This study aims to provide a coherent new interpretation of the notorious anti-hedonism of Speusippus, Plato’s nephew and the second scholarch of the Academy, by reconsidering all the relevant sources concerning his attitude toward pleasure—sources that seem to be in tension or even incompatible with each other. By reassessing Speusippus’ anti-hedonism and Aristotle’s response, it also sheds new light on the Academic debate over pleasure in which he and Aristotle participated: This debate is not merely concerned with the truth and (...) credibility of the arguments for or against hedonism; there are also notable differences among the participants in their understanding of the practical significance of evaluating hedonic experiences. This new interpretation allows us to better understand Aristotle’s selective representation of the intra-school debate and some neglected features of his responses to different interlocutors. (shrink)

Comparative philosophy between two disparate cultural-philosophic traditions, such as Western and Chinese philosophy, has become a new trend of philosophical fashion in the late twentieth and early twenty-first centuries. Having learned from the past, contemporary comparative philosophers cautiously safeguard their comparative studies against two potential pitfalls, namely cultural universalism and cultural relativism. The Orientalism that assumed the superiority of the Occidental has become a memory of the past. The historical pendulum has apparently swung to the other extreme. The more recent (...) "reverse Orientalism" has started to reclaim the superiority of the Oriental. We have even been told that the twenty-first... (shrink)

on how to justify the rationality of sciences.

本論文探討了經濟指標與經濟發展之間的相關性，著重於 GDP、購買力平 價（PPP）、經濟成長率、失業率等常見的經濟指標，並對台灣、日本、韓國、 美國和中國等國家的數據進行比較分析。研究發現，單一經濟指標無法全面反 映一國的經濟發展，需要結合多個指標來更準確地評估經濟狀況。論文也討論 了各國在經濟成長中的表現差異，以及貧富差距和失業率對經濟發展的影響， 並強調了購買力平價在跨國比較中的重要性。最後，文章指出在衡量經濟發展 時，除了 GDP，還應考慮收入分配及社會福祉等因素。 -/- 關鍵詞：經濟指標、國內生產毛額 (GDP)、購買力平價 (PPP)、經濟成長率、 失業率 .

This essay develops an inferential account of model explanation, based on Mauricio Suárez’s inferential conception of scientific representation and Alisa Bokulich’s counterfactual account of model explanation. It is suggested that the fact that a scientific model can explain is essentially linked to how a modeler uses an established model to make various inferences about the target system on the basis of results derived from the model. The inference practice is understood as a two-step activity, with the first step involving making (...) counterfactual statements about the model itself and the second step involving making hypothetical statements transferring over claims derived from the model onto the target. To illustrate how this two-step activity proceeds, an agent-based simulation model is discussed. (shrink)

This paper reexamines Theophrastus’ Metaphysics 11a18–26, an obscure testimony about Speusippus, the second head of the Platonic Academy. As opposed to the traditional interpretation, which takes this passage as Theophrastus’ polemic against Speusippus’ doctrine of value, I argue that he here dialectically takes advantage of, rather than launches an attack on, the Platonist. Based on this new reading, I further propose a revision and a reassessment of the ‘gloomy metaphysics’ of Speusippus which will shed new light on his ethics.

Imagine that only the state can meet the need for housing but decides not to do so. Unsurprisingly, participants in a vignette experiment deem this scenario unjust. Hence, justice ratings increase when the living situation improves. To a lesser extent, this also holds beyond the need threshold, understood as the minimum amount necessary for a decent life. Surprisingly, however, the justice evaluation function is highly convex below this point. The resulting S-shaped curve is akin to the value function in prospect (...) theory, with the need threshold providing the point of reference and inflection. A control treatment without needs-information supports this interpretation. Needs-information furthermore compresses the perceived injustice of arbitrary inequality. As in prospect theory, such reference dependency suggests biases in judgment and decision making. A consequence may be that the lot of the poorest in society does not receive the attention it would otherwise get. (shrink)

This paper examines Aristotle’s vocabulary of pain, that is the differences and relations of the concepts of pain expressed by synonyms in the same semantic field. It investigates what is particularly Aristotelian in the selection of the pain-words in comparison with earlier authors and specifies the special semantic scope of each word-cluster. The result not only aims to pin down the exact way these terms converge with and diverge from each other, but also serves as a basis for further understanding (...) Aristotle’s philosophical conception of pain. (shrink)

Plato’s nephew Speusippus has been widely accepted as the historical person behind the mask of the anti-hedonists in Phlb. 42b–44c. This hypothesis is supported by, inter alia, the link between Socrates’ char- acterization of them as δυσχερεῖς and the frequent references of δυσχέρεια as ἀπορία to Speusippus in Aristotle’s Metaphysics MN. This study argues against assigning any privileged status to Speusippus in the assimilation of δυσχέρεια with ἀπορία. Instead, based on a comprehensive survey of how δυσχερ- words were used in (...) classical antiquity, the semantic shift of δυσχέρεια can be explained in an alternative way. (shrink)

