discipline from its origins to the present, in the second note some considerations are made about the evaluation of reasoning applying the first-order Logic and Löwenheim's theorems, Church Indecidibility, Completeness and Incompleteness of Gödel, it is known that the axiomatic theories of most commonly used sets are written in a specific first-order language, that is, they are developed within (...) the framework of first-order logic, so this note is relevant; and the third note refers to the presence of mathematical platonism in the axioms of ZFC and in the axioms of "complete ordered field", it is known that the last axioms mentioned characterize (except isomorphism) the real number system and are currently used to develop the real Analysis in the context of set theory. It is hoped that this article will be of pedagogical utility for students interested in set theory and in the philosophy of mathematics (that are beginning in the subject). (shrink)

The coronavirus pandemic, like its predecessors - AIDS, Ebola, etc., is evidence of the evolutionary instability of the socio-cultural and ecological niche created by mankind, as the main factor in the evolutionary success of our biological species and the civilization created by it. At least, this applies to the modern global civilization, which is called technogenic or technological, although it exists in several varieties. As we hope to show, the current crisis has less ontological as well as epistemological roots; its (...) reason lies in the main evolutionary trends in the development of science as a social institution. It was only later that epistemological factors were transformed into existential-ontological factors associated with the asymmetry of the existence of civilization and our biosocial nature. The perception or ignorance of a risk factor as a real fact is determined by the presence or absence of knowledge about it. In other words, risk is the result of the integration of the corresponding ontological concept into the general categorical structure. The plurality of such structures is a hallmark of multidisciplinary ontologies, each of which is associated with its own factual continuum. The aim of this study was to conceptually model for support relativistic parameter of evolutionary efficiency of stable evolutionary human strategy (SESH) in its techno-rationalistic module. The meaning of this term is equivalent to the category of scientific and technological development. (shrink)

In this paper, I present the difficulty in the phenomenology of explaining the constitution of objectivities in consciousness. In the context of phenomenological reduction, constitution has to be understood as unveiling the universal and necessary essences. Recognized by Husserl in Ideas I and named as functional problems, the constitution of objectivities refers at first to individual consciousness, and then to an intersubjective one. In Ideas II, the phenomenologist explains how the constitution of nature, psyche, and spirit occurs. This process begins (...) by assuming three premises: the ontological realism, the regularity of nature, and the transcendental idealism. In this process, the ego, apart from constituting objects (the body, the psyche, and the others), constitutes itself. The objects of material reality are constituted through aesthetic synthesis which unifies singularities and contextualizes the lived experience. The body, as a perceptive organ, perceives the exterior, and the location of the sensory stimulus is the soul. The soul is a real and transcendent object, which is linked to physical things that are constituted in a solipsistic way or intersubjectively. Empathy allows the subject to recognize the consciousness of the alter ego as capable of spontaneous movements and actions, a co-presence sharing the same horizons. Thus, through the theoretical attitude, the physical world is perceived, and through the spiritual attitude the spiritual world is perceived, a living world shared by free intelligent beings. For this, intersubjectivity fulfills a fundamental role, because only in the relationship with the other does the identity of the objects, of the other, and of the self become evident. (shrink)

This research aimed to explain the defense of oral interactions in the presence of information and communication technologies such as WhatsApp (WA) as well as to explore some of the positive contributions of WA used in building the Real Life Communication, especially in the learning environment. By applying the Exploratory design, this research involved 4 participants from various educational backgrounds as a purposively selected data source indicated as WA users at once. Data were collected through Focus Group Discussion, (...) Interview, and Observation and analyzed by several stages i.e. data reduction, displaying data, categorizing, and verifying and concluding. The results showed that oral interactions can decrease both in the language community and learning environment as the dominant use of WA that is not wise. Nevertheless, the use of WA applications also had some positive contributions in building a real relationship. Finally, the assumption that the negative impact of using the WA application should be able to change the mindset and positive attitude of the scholars in initiating and defending an oral interaction in the learning environment. (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)

It could be argued that tort law is failing, and arguably an example of this failure is the recent public liability and insurance (‘PL&I’) crisis. A number of solutions have been proposed, but ultimately the chosen solution should address whatever we take to be the cause of this failure. On one account, the PL&I crisis is a result of an unwarranted expansion of the scope of tort law. Proponents of this position sometimes argue that the duty of care owed by (...) defendants to plaintiffs has expanded beyond reasonable levels, such that parties who were not really responsible for another’s misfortune are successfully sued, while those who really were to blame get away without taking any responsibility. However people should take responsibility for their actions, and the only likely consequence of allowing them to shirk it is that they and others will be less likely to exercise due care in the future, since the deterrents of liability and of no compensation for accidentally self-imposed losses will not be there. Others also argue that this expansion is not warranted because it is inappropriately fueled by ‘deep pocket’ considerations rather than by considerations of fault. They argue that the presence of liability insurance sways the judiciary to award damages against defendants since they know that insurers, and not the defendant personally, will pay for it in the end anyway. But although it may