This article presents a critical analysis of two influential readings of Kant’s Second Analogy, namely, Gerd Buchdahl’s “modest reading” and Michael Friedman’s “strong reading.” After pointing out the textual and philosophical problems with each, I advance an alternative reading of the Second Analogy argument. On my reading, the Second Analogy argument proves the existence of necessary and strictly universal causal laws. This, however, does not guarantee that Kant has a solution for the problem of (...) induction. After I explain why the empirical lawfulness of nature does not guarantee the empirical uniformity of nature, I examine the modal status of empirical laws in Kant and argue contra Buchdahl and Friedman that empirical laws express two different kinds of necessity that are not reducible to each other. -/- . (shrink)

In his book, The Bounds of Sense, P. F. Strawson commented that Immanuel Kant’s argument in the second analogy “proceeds by a non sequitur of numbing grossness,” causing a fair amount of debates. Kant’s task in the second analogy is to argue that every event has a cause. Strawson criticizes Kant by claiming that in his argument, Kant not only changes the content of necessity but also shifts a conceptual necessity to a causal one. In this (...) paper, I defend Kant’s second analogy against Strawson’s objection by arguing that Strawson misinterprets Kant’s strategy. (shrink)

This research paper aims to study analogy as a comparative thinking and to investigate whether it is justified in claiming that an analogical thought has cognitive content. Two theories in cognitive science claim that analogy has cognitive content. The first one is called the weak view of analogy in cognition, e.g. the works of Gust et al. (2008), Lakoff & Johnson (1980), Hesse (1950), Black (1955); and the second one is called the strong view of (...) class='Hi'>analogy in cognition, e.g. the works of Hofstadter (2001), Hofstadter& Sanders (2013). According to the weak view, analogical thought is only a necessary condition of cognition. But for the strong view, analogy is both necessary and sufficient of cognition. Regardless of the differences, both theories are not justified in claiming analogical content. While the weak view cannot provide an account of the perceptual aspect of content, the strong view suffers from the lack of normative constraint for analogical content. -/- Keywords: analogy, comparative thinking, concept, cognitive content, philosophy of cognitive science . (shrink)

The purpose of this paper is to present two kinds of analogical representational change, both occurring early in the analogy-making process, and then, using these two kinds of change, to present a model unifying one sort of analogy-making and categorization. The proposed unification rests on three key claims: (1) a certain type of rapid representational abstraction is crucial to making the relevant analogies (this is the first kind of representational change; a computer model is presented that demonstrates this (...) kind of abstraction), (2) rapid abstractions are induced by retrieval across large psychological distances, and (3) both categorizations and analogies supply understandings of perceptual input via construing, which is a proposed type of categorization (this is the second kind of representational change). It is construing that finalizes the unification. (shrink)

The purpose of this paper is to present two kinds of analogical representational change, both occurring early in the analogy-making process, and then, using these two kinds of change, to present a model unifying one sort of analogy-making and categorization. The proposed unification rests on three key claims: (1) a certain type of rapid representational abstraction is crucial to making the relevant analogies (this is the first kind of representational change; a computer model is presented that demonstrates this (...) kind of abstraction), (2) rapid abstractions are induced by retrieval across large psychological distances, and (3) both categorizations and analogies supply understandings of perceptual input via construing, which is a proposed type of categorization (this is the second kind of representational change). It is construing that finalizes the unification. (shrink)

According to the deliberative view of democracy, the legitimacy of democratic politics is closely tied to whether the use of political power is accompanied by a process of rational deliberation among the citizenry and their representatives. Critics have questioned whether this level of deliberative capacity is even possible among modern citizenries--due to limitations of time, energy, and differential backgrounds--which therefore calls into question the very possibility of this type of democracy. In my dissertation, I counter this line of criticism, arguing (...) that deliberative democrats and their critics have both idealized the wrong kind of citizen deliberation. Citizen deliberation should not be concerned with the indeterminate project of "translating" abstract democratic principles and values into everyday cases of political problem-solving. Instead, deliberation should take the form of analogy, just as we already find it in everyday politics and affairs. When ordinary citizens use analogies, they do not derive decisions from general principles or values, but they still reason nonetheless. Seen from this analogical perspective, deliberative democracy is already a practical reality to a large degree. When an election is on the horizon, a campaign season arises in which debates, forums, and "barstool" dialogues exponentially increase the amount of citizen deliberation. In these settings, citizens can readily be seen to be mapping analogous past candidates, elections, issues, and problems onto those currently on the ballot so as to reason about them. Consequently, analogical reasoning allows citizens to treat the majority rule mechanisms that proliferate in real politics as "deliberative outlets," which is to say, as catalysts of deliberation akin to the "creative outlets" that catalyze self-expression in the arts. While citizens may recognize majority rule mechanisms as catalysts of deliberation, many democratic theorists will hesitate to embrace this vision of the practical reality of deliberative politics. Isn't analogical reasoning too low in rigor to be placed at the heart of the deliberative ideal? I develop two arguments to explain the foundational role analogy plays in deliberation and to counter such critics. First, I draw on the explosion of research on analogical reasoning over the past two decades to show that it is far more rigorous and systematic than many suppose. Second, I argue that to the extent that citizen deliberation is concerned with rational planning, rather than just reasoning in general, analogical reasoning is logically superior. When we reason about what to do, we make plans that incorporate predictions about what is likely to ensue when a given course of action is selected. However, as soon as predictions enter into deliberation, its underlying logic changes as well. The reason for this change in logic is that as our probabilistic reasoning expands, the probability of its conclusions degenerates. Therefore, when assessing probabilities, we no longer should seek decisions derived from long, elegant chains of reasoning that connect our various options to generalities like values and principles. Instead, what we need is "short and sweet," or terse, humble lines of reasoning, which are more congruent with this form of deliberation. Thus, to the extent that democratic deliberation is involved in rational planning, it calls not for the elegant, deductive kind of reasoning idealized by proponents and critics of deliberative democracy alike. Instead, democratic deliberation calls for the "short and sweet," analogical kind of decision-making we associate with ordinary citizens already. After all, as research has shown, analogies are a much preferred and rigorous way by which even experts engage in probabilistic reasoning. By focusing on analogical reasoning, I therefore conclude that the practical reality of deliberative democracy should be recognized in ways that might ordinarily be dismissed. (shrink)

