I argue that we get an account of social invisibility that best fits our practice of moral complaint if we reject orthodoxy and accept a quite different view of what it is to see another person as a person. On my view, seeing a person as a person is inseparable from caring about her in person-specific ways—hence from a disposition to a range of interpersonal emotional responses to her point of view. Thus, a person’s humanity is invisible to us, (...) according to this picture, when we are unreceptive to her power to influence our attitudes and will through her own attitudes and will. (shrink)

It is a personal matter, a point of autobiography, but it illustrates something that beats in the heart of Cillian McBride’s compact and quietly ambitious book, that I cannot myself choose to value, that I cannot myself choose to esteem, racial or homophobic bigotry. Hence bigots cannot justifiably demand that I recognize the alleged value of their bigotry; nor can they demand such recognition from society more generally, esteem being tied in this way to sincere evaluation. Although a failure (...) to obtain social recognition might result in a loss of self-esteem for some bigots, and although this would in a way be bad, this negative result would be, in another way, simply too bad for bigotry. (shrink)

This study compares Philip Pettit’s account of freedom to Hegelian accounts. Both share the key insight that characterizes the tradition of republicanism from the Ancients to Rousseau: to be subordinated to the will of particular others is to be unfree. They both also hold that relations to others, relations of recognition, are in various ways directly constitutive of freedom, and in different ways enabling conditions of freedom. The republican ideal of non-domination can thus be fruitfully understood in light of (...) the Hegelian structure of ‘being at one with oneself (Beisichsein) in another’. However, while the Hegelian view converges with Pettit on non-domination and recognition, their comprehensive theories of freedom are based on radically different metaphysics. One key difference concerns the relationship between freedom and nature, and there is a further difference between Pettit’s (ahistorical) idea of the concept dependence of freedom, and the Hegelian (historical) idea of the conception dependence of freedom. -/- Keywords: Pettit; Hegel; freedom; non-domination; mutual recognition; republicanism; ‘being at one with oneself’; social freedom. (shrink)

This paper argues that relations of mutual recognition (love, respect, esteem, trust) contribute directly and non-reductively to our flourishing as relational selves. -/- Love is important for the quality of human life. Not only do everyday experiences and analyses of pop culture and world literature attest to this; scientific research does as well. How exactly does love contribute to well-being? This chapter discusses the suggestion that it not only matters for the experiential quality of life, or for successful agency, (...) but that it actualizes our nature as “relational selves” (Chen, Boucher & Kraus 2011). I defend a hybrid or pluralist theory, which sees humans not only as subjects of experiences, or agents, or valuers, but also as relational selves. Expanding from love to other interpersonal relations, thriving relations of mutual recognition (love, respect, esteem, trust), contribute directly and non-reductively to our flourishing as relational selves. The paper will start by putting forward the proposal (Section 2), and then discussing it in relation to important alternatives. The focus is on alternatives which hold that love, and other forms of mutual recognition, are important for well-being, but only indirectly. One kind of challenge against the constitutive role of relations to others for well-being comes from the traditional theories that accommodate relations in some indirect ways (Section 3). A second kind of challenge admits that perhaps love is central to well-being in a direct way, but do we have reason to believe that other forms of mutual recognition are as well? (Section 4) Yet another kind of challenge is that love matters for the quality of lives in some other way than contributing to its prudential value: love is good, but is it good for us? (Section 5) A fourth kind of challenge concerns what we are, and the nature of “essentialism” involved in the approach stressing relational selfhood: cannot, say, motherhood contribute to one’s good life even if motherhood is contingent and not essential? (Section 6). In debates on recognition the idea that mutual recognition is also relevant for well-being has been put forward, for example in Axel Honneth’s (1992, ch.9 ) ”formal” theory of good life. Whatever else constitutes good life, relations of recognition form its backbone (cf. Ikäheimo 2014). Surprisingly little however is written about mutual recognition and well-being in detail, or recognition in comparison to traditional theories of well-being. This chapter aims to fill some of that void, and at the same time defend the view that well-being is one of the normative notions with which mutual recognition has a constitutive relationship. (shrink)

According to a Kantian conception truthfulness is characterised as a requirement of respect for the agency of another. In lying we manipulate the other’s rational capacities to achieve ends we know or fear they may not share. This is paradigmatically a failure of respect. In this paper we argue that the importance of truthfulness also lies in significant part in the ways in which it supports our agential need to make sense of the world, other people, and ourselves. Since (...) sense-making is something we do together, and that we can support or undermine, it generates norms of interaction that constitute a further, distinct, mode of recognition and respect for another’s agency. But the requirements of truthfulness and support for sense-making sometimes conflict. Through a series of cases, we analyze why and when a rigid insistence on truthfulness is disrespectful of the other and undermining of their agency. (shrink)

This paper motivates the idea that social robots should be credited as moral patients, building on an argumentative approach that combines virtue ethics and social recognition theory. Our proposal answers the call for a nuanced ethical evaluation of human-robot interaction that does justice to both the robustness of the social responses solicited in humans by robots and the fact that robots are designed to be used as instruments. On the one hand, we acknowledge that the instrumental nature of robots (...) and their unsophisticated social capabilities prevent any attribution of rights to robots, which are devoid of intrinsic moral dignity and personal status. On the other hand, we argue that another form of moral consideration—not based on rights attribution—can and must be granted to robots. The reason is that relationships with robots offer to the human agents important opportunities to cultivate both vices and virtues, like social interaction with other human beings. Our argument appeals to social recognition to explain why social robots, unlike other technological artifacts, are capable of establishing with their human users quasi-social relationships as pseudo-persons. This recognition dynamic justifies seeing robots as worthy of moral consideration from a virtue ethical standpoint as it predicts the pre-reflective formation of persistent affective dispositions and behavioral habits that are capable of corrupting the human user’s character. We conclude by drawing attention to a potential paradox drawn forth by our analysis and by examining the main conceptual conundrums that our approach has to face. (shrink)

Hamas’s deliberate attack on October 7th against innocent civilians is absolutely wrong. Therefore, it should be universally condemned. And yet, I wonder how a universal recognition of an absolute duty of respect for human dignity can help solving the existential conflict confronting Israelis and Palestinians. Ideally, a two-state solution proposed by the international community can be seen as a reasonable and fair compromise. Nevertheless, the reality on the ground is different. Thus far the existence of one state has precluded (...) the existence of another with no end in sight to their mutually destructive violence. Their conflict demands that people who are reasonable and fair-minded try to understand it holistically and to offer an impartial assessment of this intractable conflict without relativizing the undeserved human suffering of all those involved and affected by it. (shrink)

