Definition of the problem: The connection between time and the good life has already been worked out for a number of medical specialties and practices. However, what role does the temporality of the good life play for medicine as a whole? That is the central question of this article. Arguments: The good life is here understood as a meaningful life. Living meaningfully is only possible through present action. A fulfilled presence in this sense is therefore an essential aspect of the (...) temporality of the good life. Illness tends to prevent a fulfilled presence. In this respect, medical treatments aim to enable a fulfilled presence. A second structure of time, that is central to the good life, consists in the chronobiological rhythms, upon the maintenance and restoration of which health is critically dependent. Conclusion: The temporality of the good life has a twofold relevance for medicine as a whole. First, the purpose of medical treatment is to enable a fulfilled present. Second, this can and should be done by maintaining and restoring chronobiological rhythms. ++++ Der Zusammenhang von Zeit und gutem Leben wurde bereits für eine Reihe medizinischer Disziplinen und Praktiken herausgearbeitet. Doch welche Rolle spielt die Zeitlichkeit des guten Lebens für die Medizin insgesamt? Das ist die leitende Frage dieses Artikels. Dabei wird das gute Leben als sinnvolles Leben verstanden. In diesem Sinne wird für eine zweifache medizinische Relevanz der Zeitlichkeit des guten Lebens argumentiert: Erstens besteht der Sinn medizinischer Behandlungen in der Ermöglichung erfüllter Gegenwart. Zweitens kann und sollte ebendies u. a. durch die Wahrung und Wiederherstellung der chronobiologischen Rhythmen geschehen. (shrink)

In humans, at least some of our ability to coordinate our actions with the timing of events in our world is due to our capacities for temporal cognition. However, controversy arises when we turn our attention to the animal world. In this paper, we will argue that apes, especially Taï Chimpanzees, are capable of genuine temporal cognition. That is, they are able to mentally represent and reason about time in cognition. We do this by developing a novel analysis of the (...) mental representation of time. (shrink)

Introduction to Engineering Ethics provides the background for discussion of the basic issues in engineering ethics. Emphasis is given to the moral problems engineers face in the corporate setting. It places those issues within a philosophical framework, and it seems to exhibit both their social importance and their intellectual challenge. The primary goal is to stimulate critical and responsible reflection on moral issues surrounding engineering practice and to provide the conceptual tools necessary for pursuing those issues. As per new ABET (...) 2000 guidelines, more and more introductory engineering courses cover engineering ethics as part of their instruction. Students preparing to function within the engineering profession need to be introduced to the basic issues in engineering ethics. This book places those issues within a wider philosophical framework than has been customary in the past and aims to stimulate critical and responsible reflection on the moral issues surrounding engineering practice and to provide the conceptual tools necessary for pursuing those issues. (shrink)

The majority of historians and teachers of history tend to believe that it was the Propaganda of the educated elite that led to the Philippine Revolution of 1896. Reynaldo Ileto already made a powerful critique on such perspective by analyzing the mentalité of the pobres y ignorantes, and showed that they indeed possessed a certain worldview that was far different from that of the Ilustrados of the Propaganda Movement. Ileto, however, remained within the limits of the Catholic ideology and its (...) appropriation by the masses in the 19th century. This paper aims to study ginhawa, a Filipino concept, as both a concept and an ideology. The paper argues that ginhawa was used by the natives in interpreting the workings of colonialism. (shrink)

The experimental philosophy movement advocates the use of empirical methods in philosophy. The methods most often discussed and in fact employed in experimental philosophy are appropriated from the experimental paradigm in psychology. But there is a variety of other (at least partly) empirical methods from various disciplines that are and others that could be used in philosophy. The paper explores the application of corpus analysis to philosophical issues. Although the method is well established in linguistics, there are only a few (...) tentative attempts of philosophers to utilise it. Examples are introduced and the merit of corpus analysis is compared to that of using general internet search engines and questionnaires for similar purposes. (shrink)

That believing truly as a matter of luck does not generally constitute knowing has become epistemic commonplace. Accounts of knowledge incorporating this anti-luck idea frequently rely on one or another of a safety or sensitivity condition. Sensitivity-based accounts of knowledge have a well-known problem with necessary truths, to wit, that any believed necessary truth trivially counts as knowledge on such accounts. In this paper, we argue that safety-based accounts similarly trivialize knowledge of necessary truths and that two ways of responding (...) to this problem for safety, issuing from work by Williamson and Pritchard, are of dubious success. (shrink)

Vigorous debate over the moral propriety of cognitive enhancement exists, but the views of the public have been largely absent from the discussion. To address this gap in our knowledge, four experiments were carried out with contrastive vignettes in order to obtain quantitative data on public attitudes towards cognitive enhancement. The data collected suggest that the public is sensitive to and capable of understanding the four cardinal concerns identified by neuroethicists, and tend to cautiously accept cognitive enhancement even as they (...) recognize its potential perils. The public is biopolitically moderate, endorses both meritocratic principles and the intrinsic value of hard work, and appears to be sensitive to the salient moral issues raised in the debate. Taken together, these data suggest that public attitudes toward enhancement are sufficiently sophisticated to merit inclusion in policy deliberations, especially if we seek to align public sentiment and policy. (shrink)