seem that no real person has to bear these burdens when they are imposed onto insurers, in reality all of society bears them collectively when insurers are forced to hike their premiums to cover these increasing damages payments. In any case, it seems unfair to force insurers to cover these costs simply because they can afford to do so. If such an expansion is indeed the cause of the PL&I crisis, then a contraction of the scope of tort liability, and a pious return to the fault principle, might remedy the situation. However it could also be argued that inadequate deterrence is the cause of this crisis. On this account the problem would lie not with the tort system’s continued unwarranted expansion, but in the fact that defendants really have been too careless. If prospective injurers were appropriately deterred from engaging in unnecessarily risky activities, then fewer accidents would ever occur in the first place, and this would reduce the need for litigation at its very source. If we take this to be the cause of tort law’s failure then our solution should aim to improve deterrence. Glen Robinson has argued that improved deterrence could be achieved if plaintiffs were allowed to sue defendants for wrongful exposure to ongoing risks of future harm, even in the absence of currently materialized losses. He argues that at least in toxic injury type cases the tortious creation of risk [should be seen as] an appropriate basis of liability, with damages being assessed according to the value of the risk, as an alternative to forcing risk victims to abide the outcome of the event and seek damages only if and when harm materializes. In a sense, Robinson wishes to treat newly-acquired wrongful risks as de-facto wrongful losses, and these are what would be compensated in liability for risk creation (‘LFRC’) cases. Robinson argues that if the extent of damages were fixed to the extent of risk exposure, all detected unreasonable risk creators would be forced to bear the costs of their activities, rather than only those who could be found responsible for another’s injuries ‘on the balance of probabilities’. The incidence of accidents should decrease as a result of improved deterrence, reduce the ‘suing fest’, and so resolve the PL&I crisis. So whilst the first solution involves contracting the scope of tort liability, Robinson’s solution involves an expansion of its scope. However Robinson acknowledges that LFRC seems prima facie incompatible with current tort principles which in the least require the presence of plaintiff losses, defendant fault, and causation to be established before making defendants liable for plaintiffs’ compensation. Since losses would be absent in LFRC cases by definition, the first evidentiary requirement would always be frustrated, and in its absence proof of defendant fault and causation would also seem scant. If such an expansion of tort liability were not supported by current tort principles then it would be no better than proposals to switch accident law across to no-fault, since both solutions would require comprehensive legal reform. However Robinson argues that the above three evidentiary requirements could be met in LFRC cases to the same extent that they are met in other currently accepted cases, and hence that his solution would therefore be preferable to no-fault solutions as it would only require incremental but not comprehensive legal reform. Although I believe that actual losses should be present before allowing plaintiffs to seek compensation, I will not present a positive argument for this conclusion. My aim in this paper is not to debate the relative merits of Robinson’s solution as compared to no-fault solutions, nor to determine which account of the cause of the PL&I crisis is closer to the truth, but rather to find out whether Robinson’s solution would indeed require less radical legal reform than, for example, proposed no-fault solutions. I will argue that Robinson fails to show that current tort principles would support his proposed solution, and hence that his solution is at best on an even footing with no-fault solutions since both would require comprehensive legal reform. (shrink)

Thought (νοῦς) for Aristotle is ‘that whereby the soul thinks and judges.’ This identity, however, ‘is not actually any real thing before thinking’ (ἐνεργείᾳ τῶν ὄντων πρὶν νοεῖν) and, thus, cannot reasonably be regarded as blended with the body and cannot acquire any quality or have any organ. (So., Γ, 4, 429a22-27) In fact, Aristotle defines thought more with a capability: ‘That which is capable of receiving the object of thought, i.e. the substance, is thought.’ (Met., Λ, 1072b22-23) Thought (...) is not blended with and, thus, is separable from body. (So., Γ, 4, 429b4-5) This separability, however, belongs only to the active thought. (So., Γ, 5, 430a17-19) A. Nature of thought ‘Since everything is a possible object of thought,’ Aristotle believes, as Anaxagoras believed before him, in order to know things, mind ‘must be pure from all admixtures.’ The reason for this being that ‘the co-presence of what is alien to its nature is a hindrance and a block.’ Therefore, thought ‘can have no nature of its own other than that of having a certain capacity.’ (So., Γ, 4, 429a18-22) B. Thought elements A thought element, i.e. an element/object in thought or a concept (νόημα) has the following features: 1. Every thought element or concept (νόημα) is single (ἓν). This singularity is not restricted to substances because the concept of any other thing is single as well. (Met., A, 990b22-27) 2. Concepts (νόηματα) of thought are either simple or complex. Simple concepts do not involve truth or falsity but complex ones do. Aristotle speaks of ‘thoughts without co-positing and positing away’ (ἄνευ συνθέσεως καὶ διαίρέσεως νοήματι) to which nouns and verbs are similar. (OI., I, 1, 16a13-14) In OI., I, 1, 16a9-11 Aristotle does not use the words simple or complex but his assertion implies them: ‘As there are in the mind thoughts (νόημα) which do not involve truth or falsity, and also those which must be either true or false, so it is in speech.’ 3. The copula-is has no corresponding concept in thought: ‘For neither are ‘to be’ and ‘not to be’ the participle ‘being’ significant of any fact, unless something is added; for they do not themselves indicate anything, but imply a copulation, of which we cannot form a conception apart from the things coupled.’ (OI., I, 3, 16b22-25) C. Thought and its objects To understand Aristotle’s theory of thought, we have two differentiations, one between objects of thought and one in thought itself. Everything that might be posited in front of our thought and be thought as a possible object of thought we call object I (to distinguish it from what we call object II). Therefore, everything in the world is an object I of thought. These objects are in the sensible forms, viz. both the abstract objects and all the states and affections of sensible things. (So., Γ, 8, 432a3-6) These objects might be either composite, containing matter and form, or simple and matterless. When they are thought, we will have them in thought but not necessarily as they are in the world, i.e. as object I, but as something else, which we call object II. This is supposed to make the difference between object I and object II clear: object I is in the world and object II is its corresponding object in our thought. These two kinds of objects are neither necessarily the same nor necessarily different. Objects I are of two kinds: matterful and matterless. Whereas a matterful object I is necessarily different from its corresponding object II (So., Γ, 4, 430a6-9), a matterless object I is not different from its corresponding object II. (So., Γ, 4, 430a2-5; Met., Λ, 1075a3-4) Object II must thus be understood as the form of object I: ‘The thinking part of the soul must therefore be, while impassible, capable of receiving the form of an object; that is, must be potentially identical in character with its object without being the object.’ (So., Γ, 4, 429a13-16) Thought has no nature by its own and is all potentiality before thinking. (cf. So., Γ, 4, 429b6-10) Let’s call this the first potentiality of thought. This potentiality is the potentiality of a tabula rasa: ‘Thought is in a sense potentially whatever is thinkable, though actually it is nothing until it has thought? What it thinks must be in it just as characters may be said to be on a writing-table on which as yet nothing actually stands written: this is exactly what happens with thought.’ (So., Γ, 4, 429b29-430a2) Thought is then all dependent on its objects. By thinking on objects I, objects II are formed in thought. Now thought is nothing but its objects II which are necessarily matterless objects (Met., Λ, 1075a5-7): ‘In every case the thought which is actively thinking is the objects which it thinks.’ (So., Γ, 7, 431b16-17) Thought is the same as its objects II and in the case of matterless objects I, it is the same as its objects I. (Met., Λ, 1075a3-5) This thought is actual compared to its first potentiality: while it was all potentiality in its first potentiality, it now contains some objects II and is then actual. It seems we must interpret Aristotle based on this sense of actuality when he calls a thought possessing object as active: ‘For that which is capable of receiving the objects of thought, i.e. the substance, is thought. And it is active when it possesses this object.’ (Met., Λ, 1072b22-23) This thought, however, is called passive thought due to a second potentiality: ‘When thought has become each thing in the way in which a man who actually knows is said to do so (this happens when he is now able to exercise the power on his own initiatives). Its condition is still one of potentiality, but in a different sense from the potentiality which preceded the acquisition of knowledge by learning or discovery; and thought is then able to think of itself.’ (So., Γ, 4, 429b6-10) It is this thought in its second potentiality that Aristotle calls passive thought distinguishing it from active thought: ‘And in fact thought … is what it is by virtue of becoming all things, while there is another which what it is by virtue of making all things: this is a sort of positive state like light; for in a sense light makes potential colors into actual colors.’ (So., Γ, 5, 530a14-17) These two thoughts have a relationship like the relationship between matter and productive cause: ‘Since in every class of things, as in nature as a whole, we find two factors involved, a matter which is potentially all the particulars included in the class, a cause which is productive in the sense that it makes them all (the latter standing to the former, as e.g. an art to its material), these elements must likewise be found within the soul.’ (So., Γ, 5, 430a10-14) To understand Aristotle’s sense of active thought we must consider his theory of thinking. (shrink)

Architecture and Deconstruction Case of Peter Eisenman and Bernard Tschumi -/- Introduction Towards deconstruction in architecture Intensive relations between philosophical deconstruction and architecture, which were present in the late 1980s and early 1990s, belong to the past and therefore may be described from a greater than before distance. Within these relations three basic variations can be distinguished: the first one, in which philosophy of deconstruction deals with architectural terms but does not interfere with real architecture, the second one, in (...) which a collaboration between Jacques Derrida and a group of architects interested in his concepts is commenced, and the third one, in which completed or only designed objects or new concepts of deconstruction created by architects gain their supremacy over philosophy. The following book analyses these three possible ways, first of all with the reference to Peter Eisenman and Bernard Tschumi. -/- Peter Eisenman -/- Misreading… and Other Errors -/- The issue of relations between Peter Eisenman’s work and philosophy of deconstruction may be referred to his activity more than ten years preceding his direct collaboration with Jacques Derrida (in 1985) and organisation of the exhibition Deconstructivist Architecture at Museum of Modern Art in New York (in 1988). As soon as at the stage of designing the first houses (House I-III, 1967-1970), which almost entirely inscribed in formalistic aesthetics of Modernism, the architect analysed the problem of architecture dependence on its assumptions. All his later designs may be treated as consequence of this initial interest in relations between practice and theory, and at the same time as an introduction to manipulations later on led at the level of metaphysics of architecture. Beginning with the issue of presence, considered in comments to House VI (1972), the number of ideas having their analogies in philosophy of deconstruction increased. The text entitled The End of the Classical: The End of the Beginning, The End of the End (1984), in which Eisenman criticised questions of representation in architecture, its delusive strive for truth and comparably unattainable attempts at ultimate definition of elementary rules, should be acclaimed the breaking point. This attitude was extended by numerous strategies disturbing architecture rules defined at metaphysical level in an essay Moving Arrows, Eros, and Other Errors: an Architecture of Absence (1986). The issue of Eisenman’s passage from formalism to deconstruction has already been much discussed in the literature (Rosalind Krauss, Thomas Patin among others), still it should be mentioned that the threads similar to Derrida’s concept included in Eisenman’s writing reveal