Moral value as it was understood by Nicolai Hartmann and by Max Scheler belongs uniquely to volitions or willings, to dispositions to will and to persons as beings capable of willing. Moreover, as understood in this paper as well as by Hartmann, Scheler, and Husserl, every volition necessarily involves if not actual valuings then reference to retained valuings and potential valuings as well as to cognitive mental phenomena. As used here, the terms 'volition' and 'willing' denote mental traits, such as (...) lived experiences and habits insofar as they either do or can occur actively. A trait of a mind or "monad" can have moral value — in contrast to utility, for example — only (would belong) insofar as it is or can be or could have been engaged in and so performed by the person or ego to whose mind the trait belongs . The classification of lived experiences as voluntary or not voluntary cuts across the three-fold classification of mental processes as cognitive, affective, or conative. This seems to be the most appropriate way of distinguishing the voluntary from the involuntary. Voluntary mental phenomena are characterized by the engagement of the ego in some lived experience occurring in the flux of its lived experiences, i.e., by taking position. " within the text below by numbers. End notes are referred to within square brackets [] linked to the notes and these link back to the text loci. Text printed in sepia has been emended. The brief passage in the text that occurs in angle brackets and in the same color as this introductory note has been added to state more pointedly an important issue>. (shrink)

DESCRIPTION—An essay showing Kafka's The Trial to be written as illustration of an important theory of natural that remains quite unknown all but a very few critics and commentators. CONTENTS 1. The charge against Joseph K. Ignorance of the natural sanction of law and custom a. Brentano's conception of natural law b. Natural law and human need in the Protagoras 2. Correct choice: Brentano's ethical theory a. The empirical origin of the concepts "good" and "better": analogous derivation of "true" b. (...) Evident and blind judgments; evident and blind emotions c. Virtue is unteachable: the point of K.'s Trial d. Guilt and definite acquittal are logically compatible 3. K.'s case on appeal: innocence can be acquired 4. K.'s delusion over guilt: the legend "Before the Law". (shrink)

Since the earliest commentaries on Heidegger's Being & Time, its theory of judgment and of propositions has been widely misrepresented as relativistic, psychologistic, anthropologistic, pragmatic, etc. Even Edmund Husserl allowed himself to be persuaded to this point of view, to the great detriment of his phenomenological movement. And most of Heidegger's interpreters, whether friendly or hostile, have adopted this point of view, which normally includes the notion that there can be no fundamental difference between circumspective and apophantic forms of explication. (...) This misreading ignores important aspects of the theory of propositional explication in Being & Time, ignores the fact that forms of interpretation would not be genera or species of interpretation, and is a clear instance of genetic fallacy. Yet it pervades the literature on Heidegger still. (shrink)