Das sinnvolle Leben ist nicht nur in der gegenwärtigen Philosophie wieder verstärkt ein Thema, sondern auch in Psychiatrie und Psychotherapie. Bereits seit langer Zeit jedoch spielt es eine zentrale Rolle in der Existenzanalyse und Logotherapie, die der Psychiater Viktor E. Frankl entwickelt hat. Frankls eigenständige Sinntheorie wird in der gegenwärtigen philosophischen Sinndebatte allerdings weitestgehend ignoriert. Das Ziel dieses Artikels ist es, diesen Zustand zu beenden und die heutige philosophische Sinndebatte mit Frankl ins Gespräch zu bringen. Einerseits geht es darum, Frankls (...) Sinntheorie im Lichte der philosophischen Sinndebatte zu verstehen und zu bewerten: Was für eine Art von Sinntheorie vertritt er? Wie ist sie einzuordnen? Wie steht es um ihre innere Kohärenz, die Plausibilität seiner sinntheoretischen Überzeugungen und die Qualität ihrer Begründung? Andererseits soll geprüft werden, inwiefern Frankls Ansatz die gegenwärtige philosophische Sinndiskussion voranbringen kann: Gibt es bei ihm theoretische Elemente, die in der Philosophie zu wenig Beachtung finden? Kann er der philosophischen Sinntheorie wichtige Impulse geben? Die Analyse folgt in ihrer Struktur wesentlichen Elementen der Frankl’schen Sinntheorie, von den grundlegenden formalen und metaethischen Aspekten hin zu inhaltlichen Bestimmungen des Sinns und dem individuellen Umgang mit ihm: Zunächst wird die zentrale Bedeutung des Sinns für das menschliche Leben thematisiert, dann Fragen nach der metaethischen Einordnung, nämlich nach der subjektivistischen oder objektivistischen Ausrichtung sowie der Rolle des Supernaturalismus. Dann stehen mit der Selbsttranszendenz und dem Wertebezug sowie den drei Wertkategorien wesentliche Elemente der Sinnkonstituierung im Fokus der Betrachtung. Die Ergebnisse werden im Schlusskapitel zusammengefasst. Es zeigt sich, dass der theoretische Austausch in beide Richtungen fruchtbar sein kann, Frankls Denken allerdings auch einige Hindernisse bereithält. Sein Ansatz entpuppt sich mit seinem objektivistischen Charakter und der zentralen Rolle von Selbsttranszendenz und Wertbezug als an die heutige Sinndiskussion gut anschlussfähig, seine oftmals fehlenden Begründungen hingegen als gravierender methodischer Makel, bei dem eine Orientierung an modernen philosophischen Standards wünschenswert wäre. Wiederholt entsteht der Eindruck, dass seine Sinntheorie maßgeblich durch sein praktisches, therapeutisches Interesse geprägt ist. Einigen seiner Theoreme wird das Potential zugesprochen, die philosophische Sinntheorie bereichern zu können: Das sind die Situativität und Individualität des Sinns sowie die Gegebenheit der Sinnmöglichkeiten und die Verantwortung für ihre Verwirklichung. (shrink)

Karaniwang itinuturing si Jose Rizal bilang tagapanguna ng paninindigan sa karapatan ng babae sa Asya. Eksplisito itong ipinahayag ng pambansang heroé sa pamamagitan ng kanyang liham sa mga kababaihan ng Malolos. Ang mga prinsipyong isinulong dito ni Rizal, ayon kay Lilia Quindoza-Santiago, ay nagtataglay ng mga implikasyon sa kilusang kababaihan sa bansa. Maliban sa liham na nabanggit, mapagkukunan din ng interpretasyon ang ilang babaeng tauhan ni Rizal sa kanyang mga nobela. Ilang bagay ang dapat itanong: habang kritikal nga si Rizal (...) sa patriarka, saan maitatakda ang hangganan ng kanyang paninindigan tungkol sa kalagayan ng babae sa kolonya? Paano naging bahagi ng kaniyang nasyonalismo ang mga imahenaryong nilikha niya tungkol sa babae? (shrink)

Ang papel na ito ay isang pagtatangka ng paghahawan ng landas tungo sa potensyal ngginhawa bilang isang konseptong kultural-pilosopikal. Gagawin ang paghahawan mula sapagtititistis ng ilang datos mula sa kasaysayan, kultura at maging sa wikang Filipino. Nahahatiang papel sa dalawang bahagi: una, ang talakay sa lagay ng Pilosopiyang Pilipino; pangalawaang pagbubulaybulay tungkol sa ginhawa bilang konsepto, sa aspektong historikal, politiko-ekonomiko, at linggwistiko.

In their paper "How Fundamental Physics represents Causality", Andreas Bartels and Daniel Wohlfarth maintain that there is place for causality in General Relativity. Their argument contains two steps: First they show that there are time-asymmetric models in General Relativity, then they claim to derive that two events are causally connected if and only if there is a time-asymmetric energy flow from one event to the other. In our comment we first give a short summary of their paper followed by a (...) section introducing and pondering different conceptions of causation since Bartels and Wohlfarth don’t explicitly declare which notion of causation they build on in the paper. In order to analyze their argument in detail we formalize their crucial step in logical terms. This helps to pose the question whether their proposed derivation is not just a definition in a more precise way. (shrink)

This article develops a criticism of Alain Badiou’s assertion that “mathematics is ontology.” I argue that despite appearances to the contrary, Badiou’s case for bringing set theory and ontology together is problematic. To arrive at this judgment, I explore how a case for the identification of mathematics and ontology could work. In short, ontology would have to be characterised to make it evident that set theory can contribute to it fundamentally. This is indeed how Badiou proceeds in Being and Event. (...) I review his descriptions of the ontological problematic at some length here, only to argue that set theory is a poor fit. Although philosophers working on questions of being were certainly occupied with matters of oneness and the part-whole relationship, I argue that Badiou’s discussion of philosophical sources points towards a mereological treatment, not a set-theoretic one. Finally, I suggest that Badiou’s philosophical interpretations of key set-theoretic results are better understood as some sort of analogising between mathematics, ontology, and philosophical anthropology. (shrink)