untranslatability of architecture and philosophy. -/- Choral Works or Separate tricks -/- In 1985-1986 a series of seven disputes between Jacques Derrida and Peter Eisenman took place. The pretext for them were designs concerning Parc de la Villette in Paris. The situation of many months of collaboration between a notable philosopher of the second half of the 20th c. and an architect that already had a huge theoretical oeuvre, ended up with a publication of a large volume entitled Chora L Works and it became at the same time a vast study area for historians of contemporary architecture and philosophers. Derrida’s contribution to concept works were his considerations over the idea of chôra, the properties related to this concept were about to be reflected in shapes of the park. Therefore, Chora L Works became an example of the abilities of contemporary art, both in its capability of translation from philosophical ideas to artistic forms and its resistance to tradition of representing in architecture some phenomena and values originating outside this discipline. In the final period of their collaboration both interlocutors started to polemicise with each other more decidedly, what became a separate part of their thought exchange. The exchange of letters between Derrida and Eisenman at the turn of 1989 ended up the period of their direct contacts, nevertheless, at this time precisely a large group of experts in issues of deconstruction joined the discussion and extended the revealed in the former dispute problems into more than ten years of further considerations and publications. Except for a long text by Jeffrey Kipnis, who had participated in the meetings of the philosopher and the architect, there appeared also comments of researchers of artistic theories (K. Michael Hays, Thomas Patin), philosophers (Andrew Benjamin), and even experts in Greek literature (Maria Theodorou or Ann Bergren). Following these debates a contemporary reflection on architecture has saturated with indeed numerous concepts originating in philosophy of deconstruction. -/- Architecture which imitates mute philosophy -/- The series of Jacques Derrida and Peter Eisenman meetings, which took place in the period of 1985-1987, induced many authors to make comments. Some of them (Jeffrey Kipnis, Ann Bergren, Maria Theodorou) developed the subject of chôra which was introduced to the discussion by Derrida. The problem that was about to be solved was the question of tying up the concept of chôra with architecture, including Eisenman’s architecture and the series of meetings within frames of Chora L Works project. Kipnis on this occasion paid attention to chôra and its character of anachronia which infects any being created within chôra. In other words any event has its counterpart (analogon) in another, earlier event. He demonstrated the similarity of structure of many events and statements from the times of Derrida and Eisenman’s meetings to the almost identical behaviour of figures in Plato’s dialogue Timaeus. The loss of beginning present in this phenomenon was appropriate to both features of chôra and the effects of typical analyses of philosophy of deconstruction. Bergren’s analyses focused on accentuating gender of chôra, which, according to this author, had been neglected hitherto in discussions. She collated chôra descriptions with characteristics of women in myths, early Greek epic and philosophy and she arrived at a conclusion that chôra has features of a single woman and a married one at the same time. And yet Theodorou’s studies showed that in the Homeric epics chôra is not treated as an idea but is related with single things and events. The other part of the comments (represented by Andrew Benjamin and K. Michael Hays’ utterances) concerns Eisenman’s attitude to tradition which was treated as a variety of iteration understood philosophically. Benjamin commenced his considerations at the point of closeness between a definition of tradition and a concept of chôra understood as perpetuation (placement). A problematic issue was for him Eisenman’s complex relation to tradition based on its contest and affirmation at the same time. Overcoming the simple subordination to tradition – according to Benjamin – was based on awareness of the role of repetition in culture not known before. Hays made an attempt to explain the pleasure and torment of repetition with the support of Sigmund Freud and Roland Barthes’ concepts. According to Hays repetitions are attempts of a single being to a certain primal state perceived as free of any tension. In a similar way Rosalind Krauss explained a motif of a grate present in Modernistic art and also exceptionally frequent in Eisenman’s work. -/- Annex Architecture is still writing Balzac novels. Peter Eisenman and literature -/- Architecture’s approach to writing, script or literature, present within Peter Eisenman’s work, is an exceptional phenomenon, furthermore a complex one. The article considers four possible relations. The first one relates to Eisenman’s characteristics as a person extremely gifted with the ability to wordplay, which very ‘play’ reveals skills to create architectural images. In the second approach the attention has been paid to Eisenman’s interests – in the first period of his oeuvre – in linguistic works by Noam Chomsky and his transformational-generative grammar. The third kind of relations applied to overcoming the need for autonomy of architecture (and of modernist aesthetics at the same time) and renew interests in questions of meaning in architecture. The fourth sort of relations occurred when Eisenman started to create reflections of historic or literary narrations in architecture – ‘stone stories’ and architectural fictions of their kind. -/- Bernard Tschumi -/- From perversion to deconstruction In Bernard Tschumi’s writings from the 1970s and 1980s we can find a transposition of important threads of post-structuralist ideas deriving from Georges Bataille, Roland Barthes and Jacques Derrida’s works. The analysis of the architect’s writings also shows roots in Phillippe Sollers, Michel Foucault and Denis Hollier’s works. The analysis of borrowed elements from the beginnings of Tschumi’s theoretical activity may be helpful in explaining the contents of his later writings motre inspired by philosophy of deconstruction. The set of his earliest views was inspired by Marxism, Neo Marxism and French Structuralism, mainly by the writings of Henri Levebre and Guy Debord. From the thought of Levebre Tschumi took interest for city as not only a question of urbanistics but also a political issue. From Debord’s concepts he borrowed a conviction about the role of situational violation for changes in the society structure. Some of these beliefs were preserved in his own concepts of architecture as an event. From this period derived