In this article, I argue that Hegel’s concept of recognition and Levinas’ concept of responsibility complement each other and lead to the idea of an asymmetrical reciprocity in which the origin of our social relations is not mutual equality, but rather mutual inequality. I will unfold this argument in three steps. I will first work out a fundamental asymmetry of recognition in Hegel by means of the figure of the bondsman before elucidating in a second step the asymmetry (...) of responsibility in Levinas by means of the figure of the hostage. In the last and third step, I will correlate both asymmetries and show how far the asymmetry of recognition and the asymmetry of responsibility constantly develop from and transition into one another in our social relationships. (shrink)

I propose that shock can be morally significant independently of its consequences but only as part of an ongoing commitment to certain norms, in particular norms that constitute recognizing another as a person. When we witness others in agony, or being severely wronged, or when we ourselves severely wrong or mistreat others, our shock can reflect our recognition of them as persons, a recognition constituted by our commitment to certain moral norms. However, if we do not in (...) fact respond to the suffering or wrong in accordance with these norms—if, for example, we do not act to relieve their suffering or to properly address the wrong done, and do not avoid or prevent its recurrence—then our commitment to the relevant norms is undermined. When we consistently violate the norms whose violation initially shocked us, our lingering shock upon repeated violations gradually loses its significance and becomes a mere impulse—a fossil of a past commitment, so to speak—before it disappears completely. The failure to be shocked in such instances marks the failure of our moral commitments, which is the failure to recognize others as persons. (shrink)

Reports of not feeling understood are frequent in testimonies of psychological trauma. I argue that these feelings are not a matter of a cognitive failure but rather an expression of the absence of a more pervasive background feeling of belonging. Contemporary accounts of we-intentionality promise but ultimately fall short in explaining this sense of belonging. Gerda Walther offers an alternative account of communal experiences. Her notion of “habitual unification” can explain the background feelings of belonging that are woven through the (...) individual’s everyday experience of being in a shared world. Having unified with another person, the world feels different. It is now experienced in light of a “we.” This is not only the case in actual, singular person-to-person encounters. Unification with others becomes habitual: it retreats into the background of the individual’s awareness, colouring their experience of the world. Thus sedimented, it forms a background sense of belonging to a shared world. Unification is enabled by experiencing others as being similar in a significant way, such as having the same experiences, values, or basic attitude: in Walther’s words, as being a “human, who also....” This, I shall argue, is impacted through traumatizing experiences. Trauma survivors struggle to experience others as “humans, who also...,” resulting in a failure of unification and thus impeding feelings of belonging. Trauma testimonies also suggest that actively seeking out recognition of similarities and shared aspects of experience may once again enable experiencing others as “humans, who also...,” thus enabling unification and re-establishing a sense of belonging. (shrink)

Abstract: Reflecting on the practice of being a Spinoza scholar and Spinozist in Trump's Pandemic America, I argue that we can find consolation in Spinoza's insistent norm -- to understand rather than to blame, to banish free will as explanans so we can fully understand the explanandum. Just as Boethius reflected on human misunderstanding of luck, so Spinoza teaches that we need, in moments of despair, to look not to superstition, but to the recognition of the causal forces that (...) yield our triumphs and failures, and to understand them. While we are unmoored in the chaos of Trump's America, in the joyful expression of popular emancipatory power in the Black Lives Matters mass demonstrations and marches through American cities and suburbs, and the nightly horror of demonstrators murdered by police, I reach back to another moment of chaos with liberatory and nightmarish potential -- the years just after the U.S. Civil War described in Leaves of Grass. We can find Spinozist moments in Whitman's poem and philosophical memoir -- a kind of American Spinozism. As he travels among the horrors and the new possibilities of American life, Whitman insists on seeing and feeling the world as it is -- terrible, wonderful, in all its fleshy imperfection, while finding hope in these same flawed particulars. In 2020, Trump's America, Spinoza and Spinozism are not just relevant, are not just consolations in the Boethian sense, but they are essential epistemic survival tools for a world quite obviously in motion. (shrink)

Igal Kvart RATIONAL ASSERTIBILITY, THE STEERING ROLE OF KNOWLEDGE, AND PRAGMATIC ENCROACHMENT Abstract In the past couple of decades, there were a few major attempts to establish the thesis of pragmatic encroachment – that there is a significant pragmatic ingredient in the truth-conditions for knowledge-ascriptions. Epistemic contextualism has flaunted the notion of a conversational standard, and Stanley's subject-sensitive invariantism (SSI) promoted stakes, each of which, according to their proponents, play a major role as pragmatic components in the truth conditions of (...) knowledge ascriptions. These conceptions were propelled first and foremost by examples of knowledge ascriptions with obvious pragmatic aspects that seemed to require a pragmatic component in the truth-conditions of knowledge ascriptions in order to be accounted for. However, if such examples can be adequately explained not by pragmatic encroachment purely pragmatically, the central role that such examples play in supporting these accounts will be undermined. I lay out here a new pragmatic account, offering a different, purely pragmatic picture that explains such examples, and much more. If such an account and its associated explanations are adequate, then much of a need or a motivation for pragmatic encroachment is undermined. Specifically, I will develop the notion of rational assertibility, appealing to rational norms (which are not Gricean) as interfacing with semantic and epistemic (and other) norms to yield assertibility simpliciter. More importantly, I will argue for a well-entrenched pragmatic profile of knowledge, the so-called steering role of knowledge. Knowledge ascriptions, or simple assertions (that don't invoke the notion of knowledge), it will be argued, play a pragmatic role of steering audiences in joint deliberational setups to the speaker's preferred action by invoking an impending practical inference leading to that preferred action, and of ignoring incompatible alternatives. The recognition of rational forces as affecting, sometimes strongly and predominantly, intuitions associated with knowledge ascriptions, has important implications to philosophical methodology regarding what count as evidence for semantic features. One such lesson calls for securing examples with no significant rational forces at play in order to establish semantic features. Another calls attention to the ill-suitability of employing assertibility by figures in examples featuring deliberational setups for such a purpose in view of the role that such assertibility plays in reflecting rational aspects of such figures, in addition to their epistemic and semantic characteristics. Still another lesson points to a specific role that audiences play in such deliberational setups. (shrink)

A recent version of the view that aesthetic experience is based in empathy as inner imitation explains aesthetic experience as the automatic simulation of actions, emotions, and bodily sensations depicted in an artwork by motor neurons in the brain. Criticizing the simulation theory for committing to an erroneous concept of empathy and failing to distinguish regular from aesthetic experiences of art, I advance an alternative, dynamic approach and claim that aesthetic experience is enacted and skillful, based in the recognition (...) of others’ experiences as distinct from one’s own. In combining insights from mainly psychology, phenomenology, and cognitive science, the dynamic approach aims to explain the emergence of aesthetic experience in terms of the reciprocal interaction between viewer and artwork. I argue that aesthetic experience emerges by participatory sense-making and revolves around movement as a means for creating meaning. While entrainment merely plays a preparatory part in this, aesthetic engagement constitutes the phenomenological side of coupling to an artwork and provides the context for exploration, and eventually for moving, seeing, and feeling with art. I submit that aesthetic experience emerges from bodily and emotional engagement with works of art via the complementary processes of the perception–action and motion–emotion loops. The former involves the embodied visual exploration of an artwork in physical space, and progressively structures and organizes visual experience by way of perceptual feedback from body movements made in response to the artwork. The latter concerns the movement qualities and shapes of implicit and explicit bodily responses to an artwork that cue emotion and thereby modulate over-all affect and attitude. The two processes cause the viewer to bodily and emotionally move with and be moved by individual works of art, and consequently to recognize another psychological orientation than her own, which explains how art can cause feelings of insight or awe and disclose aspects of life that are unfamiliar or novel to the viewer. (shrink)