Background: -/- One influential view is that vulnerability to major depressive disorder (MDD) is associated with a proneness to experience negative emotions in general. In contrast, blame attribution theories emphasise the importance of blaming oneself rather than others for negative events. Our previous exploratory study provided support for the attributional hypothesis that patients with remitted MDD show no overall bias towards negative emotions, but a selective bias towards emotions entailing self-blame relative to emotions that entail blaming others. More specifically, we (...) found a decreased proneness for contempt/disgust towards others relative to oneself (i.e. self-contempt bias). Here, we report a definitive test of the competing general negative versus specific attributional bias theories of MDD. Methods: -/- We compared a medication-free remitted MDD (n = 101) and a control group (n = 70) with no family or personal history of MDD on a previously validated experimental test of moral emotions. The task measures proneness to specific emotions associated with different types of self-blame (guilt, shame, self-contempt/disgust, self-indignation/anger) and blame of others (other-indignation/anger, other-contempt/disgust) whilst controlling for the intensity of unpleasantness. Results: -/- We confirmed the hypothesis that patients with MDD exhibit an increased self-contempt bias with a reduction in contempt/disgust towards others. Furthermore, they also showed a decreased proneness for indignation/anger towards others. Conclusions: -/- This corroborates the prediction that vulnerability to MDD is associated with an imbalance of specific self- and other-blaming emotions rather than a general increase in negative emotions. This has important implications for neurocognitive models and calls for novel focussed interventions to rebalance blame in MDD. (shrink)

Since one of the connotations of maturity is development, the meaning of emotional maturity that we come to is to control and cultivate our ability to emote. Since this conception of emotional maturity is subsumed under a conception of the self, by describing the mechanism of the self as a process of development, we can also account for emotional maturity. The implications of this way of looking at emotional maturity, by looking at one’s self, reveal important problems about what the (...) mind is and how the mind functions in order for us to cope with and thrive in life. (shrink)

We attribute three major insights to Hegel: first, an understanding of the real numbers as the paradigmatic kind of number ; second, a recognition that a quantitative relation has three elements, which is embedded in his conception of measure; and third, a recognition of the phenomenon of divergence of measures such as in second-order or continuous phase transitions in which correlation length diverges. For ease of exposition, we will refer to these three insights as the R First Theory, Tripartite Relations, (...) and Divergence of Measures. Given the constraints of space, we emphasize the first and the third in this paper. (shrink)

It is fair to say that Georg Wilhelm Friedrich Hegel's philosophy of mathematics and his interpretation of the calculus in particular have not been popular topics of conversation since the early part of the twentieth century. Changes in mathematics in the late nineteenth century, the new set-theoretical approach to understanding its foundations, and the rise of a sympathetic philosophical logic have all conspired to give prior philosophies of mathematics (including Hegel's) the untimely appearance of naïveté. The common view was expressed (...) by Bertrand Russell: -/- The great [mathematicians] of the seventeenth and eighteenth centuries were so much impressed by the results of their new methods that they did not trouble to examine their foundations. Although their arguments were fallacious, a special Providence saw to it that their conclusions were more or less true. Hegel fastened upon the obscurities in the foundations of mathematics, turned them into dialectical contradictions, and resolved them by nonsensical syntheses. . . .The resulting puzzles [of mathematics] were all cleared up during the nineteenth century, not by heroic philosophical doctrines such as that of Kant or that of Hegel, but by patient attention to detail (1956, 368–69). (shrink)

The concept of moral corruption has been pointed at as the root cause of our failure to make progress with acting towards a sustainable future. This chapter defines moral corruption as the agent’s strategy not to form the intentions needed to overcome the motivational obstacles of sustainable action. Moral corruption is considered similar to Kant’s radical evil; it causes our practical identities to be divided. The question then arises: how could we possibly strive for moral integrity, while simultaneously being infected (...) with the ‘disease’ of moral corruption? It is argued that we have an indirect motive for sustainable action in wanting to prevent our practical identity from falling apart. (shrink)

The small improvement argument has been said to establish that the standard weak preference or value relation can be incomplete. We first show that the argument is one of three possible ‘small amendment arguments’, each of which would yield the same conclusion. Generalizing the analysis thus, we subsequently present a strong and a weak version of small amendment arguments and derive the exact rationality conditions under which they reveal incompleteness. The results show that the arguments (in any of their variants) (...) need not reveal a problem for the possibility of rational choice. In fact, it can be argued that they only reveal such a problem if the underlying relation is complete rather than incomplete. (shrink)

According to an influential contextualist solution to skepticism advanced by Keith DeRose, denials of skeptical hypotheses are, in most contexts, strong yet insensitive. The strength of such denials allows for knowledge of them, thus undermining skepticism, while the insensitivity of such denials explains our intuition that we do not know them. In this paper we argue that, under some well-motivated conditions, a negated skeptical hypothesis is strong only if it is sensitive. We also consider how a natural response on behalf (...) of DeRose appears to be equally available to his primary rival (viz., the sensitivity theorist). (shrink)