also his will to change conservative elements of social structure not by means of political revolution but of theoretical and creative activity. Tschumi acknowledged that the effective way of the proceedings towards achieving his aims would be accepting the role of both a critical intellectualist and architecture expert who would not hide away his left-wing orientation. The speculations defined by the architect as ‘revolting analyses’ were about to characterise contradictions which tear the society apart, penetrate architecture and constitute the basis of culture. Spreading away of the conscience of false assumptions hidden away in various disciplines could have weakened cohesion of a conservative society and influence the will to change among the elites. This way the beginnings of political revolution were rooted in philosophy of architecture. In 1977 Tschumi published his text entitled The Pleasure of Architecture inspired by Roland Barthes’s The Pleasure of the Text, it also included some concepts derived from Georges Bataille and Jacques Derrida. First of all the author used Barthes’s concept which made an assumption that literary activity is pervaded by the spirit of resistance towards social rules, and Tschudi transferred this remark onto architecture. From the ideas of Bataille, acquainted via Holier’s work, he derived his belief that two concepts of space, a conceptual one (defined as Pyramid) and a sensual one (defined as Labirynth), not losing their distinct features, they join in the concept of experienced space which exceeds contradictions. The exceeding itself was defined as the basic rule of architecture and it was referred to situations in which architecture not only negates social needs, but also disavows its own tradition. Crossing the borders applies not only to political issues or permanent rules of the very discipline but also interfering with other fields (especially literature and film). The fact that architecture is associated with organising events turned Tschumi’s attention to questions of violence that result from upsetting architectural order of a given building by its users and the one hand, and on the other from forcing the users to specific acts imposed by this very order. The analysis of the concepts used by Tschumi in his early writings indicates that they are close to definitions that would occur in his reflection in the following years influenced by philosophy of deconstruction. -/- Approaching deconstruction Tschumi in his theories developed in the 1980s presumed that the current social world had undergone a deep process of decay, and the reaction against which ought to be based on ordering-up actions, and also preserving the main outline of disintegration of the whole and its elements in the state of conflict. The statements concerning the nature of the contemporary to Tschumi social relations were applied by him to the world of architecture, this led him to coming up with designing strategies that took into consideration the destabilised character of conditions in which works of architecture were created. New ways of conduct invented by Tschumi drew their inspiration from literature and research on literature, psychoanalysis, structural linguistics, structuralism and post structuralism, and eventually also deconstruction philosophy. The proposed methods were opposed by their author both to functionalism continuity trends and postmodern architecture. Tschumi’s proposals contradicted any forms of conservatism or traditionalism in political sphere as well as in reference to tendencies in architecture. They were not simple contradictions of social or architectural rules, they intrude them from the inside, weaken or escalate the already existing incongruities, they move the boundaries between the areas. Revolutionary illusions about the possibility of radical changes were replaced with strategies which completed, tainted or test former rules in the series of formal games of permutation and combination. Quite different from avant-garde formalism Tschumi’s games were not about maintaining the autonomy of a given area, but on the contrary – polluting it with other areas’ influences. Tschumi enjoyed demonstrating illusions of architecture concerning simple relations between form and function, or between form and meaning. Making use of Freud, Lacan and Foucault’s research he introduced a category of “madness” into architecture allowing an observation that the recognised norms are nothing but merely ones of many possible principles of behaviour, and their recognised status resulted from unjustified hindering innovativeness which is crucial for architecture. To reborn architecture’s capability of changing Tschumi also made use of Barthes’s discoveries concerning rules of narration and works by writers who applied in their writing knowledge on linguistics. Making a work’s author unclear by various mechanical transformations of its elements was however apparent only, and formal rigours imposed on the process of designing liberated possibilities difficult to obtain in more traditional creative action. Another mode of acting introduced by Tschumi was combining his work of elements deriving from outside architecture; joining space records with notation of motion and events accompanying architectural objects among others. These architectural and extra-architectural elements were not unified, on the contrary their heterogenous and conflictual character was stressed. This is how shock, anxiety and instability, typical for live in great metropolises, infiltrated architecture. Taking some ideas of deconstruction philosophy as a pattern Tschumi also took into critical consideration in his essays traditional in architecture oppositions between form and figuration, or theory and practice. By combining various inspirations he eventually worked out an idea of architectural event, which he understood as a series of actions contesting its own field, redefining its sources, principles and elements. An event, understood in this way, was not so much producing works as rather creating conditions of their production and at the same time designing the society different from a hierarchic one. -/- Park of deconstruction Among numerous philosophical strategies of deconstruction most frequently used was questioning the practice of strong opposition of two reasons. In many cases Bernard Tschumi’s writings just consider functioning of the conflict juxtaposition of the ideas of structure and ornament or theory and practice in history of architecture. Violation of traditional relations between terms of this kind, both old and modern, raised Jacques Derrida’s objections, when he was induced for the first time to co-operate with architects’ milieu. During this long lasting thought exchange the philosopher eventually acknowledged Bernard Tschumi’s arguments for