The deductive validity of arguments from analogy is formally demonstrable. After a brief survey of the historical development of doctrines relevant to this claim the present article analyzes the “analogy of proper proportionality”, which meets two requirements of valid deduction. First, the referents of analogues by proportionality must belong to a common genus. Here it must be cautioned, however, that the common genus does not constitute the basis of the deductive inference. Rather, it is a prerequisite for the (...) second and decisive requirement, that the different logical content to which an analogous middle term corresponds must exhibit the same proportional relation to this common genus. In Section II I translate a natural language argument with such an analogous middle term into the language of classical first-order predicate calculus, and show that its conclusion follows from its premises with the force of deductive necessity. The rule of inference justifying the analogical entailment of the conclusion from the premises functions much like the familiar modus ponens rule, and could be called “modus ponens analogice”. The validity of this rule ought to be judged on the same basis as that of the traditional modus ponens rule – immediate logical intuition. The present article endeavors to facilitate this logical intuition by making the logical structure of inference by analogy formally explicit. (shrink)

I argue that Stephen Wykstra’s much discussed Parent Analogy is helpful in responding to the evidential problem of evil when it is expanded upon from a positive skeptical theist framework. This framework, defended by John Depoe, says that although we often remain in the dark about the first-order reasons that God allows particular instances of suffering, we can have positive second-order reasons that God would create a world with seemingly gratuitous evils. I respond to recent challenges to the (...) Parent Analogy by arguing that God, like a good parent, wants a rightly ordered relationship of mutual love with created beings. (shrink)

“Second-order Logic” in Anderson, C.A. and Zeleny, M., Eds. Logic, Meaning, and Computation: Essays in Memory of Alonzo Church. Dordrecht: Kluwer, 2001. Pp. 61–76. -/- Abstract. This expository article focuses on the fundamental differences between second- order logic and first-order logic. It is written entirely in ordinary English without logical symbols. It employs second-order propositions and second-order reasoning in a natural way to illustrate the fact that second-order logic is actually a familiar part of our (...) traditional intuitive logical framework and that it is not an artificial formalism created by specialists for technical purposes. To illustrate some of the main relationships between second-order logic and first-order logic, this paper introduces basic logic, a kind of zero-order logic, which is more rudimentary than first-order and which is transcended by first-order in the same way that first-order is transcended by second-order. The heuristic effectiveness and the historical importance of second-order logic are reviewed in the context of the contemporary debate over the legitimacy of second-order logic. Rejection of second-order logic is viewed as radical: an incipient paradigm shift involving radical repudiation of a part of our scientific tradition, a tradition that is defended by classical logicians. But it is also viewed as reactionary: as being analogous to the reactionary repudiation of symbolic logic by supporters of “Aristotelian” traditional logic. But even if “genuine” logic comes to be regarded as excluding second-order reasoning, which seems less likely today than fifty years ago, its effectiveness as a heuristic instrument will remain and its importance for understanding the history of logic and mathematics will not be diminished. Second-order logic may someday be gone, but it will never be forgotten. Technical formalisms have been avoided entirely in an effort to reach a wide audience, but every effort has been made to limit the inevitable sacrifice of rigor. People who do not know second-order logic cannot understand the modern debate over its legitimacy and they are cut-off from the heuristic advantages of second-order logic. And, what may be worse, they are cut-off from an understanding of the history of logic and thus are constrained to have distorted views of the nature of the subject. As Aristotle first said, we do not understand a discipline until we have seen its development. It is a truism that a person's conceptions of what a discipline is and of what it can become are predicated on their conception of what it has been. (shrink)

This paper explores the notion that business calls for an adversarial ethic, akin to that of sport. On this view, because of their competitive structure, both sport and business call for behaviours that are contrary to ‘ordinary morality’, and yet are ultimately justified because of the goods they facilitate. I develop three objections to this analogy. Firstly, there is an important qualitative difference between harms risked voluntarily and harms risked involuntarily. Secondly, the goods achieved by adversarial relationships in sport (...) go beyond the function of sport, i.e. to entertain audiences. Thirdly, the most plausible account of the athlete’s motivational development starts with their love of the sport, which can explain a commitment to the sporting ethics in a way that is not paralleled in business. I close by drawing attention to the ways in which an Aristotelian conception of business ethics may be able to accommodate these objections. (shrink)

In this paper, I do three things. First, I say what I mean by a ‘companions in guilt’ argument in meta-ethics. Second, I distinguish between two kinds of argument within this family, which I call ‘arguments by entailment’ and ‘arguments by analogy’. Third, I explore the prospects for companions in guilt arguments by analogy. During the course of this discussion, I identify a distinctive variety of argument, which I call ‘arguments by absorption’. I argue that this variety (...) of argument inherits some of the weaknesses of standard arguments by analogy and entailment without obviously adding to their strength. (shrink)

The cultural, economic and political crisis affecting the European Union (EU) today is manifested in the political community’s lack of enthusiasm and cohesion. An effort to reverse this situation – foster ‘EU identity’ – was the creation of EU citizenship. Citizen- ship implies a people and a polity. But EU citizens already belong to national polities. Should EU citizenship override national citizenship or coexist with it? Postnationalists like Habermas have suggested EU citizenship can overcome nationalisms, grounding political belonging on the (...) body of laws that members of the post- national polity generate in the public sphere. Cosmopolitan communitarianists like Bellamy, by contrast, think that EU citizens should form a mixed commonwealth, with political belonging based on national citizenship. I will argue in favour of the second option, and submit an analogical reading of the ensuing ideas of citizenship, identity and polity. Cosmopolitan communitarianist EU citizenship promises to better foster the great richness of European national cultural, religious, historical, political, legal and linguistic diversity in a ‘mixed’ polity. Its main challenge is how to keep the diverse, mixed polity together. (shrink)

The aim of this critical note is to discuss Heraclitus' use of analogy as a pattern of thought not only with argumentative value but also ontological and epistemological status. Heraclitus' analogy is of two kinds and is expressed in the use of the adverbs ὥσπερ ("as") and ὅκωσπερ ("just as"). The first is used as an explanatory device, while the second denotes the ontological homogeneity of logos. Analogy reveals not only the inherent opposition of logos in (...) each single thing, but also the interdependent common interrelation between things. (shrink)

This paper deals with the deuteros plous, literally ‘the second voyage’, proverbially ‘the next best way’, discussed in Plato’s Phaedo, the key passage being Phd. 99e4-100a3. I argue that (a) the ‘flight into the logoi’ can have two different interpretations, a standard one and a non-standard one. The issue is whether at 99e-100a Socrates means that both the student of erga and the student of logoi consider images (‘the standard interpretation’), or the student of logoi does not consider images (...) but that “consistency should suffice for truth” (‘the non-standard interpretation’); (b) the non-standard one implies the problem of the hypothesis, a problem analogous to the problem of the elenchus; (c) there is a structural analogy between Descartes’ ontological argument for the existence of God in his 5th Meditation and the final proof for the immortality of the soul in the Phaedo. (shrink)