This doctoral thesis examines the phenomenon of Filipinization, specifically understood as the ideological construction of a “Filipino identity” or ‘Filipino subject-consciousness” within the highly determinate context provided by the Filipino ilustrado nationalists such as José Rizal, Marcelo H. del Pilar and their fellow propagandists inasmuch as it leads to the nineteenth (19th) century construction of the modern Philippine nation. Utilizing Jacques Derrida’s deconstructive thinking, this study undertakes a genealogical critique engaged on the concrete historical examination of what is meant by (...) the term “Filipino” across a select historical timeline (1864-1898) and the various notions of Filipino identity implied by the different contexts within which the term “Filipino” has been employed. More specifically, it undertakes a selective philosophical excavation of three seminal texts in the history of Filipinization, viz.: 1) the Manifiesto of Padre Jose Burgos; 2) the writings of the Filipino ilustrados in La Solidaridad; and 3) Jose Rizal’s Annotations on Dr. Antonio de Morga’s Sucesos de las Islas Filipinas. -/- The philosophical claim of this work is the idea that Filipinization, taken as the differential construction of Filipino identity, is the effective translation of the colonial epistemic violence of Eurocentric racism and its consequent “horror of absolutism” into the homo-hegemony of Filipino nationalisms. By fetishizing the notion of a carefully constructed and essential “Filipino-identity,” Filipinization and the current nationalist discourses that utilize them, unwittingly, stands complicit with the same colonial violence and hegemony that they wish to combat. This happens precisely when the very structures of colonial oppression, on the ideological and practical levels, are transmogrified into nationalist ideals that assume legal and political power unto themselves in a self-referential and self-legitimating fashion. -/- Three processes will demonstrate the above thesis: first, by examining historical texts and setting itself against established nationalist historiographies, a genealogical analysis of the term “Filipino” reveals it as a pliable signifier whose semantics have evolved through time. From its originary referent in the Spanish criollo (creole), it has come to refer to people who would have been otherwise entirely alien to this class, viz., the mestizos (both Spanish and Chinese), the principalia (native elite), and eventually, the lowland Catholicized natives themselves. The historical hermeneutic of this identity-discourse in Padre José Burgos’ Manifiesto yields the fact that what gives the term “Filipino” its semantic consistency as a class concept is its essential constitution as a Hispanic and Catholic identity. -/- Second, from this semantic identification of the term “Filipino” as a Hispano-Catholic identity, we proceed to clarify the meaning of Filipinization in terms of the nationalist propaganda carried out by the Filipino ilustrados in the fortnightly periodical La Solidaridad. Here, the specific ilustrado construction of Filipino identity as a Spanish citizen (ciudadano Español) is revealed precisely as a political and legal construct that served as the basis for their own politics of social inclusion/exclusion. Filipinization can only be applied to those who have been hispanized and Christianized and never to those tribes who have resisted and remained outside Spanish colonial authority. Filipinization is thus revealed as a process of Hispanization and Christianization whereby the recipients of Spanish colonial hegemony are transformed into the religiously docile bodies of the Spanish Empire. -/- From this highly determinate context, the study proceeds to examine Rizal’s ontological grounding of collective Filipino-ness in the mythological construction of the pre-hispanic past as the source of a unique Filipino ancestrality. In his work on de Morga’s Sucesos, what is revealed is a mythologization that grounds a native, essential Filipino identity within a past unscathed by the Spanish colonial experience. Such mythologization, however, can only be possible through an anachronistic nationalist interpretation of historical data. Here, Filipinization is revealed as an exclusive prerogative, a nationalist program by which Rizal and the ilustrado class can combat the evils and excesses of the Spanish colonial enterprise. Ironically, though, this same struggle for emancipation also became an instrument by which the ilustrado class can retain their unjustified position of power over those who belonged to the colonial underside, thus, securing the possibility of perpetuating their own ilustrado bourgeois class interests. -/- Such discursive complicity is the essence of the myth of Filipinization: it presents nationalist identity discourse as an anti-colonial enterprise while being underlined by an economy of motives designed to cater primarily to the exclusive interests of the elite and ilustrado class. Thus, instead of securing the genuine, inclusive emancipation of all colonial subjects and a more humane existence for the poor and suffering majority, ilustrado nationalism has, ironically, merely reinforced those operative structures of colonial discrimination and oppression when the ilustrados: 1) grounded their racial theory upon the very same discourse of Eurocentric superiority that they are precisely supposed to question and 2) claimed a patrimony over Filipinas as their exclusive sovereign inheritance. These two factors illustrate how the manifest transfer of power from the Spanish Empire to the Philippine sovereign nation (and later as a nation-state) illustrate how Filipinization merely has transmogrified the face of Spanish colonialism into its new, subtle, and worse form in Filipino nationalism. -/- In this vein, the existence of the 19th century modern Philippine nation merely masked and deferred the crisis that was supposed to transfer power from the Spanish Empire to the multitude of the poor and suffering native indio majority. This crisis became all the more difficult to address be-cause of the duplicitous character of the discourse of Filipinization itself. It has not only effectively transferred power into the hands of the nationalist elite but also captured authentic emancipatory discourse within the identity-trap against which it can only hope to get out. This study concludes with the claim about the impossibility of ever escaping and overcoming the epistemic and practical violence necessarily contained within the historical discourse of colonialism. Or simply, we have no language or discourse that would enable us to overcome the complicity of Filipinization with the very (epistemic) violence against which it has set itself. (shrink)

Although philosophers have often held that causation is a purely descriptive notion, a growing body of experimental work on ordinary causal attributions using questionnaire methods indicates that it is heavily influenced by normative information. These results have been the subject of sceptical challenges. Additionally, those who find the results compelling have disagreed about how best to explain them. In this chapter, we help resolve these debates by using a new set of tools to investigate ordinary causal attributions—the methods of corpus (...) linguistics. We apply both more qualitative corpus analysis techniques and the more purely quantitative methods of distributional semantics to four target questions: Can corpus analysis provide independent support for the thesis that ordinary causal attributions are sensitive to normative information? Does the evidence coming from corpus analysis support the contention that outcome valence matters for ordinary causal attributions? Are ordinary causal attributions similar to responsibility attributions? Are causal attributions of philosophers different from causal attributions we find in corpora of more ordinary language? We argue that the results of our analyses support a positive answer to each of these questions. (shrink)

In this chapter, we outline the range of argument forms involving causation that can be found in everyday discourse. We also survey empirical work concerned with the generation and evaluation of such arguments. This survey makes clear that there is presently no unified body of research concerned with causal argument. We highlight the benefits of a unified treatment both for those interested in causal cognition and those interested in argumentation, and identify the key challenges that must be met for a (...) full understanding of causal argumentation. (shrink)

Common everyday materials such as textiles, foodstuffs, soil or skin can have complex, mutable and varied appearances. Under typical viewing conditions, most observers can visually recognize materials effortlessly, and determine many of their properties without touching them. Visual material perception raises many fascinating questions for vision researchers, neuroscientists and philosophers, yet has received little attention compared to the perception of color or shape. Here we discuss some of the challenges that material perception raises and argue that further philosophical thought should (...) be directed to how we see materials. (shrink)

The study zeroed in on the perception of college students who are exposed to sights of poverty in their immediate environment. The student-participants were asked to provide their perception, understanding, and behaviour towards poverty using the photographs that they took on their own. In qualitative research practice, this methodology is called photo elicitation. It was revealed, among others, that the participants have shown negative perceptions about poverty. They strongly felt bad about each photograph that they took and what these images (...) portrayed. The participants visualized their community and thereby weaved analyses and opinions that encroached on various philosophical and sociological theories. There are four interrelated dominant images that were drawn: exteriority image, dirt-poor image, victim-blaming image, and hand-to-mouth image. (shrink)