What is the relationship between knowledge and ethics? Does what we know and the reason that secures knowledge determine ethical responsibility, or might ethical responsibility itself awaken and animate the enterprise of knowing? The dissertation affirms the priority of ethics by juxtaposing two accounts of the relationship between truth and goodness. It critiques Hegel's systematic conception of absolute knowing by showing that this knowing elides the anarchical ethical demand arising from the other person. Hegel's dialectic reconciles the problem of the (...) relation with the other by transposing it to the plane of cognition where it becomes spirit's self-knowing. However, Emmanuel Levinas's phenomenological reduction of the structures of knowing exposes an ethical level of experience that both inspires and interrupts this adventure of knowing. ;After the introduction of this problematic, Chapter 1 examines the challenge that Levinas poses to Hegel, discovering in experience and subjectivity a ground where real dialogue can take place. Chapter 2 traces the reconception of subjectivity by which Hegel brings all exteriority within the experience of self-consciousness and compares this with Levinas's notion of "lived experience." In Chapter 3, I show how Levinas's account of sensibility and enjoyment resists incorporation into Hegel's notion of self-consciousness. Chapter 4 examines the encounter with the other person and explicates why Hegel's and Levinas's accounts cannot be reconciled or made to complement one another, for the non-allergic responsibility incurred in the face to face relation is inassimilable to the antagonism of the same and the other experienced as self-consciousness. Then, in Chapter 5, I trace Hegel's pursuit of a more authentic recognition of otherness through the development of the concept of spirit, paying special attention to the role of language. The ultimate accomplishment of spiritual recognition in Hegel's account is again challenged by Levinas's notion of responsibility, which signifies as an ethical "saying" apart from the "said." Finally, I contest the absoluteness of knowing without denying the dialectic that animates it by suggesting that philosophy can be maintained as a human enterprise, a pursuit of knowing that is ever subject to and interrupted by the face of the other. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

This article is a reflection on the NSU Winter Symposium of March 2020, entitled ‘Feminism and Hospitality: Religious and Critical Perspectives in dialogue with a Secular Age’. It contends with moral judgments which regard charity as an act of alienation from the other and as a reiteration of hierarchies of power. Instead of this conceptualisation, I propose an ethics of charity in terms of an ethics of the reflective agency of otherness. This ethics of charity entails acts of aid for (...) an other which stem from the recognition of the agency pertaining to both parties. It will be shown how this recognition of agency, and the reciprocity it entails, is critical for the success of the charitable endeavour in two ways: first, for the manifestation of the act itself of aiding and providing for another; second, for the assertion of the other’s own agency through the reciprocal act of charity. (shrink)

I extend my account of social invisibility and interpersonal recognition by applying it to one form of racism: racial alienation—the failure to emotionally identify with members of another racial group on the basis of their race. I argue that leading views of racism in the analytic tradition threaten to contravene the conviction that racial alienation involves a misrecognition of the other group’s humanity. The pitfall is best avoided by developing a conception of interpersonal awareness that is informed by (...) Wittgenstein’s remarks on other minds, particularly his point that our awareness of others as humanly minded consists in ‘an attitude towards a soul’ rather than in an 'opinion' that she has a soul. (shrink)

The aim of my paper is to interpret S. Kierkegaard's concept of a leap as a metaphor for the process of moving from one conceptual scheme to another. The basis for this reading of the concept is provided by the growing recognition of Kierkegaard's philosophy as dealing with conceptual schemes, equipements or paradigms through which reality is interpreted. I use Kierkegaard's metaphor as a point of departure for the analysis of the conditions of possibility and the very process (...) of changing conteptual schemes in general. I use the story of Abraham and Isaac, as described in „Fear and Trembling”, as a source of examples illustrating more general points I make during my analysis. Firstly, I present a general understanding of what a conceptual scheme is and how it is functioning. Afterwards, I show how this functioning is impaired in case of Abraham and Isaac. Finally, I put forward a hypothesis that the problems that Abraham's scheme is encountering due to God's demand to sacrifice Isaac can all be reduced to the fact that a very deep change in meaning of certain terms within the conceptual scheme, such as "God", "good" or "duty", has occured. The adoption of new meanings would be equivalent to moving into another conceptual scheme. (shrink)

Shaun Gallagher has actively looked into the possibility that psychopathologies involving “thought insertion” might supply a counterexample to the Cartesian principle according to which one can always recognize one’s own thoughts as one’s own. Animated by a general distrust of a priori demonstrations, Gallagher is convinced that pitting clinical cases against philosophical arguments is a worthwhile endeavor. There is no doubt that, if true, a falsification of the immunity to error through misidentification would entail drastic revisions in how we conceive (...) the boundary between self and other. However, I argue that (1) the idea of unearthing an exception to the Cartesian thesis is, on further reflection, not a realistic prospect and that (2) this casts doubt on the attempt to conjoin first-person phenomenology and third-person cognitive science in the service of philosophical debates. (shrink)

The aesthetic construction of the world can originally be traced back to the bodily-affective state of being in the surroundings. In this respect, the newly developed aesthetic concept atmosphere enables a new understanding of the interaction between sensation, emotion and the environment, and is therefore of great importance for the development of a contemporary environmental awareness. In reviewing the studies so far, it would be meaningful to further reflect on the following questions: what role does the spiritual dimension play in (...) atmospheric experience? How is it possible for us to be critical of the atmosphere we encounter? How can a bodily-affective approach to the world be opened up by emphasizing atmospheric experience without excluding other legitimate aspects such as value judgments? These issues require re-examination of the current basic approach, according to which, on the one hand, atmospheric experience is largely confined to a pre-reflective level, and, on the other hand, sensation and awareness of atmosphere are viewed as occurring one after another. Practically, in the experience of atmosphere, corporeality and spirituality are not so clearly delineated, based on the fact that sensory recognition of external stimuli always merges with mental actions such as cognition, imagination, beliefs, values, memory and expectation. In this sense, the experience of atmosphere is not a purely biophysiological response at all. Instead, it is largely shaped by spiritual elements and cultural frameworks. The knowledge of traditions, customs, languages, religions, stories, folklore and/or mythology may modify the ordinary perception of things and thus open an unusual way to the atmosphere. The complexity of atmosphere and atmospheric perception reveals a diversity of life experience that can never be thoroughly represented and described, and thus largely opens up new horizons for an interculturally oriented aesthetics. (shrink)