This paper makes two main arguments. First, that to understand analogy in St. Thomas Aquinas, one must distinguish two logically distinct concepts he inherited from Aristotle: one a kind of likeness between things, the other a kind of relation between linguistic functions. Second, that analogy (in both of these senses) plays a relatively small role in Aquinas's treatment of divine naming, compared to the realist semantic framework in which questions about divine naming are formulated and resolved, and (...) on which the coherence of the doctrine of divine simplicity—which is what gives rise to the questions of divine naming in the first place—depends. (shrink)

Postnationalists like Habermas have suggested EU citizenship as a way to overcome nationalisms, grounding political belonging on the body of laws that members of the postnational polity generate in the public sphere. Cosmopolitan communitarianist like Bellamy think that EU citizens should form a mixed-commonwealth, with political belonging based on their nations. I will argue that the second option is more desiderable and submit the analogical character of the ensuing ideas of the citizenship, identity and polity. Cosmopolitan communitarianist citizenship promises (...) to better foster the great richness of European national cultural, religious, historical, political, legal and linguistic diversity while still maintaining a certain unity to form a "mixed" polity. (shrink)

In the present paper I investigate the role that analogy plays in eighteenth-century biology and in Kant’s philosophy of biology. I will argue that according to Kant, biology, as it was practiced in the eighteenth century, is fundamentally based on analogical reflection. However, precisely because biology is based on analogical reflection, biology cannot be a proper science. I provide two arguments for this interpretation. First, I argue that although analogical reflection is, according to Kant, necessary to comprehend the nature (...) of organisms, it is also necessarily insufficient to fully comprehend the nature of organisms. The upshot of this argument is that for Kant our understanding of organisms is necessarily limited. Second, I argue that Kant did not take biology to be a proper science because biology was based on analogical arguments. I show that Kant stemmed from a philosophical tradition that did not assign analogical arguments an important justificatory role in natural science. Analogy, according to this conception, does not provide us with apodictically certain cognition. Hence, sciences based on analogical arguments cannot constitute proper sciences. (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 his book On What Matters, Derek Parfit defends a version of moral non-naturalism, a view according to which there are objective normative truths, some of which are moral truths, and we have a reliable way of discovering them. These moral truths do not exist, however, as parts of the natural universe nor in Plato’s heaven. While explaining in what way these truths exist and how we discover them, Parfit makes analogies between morality on the one hand, and mathematics and (...) logic on the other. Moral truths “exist” in a way that numbers exist, and we discover these truths in a similar way as we discover truths about numbers. By the end of the second volume, Parfit also responds to a powerful objection against his view, an objection based on the phenomenon of moral disagreement. If people widely and deeply disagree about what is the moral truth, it is doubtful whether we have a reliable way of discovering it. In his reply, he claims that in ideal conditions for thinking about moral questions, we would all have sufficiently similar moral beliefs. However, we often find ourselves in less-than-ideal conditions due to various factors that distort our ability to agree. Therefore, differences in moral opinion can be expected. In this paper, I draw a connection between these parts of Parfit’s theory and comment on them. Firstly, I argue that Parfit’s analogy with mathematics and logic and his answer to the disagreement objection are in tension because there are important epistemic differences between morality and these fields. If one would try to account for the differences, one would have to sacrifice some measure of similarity between morality and them. Secondly, I comment on Parfit’s reply to the disagreement objection itself. I believe that, although his description of ideal conditions has some potential for reaching moral agreement, it may be difficult to tell if ideal conditions prevail. This obscurity spells further trouble for Parfit’s overall theory. (shrink)

Change is the fundamental idea of evolution. Explaining the extraordinary biological change we see written in the history of genomes and fossil beds is the primary occupation of the evolutionary biologist. Yet it is a surprising fact that for the majority of evolutionary research, we have rarely studied how evolution typically unfolds in nature, in changing ecological environments, over space and time. While ecology played a major role in the eventual acceptance of the population genetic viewpoint of evolution in the (...) synthetic era (circa 1918-1956), it held a lesser role in the development of evolutionary theory until the 1980s, when we began to systematically study the evolutionary dynamics of natural populations in space and time. As a result, early evolutionary theory was initially constructed in an abstract vacuum that was unrepresentative of evolution in nature. The subtle synthesis between ecology with evolutionary biology (eco-evo synthesis) over the past 40 years has progressed our knowledge of natural selection dynamics as they are found in nature, thus revealing how natural selection varies in strength, direction, form, and, more surprisingly, level of biological organization. Natural selection can no longer be reduced to lower levels of biological organization (i.e., individuals, selfish genes) over shorter timescales but should be expanded to include adaptation at higher levels and over longer timescales. Long-term and/or emergent evolutionary phenomena, such as multilevel selection or evolvability, have thus become tenable concepts within an evolutionary biology that embraces ecology and spatiotemporal change. Evolutionary biology is currently suspended at an intermediate stage of scientific progress that calls for the organization of all the recent knowledge revealed by the eco-evo synthesis into a coherent and unified theoretical framework. This is where philosophers of biology can be of particular use, acting as a bridge between the subdisciplines of biology and inventing new theoretical strategies to organize and accommodate the recent knowledge. Philosophers have recommended transitioning away from outdated philosophies that were originally derived from physics within the philosophical zeitgeist of logical positivism (i.e., monism, reductionism, and monocausation) and toward a distinct philosophy of biology that can capture the natural complexity of multifaceted biological systems within diverse ecosystems—one that embraces the emerging philosophies of pluralism, emergence, and multicausality. Therefore, I see recent advances in ecology, evolutionary biology, and the philosophy of biology as laying the groundwork for another major biological synthesis, what I refer to as the Second Synthesis because, in many respects, it is analogous to the aims and outcomes of the first major biological synthesis (but is notably distinct from the inorganic and contrived progressive movement known as the extended evolutionary synthesis). With the general development of a distinctive philosophy of science, biology has rightfully emerged as an autonomous science. Thus, while the first synthesis legitimized biology, the Second Synthesis autonomized biology and afforded biology its own philosophy, allowing biology to finally realize its full scientific potential. (shrink)