Importance: Patients with remitted major depressive disorder (MDD) were previously found to display abnormal functional magnetic resonance imaging connectivity (fMRI) between the right superior anterior temporal lobe (RSATL) and the subgenual cingulate cortex and adjacent septal region (SCSR) when experiencing self-blaming emotions relative to emotions related to blaming others (eg, "indignation or anger toward others"). This finding provided the first neural signature of biases toward overgeneralized self-blaming emotions (eg, "feeling guilty for everything"), known to have a key role in cognitive (...) vulnerability to MDD. It is unknown whether this neural signature predicts risk of recurrence, a crucial step in establishing its potential as a prognostic biomarker, which is urgently needed for stratification into pathophysiologically more homogeneous subgroups and for novel treatments. -/- Objective: To use fMRI in remitted MDD at baseline to test the hypothesis that RSATL-SCSR connectivity for self-blaming relative to other-blaming emotions predicts subsequent recurrence of depressive episodes. -/- Design, setting, and participants: A prospective cohort study from June 16, 2011, to October 10, 2014, in a clinical research facility completed by 75 psychotropic medication-free patients with remitted MDD and no relevant comorbidity. In total, 31 remained in stable remission, and 25 developed a recurring episode over the 14 months of clinical follow-up and were included in the primary analysis. Thirty-nine control participants with no personal or family history of MDD were recruited for further comparison. -/- Main outcomes and measures: Between-group difference (recurring vs stable MDD) in RSATL connectivity, with an a priori SCSR region of interest for self-blaming vs other-blaming emotions. -/- Results: We corroborated our hypothesis that during the experience of self-blaming vs other-blaming emotions, RSATL-SCSR connectivity predicted risk of subsequent recurrence. The recurring MDD group showed higher connectivity than the stable MDD group (familywise error-corrected P < .05 over the a priori SCSR region of interest) and the control group. In addition, the recurring MDD group also exhibited RSATL hyperconnectivity with the right ventral putamen and claustrum and the temporoparietal junction. Together, these regions predicted recurrence with 75% accuracy. -/- Conclusions and relevance: To our knowledge, this study is the first to provide a robust demonstration of an fMRI signature of recurrence risk in remitted MDD. Additional studies are needed for its further optimization and validation as a prognostic biomarker. (shrink)

Background: Subgenual cingulate cortex (SCC) responses to self-blaming emotion-evoking stimuli were previously found in individuals prone to self-blame with and without a history of major depressive disorder (MDD). This suggested SCC activation reflects self-blaming emotions such as guilt, which are central to models of MDD vulnerability. -/- Method: Here, we re-examined these hypotheses in an independent larger sample. A total of 109 medication-free participants (70 with remitted MDD and 39 healthy controls) underwent fMRI whilst judging self- and other-blaming emotion-evoking statements. (...) They also completed validated questionnaires of proneness to self-blaming emotions including those related to internal (autonomy) and external (sociotropy) evaluation, which were subjected to factor analysis. -/- Results: An interaction between group (remitted MDD v. Control) and condition (self- v. other-blame) was observed in the right SCC (BA24). This was due to higher SCC signal for self-blame in remitted MDD and higher other-blame-selective activation in Control participants. Across the whole sample, extracted SCC activation cluster averages for self- v. other-blame were predicted by a regression model which included the reliable components derived from our factor analysis of measures of proneness to self-blaming emotions. Interestingly, this prediction was solely driven by autonomy/self-criticism, and adaptive guilt factors, with no effect of sociotropy/dependency. -/- Conclusions: Despite confirming the prediction of SCC activation in self-blame-prone individuals and those vulnerable to MDD, our results suggest that SCC activation reflects blame irrespective of where it is directed rather than selective for self. We speculate that self-critical individuals have more extended SCC representations for blame in the context of self-agency. (shrink)

Arthura Kaufmanna filozofia prawa wyrasta przede wszystkim z neokantyzmu aksjologicznego reprezentowanego przez „późnego” Gustava Radbrucha, którego uważał on za najważniejszego ze swych nauczycieli, oraz z hermeneutyki filozoficznej Hansa-Georga Gadamera. W późniejszym okresie znaczący wpływ na Kaufmanna wywarł Charles S. Peirce, którego pracami posiłkował się opracowując problematykę analogii (wiążąc ją z opracowanym przez Pierca zagadnieniem abdukcji) oraz ontologii relacji. Niektóre wątki poglądów Kaufmanna nawiązują do egzystencjalizmu Karla Jaspersa oraz antropologii Karla Löwitha. Obecne są także inspiracje tomistyczne i arystotelesowskie. Jest to filozofia (...) prawa o charakterze maksymalistycznym. Kaufmann wpisuje się w sięgającą starożytności tradycję uprawiania filozofii, w której stawia się pytania o całość; filozofia pyta o to, co to jest "byt w ogóle", byt "w całości"; filozofia prawa stawia pytania o to, co to jest prawo "w całości", prawo "w ogóle" . Podejmuje wprost fundamentalne zagadnienia należące do zasadniczych dziedzin filozoficznych – epistemologiczne, ontologiczne, etyczne, nie stroniąc także od zagadnień z zakresu logiki. Uprawiana przez niego filozofia ma charakter systemowy, co sprawia, że jej zrozumienie zakłada ujęcie całości propozycji. Sam Kaufmann uważa, że systemy filozofii prawa należą już do historii, jednak ta uwaga jest o tyle jedynie trafna w odniesieniu do niego samego, że jego filozofia prawa – w zgodzie z jego deklaracjami – nie zmierza do „gotowych rozwiązań” konkretnych kwestii prawnych, ale zmierza do ukształtowania pewnego sposobu refleksji nad prawem. Jego koncepcja jest ważnym głosem w sporze klasycznego pozytywizmu z koncepcjami niepozytywistycznymi. Za prawo w pełnym tego słowa znaczeniu uznaje konkretne rozstrzygnięcie, co niewątpliwie łączy jego podejście z amerykańskim realizmem prawnym. Rekonstruowana przez Kaufmanna struktura procesu „urzeczywistniania” prawa, dokonywana w kontekście i na użytek kultury prawnej typu kodeksowego, kontynentalnego, uwyraźnia obecność elementów typowych dla kultury prawa precedensowego –wnioskowanie od przypadku do przypadku. Jednocześnie za istotny problem każdego porządku normatywnego uznaje uogólnienie. Jest to znamienny teoretyczny wyraz narastającej świadomości współwystępowania obok siebie zasadniczych elementów każdego z tych typów kultur prawnych. Kaufmann trafnie dostrzega, że w konkretnym rozstrzygnięciu są obecne elementy normatywne wykraczające poza to, co jest zawarte w aktach normatywnych. Podobnie jak Ronald Dworkin, Kaufmann wskazuje, że dokonujący rozstrzygnięcia, czy tego chce, czy nie, „stosuje” szereg elementów normatywnych spoza aktów normatywnych. Analizy prowadzą do wniosku, że propozycja Kaufmanna zawodzi, gdy przechodzi on do ontologicznych uogólnień, przede wszystkim przez brak uwzględnienia w swych podstawach takich punktów odniesienia, które są zewnętrzne wobec badanego procesu „urzeczywistniania” prawa. To, czym jest osoba, determinowane jest systemem prawnym i kulturą, w której prawo funkcjonuje. Przy takim ujęciu Kaufmann nie osiąga jednego z ważnych celów, do którego zmierzał, nie wskazuje kryteriów pozwalających stwierdzić, czy stopniowa – dokonywana zgodnie z odkrytymi przez hermeneutykę filozoficzną wymaganiami poprawnego rozumienia – zmiana normatywnego sensu systemu prawnego zmierza ku „ustawowemu bezprawiu”, czy też nie. (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)