There is a conflict between a strictly political approach to LGBT rights, in which the battle must never cease. and the less encountered notion that individuals can let the battle settle into the background and simply get on with unpolitical life. at least unpolitical at home. The article takes the example of India as a salient place to view this conflict. As a democratic nation, India has had some limited progress in protecting LGBT rights. How its massively differentiated and traditional (...) society has adopted and tolerated this moral enjoinder is another matter. Certainly, acceptance is as important as legal recognition. But how are the politics faring at the individual level? One of the best media for feeling a nation’s political pulse is not internet or television but literature. Two current Indian authors exemplify how, at the personal level, some sexual politicking has already succeeded, in some social realms, by almost disappearing from the narrative. (shrink)

Spinoza’s recognition of the unpredictable fortunes of individuals, explicable through the interplay between their intrinsic natures and their susceptibility to external causes, informs his account of political success and – what for him is the same thing – political virtue. Thus, a state may thrive because it has a good constitution (an internal feature), or because it was fortunate not to be surrounded by powerful enemies. Normally, however, it is the combination of both luck and internal qualities that determines (...) the fate of things. What is true about the fate of states holds equally of the fate of other types of individual, both human and non-human. In a sense, even the fate of a theory is determined by the interplay between its intrinsic virtues, and mere historical luck. A quarter century ago, shortly after I began my graduate studies in philosophy at Yale, I started thinking about writing a dissertation on Spinoza’s philosophy. A good and caring friend in my graduate cohort advised me against the idea, which he believed was tantamount to “professional suicide” given the oddity of Spinoza’s thought. Indeed, the environment of analytic philosophy in the mid- and even late-1990s was not particularly auspicious for the academic study of Spinoza. Spinoza was – rightly – considered as having little commitment to commonsense, and commitment to commonsense – the most stubborn of prejudices – was (and still is) considered by many a minimal requirement for entry into the club of “decent” philosophers. Yet, things have changed over the past twenty-five years. So much so, that recently a (non-Spinozist) early modernist colleague of mine complained to me about the futility of changing the description of an event he planned from a ‘Spinoza workshop’ into an ‘early modern philosophy workshop,’ since “one way or another, most of the submitted abstracts are going to deal with Spinoza.” Indeed, in many ways, the interest and intensity of the study of Spinoza’s philosophy in the Anglo-American world has eclipsed that of almost all other early modern philosophers, and we seem to be facing a circumstance in which Spinoza is gradually competing with, if not replacing, Kant as the compass of modern philosophy. One can list many reasons for these dramatic developments: from Spinoza’s radical naturalism, to his dismissal of the fairytales of anthropomorphic and anthropocentric religion – while Kant on these issues could at best be said to kick the ghosts from the front door while inviting them back as ‘ideas’ or ‘postulates of practical reason’ through the back door –- to his unequivocal rejection of the illusions of humanism. Still, we lack a full explanation of the recent Spinozist upheaval in North American philosophy. (shrink)

Positing levels of explanation has played an important role in philosophy of science. This facilitated the advocacy of antireductionism of explanations, which, at its most basic, is the idea that scientific explanations citing large (i.e. non-microphysical) entities will persist. The idea that explanations come in levels captures important features of explanatory practices, and it also does well at helping to define different positions one might take regarding explanatory reductionism or antireductionism. Yet the idea that explanations come in levels has also (...) led philosophers astray. This systematically misconstrues the relationship different explanations bear to one another, suggests candidate explanations are less numerous than they in fact are, and occludes recognition of how the selection of explanations can vary across research projects. Antireductionists about explanation should move on from talk of levels. Or so I will argue. (shrink)

This dissertation critically examines the writings of Max Stirner, especially his masterpiece The Ego and Its Own, as a discourse of resistance against modern forms of domination and, in particular, against the modern political State. I begin by examining Stirner's inversion of the Hegelian concept of the State, from the “actualization of freedom”to an instance of domination. The State appears, to Stirner as to Hegel, as the guardian of order and cohesion in modern societies. While both recognize the genesis of (...) sovereign power as violent, Hegel sustains that, with the progress of civilization, force is eradicated from the public order and private interests and common interest are reconciled. Stirner, on the contrary, insists that force is the other face of right, as the hidden pillar of the norm, which only reveals itself in moments of crisis. Stirner’s focus on the extreme case, largely anticipated and devalued by Hegel as unilateral and equivocal, seems to be anchored on the conviction that conflict is ineradicable, that between my own will and the (political, social) representation of that will there is always a gap, which cannot be filled by any collective arrangement. From this follows that, if conflict is scarcely manifest in modern societies, it is not because it was truly solved, but because it is effectively masked, due to the dissymmetry of power and the internalization of authority. The “unique one” appears, in this environment of great suspicion, as the one who cannot be represented, who surpasses every representation, threatening the authority of every representative. Accordingly, the “unique one” reclaims his own power, without allowing the satisfaction of his will to be mediated by obedience to collective institutions, affirming himself instead as sovereign over himself. Stirner suggests that the self-affirmation of the “unique one” inevitably leads to confrontation with the external powers that organize his existence. Stirner, nonetheless, chooses to think this confrontation in terms of a “revolt”, of a reflexive and individual act by which the individual emerges from the situation in which he finds himself, rather than as a “revolution”, a political or social act directed towards the systemic transformation of the status quo. Even if we admit the validity of the Stirnerian critique of the legitimizing discourses of modernity, the problem remains if this critique can be sustained on the “unique one”, “a thoughtless word”, an openly self-contradictory and self-destructive name, subject or principle (?). The possibility of founding a discourse of resistance on the egoism of Max Stirner seems to depend upon the answer that we choose to give to two intimately connected questions: what remains after the destructive vortex of the “unique one” that may sustain the resistance against a state that Max Stirner deems oppressive? Can this resistance be realized in the revolt of a unique one without the recognition of another one with whom to build the conditions of freedom? (shrink)

As the war in Syria and the destruction of the Calais camp in France in 2016 bitterly demonstrate, declarations of human rights and asylum devolve into empty promises without a common sense of solidarity and an implicit understanding that we share responsibility for the world and one another. Today’s refugee crisis demonstrates that many of the problems that Hannah Arendt identified during the first half of the twentieth century are still with us. National security and the state of exception (...) increasingly place refugees and migrants at the borders of international law. This article argues that Immanuel Kant’s Perpetual Peace and Arendt’s postwar reflections on the stateless as modern pariahs continue to frame current debates on hospitality, human rights, and responsibility. Without a recognition of our common humanity and shared world, sovereign states will continue to find exceptions to the legal status of refugees and migrants, thus enabling their exclusion from political life and the very laws that should protect them. Falling outside human rights law and the rights of refugees leads to the uncertainty of the pariah. (shrink)