reasoning the encroachment of architecture’s fundamental rules. Deconstruction applied in architecture was not a simple transposition or analogy of practices that had been applied by philosophy of deconstruction. We may even say that considering architectural terms became an important formula of deconstruction. Architecture understood in philosophical way became something beyond the practice and theory of its own discipline, a sort of metaphysics of both philosophy and architecture. The deliberate encroachment of simplicity of dividing architecture into theory and practice, for the first time became a clear aim for Tschumi in his drawings and texts entitled The Manhattan Transcripts. The contents of this series of works was a record of characteristic features of this New York district in such a way that not only objects were the subject of the record but also relations between objects, people and events. The record was about to take into consideration a conflict character of elements of this representation and at the same time to avoid applying to them the rule of mimetism. The record became a form of reflection over the very record by an increased control over the ways of representation. Architecture which was considered in the The Manhattan Transcripts was not directed to fulfill the needs of inhabitation or production, it was rather related with hitherto usually marginalised liminal situations: building ostentatiously big monuments, religious cult, war etc. Architecture operating in these relations focused also the attention on the included in it continuous tendency to overpass its own restrictions, the role of violence as its not recognised factor, or the meaning of excess and shock in its operation. Architecture moving from reason towards madness became even more visible in the design of Parisian Parc de la Villette, whose pavilions were defined as folies (in French it means both small park buildings and follies). The park was supposed to be on the one hand a reflection of traditional society disintegration while on the other it questioned basic rules of producing a work of architecture. The traditional rules of designing, based on ordering up, were replaced with the strategies of dysfunction and dissociation. In Tschumi’s opinion methods of this kind may be equivalent of what Derrida named différance. Instead of aiming at mergence, any diversity, plays or variations were strengthen. Tschumi’s texts, in which he explained his attitude, were completed by Derrida’s extent statement entitled Point de folie – Maintenant l’architecture. Derrida’s article is the most significant of all his statements on architecture as a form of thinking and activity. According to the philosopher, architecture should divide space (in French defined as espacement), what enables both thinking and action – it arranges the space of an event. Tschumi’s buildings, defined as folies, in an essential way destabilise any created order, and at the same time they refresh it. Derrida’s statement suggests that architecture may become both metaphor of an order merging a language or a society but also of inner forces which deconstruct and reconstruct it. Therefore architecture is at the same time a construction, a deconstruction and a reconstruction. Parc de la Villette stands out in this system with its attempt to step beyond the scheme of an easy repetition and its heading for chances of achieving more radical otherness. -/- Conclusion Destruction as construction. Paradoxes of deconstruction in architecture -/- Scepticism about persistence and common importance of fundamental values of human culture evinced in philosophers and writers’ works as early as in Greek antiquity, nevertheless it was not expressed so strongly as in the second half of the 20th century. Especially in Heidegger’s work Being and Time (although originated in 1927, still influential in all later philosophy) the following states were characterised: the state of losing the ground (Abgrund), of being out of sight (Unheimlichkeit) and of being out of dwelling (Un-zuhause-sein) – as the basis of self-confidence of conscious being there (Dasein). The entire criticism of philosophy of home and dwelling draws the inspiration from this early writing of the German philosopher, it combines crisis of basic terms of metaphysics with social conditions which are dictated by living in large metropolis. The crisis of both metaphysical foundation and home appears to be similar to the situation of weakening the relations between a man and his dwelling in extensively expanding cities. Whereas philosophy, as well as many disciplines of social sciences, have diagnosed for a long time the destabilisation of fundamental ideas of Western culture and crucial changes in the ways of dwelling, architecture itself occurred to be “the last fortress of metaphysics” (J. Derrida). Among contemporary architects, Peter Eisenman and Bernard Tschumi were the ones who engaged most decidedly in the issues of critical analysis of architecture foundation and its social role. Both the architects noticed new formulas of contemporary social and individual existence, tremendously different from the entire history, and at the same time they affirmed lack of adequacy of architecture concepts to new situations. Both Eisenman and Tschumi used to describe the existing architecture as a tool for consolidation of highly integrated and hierarchised societies, and also as a discipline extremely uncoincidental with the current character of social life based on ideas of freedom and diversity. The means to transform architecture and make a factor of further social changes out of it, was a concept that accentuated revealing the inner contradictions of this discipline, and considering them in designing strategies. Eisenman’s activity, in regard of what has just been noticed, was focused on questioning the basic rules of traditionally comprehended architecture, especially the rule of purpose. The American architect noticed that the concept of architecture as fulfilment the need of location, hides away the fact that the location has to be constantly reconsidered, and hence it is overtaken by change (dislocation). Therefore new concept of architecture propounded architectural activity to translocate the concept of location – more than before – but also to change its status perpetually. Such comprehended architecture should claim, as its main purpose, the constant revision of this purpose and create itself anew permanently. Even Eisenman’s earliest designs of houses nos. I-IV broke with such values as the sense of safety, closeness and familiarity, and just on the contrary they accentuated senses of strangeness, homelessness and loss of confidence. The contradictions within architecture noticed by Tschumi referred to combination of intellectual and sensual values in