Tekst dotyczy zaproponowanej przez Arthura Kaufmanna koncepcji prawa do sprzeciwu (wobec władzy - wobec niesprawiedliwych ustaw) "w drobnej monecie". Koncepcja ta stanowi punkt wyjścia do refleksji nad formułą Radbrucha (nad czymś, co określam mianem "ciemnej strony" formuły Radbrucha), nad możliwością modyfikacji tej formuły i nad rozproszoną kontrolą konstytucyjności jako sposobem realizacji prawa do sprzeciwu "w drobnej monecie".

What is reality? It is postmodern or poststructuralist philosophers like Roland Barthes, who realized that it only seems that the media present reality in the form of facts, because they actually spread myths. Accordingly, Jacques Derrida made it clear that communication via media is not based on logic, but is characterized by a significant “différance” between a “marque” (trace) of the past and the expectations of the future. Both agreed, that the initial misunderstanding of the concept of reality must (...) be uncovered or "deconstructed". This is more than necessary for them, because media, be it pictures or language, in truth convey values that are culturally and socially significant. They ‘iterate’ these values subliminally, because what shows up are only placeholders and thus mere forms (“structures of graphematic”) that are superficially realised as facts (“stereotypes”). In this way, according to Barthes, we all accept without question the values hidden behind them, so that they can gain a normative power that unconsciously guides our thinking, our decisions and our actions. Afterwards, it is Judith Butler who critically asked: How can we ever escape from this? Given the power of the subliminal dominant discourses, she saw the only effective solution “im Umdeuten” (in reinterpretation) of their subliminal values. In order to finally escape this “parasitic existence at the ritual”, the media philosopher Walter Benjamin already suggested to trigger "Chockwirkungen” (shock effects) in the viewer. It is the German painter Karin Kneffel, so it shall be shown, who has realized this with her series Fruits and Interiors in the most beautiful photorealistic strategy. (shrink)

Review of "In the Vale of Tears: On Marxism and Theology, Volume V," Roland Boer.

The sensory dimension of writing, which is never fully neutralised in the process of semiosis, remains aporetic in Derrida’s philosophy. I show how Barthes’ observations on pseudo-writing lead to his understanding of writing as a gesture, opening up post-structuralism to the body as absolutely non-repeatable, as the opposite of semiosis. The examination of Barthes’ account of the relationship between writing and the body leads to an aesthetic of physical responsiveness, which challenges the distinction between work, creator and viewer. In this (...) regard ‘seeing’ can neither be reduced to the infinite decoding of signs nor to an immediate perception, but rather can be understood as the playful contact with signs. Barthes’ notion of writing contributes to overcoming the limits of Derrida’s account of the sensory quality of writing without jeopardiz- ing the philosophical gain of deconstruction. (shrink)

The aim of this essay is to review Friedrich Nietzsche's "The Gay Science" in English Translation. It compares and contrasts the translations by Thomas Common, Walter Kaufmann, Josefine Nauckhoff, and R. Kevin Hill. First, I argue in favor of translating the work's title "Die Fröhliche Wissenschaft" as "The Gay Science" or perhaps more precisely as "The Gay Knowledge". Nietzsche who is likely the greatest stylist in the German language wrote with philological precision and succinctness. This exactitude and awareness of (...) the shaping influence of linguistic means on the contents expressed therefore needs to be reflected throughout in any kind of rendition of Nietzsche's artful texts and the evaluation and assessment thereof. (shrink)

The article is an attempt of the analysis and the interpretation of the categories ‘pleasure’ (Fr. plaisir) and ‘delight’ (Fr. jouissance), in the context of philosophically oriented theoretical‑literary considerations of Roland Barthes, sacrificed to the mystery of experiencing of the love. The part first, referring mainly to Barthes’ works, Revognises the range of the semantic field plaisir and jouissance, as categories basic for the textual language of the outstanding theoretician. The second part introduces three examples of western cultural practices (...) which illustrate the manner of use plaisir and jouissance as the factors of textual structures. (shrink)