According to Kant, the singular judgement ‘This rose is beautiful’ is, or may be, aesthetic, while the general judgement ‘Roses in general are beautiful’ is not. What, then, is the logical relation between the two judgements? I argue that there is none, and that one cannot allow there to be any if one agrees with Kant that the judgement ‘This rose is beautiful’ cannot be made on the basis of testimony. The appearance of a logical relation between the two judgements (...) can, however, be explained in terms of what one does in making a judgement of taste. Finally, I describe an analogy between Kant's treatment of judgements of taste and J. L. Austin's treatment of explicit performative utterances, which I attribute to a deeper affinity between their respective projects. (shrink)

Abstract: This paper traces a Kantian and pragmatist line of thinking that connects the ideas of conceptual content, object cognition, and modal constraints in the form of counterfactual sustaining causal laws. It is an idea that extends from Kant’s Critique of Pure Reason through C. I. Lewis’s Mind and the World-Order to the Kantian naturalism of Wilfrid Sellars and the analytic pragmatism of Robert Brandom. Kant put forward what I characterize as a modal conception of objectivity, which he developed as (...) an extended argument stretching from the transcendental deduction through the analogies of experience to the regulative maxims of reason and reflective judgment. In related ways in Lewis and Sellars, the very idea of an object of knowledge (and of intentionality more generally) is connected with a certain lawfulness or modal constraint the necessary representation of which, they argue, is an achievement of conceptualization. While Sellars agreed with the spirit of Lewis’s famous pragmatic conception of the a priori, Sellars’s conception of meaning and conceptual content differed in crucial ways with important consequences for this issue. I argue furthermore that a certain phenomenalist temptation threatens to spoil this insight both among some of Kant’s interpreters and in Lewis’s thought. Finally, I point out that Brandom’s “Kant-Sellars thesis” provides new support for this line of thought. Although questions concerning idealism continue to raise controversies for neo-Kantians and pragmatists, the line of thought itself represents a distinctive and still promising approach to questions concerning intentionality and conceptual content. (shrink)

Leibniz, and many following him, saw the Principle of Sufficient Reason (PSR) as pivotal to a scientific (demonstrated) metaphysics. Against this backdrop, Kant is expected to pay close attention to PSR in his reflections on the possibility of metaphysics, which is his chief concern in the Critique of Pure Reason. It is far from clear, however, what has become of PSR in the Critique. On one reading, Kant has simply turned it into the causal principle of the Second (...) class='Hi'>Analogy. On a different reading, PSR is but the supreme principle of reason, which roughly states that, if the conditioned is given, so is the unconditioned. On my reading, PSR appears in the guises of both the causal principle and the supreme principle. This twofold specification, I argue, is key to understanding (i) Kant’s allegations that past metaphysicians failed to prove PSR, (ii) his own Critical account of the possibility of metaphysics in both of its parts (ontology and metaphysics proper), and (iii) his nuanced answer to the contentious question about the relation between physical inquiry and metaphysical reasoning about nature (both being quests for reasons). (shrink)

In this paper I argue in favour of Schopenhauer's criticism of Kant's account of objectivity as advocated in the celebrated Second Analogy in Kant's first Critique. The criticism that I am looking at is presented as the first of Schopenhauer's four objections against the Second Analogy deployed in section 23 of his On the Fourfold Root of the Principle of Sufficient Reason.

This paper concerns the role of the transcendental distinction between agents qua phenomena and qua noumena in Kant's theory of free will. It argues (1) that Kant's incompatibilism can be accommodated if one accepts the "ontological" interpretation of this distinction (i.e. the view that agents qua noumena are ontologically prior to agents qua phenomena), and (2) that Kant's incompatibilism cannot be accommodated by the "two-aspect" interpretation, whose defining feature is the rejection of the ontological priority of agents qua noumena. The (...) ontological interpretation allows Kant to be an incompatibilist because the ontological priority of agents qua noumena "ontologically undermines" the significance of phenomenal determinism for agents' free will. That is, since agents qua noumena are ontologically prior to agents qua phenomena, the fact that agents qua noumena are not subject to determinism is more fundamental than the fact that agents qua phenomena are subject to determinism, and it is the more fundamental fact that we should be concerned with in the metaphysical foundations of moral responsibility. Recent (independent) work by myself, Eric Watkins, and Robert Hanna is drawn on to demonstrate that the ontological interpretation can mount a better defense against some traditional objections than has often been thought. -/- According to the two-aspect interpretation, the transcendental distinction between agents qua noumena and qua phenomena is a semantic and epistemological distinction. Since it rejects the ontological priority of noumena, it has no way to assert that the non-determinism of agents qua noumena is more metaphysically fundamental than the determinism of agents qua phenomena. For the two-aspect interpretation, the truth of determinism must remain just as fundamental as the truth of any other characterization of agents. This means that, on the two-aspect interpretation, there is no better reason to call Kant an incompatibilist than there is to call him a compatibilist. Since Henry Allison has presented the most detailed two-aspect interpretation of the agential transcendental distinction, the arguments against the two-aspect distinction address his interpretation. Part of Allison's strategy is to argue that phenomenal determinism poses less of a problem for free will if we accept his accounts of the Second Analogy and empirical psychology. I point our problems in these accounts and argue that this strategy cannot be accepted. -/- . (shrink)

According to Roman Ingarden, transcendental idealism prevented Kant from "even undertaking an attempt" at elucidating freedom "in terms of the causal structure of the world." I show that this claim requires qualification. In a remarkable series of Critical-period Reflexionen (5611-4, 5616-9), Kant sketches a defense of the possibility of freedom that differs radically from his published ones by incorporating an indeterministic account of the phenomena. Anticipating Łukasiewicz, he argues that universal causal determination is consistent with an open future: if an (...) action is contingent, there is an infinite regress of determining causes, yet there is a prior time at which this infinite series of causes has not yet commenced. However, he concedes that on this account the unity of experience "cannot fully obtain in the case of free beings." The fact that Kant even contemplated the indeterministic theory may carry implications for interpreting the argument of the Second Analogy. (shrink)