architecture, when their non-appropriation was defeated by an additional condition, namely the way of experience based on pleasure of excess, marked by insanity. The features of folly were especially visible in his designs of gardens, where the order of planning was mixed with sensual experience introduced by particular elements (both the ones created by nature, and the buildings defined as folies). Parc de la Villette designed by the French architect in Paris put in question not only the common understanding of purpose in architecture but also the ideas of order and integrity, as its plan was based on the combination of independent layers with records of grids of points, various lines and planes. The architecture that collides inadequate elements with each other was supposed to be a kind of an event with no beginning and no end. The architecture treated as an event became a form of a space weakened articulation that maintains its diversity and lack of accordance of the elements building it up. The analyses of Eisenman and Tschumi’s theoretical writings indicate how much the aims of architecture have actually changed; instead of supporting social persistence, the architecture is rather intensifying contradictions, and instead of providing people with the sense of safety, it sublimes danger. From simple acts of defamiliarisation, increasing the distance to itself and enhancing the role of theory, through discomfort, anxiety, not feeling someone at home, weirdness, excess, shock and violence, architecture reached the edge of stability and uncertainty, only to make an attempt at penetrating what is impossible and unutterable, and recording what cannot become the subject of any records. -/- . (shrink)

1.Summary The key terms. 1. Key term: ‘Sunyata’. Nagarjuna is known in the history of Buddhism mainly by his keyword ‘sunyata’. This word is translated into English by the word ‘emptiness’. The translation and the traditional interpretations create the impression that Nagarjuna declares the objects as empty or illusionary or not real or not existing. What is the assertion and concrete statement made by this interpretation? That nothing can be found, that there is nothing, that nothing exists? Was Nagarjuna (...) denying the external world? Did he wish to refute that which evidently is? Did he want to call into question the world in which we live? Did he wish to deny the presence of things that somehow arise? My first point is the refutation of this traditional translation and interpretation. 2. Key terms: ‘Dependence’ or ‘relational view’. My second point consists in a transcription of the keyword of ‘sunyata’ by the word ‘dependence’. This is something that Nagarjuna himself has done. Now Nagarjuna’s central view can be named ‘dependence of things’. Nagarjuna is not looking for a material or immaterial object which can be declared as a fundamental reality of this world. His fundamental reality is not an object. It is a relation between objects. This is a relational view of reality. This is the heart of Nagarjuna’s ideas. In the 19th century a more or less unknown Italian philosopher, Vincenzo Goberti, spoke about relations as the mean and as bonds between things. Later, in quantum physics and in the philosophy of Alfred North Whitehead we are talking about interactions and entanglements. These ideas of relatedness or connections or entanglements in Eastern and Western modes of thought are the main idea of this essay. Not all entanglements are known. Just two examples: the nature of quantum entanglements is not known. Quantum entanglements should be faster than light. That's why Albert Einstein had some doubts. A second example: the completely unknown connections between the mind and the brain. Other examples are mysterious like the connections between birds in a flock. Some are a little known like gravitational forces. 3. Key terms: ‘Arm in arm’. But Nagarjuna did not stop there. He was not content to repeat this discovery of relational reality. He went on one step further indicating that what is happening between two things. He gave indications to the space between two things. He realized that not the behaviour of bodies, but the behaviour of something between them may be essential for understanding the reality. This open space is not at all empty. It is full of energy. The open space is the middle between things. Things are going arm in arm. The middle might be considered as a force that bounds men to the world and it might be seen as well as a force of liberation. It might be seen as a bondage to the infinite space. 4. Key term: Philosophy. Nagarjuna, we are told, was a Buddhist philosopher. This statement is not wrong when we take the notion ‘philosophy’ in a deep sense as a love to wisdom, not as wisdom itself. Philosophy is a way to wisdom. Where this way has an end wisdom begins and philosophy is no more necessary. A.N. Whitehead gives philosophy the commission of descriptive generalization. We do not need necessarily a philosophical building of universal dimensions. Some steps of descriptive generalization might be enough in order to see and understand reality. There is another criterion of Nagarjuna’s philosophy. Not his keywords ‘sunyata’ and ‘pratityasamutpada’ but his 25 philosophical examples are the heart of his philosophy. His examples are images. They do not speak to rational and conceptual understanding. They speak to our eyes. Images, metaphors, allegories or symbolic examples have a freshness which rational ideas do not possess. Buddhist dharma and philosophy is a philosophy of allegories. This kind of philosophy is not completely new and unknown to European philosophy. Since Plato’s allegory of the cave it is already a little known. (Plato 424 – 348 Befor Current Era) The German philosopher Hans Blumenberg has underlined the importance of metaphors in European philosophy. 