The task of the congress of the German Society for Semiotics in Passau / Germany in September 2017 was to explore and describe "boundaries". A total of 12 sections of the society wrote a call for paper for this purpose. With the present anthology it has to be made evident, how concretely also the boundaries of the own, the other and the foreign can be negotiated via pictures. -/- Papers: -/- - Martina Sauer: Ikonische Grenzverläufe. Szenarien des Eigenen, Anderen und (...) Fremden im Bild. Eine Einführung, 4 - Barbara Margarethe Eggert: Das andere Geschlecht im Altarraum – exklusive Textilien als inklusive Medien. Studien zum Gösser Ornat, 7 - Birke Sturm: Politik der Schönheit: Zur Konstruktion einer ›wissenschaftlichen‹ Bildästhetik schöner weiblicher Körper um 1900 am Beispiel des Gynäkologen Carl Heinrich Stratz, 22 - Melis Avkiran: Das rassifizierte Fremde im Bild. Zur Genese differenzbildender Konzepte in der Kunst des 15. Jahrhunderts am Beispiel des Malers Hans Memling, 40 - Leonie Licht: weiß zwischen schwarz zwischen weiß – Geschichten von Identität im Bild, 75 - Julia Austermann: Queere Interventionen im kommunistischen Polen – Krzysztof Jung und sein ›plastisches Theater‹, 91 - Sabine Engel: Tizians Porträt der Laura Dianti. Aneignung und Transformation zwischen Orient und Okzident, 111 - Anna Christina Schütz: Osman Hamdi Beys Türkische Straßenszene. Der Teppich als Verhandlungsort kultureller Identitäten im ausgehenden 19. Jahrhundert, 146 - Benjamin Häger, Claudia Jürgens: Ikonische Stadtstrategien. Das Fassadenplakat und die Musterfassade als Instrumente machtpolitischer Repräsentation, 175 - Irene Schütze: Fehlende Verweise, rudimentäre ›Markierungen‹: aufgeweichte Grenzverläufe zwischen Kunst und Alltag, 204 - Stefan Römer: Interesse an und in einem Bildarchiv für Migrant/innen und Flüchtlinge, 221 - Viola Nordsieck: Von der Fähigkeit, einen Stuhl zu ignorieren. A. N. Whiteheads Konzept der Wahrnehmung als symbolisierender Tätigkeit und die Art, wie wir Bilder als Bilder sehen, 239 - David Jöckel: Mythos und Bild. Roland Barthes’ Semiologie bildlicher Stereotypisierung, 255 -/- - Kurzbiographien der Autorinnen und Autoren, 274 - Impressum, 278. (shrink)

Roland Barthes' famous essay "The Death of the Author" packs an astonishing number of logical howlers into its blessedly few pages. How did it become so firmly entrenched in the canon of literary theory?

Roland Greene and Stephen Cushman have revived the 1950s' edition of this book. & it is worth reading even by philosophers for in the final analysis, from Plato to Blanchot to Jean-Luc Marion are all poets. Where does poetry end and philosophy begin!!??

I argue that imperatives express contents that are both cognitively and semantically related to, but nevertheless distinct from, modal propositions. Imperatives, on this analysis, semantically encode features of planning that are modally specified. Uttering an imperative amounts to tokening this feature in discourse, and thereby proffering it for adoption by the audience. This analysis deals smoothly with the problems afflicting Portner's Dynamic Pragmatic account and Kaufmann's Modal account. It also suggests an appealing reorientation of clause-type theorizing, in which the (...) cognitive act of updating on a typed sentence plays a central role in theorizing about both its semantics and role in discourse. (shrink)

Starting from a recent paper by S. Kaufmann, we introduce a notion of conjunction of two conditional events and then we analyze it in the setting of coherence. We give a representation of the conjoined conditional and we show that this new object is a conditional random quantity, whose set of possible values normally contains the probabilities assessed for the two conditional events. We examine some cases of logical dependencies, where the conjunction is a conditional event; moreover, we give (...) the lower and upper bounds on the conjunction. We also examine an apparent paradox concerning stochastic independence which can actually be explained in terms of uncorrelation. We briefly introduce the notions of disjunction and iterated conditioning and we show that the usual probabilistic properties still hold. (shrink)

Over the last fifteen years, linguists and philosophers of language have reexamined the canonical, Kratzerian semantics for modal expressions, with special attention paid to their epistemic and deontic uses. This article is an overview of the literature on deontic modal expressions. Section 1 provides an overview of the canonical semantics, noting some of its main advantages. Section 2 introduces a set of desiderata that have achieved the status of fixed points in the debates about whether the canonical semantics is correct. (...) These include the observations that deontic modal sentences have both deliberative and evaluative readings and both information-sensitive and -insensitive readings. Adequate resolutions of certain puzzles in deontic logic and resolving the Frege-Geach problem for Expressivism have also achieved this status. The third section provides an opinionated overview of some of the main extant rivals to the canonical semantics, including Cariani, Kaufmann, and Kaufmann’s (2013) complex contextualism , Yalcin’s (2012) Expressivism, Willer’s (2014) dynamic semantics, and Starr’s (2016) dynamic Expressivism. Section 4 provides an assessment of each of the views discussed in terms of the desiderata introduced in section 2. Section 5 is an overview of remaining issues that require more attention in the literature. (shrink)

The liberal enlightenment as well as the more radical left have both traditionally opposed religion as a reactionary force in politics, a view culminating in an identification of the politics of religion as fundamentalist theocracy. But recently a number of thinkers—Agamben, Badiou, Tabues and in particular Simon Critchley—have begun to explore a more productive engagement of the religious and the political in which religion features as a possible or even necessary form of human emancipation. The papers in this collection, deriving (...) from a workshop held on and with Simon Critchley at the University of Texas at San Antonio in February 2010, take up the ways in which religion’s encounter with politics transforms not only politics but also religion itself, molding it into various religions of politics, including not just heretical religious metaphysics, but also what Critchley describes as non-metaphysical religion, the faith of the faithless. Starting from Critchley’s own genealogy of Pauline faith, the articles in this collection explore and defend some of the religions of politics and their implications. Costica Bradatan teases out the implications of Critchley’s substitution of humor for tragedy as the vehicle for the minimal self-distancing required for any politics. Jill Stauffer compares Critchley’s non-metaphysical religiosity with Charles Taylor’s account of Christianity. Alistair Welchman unpacks the political theology of the border in terms of god’s timeless act of creation. Anne O’Byrne explores the subtle dialectic between mores and morality in Rousseau’s political ethics. Roland Champagne sees a kind non-metaphysical religion in Arendt’s category of the political pariah. Davide Panagia presents Critchley’s ethics of exposure as the basis for a non-metaphysical political bond. Philip Quadrio wonders about the political ramifications of Critchley’s own ‘mystical anarchism’ and Tina Chanter re-reads the primal site in the Western tradition at which the political and the religious intersect, the Antigone story, side-stepping philosophical interpretations of the story (dominated by Hegel’s reading) by means of a series of post-colonial re-imaginings of the play. The collection concludes with an interview with Simon Critchley taking up the themes of the workshop in the light of more recent political events: the Arab Spring and the rise and fall of the Occupy movement. (shrink)