Question (d) how do we form beliefs?, implies descriptive answers. On the other hand, the question (n) how should we form beliefs?, implies normative answers. Can we provide answers to (n) questions without answering (d) questions? This (n) - (d) relation can be characterized as epistemic normativity. Hume and Kant provide answers to both questions. Hume is more inclined to psychologize these answers through an empirical approach to questions related to beliefs. While Kant is more inclined to consider a priori (...) conditions of our reasoning. Through general rules and epistemic maxims, Hume and Kant provide normative guidelines in accordance which we should form beliefs. However, in order to be able to talk about normativity, at all, we need to answer questions related to doxastic voluntarism. For Kant, the question of freedom is, to some extent, an obvious precondition for his critiques (especially of the practical mind). While with Hume, precisely because of his empirical approach to beliefs and desires, the matter is more obscure, and it seems as if Hume advocates doxastic involuntarism. In this paper, I will try to present the similarities between Hume and Kant in terms of epistemic normativity. Where it seems as if their views are incompatible, I will try to examine why this is the case. I will focus on Hume’s Treatise of Human Nature and Kant’s Second Analogy. In the end, I will present a couple of thought experiments and try to “test” Hume and Kant. If I manage to confirm the initial hypotheses, then this paper will be a successful epistemic endeavor. However, if I fail to find the expected similarities between Hume’s and Kant’s understanding of epistemic normativity, then this work can be characterized as a historical approach to the normative framework of “dogmatic slumber”. (shrink)

The economic crisis in Europe exposes the European Union’s political fragility. How a polity made of very different states can live up to the motto “Europe united in diversity” is difficult to envisage in practice. In this paper I attempt an “exegesis”—a critical explanation or interpretation of a series of published pieces (“the Series”) which explores, first, if European unity is desirable at all. Second, it presents a new methodology—analogical hermeneutics—used throughout the Series to approach the problem of unity. (...) Third, it conceptualises the source of unity as political identity. Fourth, it advances that the vehicle to share such identity is an analogical language: the political culture of human rights. Fifth, it submits the conditions under which such political culture could ground political identity through an open public sphere. Finally, it presents a way in which solidarity can grow as the increasingly diverse citizens of the European Union interact with each other. Even though the economic crisis can be solved by means of sound economic strategy (which is not the main object of my work), any successful economic strategy requires—as a precondition—a certain degree of political unity (the central concern of my research). (shrink)

The zetetic turn in epistemology raises three questions about epistemic and zetetic norms. First, there is the relationship question: what is the relationship between epistemic and zetetic norms? Are some epistemic norms zetetic norms, or are epistemic and zetetic norms distinct? Second, there is the tension question: are traditional epistemic norms in tension with plausible zetetic norms? Third, there is the reaction question: how should theorists react to a tension between epistemic and zetetic norms? Drawing on an analogy (...) to practical philosophy, I develop a focal point view to resolve these motivating questions. On the focal point view, traditional epistemic norms and zetetic norms answer different types of normative questions. There is nevertheless a familiar type of evaluative tension between traditional epistemic norms and zetetic norms, but this tension is an unavoidable feature of the normative landscape and not a sign that traditional epistemic norms need revision. But if traditional epistemic norms are not zetetic norms, then in what sense is zetetic epistemology a project for epistemologists? I conclude by articulating a sense in which some nontraditional epistemic norms are zetetic norms, and in which zetetic epistemology is an important part of the study of theoretical rationality. (shrink)

Over the past few decades, cognitive science has identified several forms of reasoning that make essential use of conceptual knowledge. Despite significant theoretical and empirical progress, there is still no unified framework for understanding how concepts are used in reasoning. This paper argues that the theory of conceptual spaces is capable of filling this gap. Our strategy is to demonstrate how various inference mechanisms which clearly rely on conceptual information—including similarity, typicality, and diagnosticity-based reasoning—can be modeled using principles derived from (...) conceptual spaces. Our first topic analyzes the role of expectations in inductive reasoning and their relation to the structure of our concepts. We examine the relationship between using generic expressions in natural language and common-sense reasoning as a second topic. We propose that the strength of a generic can be described by distances between properties and prototypes in conceptual spaces. Our third topic is category-based induction. We demonstrate that the theory of conceptual spaces can serve as a comprehensive model for this type of reasoning. The final topic is analogy. We review some proposals in this area, present a taxonomy of analogical relations, and show how to model them in terms of distances in conceptual spaces. We also briefly discuss the implications of the model for reasoning with concepts in artificial systems. (shrink)

The paper deals with the "deuteros plous", literally ‘the second voyage’, proverbially ‘the next best way’, discussed in Plato’s "Phaedo", the key passage being Phd. 99e4–100a3. The second voyage refers to what Plato’s Socrates calls his “flight into the logoi”. Elaborating on the subject, the author first (I) provides a non-standard interpretation of the passage in question, and then (II) outlines the philosophical problem that it seems to imply, and, finally, (III) tries to apply this philosophical problem to (...) the "ultimate final proof" of immortality and to draw an analogy with the ontological argument for the existence of God, as proposed by Descartes in his 5th "Meditation". The main points are as follows: (a) the “flight into the logoi” can have two different interpretations, a common one and an astonishing one, and (b) there is a structural analogy between Descartes’s ontological argument for the existence of God in his 5th "Meditation" and the "ultimate final proof" for the immortality of the soul in the "Phaedo". (shrink)

The synthetic theory of evolution has gone stale and an expanding or (re-)widening of it towards a new synthesis has been announced. This time, development and culture are supposed to join the synthesis bandwagon. In this article, I distinguish between four kinds of synthesis that are involved when we extend the evolutionary synthesis towards culture: the integration of fields, the heuristic generation of interfields, the expansion of validity, and the creation of a common frame of discourse or ‘big-picture’. These kinds (...) of synthesis are connected to epistemic values that are used to evaluate theories as well as analogies. A review of these epistemic values and the kinds of synthesis connected to them shall illustrate two points. First, that the discussions about culture and evolution exhibit an epistemic bias towards synthesis, even if, as history shows, synthesis and well as isolation can be fruitful epistemic strategies in science. The paper thus contains some critical notes on the value of synthesis in science. Second, reviewing the kinds of synthesis and values involved allows for a new perspective on the analogies involved in theories of cultural evolution. It is a perspective that makes the criteria with which these theories are usually evaluated explicit. With this we can compare the different standpoints people have taken on the usefulness of theories of cultural evolution at a higher level. Differences arise because of different epistemic values assumed. (shrink)

This paper commences from the critical observation that the Turing Test (TT) might not be best read as providing a definition or a genuine test of intelligence by proxy of a simulation of conversational behaviour. Firstly, the idea of a machine producing likenesses of this kind served a different purpose in Turing, namely providing a demonstrative simulation to elucidate the force and scope of his computational method, whose primary theoretical import lies within the realm of mathematics rather than cognitive modelling. (...) Secondly, it is argued that a certain bias in Turing’s computational reasoning towards formalism and methodological individualism contributed to systematically unwarranted interpretations of the role of the TT as a simulation of cognitive processes. On the basis of the conceptual distinction in biology between structural homology vs. functional analogy, a view towards alternate versions of the TT is presented that could function as investigative simulations into the emergence of communicative patterns oriented towards shared goals. Unlike the original TT, the purpose of these alternate versions would be co-ordinative rather than deceptive. On this level, genuine functional analogies between human and machine behaviour could arise in quasi-evolutionary fashion. (shrink)