I argue that advocates of moderate epistemic idealization need some standards against which they can determine whether a particular individual P has a responsibility to acquire some specific piece of information α. Such a specification is necessary for the purpose of determining whether a reason R, the recognition of which depends on accounting for α, can legitimately be ascribed to P. To this end, I propose an initial sketch of a criterion that may be helpful in illuminating the conditions (...) in which P might be said to have a responsibility to take α into account when searching for reasons to act or believe. I worry that reason ascriptions that are based on information acquisition expectations which are not captured by this criterion may be open to charges of authoritarianism, especially when such a reason ascription prompts one person to demand that another act in a way that is responsive to the ascribed reason. (shrink)

Introducing Aristotle’s Nicomachean Ethics to undergraduates, which is the explicit goal of Michael Pakaluk’s volume, is both easy and difficult. On one level, Aristotle’s text takes a common-sense view of human goodness and the qualities productive of it, a view which resonates with students when they reflect upon the general question of what they seek in life or whom they admire. Topics such as friendship, recognition (a.k.a., ‘honor’), self-improvement, and well-being are part of every student’s lived-experience and Aristotle’s discussion (...) of such topics reaches students ‘where they live’, as it were. And yet, on another level, as any student or teacher of the Nicomachean Ethics has discovered, Aristotle’s text presents numerous philosophical, exegetical, and editorial difficulties. For instance, Aristotle’s discussion of whether friendship is necessary for happiness (EN ix 9) is eminently practical and its conclusion almost trivially commonsensical; and yet Aristotle’s argument in support of the claim that friendship is necessary for happiness contains one of the most impenetrable discussions in the Ethics, namely the account of the apparently reflexive perceptions which only two friends can share (1170a13-b17), a phenomenon that goes to the very question of whether Aristotle possesses a notion of self-consciousness. (shrink)

In the Phenomenology of Spirit, chapter IV, Hegel attempts to show how consciousness becomes self-consciousness. Self-consciousness manifests itself both as the ground on which it makes its object opposite to itself, and as a higher truth by demolishing the otherness of its object in order to preserve it for self-consciousness. Since it presupposes itself as the inner truth (or ground) it realizes itself both as the origin and the aim of desire. In other words, by virtue of presupposing its identity (...) in its dissolution, self-consciousness desires to re-constitute the unity with itself. Therefore, it grasps everything else as a negative object of desire in advance. That is to say, its appearance seems to be an ‘obstacle’ before its satisfaction. However, through experience of negating, self-consciousness learns that its object is also a ‘means’ (i.e., has truth or positive aspect) for its end point. It realizes this latter aspect of its object especially when it is faced with another self-consciousness. At this level, self-consciousness comes to see that there is a counter-balance of opposing powers between itself and the other self-consciousness. This counter-balance leads both self-consciousness to a mutual recognition and, then satisfaction of mutual desires. Therefore, since both the origin and the aim of desire is self-consciousness itself, it (self-consciousness) grasps itself as the positive (real) object of desire and then discerns in the mutual recognition the positive aspect of another which was taken as a negative element before. The satisfaction of desire begins with realizing this positive aspect of another self-consciousness. (shrink)

Faith is the highest truth that ensures the happiness and salvation of man in the world and in the Hereafter. But the essence of superstitious is invalid and wrong. The realization of this happiness and salvation is possible by having a true faith. Another consequence of the true faith is the ability to recognize that this belief is right. Believing in true faith, ensures rightness and makes possible to prove and disclose this truth. It is important to have true (...) faith and accurate affirmation. This certainty requires certain criteria for accuracy and precision. In addition, this situation involves advocating the faith and delivering it to other people. This is closely related to the recognition and proof of these truths. It also makes it necessary to explore the distinction between presumption and believing as well as knowledge and ignorance. It requires examination of the concepts of certainty, doubt, evidence, persuasion and proof and what they have implied in terms of faith. The examination of the proofs of faith in terms of persuasion and proof also increases the understanding of the certainty of a belief. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

In this paper I criticise Axel Honneth's reactualization of reification as a concept in critical theory in his 2005 Tanner Lectures and argue that he ultimately fails on his own terms. His account is based on two premises: (1) reification is to be taken literally rather than metaphorically, and (2) it is not conceived of as a moral injury but as a social pathology. Honneth concludes that reification is “forgetfulness of recognition”, more specifically, of antecedent recognition, an emphatic (...) and engaged relationship with oneself, others and the world, which precedes any more concrete relationship both genetically and categorially. I argue against this conception of reification on two grounds. (1) The two premises of Honneth's account cannot be squared with one another. It is not possible to literally take a person as a thing without this being a recognisable moral injury, and, therefore, I suggest that there are no cases of literal reification. (2) Honneth's account is essentially ahistorical, because it is based on an anthropological model of recognition that tacitly equates reification with autism. In conclusion, I suggest that any successful account of reification must (i) take reification metaphorically and (ii) offer a social-historical account of the origin(s) of reification. (shrink)

Objectives Practitioners in contemplative traditions commonly report experiencing an awareness that is distinct from sensory objects, thoughts, and emotions (“awareness itself”). They also report experiences of a void or underlying silence that is closely associated with this awareness. Subjects who carry out the Headless Way exercises frequently report an experience of emptiness or void at the same time as other contents (void-like experiences). The goals of this study were to (1) assess the reliability of these methods in eliciting the (...) class='Hi'>recognition of awareness and void-like experiences in participants who had no prior exposure to these techniques, (2) investigate the prevalence of these experiences in these tasks, and (3) to differentiate these experiences from closely related and potential precursor experiences. -/- Method Twenty adults participated in in-depth individual interviews in which they were guided through the Headless Way exercises. A thematic analysis was conducted on the interview transcripts. -/- Results Twelve of the participants reported a void-like experience, and five participants reported an experience of awareness itself. These experiences were respectively categorized as subsets of the more general categories of perceptual absences and the sense of not being person-like. Another novel finding was the real-time reports of awareness and void-like experiences during the exercises. -/- Conclusions Our findings provide preliminary evidence that the Headless Way exercises can effectively induce experiences of emptiness and awareness in participants without prior experience. The findings suggest that such experiences can be elicited outside of a traditional meditation context, including in non-meditators. Furthermore, the experience of not being person-like and of perceptual absences may be precursors and more general forms of recognizing awareness itself and the void-like nature of the mind. (shrink)