5. Key terms: Quantum Physics. Why quantum physics? European modes of thought had no idea of the space between two this. They were bound to the ideas of substance or subject, two main metaphysical traditions of European philosophical history, two main principles. These substances and these subjects are two immaterial bodies which were considered by traditional European metaphysics as lying, as a sort of core, inside the objects or underlying the empirical reality of our world. The first European scientist who saw with his inner eye the forces between two things had been Michael Faraday (1791-1867). Faraday was an English scientist who contributed to the fields of electromagnetism. Later physicists like Albert Einstein, Niels Bohr, Erwin Schrödinger, Werner Heisenberg and others followed his view in modern physics. This is a fifth point of my work. I compare Nagarjuna with European scientific modes of thought for a better understanding of Asia. I do not compare Nagarjuna with European philosophers like Hegel, Heidegger, Wittgenstein. The principles and metaphysical foundations of physical sciences are more representative for European modes of thought than the ideas of Hegel, Heidegger and Wittgenstein and they are more precise. And slowly we are beginning to understand these principles. Let me take as an example the interpretation of quantum entanglement by the British mathematician Roger Penrose. Penrose discusses in the year of 2000 the experiences of quantum entanglement where light is separated over a distance of 100 kilometers and still remains connected in an unknown way. These are well known experiments in the last 30 years. Very strange for European modes of thought. The light should be either separated or connected. That is the expectation most European modes of thought tell us. Aristotle had been the first. Aristotle (384 - 322 Before Current Era) was a Greek philosopher, a student of Plato and a teacher of Alexander the Great. He told us the following principle as a metaphysical foundation: Either a situation exists or not. There is not a third possibility. Now listen to Roger Penrose: “Quantum entanglement is a very strange type of thing. It is somewhere between objects being separate and being in communication with each other” (Roger Penrose, The Large, the Small and the Human Mind, Cambridge University Press. 2000 page 66). This sentence of Roger Penrose is a first step of a philosophical generalization in a Whiteheadian sense. 6. Key terms: ‘The metaphysical foundations of modern science’ had been examined particularly by three European and American philosophers: E. A. Burtt, A.N. Whitehead and Hans-Georg Gadamer, by Gadamer eminently in his late writings on Heraclitus and Parmenides. I try to follow the approaches of these philosophers of relational views and of anti-substantialism. By ‘metaphysical foundations’ Edwin Arthur Burtt does not understand transcendental ideas but simply the principles that are underlying sciences. -/- 7. Key terms: ‘Complementarity’, ‘interactions’, ‘entanglements’. Since 1927 quantum physics has three key terms which give an indication to the fundamental physical reality: Complementarity, interactions and entanglement. These three notions are akin to Nagarjuna’s relational view of reality. They are akin and they are very precise, so that Buddhism might learn something from these descriptions and quantum physicists might learn from Nagarjuna’s examples and views of reality. They might learn to do a first step in a philosophical generalisation of quantum physical experiments. All of us we might learn how objects are entangled or going arm in arm. [The end of the summary.] -/- « Wenn du gerade das, wodurch auch immer du gefesselt bist, erkennst, wirst du zur Freiheit gelangen. Wenn du diesen speziellen Pfad verwirklichst, gelangst du in einem Leben zur Buddhaschaft. Deswegen verhält es sich folgendermaßen : Wenn plötzlich die Geistesregung « Begierde » enststeht, dann betrachte, ohne ihr zu folgen, direkt ihre Essenz und verweile in dieser Betrachtung, ohne Ablenkungen zuzulassen. Auf diese Weise reinigt Begierde sich selbst, ohne aufgegeben zu werden, da sie ohne Grundlage und Ursprung entsteht. Das wird « Befreiung in sich selbst », « unterscheidende ursprüngliche Weisheit » oder Buddha Amitabha » genannt ». Jigden Sumgön, Licht, das die Dunkelheit durchbricht, Otter Verlag, München 2006, Seite 47, 48 . (shrink)

Psychoanalysis, particularly as articulated by figures like Freud and Lacan, highlights the inherent division within the human subject—a schism between the conscious and unconscious mind. It could be said that this suggests that such an internal division becomes amplified in the context of generative art, where technology and algorithms are used to generate artistic expressions that are meant to emerge from the depths of the unconscious. Here, we encounter the tension between the conscious artist and the generative process itself, which (...) may yield unexpected, even uncontrollable results. -/- This paper, therefore, seeks to address this division within the modern subject and its relationship to technology, wherein the division within the living body is revealed through the presence of prosthetic elements, which mirrors the division brought about by the incorporation of language as a signifier. I argue that the amplification of this internal schism does not necessarily lead to a more fractured subject. Instead, generative art, bolstered by advancements in AI and machine learning, offers a unique opportunity for individuals to externalize and explore their minds in novel ways. -/- By examining contemporary works such as Hal Foster’s Prosthetic Gods, which stands as a pivotal exploration of the convergence between modernist art and psychoanalytic theory and Isabel Millar’s Psychoanalysis of Artificial Intelligence, this paper elucidates the profound implications of Freud’s vision of modern -/- subjectivity as Prothesengott (Prosthetic God) and address the questions concerning this technological imbrication of the human mind and body through the Lacanian framework. Although for Freud, Man does not become a real God, rather, the potential to transcend one’s limitations ascribes us to God-like qualities by seeking to generate new forms of life that go beyond merely reproducing nature — a transcention of the natural. Millar emphasizes that Freud observes that this is evidenced by the fact that these additional organs remain distinct from the organism and can never assimilate into it. One continually falls short of realizing the fantasy he envisions, opting instead to use his supplementary artificial organs to endlessly revolve around the objects of the drive. -/- This evolving relationship that the drive has with its technological objects, resounds in Lacan’s conception of “lathouse” which allows extimate objects to convert interiority (unconscious) into exteriority (conscious) and exteriority into interiority. The thesis of this paper seeks to employ this underutilized concept to understand the nature of human subjectivity and its bodily and structural relationship to generative art. Therefore, this paper emphasizes what really happens when we enter into this relationship with the lathouse, whereby this artificial object has effects in the "real of jouissance", where these Lathouses create a network, namely the Alethosphere. My goal is to argue that generative art as a technological development, can be seen as an extension to the development of the drive. Conclusively, I make the claim for generative art's potential to externalize the human creative drive by emphasizing the interplay between randomness and structure, and how it offers a means to surpass our inherent limitations by presenting an avenue for self-expression that transcends traditional modes of art. (shrink)