This article arises indirectly out of the development of a particular approach, called ATT-Meta, to the understanding of some types of metaphorical utterance. However, the specifics of the approach are not the focus of the present article, which concentrates on some general issues that have informed, or arisen from, the development of the approach. The article connects those issues to the questions of metaphorical meaning and truth. -/- A large part of the exploration of metaphor in fields such as Cognitive (...) Linguistics and natural language Pragmatics takes metaphor to rest on complex mappings between a target subject matter and a source subject matter (see, e.g., Lakoff 1993, 2008). This is one main way in which some aspects of the source, generally including some structural aspects, can have parallels in the target. It is typical for much, and perhaps the whole, of the meaning of a metaphorical expression to be explained by means of these parallels. We will talk about “parallelism” rather than “isomorphism,” or even “analogy,” because “isomorphism” implies a strict one-to-one correspondence between items in the source scenario and items in the target scenario, and analogy theorists often hold that analogy rests on isomorphism. We wish not to prejudge the question of whether looser, messier forms of parallelism are sometimes needed. Also, we will talk about parallels rather than mappings, because our discussion will embrace the question of parallelism that may be discernible, albeit implicitly, in accounts of metaphor that are not presented as being based on mappings. Three main cases of such accounts are Relevance Theory (RT: e.g., Sperber & Wilson 2008, Wilson & Carston 2006), the categorization-based or "class-inclusion“ approach (Glucksberg 2008), and Ritchie’s (2006) CLST account (Context-Limited Simulation Theory). -/- One main issue we will address is that of substantial non-parallelism that can exist between source and target subject-matters in metaphor: more precisely, the issue that there may be source aspects that are exploited by the utterance and have a deep effect on metaphorical interpretation but that do not themselves have a natural parallel in the target subject-matter (although we will point out that artificial parallels can generally be created). This is part of a broader point that the content of metaphorical discourse should often be seen as being derived in a rather holistic way from several metaphorical bits of the discourse, which conspire to describe some source-domain scenario, rather than being derived by putting together metaphorical meanings of each metaphorical bit (even if each bit could in principle be assigned its own separate metaphorical meaning). As a result, we suggest that it is misguided to think of the propositions making up the content (or, if you like, "meaning“) about the target scenario that is being described is a matter of metaphorical meaning of specific grammatical units such as sentences, clauses or other constituents that a traditional semantic theory would assign propositional meaning to. Rather, grammatical units (that are to be taken metaphorically) have meanings in source-domain terms; content in target-domain terms is derived from the source-domain scenario depicted by those units and fleshed out through inference; and the target-domain content is only (in general) fuzzily relatable to particular grammatical units. This view is on a spectrum at whose extreme point we could place Davidson’s (1984) view that metaphors only have literal (i.e., source-domain) meanings, with other effects on the understander not being a matter of propositional content. However, on our view it is proper to take metaphorical discourse as having non-literal meaning, couched as a collection of propositions, among other things possibly; it is just that the propositions are not to be thought of (in general) as meaning of specific sentences, clauses or other grammatical units rather than of a possibly only fuzzily delineated piece of discourse. -/- A second main concern of the article is the question of how much, and what types of, inference are involved in the derivation of metaphorical meaning. While our own ATT-Meta approach accords with, amongst other accounts, Relevance Theory (RT) as to the centrality of inference in metaphor interpretation, we disagree with RT on its claim that metaphor interpretation is a matter of (a relatively high degree of) concept "broadening“ and (often) "narrowing“. We argue that almost all inference can in fact be theoretically re-described as concept broadening and/or narrowing, and what is left over should be included in the metaphor interpretation process anyway. Thus, the RT claim about broadening and narrowing really just says that inference, of unrestricted type, is involved in metaphor understanding, in accord with what ATT-Meta claims. (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)

A Fortiori Logic: Innovations, History and Assessments is a wide-ranging and in-depth study of a fortiori reasoning, comprising a great many new theoretical insights into such argument, a history of its use and discussion from antiquity to the present day, and critical analyses of the main attempts at its elucidation. Its purpose is nothing less than to lay the foundations for a new branch of logic and greatly develop it; and thus to once and for all dispel the many fallacious (...) ideas circulating regarding the nature of a fortiori reasoning. -/- The work is divided into three parts. The first part, Formalities, presents the author’s largely original theory of a fortiori argument, in all its forms and varieties. Its four (or eight) principal moods are analyzed in great detail and formally validated, and secondary moods are derived from them. A crescendo argument is distinguished from purely a fortiori argument, and similarly analyzed and validated. These argument forms are clearly distinguished from the pro rata and analogical forms of argument. Moreover, we examine the wide range of a fortiori argument; the possibilities of quantifying it; the formal interrelationships of its various moods; and their relationships to syllogistic and analogical reasoning. Although a fortiori argument is shown to be deductive, inductive forms of it are acknowledged and explained. Although a fortiori argument is essentially ontical in character, more specifically logical-epistemic and ethical-legal variants of it are acknowledged. -/- The second part of the work, Ancient and Medieval History, looks into use and discussion of a fortiori argument in Greece and Rome, in the Talmud, among post-Talmudic rabbis, and in Christian, Moslem, Chinese and Indian sources. Aristotle’s approach to a fortiori argument is described and evaluated. There is a thorough analysis of the Mishnaic qal vachomer argument, and a reassessment of the dayo principle relating to it, as well as of the Gemara’s later take on these topics. The valuable contribution, much later, by Moshe Chaim Luzzatto is duly acknowledged. Lists are drawn up of the use of a fortiori argument in the Jewish Bible, the Mishna, the works of Plato and Aristotle, the Christian Bible and the Koran; and the specific moods used are identified. Moreover, there is a pilot study of the use of a fortiori argument in the Gemara, with reference to Rodkinson’s partial edition of the Babylonian Talmud, setting detailed methodological guidelines for a fuller study. There is also a novel, detailed study of logic in general in the Torah. -/- The third part of the present work, Modern and Contemporary Authors, describes and evaluates the work of numerous (some thirty) recent contributors to a fortiori logic, as well as the articles on the subject in certain lexicons. Here, we discover that whereas a few authors in the last century or so made some significant contributions to the field, most of them shot woefully off-target in various ways. The work of each author, whether famous or unknown, is examined in detail in a dedicated chapter, or at least in a section; and his ideas on the subject are carefully weighed. The variety of theories that have been proposed is impressive, and stands witness to the complexity and elusiveness of the subject, and to the crying need for the present critical and integrative study. But whatever the intrinsic value of each work, it must be realized that even errors and lacunae are interesting because they teach us how not to proceed. -/- This book also contains, in a final appendix, some valuable contributions to general logic, including new analyses of symbolization and axiomatization, existential import, the tetralemma, the Liar paradox and the Russell paradox. (shrink)