In contemporary Western analytic philosophy, the classic analogical argument explaining our knowledge of other minds has been rejected. But at least three alternative positive theories of our knowledge of the second person have been formulated: the theory-theory, the simulation theory and the theory of direct empathy. After sketching out the problems faced by these accounts of the ego’s access to the contents of the mind of a “second ego”, this paper tries to recreate one argument given by Abhinavagupta (Shaiva philosopher (...) of recognition) to the effect that even in another’s body, one must feel and recognize one’s own self, if one is able to address that embodied person as a “you”. The otherness of You does not take away from its subjectivity. In that sense, just as every second person to whom one could speak is, first, a person, she is also a first person. Even as I regret that I do not know exactly how some other person is feeling right now, I must have some general access to the subjective experience of that other person, for otherwise what is it that I feel so painfully ignorant about? My subjective world is mine only to the extent that I recognize its continuity with a sharable subjective world where other I-s can make a You out of me. (shrink)

In this article we develop and defend what we call the “Trust View” of promissory obligation, according to which making a promise involves inviting another individual to trust one to do something. In inviting her trust, and having the invitation accepted (or at least not rejected), one incurs an obligation to her not to betray the trust that one has invited. The distinctive wrong involved in breaking a promise is a matter of violating this obligation. We begin by explicating (...) the core notion of “inviting someone to trust one to do something”, suggesting that it involves signaling to the other individual one's recognition of the importance the relevant action has for her, and one’s willingness to license her to have faith or optimism in one's character with regard to the performance of that action. We then turn to a defense of the Trust View, arguing that it has considerable appeal in its own right, that it is distinct from and superior to three similar accounts (T.M. Scanlon's Assurance View, Judith Jarvis Thomson's Reliance View and David Owens' Authority View), and that several objections to it can be answered. (shrink)

Whether nature is valuable on its own (intrinsic values) or because of the benefits it provides to humans (instrumental values) has been a long-standing debate. The concept of relational values has been proposed as a solution to this supposed dichotomy, but the empirical validation of its intuitiveness remains limited. We experimentally assessed whether intrinsic/relational values of sentient beings/non-sentient beings/ecosystems better explain people’s sense of moral duty towards global nature conservation for the future. Participants from a representative sample of the population (...) of Singapore (n = 1508) were randomly allocated to two “the last human” scenarios. We found that the best predictor of such a sense of moral duty for future nature conservation is the recognition of the intrinsic values of sentient beings. Our results suggest that the concern for animal welfare may enhance rather than compete with the sense of moral duty towards nature conservation. (shrink)

This book argues that moral philosophy should be based on seven scientific principles of theory selection. It then argues that a new moral theory—Rightness as Fairness—satisfies those principles more successfully than existing theories. Chapter 1 explicates the seven principles of theory-selection, arguing that moral philosophy must conform to them to be truth-apt. Chapter 2 argues those principles jointly support founding moral philosophy in known facts of empirical moral psychology: specifically, our capacities for mental time-travel and modal imagination. Chapter 2 then (...) shows that these capacities present human decisionmakers with a problem of diachronic rationality that includes but generalizes beyond, L.A. Paul’s problem of transformative experience: a problem that I call “the problem of possible future selves.” Chapter 3 then argues that a new principle of rationality—the Categorical-Instrumental Imperative—is the only rational solution to this problem, as it requires our present and future selves to forge and uphold a recursive, bi-directional contract with each another given mutual recognition of the problem. Chapter 4 then shows that the Categorical-Instrumental Imperative has three identical formulations analogous but superior to Immanuel Kant’s various formulations of his ‘categorical imperative.’ Chapter 5 shows that these unified formulas jointly entail a particular test of moral principles: a Moral Original Position similar to John Rawls’ famous ‘original position’, but which avoids a variety of problems with Rawls' model. Chapter 6 then shows that the Moral Original Position generates Four Principles of Fairness, which can then be combined into a single principle of moral rightness: Rightness as Fairness. This new conception of rightness is shown to reconcile four dominant moral frameworks (deontology, consequentialism, virtue ethics, and contractualism), as well as entail a new method of moral decisionmaking for applied ethics: a method of “principled fair negotiation” according to which applied ethical issues cannot be wholly resolved through principled debate, but must instead be resolved by actual negotiation and compromise. This method is then argued to generate novel, nuanced analyses of a variety of applied moral issues, including trolley cases, torture, and the ethical treatment of nonhuman animals. Chapter 7 then shows that Rightness as Fairness reconciles three leading political frameworks—libertarianism, egalitarianism, and communitarianism—showing how all three embody legitimate moral ideals that can, and should, be fairly negotiated against each other to settle the scope, and nature, of domestic, international, and global justice on an ongoing, iterated basis. Finally, Chapter 8 argues that Rightness as Fairness satisfies all seven of the principles of theory-selected defended in Chapter 1 more successfully than rival theories. (shrink)

This article claims that legal time has excluded and submerged an important sense of time inside structured time. Structured time has two forms. Each form of structured time identifies a beginning to a legal order (droit, Recht) as a whole. The one form has focussed upon a critical date. The critical date is exemplified by a basic text, such as the Constitution, or the judicially identified date of settlement, sovereignty or territorial control of a territory by the state. The second (...) form of structured time has begun with the judicial recognition of a value such as the rule of law, the protection of minorities, equal treatment, or due process of law. With the two forms of structured time, jurists have proceeded to identify a binding law. Such a law has been considered a rule, principle, doctrine or other intelligible standard. Once structured legal time has thus begun, events of legal relevance have been represented by jurists in a distinct phase or period of time. Each such a distinct period is parsed through reference to its named, or labelled, starting point and the latter, in turn and ultimately, with reference to the beginning of the very constitutional order as a whole. Legal justification and the conceptual structures of justification are presumed to follow suit. The article argues, however, that another sense of time, excluded and submerged inside structured time, is experienced. An experienced event, manifested as a discrete incident in experiential time, opens to a condition of the possibility of the existence of law. (shrink)

With a few exceptions, researchers have treated concepts as complicated and multifaceted entities studied by means of their models. There are now at least two classes of concept models. The first class deals with isolated concepts as well as with processes of their construction, recognition, and comprehension. Models of this class depict conjecturable aspects of concepts in a form of their internal structures.Experts (Komatsu, Recent Views) identify many model types: the classical, the family resemblance, the exemplar, the explanation-based views, (...) etc. The second class deals with collections of concepts in a form of connectionist systems. Here various connections between concepts have expressed concept complexity (Goschke and Koppelberg, The Concept).Up to this point, these classes of models have been developed independently of one another. Nevertheless, there is a possibility of mutual enrichment of one class in relation to another class. This paper has two objectives: to introduce informally a triplet model (TM) of concepts and to show the kinds of concept connections that are established as a result of TM. (shrink)