Alvin Plantinga and Phillip E. Johnson strongly attack "metaphysical naturalism", a doctrine based, in part, on Darwinian concepts. They claim that this doctrine dominates American academic, educational, and legal thought, and that it is both erroneous and pernicious. Stuart Kauffman claims that currently accepted versions of Darwinian evolutionary theory are radically incomplete, that they should be supplemented by explicit recognition of the importance of coherent structures — the prevalence of "order for free". Both of these developments are here interpreted in (...) relation to some contemporary theistic notions of "creation", including those of Lewis Ford, Robert Neville, and Robert Sokolowski. Kaufmann’s approach is consistent with the approach of process theism, and is not invalidated by the attacks of Plantinga and Johnson. (shrink)

La vita è basata sulle opposizioni, sulla dualità. L'articolo esamina la mistica amorosa in Roland Barthes e in J.Ortega y Gasset (Amore-odio); la fenomenologia dello gnosticismo e di Emanuele Severino (Luce e Tenebra).

The consistent histories reformulation of quantum mechanics was developed by Robert Griffiths, given a formal logical systematization by Roland Omn\`{e}s, and under the label `decoherent histories', was independently developed by Murray Gell-Mann and James Hartle and extended to quantum cosmology. Criticisms of CH involve issues of meaning, truth, objectivity, and coherence, a mixture of philosophy and physics. We will briefly consider the original formulation of CH and some basic objections. The reply to these objections, like the objections themselves, involves (...) a mixture of physics and philosophy. These replies support an evaluation of the CH formulation as a replacement for the measurement, or orthodox, interpretation. (shrink)

This paper gives an outline of truthmaker semantics for natural language against the background of standard possible-worlds semantics. It develops a truthmaker semantics for attitude reports and deontic modals based on an ontology of attitudinal and modal objects and on a semantic function of clauses as predicates of such objects. It also présents new motivations for 'object-based truthmaker semantics' from intensional transitive verbs such as ‘need’, ‘look for’, ‘own’, and ‘buy’ and gives an outline of their semantics. This paper is (...) a commissioned 'target' article, with commentaries by W. Davis, B. Arsenijevic, K. Moulton, K. Liefke, M. Kaufmann, R. Matthews, P. Portner and A. Rubinstein, P. Elliott, G. Ramchand and my reply. (shrink)

Transl. of HEGEL. Contains a short introduction to the German philosopher (1770-1831) - his life and the main volumes of his work (die Philosophie der Geschichte, die Philosophie des Rechts, die Phänomenogie des Geistes and die Wissenschaft der Logik). Based also upon Hegel scholars like Walter Kaufmann and Charles Taylor. Philosopher Peter Singer published this concise overview during his professorship in Melbourne, Australia (Oxford University Press, 1983). Transl. into Dutch (Lemniscaat, 2000) by Willemien de Leeuw. 136 pp. -/- .

In their seeking of simplicity, scientists fall into the error of Whitehead's "fallacy of misplaced concreteness." They mistake their abstract concepts describing reality for reality itself--the map for the territory. This leads to dogmatic overstatements, paradoxes, and mysteries such as the deep incompatibility of our two most fundamental physical theories--quantum mechanics and general relativity. To avoid such errors, we should evoke Whitehead's conception of the universe as a universe-in-process, where physical relations perpetually beget new physical relations. Today, the most promising (...) interpretations of quantum mechanics exemplify this Whiteheadian idea, formalizing physical systems, and the universe itself, as ongoing histories of actualizations of potential states, where actual states and potential states exist in mutually implicative relation as two separate categories of reality—an idea first proposed by Aristotle and rehabilitated by Heisenberg. In these interpretations, the classical conception of a history as a derivative story about fundamental physical objects is reversed: the classical physical object becomes the derivative story about fundamental histories of quantum states. The consistent histories interpretation of Robert Griffiths and the decoherent histories interpretation of Roland Omnès are cardinal examples of this approach to quantum mechanics. Another example, the relational realist interpretation, begins with the decoherent histories approach and formalizes it explicitly as a Whiteheadian interpretation, taking his “algebraic method” and applying it to quantum mechanics via algebraic topology. This branch of mathematics can be thought of as a “de-concretized” geometry in that it focuses only on the logical relations among objects and regions (and relations of these relations) rather than the fixed magnitudes of lines, planes, and other such rigid intervals. It has all the robust logical structure of geometry yet allows for an elasticity of relations that makes topological mathematical structures inherently immune misplaced concretization. (shrink)

Building on the theory of humor advanced by Yves Cusset in his recent book Rire: Tractatus philo-comicus, I argue that we can understand the phenomenon in terms of what Jean-Luc Nancy, following Roland Barthes, has called the exemption from sense. I attempt to show how the humorous sensibility, understood in this way, is entirely incompatible with the experience of others as contemptible. I conclude by developing some of the normative implications of this, focusing specifically on the question whether it (...) is ever morally permissible to treat others with contempt. (shrink)

Nietzscheforschung, De Gruyter, 2023. Rezension zu: Häfner Ralph, Kaufmann Sebastian, Sommer Andreas Urs Nietzsches Literaturen. De Gruyter, Berlin u. Boston 2019.