The paper deals with the "deuteros plous", literally ‘the second voyage’, proverbially ‘the next best way’, discussed in Plato’s "Phaedo", the key passage being Phd. 99e4–100a3. The second voyage refers to what Plato’s Socrates calls his “flight into the logoi”. Elaborating on the subject, the author first (I) provides a non-standard interpretation of the passage in question, and then (II) outlines the philosophical problem that it seems to imply, and, finally, (III) tries to apply this philosophical problem to (...) the "ultimate final proof" of immortality and to draw an analogy with the ontological argument for the existence of God, as proposed by Descartes in his 5th "Meditation". The main points are as follows: (a) the “flight into the logoi” can have two different interpretations, a common one and an astonishing one, and (b) there is a structural analogy between Descartes’s ontological argument for the existence of God in his 5th "Meditation" and the "ultimate final proof" for the immortality of the soul in the "Phaedo". (shrink)

According to cognitive psychology, virtually every sensory system influences the way in which flavours are experienced. However, it is less clear which systems are actually constitutive of flavour perception and which have merely causal influence. The paper focuses on the status of vision and audition, which are usually not treated as constitutive in the context of flavour perception. First, it is proposed that the mechanistic explanation debate provides conceptual resources which allow the constitutivity of sensory systems to be assessed. (...) class='Hi'>Second, it is argued that the contemporary state of the art provides reasons for accepting the constitutive role of audition, but analogous evidence is not available in the case of vision. (shrink)

My aim in this chapter is to explore an analogy between logic and ethics, as Wittgenstein understands them in the Tractatus. First, I argue that Wittgenstein regards logic as a condition of the possibility of meaning, in the sense that logic makes meaningful language and thought possible. Second, I ask why Wittgenstein calls both logic and ethics ‘transcendental’. I suggest that, while logic is a condition of the possibility of semantic meaning, ethics is a condition of the possibility (...) of existential meaning. Without ethics, life could not be meaningful. Third, I show that harmony and agreement play a crucial role in Wittgenstein’s accounts of logic and ethics. A meaningful proposition can be true or false, a meaningful life can be happy or unhappy, and both truth and happiness consist in some kind of harmony or agreement with reality. (shrink)

How surprising is the insight, that being equals I in the 15th lecture of the Doctrine of Science 1804/II? It might have been indeed an unexpected turn for his contemporaries in Berlin listening to Fichte for the first time, but should it be surprising for us, having at least since 2012 (the year the last volume of [Gesamtausgabe] appeared) access to all his published and unpublished works? I want to propose a way of reading Fichte, which bypasses two popular and (...) contradictory interpretations of his philosophy in the post-Jena period: (a) the Absolute is the new first principle (hence the I is just a shadow of the much higher being) and (b) his system basically remains unchanged (hence the being is nothing more than the I). At first, I analyze the functions of later Fichte’s improved version of the Kantian and Reinholdian abstract subject-object-symbolism and assign specific content to it. This will shed light on the structure and the first principle of the Doctrine of Science 1804/II. In the second section I give reasons why Fichte calls both God and I “absolute” and “pure being” and explain their relation to each other referring to a thought experiment sometimes used by Kant—an analogy between the divine and human (pure) reason. The analogical thinking of this kind remains within the borders of transcendental philosophy as long as it is used only for certain didactic purposes. (shrink)

For many old and new mechanists, Mechanism is both a metaphysical position and a thesis about scientific methodology. In this paper we discuss the relation between the metaphysics of mechanisms and the role of mechanical explanation in the practice of science, by presenting and comparing the key tenets of Old and New Mechanism. First, by focusing on the case of gravity, we show how the metaphysics of Old Mechanism constrained scientific explanation, and discuss Newton’s critique of Old Mechanism. Second, (...) we examine the current mechanistic metaphysics, arguing that it is not warranted by the use of the concept of mechanism in scientific practice, and motivate a thin conception of mechanism (the truly minimal view), according to which mechanisms are causal pathways for a certain effect or phenomenon. Finally, we draw analogies between Newton’s critique of Old Mechanism and our thesis that the metaphysical commitments of New Mechanism are not necessary in order to illuminate scientific practice. (shrink)

If Carl Schmitt’s Political Theology (1922) serves as a sort of ‘ground zero’ of political theological questions, at least in the disciplinary framework of political and legal theory, today’s debate has managed to look beyond Schmitt’s analysis of political authority, public law and the prerogatives of sovereign power. Schmitt’s genealogical and analogical methods have thus been redeployed to trace not only the modern concept of power back to Christian theology between the second and the fifth centuries, but to expose (...) a systemic relation between the Trinitarian idea of ‘oikonomia’ and modern forms of biopolitical governance. This chapter contributes to contemporary reflections on economic theology. Drawing on Schmitt’s early attempts to elaborate a concept of ‘neutralization’, it makes the case for a theological-based analysis of ‘neoliberalization’ after the Great Crash of 2008. (shrink)