Unusual among Western philosophers, Schopenhauer explicitly drew on Hindu and especially Buddhist traditions inhis moral philosophy. He saw plurality, especially the plurality of human persons, as a kind of illusion; in reality all is one, and compassionate acts express an implicit recognition of this oneness. Max Scheler retains the transcendence of self aspect of compassion but emphasizes that the subject must have a clear, lived sense of herself as a distinct individual in order for that transcendence to take place (...) properly. This feature is absent in the Buddhist tradition. Feminist philosophers of the early second wave built on this insight (only occasionally drawing it from Scheler) to recognize ways women are often not socialized to develop this distinctive sense of self, therefore harming their ability to engage in compassion and other forms of care for others. Iris Murdoch adds a Freudian-inspired (though Freud influenced Scheler also) pessimism about the ability of humans to keep their identities sufficiently distinct from the other to allow a clear view of the other, and thus real care and help to the other to take place. But in her later work, Murdoch explicitly recognizes and draws on the Buddhist tradition of oneness and transcendence of the self. Group solidarities can partake of aspects of Buddhist oneness and self-transcendence, for example the sense of fellowship in a social justice movement in which Blacks draw on a shared identity to experience connection, compassion, empathy, and solidarity with one another. But social justice movements also allow for a solidarity across racial lines, grounded in the shared commitment to justice, including justice for one of the groups in the solidarity community. (All these issues are powerfully portrayed in the 2014 film, Selma.) None of these solidarities, however, express the universalistic dimension of Buddhist oneness. (shrink)

The subject of zombies is one of the most discussed and controversial topics of philosophy of mind. In this paper I will first examine the main argument of zombies, providing a summary of the current discussion. Then I will introduce a thought experiment, an epistemic window on a metaphysical scenario. By the thought experiment I will argue that zombies are logically impossible. Further I will discuss another recent epistemic window. Finally I will provide some other logical consideration to prove (...) that intentionality is not reducible to the cognitive functional aspects of the mind and that, moreover, the subjective recognition of semantic contents is necessary in order to consider as sensical the verbal behavior of a zombie. (shrink)

Abstract A Note to Cogito Les Jones Blackburn College Previous submissions include -Intention, interpretation and literary theory, a first lookWittgenstein and St Augustine A DiscussionAreas of Interest – History of Western Philosophy, Miscellaneous Philosophy, European A Note on Cogito Descartes' brilliance in driving out doubt, and proving the existence of himself as a thinking entity, is well documented. Sartre's critique (or maybe extension) is both apposite and grounded and takes these enquiries on to another level. Let's take a look. (...) 'I think' somehow, for all its power, lacks something. What? Consider what one does when thinking (difficult, but we can try). Implicit in the word 'think', in fact the very essence of the word 'think', is that activity is going on, and if such activity is going on then it must be going on about something, an object, an emotion, a problem,or maybe some dreamlike state, but common to all these is that something is going on. Is that really so? Well, if that wasn't so we would be able to think in a pure state, wouldn't we? But what does a pure state of 'thinking' mean? It can't mean that there isnothing there, because if there were nothing there then no thinking would be taking place. Can it mean that we are thinking of nothing? Well no, because if we are thinking of nothing then we are thinking of something, we are contemplating the notion, or the nature, of nothing. In fact, one can argue that if we talk of something, inthis case nothing or nothingness, then in our head we have some notion of what that is, i.e. something exists in the mind for it to come out of our mouths. Thinking is a recognition of something outside the individual, for the very act of direction, which isan indispensable part of thinking, recognises, must recognise, that there are things to address outside the individual. Something else to bear in mind. According to Sartre human beings are condemned to freedom. Why condemned? Human beings did not choose to be born, but the act ofbeing born also imparts the freedom of which Sartre speaks. Freedom is something which we parrot off as being a sine qua non for the human condition. I believe that's true, but freedom in this sense isn't without its consequences for the individual humanbeing, for individual human beings handle freedom differently. To some it enables them to fly, to others it imparts immense pressures, anguish, heartbreak, unhappiness can all be associated with such freedom. Each individual is responsible for his destiny, for his direction. If someone says that God impelled him, that individual chose his or her God, and chose to obey his or her God. This believer has to sift through the multitude of things that his or her God desire of him or her. All this is fine, so long as we acknowledge what is going on here. Belief in God is, by definition, a belief. Belief, following Wittgenstein, is a language game with its rules and its boundaries. The essential feature of religion as language game are its boundaries, which can be summed up in the word belief. OK, belief has its practises which are its constituent parts, but belief is the boundary between religion and other language games, as the proof constituents are different. Our world is determined by the language used to describe everything that goes on within it. The boundaries of our world are set by the language we use. This might be better put as language gives access to ever expending boundaries. Ever expanding boundaries are only possible by ever expanding thought, and ever expanding thought is only possible by ever expanding directions to our thought brought about through language. It is a fact taken that to be conscious is to think. How could this be otherwise? Consciousness without thought just does not make sense. Imagine a state of consciousness without directional thought. What would it be like? It would be something never experienced, completely out of our understanding. Why? Because understanding itself is a directional thought process. If we say we are going outside our understanding then that is a world of void, and a world of void does not exist. Can such a world be contemplated in our thinking? Well, yes, but then it requires thinking, and thinking requires direction, and such direction requires language. Why does direction require language? Because there is no other way for human beings to articulate a directional thought. Could one point at an image without language? Well, one could have an image in mind, but the essence of saying something about it, of descriptive power, brings us back to the essence, to the power of language to direct. So what of this language of which we speak? Wittgenstein's private language argument points us towards the notion that language itself constantly develops and redevelops through human interaction. Descarte's cogito implies that thinking rules out doubt of one's own existence. But such thinking, to be valid, to make sense, to direct, must develop in a language that has developed, has been verified, by a plurality, by a plurality whose essence is social. Correct use of language symbols, i.e. words, requires that we verify and reverify the accuracy of such symbols. How do we do that? We do that in constant usage, in constant interaction, with other human beings. An individual using a private language could not be understood by others, his symbol system has not been verified by others, his meanings may not be your meanings. It follows from what we have said above that language is constructed, and is continually constructed, in a social context. Given our previous thoughts regarding verification this could not be otherwise. Language has a normative form. All language users are required, by their very use of the language, to verify the use of terms, grammar etc etc. As Wittgenstein cites (appropriately) games as a model, let us take a look. If I play e.g. Ludo, I am governed by the rules. It is not just that I may play dishonestly, for if I were to play at all that very dishonesty, to count as Ludo, would have to be rule governed. The rules of Ludo are Ludo, they are the essence and the constitution of it. Wittgenstein, particularly in his later writings, interweaves many concepts, and connects them in different and sometimes rather elusive ways. Wittgenstein sees concepts like emotions, sentiments and experiences in these interweaving maps. Of course these can be regarded as psychological concepts ** Language can be considered in another but related way, as embodying the elements of a cultural heritage. Language was seen as embodying the notion of higher culture in the arts, architecture etc. Over recent decades this has tended to shift to consider less tangible benefits, such things as oral traditions, cultural values and cultural identity. So language enables us to explore, through the achievements of past generations, cultural mores that may have laid unchallenged for many years. Many of these values and mores may be seen as independent of the language by which they are transmitted, but still this monumental accomplishment of mankind i.e. language, enables man to explore, to modify, to codify, to extend the boundaries of human experience. There are therefore massive implications for our Note on Cogito of Wittgenstein's work. Following Wittgenstein emotions and other psychological concepts can be termed depth grammar, and are distinguished by the fact that the third person of the present is recognised by observation, the first person is not. Taking Wittgenstein's well known pain example the sentence 'He is in pain' is a third person statement of an observational nature. The sentence 'I am in pain' is not derived from observation but from experience, it is an expression of that experience, it's essence is the experience. The asymmetry consists in the fact that predicting psychological attributes of others is warranted by what they do and say. By contrast, the use of such statements in the first person present tense does not rest on one's observation of one's own behaviour. (Hacker 2010:287) p 9 According to Wittgenstein 'I am in pain' is more like a cry of pain, an expression of pain, than a report of some pain. Of course this appertains for other similar statements. 'I feel good' etc. (shrink)

Contact between culturally distinct human groups in the contemporary ‘glocal’ -global and local- world is much greater than at any point in history. The challenge we face is the identification of the most convenient ways to organise the coexistence of different human language groups in order that we might promote their solidarity as members of the same culturally developed biological species. Processes of economic and political integration currently in motion are seeing increasing numbers of people seeking to become polyglots. Thus, (...) English is establishing itself as the usual world supra-language, although it coexists with other lingua francas that are widely used in certain parts of the globe. All this communicative reorganization of the human species may very well pose new problems and aggravate existing tensions as regards language and identity. It would seem that these processes comprise at least four major conceptual dimensions which must be taken into account above all else, as they are both widespread and, left unaddressed, may lead to significant social instability. These dimensions concern linguistic recognition, communicability, sustainability and integration. While accepting the utility of having an inter-national language, the keystone of the system is clearly that it must ensure the linguistic sustainability of each group. The basic principle is likely to be functional subsidiarity, i.e., whatever can be done by the local language should not be done by another one which is more global. As in the quote from Paracelsus --“the dose alone makes the poison”-- contact between languages is not ‘poisonous’ per se, but when the correct dose is exceeded it can prove harmful to the language whose position is weaker. A multilingual and communicated humanity is possible. (shrink)

The objective of this article is to see whether desire for recognition might contain an emancipatory aspect. Could this desire be a political ally? The argumentative strategy is to fully acknowledge the oppressive mechanisms at work before trying to find a way to other outcomes, including emancipation, with which desire for recognition has been associated in the tradition from Hegel. Through a re-interpretation of the master-and-slave dialectic, supplemented by sociological research on status expectations, I suggest a way out (...) of the vicious circle, where desire produced by power finds satisfaction through a preexisting other, resulting in an endless dynamic of compulsive conformity and regressive assertion of status. The hold of this dynamic must not be underestimated, yet, as I argue, both desire and what satisfies desire are liable to change, through struggle. The transformation of the generalized other, which provides recognition, is seen to be a crucial feature of all collective struggle. The very source of recognition is transformed, behind the backs of the actors, in turn affecting their desire. This can but must not lead to the emancipatory outcomes which are traditionally tied to recognition in the Hegelian tradition. (shrink)

Recognition of Religion or Belief presents a global overview of the systems, laws and mechanisms states have established to recognise religions and beliefs and to legally register their affiliated organisations. Recognition of Religion or Belief is the first book of its kind to dedicate its contents to the recognition and registration issues, especially how they intersect with religious freedom conditions around the world. The book provides an analysis of the most up-to-date data on the recognition systems (...) and registration procedures of every country and territory on the planet using terminology derived from Cometan's doctoral research forming his upcoming thesis titled Religious Freedom & State Recognition of Belief to which Recognition of Religion or Belief acts as both a compliment and precursor. (shrink)

This article focuses on the epistemic transition to testimonial justice. It argues that the recognition of testimonial injustice in the context of reproductive rights may play a central role in this transition. First, I show how testimonial injustice undermines women’s legal protection against sexual violence and rights triggered by it such as the right to abortion. Second, I argue that the epistemic transition initiated by the #MeToo and #YoSiTeCreo movements call for transitional justice. In support, I review the circumstances (...) of transitional justice for cases like the transition to testimonial justice. Finally, I focus on the area of reproductive rights. I argue that policies of recognition contribute to epistemic transitional justice and complement other strategies aimed to overcome testimonial injustice such as the virtue of the responsible hearer and institutional compensatory virtues. (shrink)

An explanation of the seeing of depth both in reality and in pictures requires a dual content theory of visual recognition. In addition, there are two necessary conditions on genuine seeing of depth-related content. First, the right kinds of dependence relations must hold between a physical picture, its content and its perceiver, and second, the perceiver must be in an appropriate, functionally defined perceptual state.

If mourning is a proof of value, how could it be appropriate to move on when one has truly loved and valued someone? Assuming that it is appropriate to value others extremely highly – perhaps even infinitely – how could it ever make sense for one’s grief to abate? Do loss and proper mourning thus present us with a choice between living well and loving well? This paper aims to vindicate the pressing nature of these questions while arguing that we (...) do not need to choose between living well and loving well. It discusses how these questions become pressing, some empirical research seeming to imply that humans do not tend to love well at all, and finally, offers an explanation of why ceasing to mourn need not be a failure of love. In particular, we offer an account of how ceasing to mourn can be a fitting response to the object of love, as well as compatible with living well. (shrink)

A growing number of decision theorists have, in recent years, defended the view that rationality is permissive under risk: Different rational agents may be more or less risk-averse or risk-inclined. This can result in them making different choices under risk even if they value outcomes in exactly the same way. One pressing question that arises once we grant such permissiveness is what attitude to risk we should implement when choosing on behalf of other people. Are we permitted to implement any (...) of the rationally permissible risk attitudes, is there some specific risk attitude that is required when choosing for others, or are we required to defer to the risk attitudes of the people on whose behalf we are choosing? This article elaborates on this question, explains its wider practical and theoretical significance, provides an overview of existing answers, and explores how to go about providing a more systematic account of how to choose on behalf of others in risky contexts. (shrink)

Just as AI has moved away from classical AI, human-computer interaction (HCI) must move away from what I call ‘good old fashioned HCI’ to ‘new HCI’ – it must become a part of cognitive systems research where HCI is one case of the interaction of intelligent agents (we now know that interaction is essential for intelligent agents anyway). For such interaction, we cannot just ‘analyze the data’, but we must assume intentions in the other, and I suggest these are largely (...) recognized through resistance to carrying out one’s own intentions. This does not require fully cognitive agents but can start at a very basic level. New HCI integrates into cognitive systems research and designs intentional systems that provide resistance to the human agent. (shrink)

The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the EU requires an (...) additional and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions. (shrink)