David Furley's work on the cosmologies of classical antiquity is structured around what he calls "two pictures of the world." The first picture, defended by both Plato and Aristotle, portrays the universe, or all that there is (to pan), as identical with our particular ordered world-system. Thus, the adherents of this view claim that the universe is finite and unique. The second system, defended by Leucippus and Democritus, portrays an infinite universe within which our particular kosmos is only one (...) of countless kosmoi. Aristotle's argument in De caelo I.9 that the world is necessarily unique is an important contribution to this debate. This argument holds interest because it shows Aristotle wrestling with an apparent inconsistency in his own philosophy, as deeply-held convictions within his cosmology collide with an equally deeply-held conviction within his metaphysics. The following three principles, each of which Aristotle appears committed to, are inconsistent: -/- The cosmic uniqueness principle. The world is necessarily unique. The cosmic form principle. The world is an ordered, structured unity. As such, the world has a form. The possibility of multiple instantiation principle. For all F, if F is a form, it is possible that there exist multiple Fs. In De caelo I.9, Aristotle argues that we can establish the uniqueness of the universe, reject the multiple instantiation principle, yet still retain the distinction between 'this world' and 'world in general,' if the following is true (as it is): the world takes up all the matter that exists. Aristotle illustrates this argument with one of the stranger analogies in his corpus: imagine an aquiline nose that takes up all the flesh in the universe. If this were so, then there could not exist any other aquiline objects whatsoever. (For this reason, we dub the De caelo I.9 argument the 'Cosmic Nose argument.') This paper is an interpretation of how this argument is supposed to proceed and an assessment of its success. The first section states the problem Aristotle is confronted with, sorts through Aristotle's various statements of the Cosmic Nose argument, which exhibit some sloppiness, and reconstructs charitably a single argument. We also spend some time examining the significance of Aristotle's example of a gigantic aquiline nose. We argue that, even charitably reconstructed, the argument appears to commit a serious modal fallacy. The remainder of the paper explores whether this modal fallacy can be overcome. We conclude that, although not a cogent argument for the uniqueness of the world (as this would require a significant revision of our current astronomy), the Cosmic Nose argument does succeed on its own terms. However, it should not be regarded as a free-standing argument for the uniqueness of the world. Instead, it depends crucially on the earlier argument in De caelo I.8 for the universe's uniqueness; De caelo I.9 should be viewed as an attempt to extend the conclusion of De caelo I.8 and to show how this conclusion can be made consistent with Aristotle's metaphysical principles about the nature of form. (shrink)

Four accounts, three of them Kantian, of true sentences of the form “ exists” are contrasted. Russell’s theory that such sentences are meaningless is contrasted with two other Kantian theories that are analogous to one another: Frege’s semantic-ascent theory and the Frege-inspired ungerade (indirect, “oblique”) theory. Frege’s objection to the semantic-ascent account of identity is applied, ironically with equal force, against his account of existence. A second argument favoring the ungerade theory is offered. The argument is then refuted through (...) an application of a general strategy suggested by Kripke. A fourth theory, the deeply anti-Kantian existence-as-predicate theory, fully accommodates these results. (shrink)

This article, the second of a two-part essay, outlines a solution to certain tensions in Thomist philosophical anthropology concerning the interaction of the human person’s immaterial intellectual or noetic operations with the psychosomatic sensory operations that are constituted from the formal organization of the nervous system. Continuing with where the first part left off, I argue that Thomists should not be tempted by strong emergentist accounts of mental operations that act directly on the brain, but should maintain, with Aquinas, (...) that noetic operations directly interact with psychosomatic operations. I develop a Thomist account of noetic–psychosomatic interactions that expands upon the first part’s rapprochement between the new mechanist philosophy of neuroscience and psychology and hylomorphic animalism. I argue that noetic–psychosomatic interactions are best understood as analogous to the way diverse higher and lower order psychosomatic powers interact by actualizing, coordinating, and directing the operations of other psychosomatic powers. I draw on James Ross’s arguments for the immateriality of intellectual operations as realizing definite pure functions in order to elucidate the way noetic operations uniquely actualize, coordinate, and direct the psychosomatic operations they interact with. I conclude with a conjectural sketch of how this presentation of Thomist philosophical anthropology understands the noetic and psychosomatic deficits brought about by damage to the nervous system. (shrink)

The historically-influential perceptual analogy states that intuitions and perceptual experiences are alike in many important respects. Phenomenalists defend a particular reading of this analogy according to which intuitions and perceptual experiences share a common phenomenal character. The phenomenalist thesis has proven highly influential in recent years. However, insufficient attention has been given to the challenges that the phenomenalist thesis raises for theories of intuitions. In this paper, I first develop one such challenge. I argue that if we take (...) seriously the idea that intuitions and perceptual experiences have a common phenomenal character, then an analogous version of the familiar problem of perceptual presence arises for intuitions. I call this the 'problem of intuitive presence'. In the second part of the paper I sketch a novel enactivist solution to this problem. (shrink)

Drawing an analogy between modal structuralism about mathematics and theism, I o er a structuralist account that implicitly de nes theism in terms of three basic relations: logical and metaphysical priority, and epis- temic superiority. On this view, statements like `God is omniscient' have a hypothetical and a categorical component. The hypothetical component provides a translation pattern according to which statements in theistic language are converted into statements of second-order modal logic. The categorical component asserts the logical possibility (...) of the theism struc- ture on the basis of uncontroversial facts about the physical world. This structuralist reading of theism preserves objective truth-values for theistic statements while remaining neutral on the question of ontology. Thus, it o ers a way of understanding theism to which a naturalist cannot object, and it accommodates the fact that religious belief, for many theists, is an essentially relational matter. (shrink)

Since at least the second half of the 19th century, the U.S. federal government has enjoyed “plenary power” over its immigration policy. Plenary power allows the federal government to regulate immigration free of judicial review and thereby, with regard to immigration cases, minimize the Constitutional protections afforded to non-citizens. The justification for granting the U.S federal government such broad powers comes from a certain understanding of sovereignty; one where limiting sovereign authority in cases like immigration could potentially undermine its (...) legitimacy and thereby lead to something like a Hobbesian “state of nature.” One of the potential downsides of allowing the federal government to have such broad powers, however, is the potential to place non-citizens in a situation analogous to what Giorgio Agamben has called the “state of exception.” This situation appears to leave us with the following dichotomy: without something like the plenary power doctrine a political community will end up with a state of nature, but with something like the plenary power doctrine they end up with a state of exception. This essay offers a two-part response to this dilemma. First, it argues that the plenary power doctrine goes against the spirit of the U.S. Constitution, specifically the Fourteenth Amendment. Non-citizens, even undocumented immigrants, are entitled to more Constitutional protections than they currently enjoy. Second, since extending these protections is more consistent with the spirit of the Constitution, I argue that curtailing the federal government’s power over matters of immigration does not undermine its sovereignty, but promotes it. In short, with regard to immigration, it is a false but seductive dichotomy that constitutional democracies must choose between a state of nature and a state of exception. (shrink)

Fitting Attitudes accounts of value analogize or equate being good with being desirable, on the premise that ‘desirable’ means not, ‘able to be desired’, as Mill has been accused of mistakenly assuming, but ‘ought to be desired’, or something similar. The appeal of this idea is visible in the critical reaction to Mill, which generally goes along with his equation of ‘good’ with ‘desirable’ and only balks at the second step, and it crosses broad boundaries in terms of philosophers’ (...) other commitments. For example, Fitting Attitudes accounts play a central role both in T.M. Scanlon’s [1998] case against teleology, and in Michael Smith [2003], [unpublished] and Doug Portmore’s [2007] cases for it. And of course they have a long and distinguished history. (shrink)