Michael Weisberg’s account of scientific models concentrates on the ways in which models are similar to their targets. He intends not merely to explain what similarity consists in, but also to capture similarity judgments made by scientists. In order to scrutinize whether his account fulfills this goal, I outline one common way in which scientists judge whether a model is similar enough to its target, namely maximum likelihood estimation method. Then I consider whether Weisberg’s account could capture the judgments involved (...) in this practice. I argue that his account fails for three reasons. First, his account is simply too abstract to capture what is going on in MLE. Second, it implies an atomistic conception of similarity, while MLE operates in a holistic manner. Third, Weisberg’s atomistic conception of similarity can be traced back to a problematic set-theoretic approach to the structure of models. Finally, I tentatively suggest how these problems might be solved by a holistic approach in which models and targets are compared in a non-set-theoretic fashion. (shrink)

Polger and Shapiro argue that their official recipe, a criterion for judging when the phenomenon of multiple realization exists, renders MR less widespread than its proponents have assumed. I argue that, although Polger and Shapiro’s criterion is a useful contribution, they arrive at their conclusion too hastily. Contrary to Polger and Shapiro, I claim that the phenomenon of multiple realization in the biological world, judged by their criterion, is not as scarce as they suggest. To show this, an updated official (...) recipe, namely a multiple mechanistic realization thesis, integrating Polger and Shapiro’s criterion with a compositional conception of realization, is developed. Then, three examples of varied kinds are examined, showing that cases of MR are not so hard to find in the biological world. (shrink)

This paper aims to clarify Plato’s notions of the natural and the neutral state in relation to hedonic properties. Contra two extreme trends among scholars—people either conflate one state with the other, or keep them apart as to establish an unsurmount- able gap between both states, I argue that neither view accurately reflects Plato’s position because the natural state is real and can coincide with the neutral state in part, whereas the latter, as an umbrella term, can also be realized (...) in a non-natural condition. The clarification of the relation between the two states will shed light on the degree to which Plato admits and constrains the hedonic value for a good human life; further, this will call attention to some (not well explored) parallel thoughts in the medical tradition to which Plato is indebted. (shrink)

There has been a movement aiming to teach agents about their privilege by making the information about their privilege as costless as possible. However, some argue that in risk-sensitive frameworks, such as Lara Buchak’s (2013), it can be rational for privileged agents to shield themselves from learning about their privilege, even if the information is costless and relevant. This threatens the efficacy of these information-access efforts in alleviating the problem of elite-group ignorance. In response, I show that even within the (...) same framework, in this case David Kinney and Liam Kofi Bright’s (2021), the rationality of this information avoidance rests on shaky ground in practice. In this framework, whether an agent should avoid information depends on the precise details of (1) how relevant they expect the information to be, (2) their priors about the value of various options, and (3) their risk attitudes. The model suggests that the rationality of elite-group ignorance is a function of structural factors that are pervasive but nonetheless not insurmountable, thus offering a way out of pessimism about elite group education. (shrink)

Zunshine’s essay draws on recent research in developmental psychology and cognitive evolutionary anthropology to examine emotional responses to supernatural events by the child and adult characters of E. T. A. Hoffmann’s "The Nutcracker and the Mouse King" (1816), as well as to revisit the traditional literary critical view of those responses, according to which the tale’s main protagonist, the seven-year-old Marie, possesses a “Romantic imagination” (in contrast to her philistine parents). Zunshine demonstrates, first, that Marie’s stubborn insistence on the reality (...) of Nutcracker and the Mouse King is well in keeping with what developmental psychologists today would expect from children of her age group; and, second, that when Marie’s parents are called to comment on their daughter’s account of her magical adventures, their stodgy response is influenced by a very particular kind of social pressure under which they find themselves. While the essay’s primary goal is to emphasize the developmental and social aspects of the characters’ attitudes toward what is real, Zunshine also discusses the legitimacy of using recent research by cognitive scientists for examining the psychology and interpersonal dynamics of early nineteenth-century fictional characters. (shrink)

Kuhn's alleged taxonomic interpretation of incommensurability is grounded on an ill defined notion of untranslatability and is hence radically incomplete. To supplement it, I reconstruct Kuhn's taxonomic interpretation on the basis of a logical-semantic theory of taxonomy, a semantic theory of truth-value, and a truth-value conditional theory of cross-language communication. According to the reconstruction, two scientific languages are incommensurable when core sentences of one language, which have truth values when considered within its own context, lack truth values when considered within (...) the context of the other due to the unmatchable taxonomic structures underlying them. So constructed, Kuhn's mature interpretation of incommensurability does not depend upon the notion of truth-preserving translatability, but rather depends on the notion of truth-value-status-preserving cross-language communication. The reconstruction makes Kuhn's notion of incommensurability a well grounded, tenable and integrated notion.Author Keywords: Incommensurability; Thomas Kuhn; Taxonomic structures; Lexicons; Truth-value; Untranslatability; Cross-language communication. (shrink)

Despite Donald Davidson's influential criticism of the very notion of conceptual schemes, the notion continues enjoying its popularity in contemporary philosophy and, accordingly, conceptual relativism is still very much alive. There is one major reason responsible for Davidson's failure which has not been widely recognized: What Davidson attacks fiercely is not the very notion, but a notion of conceptual schemes, namely, the Quinean notion of conceptual schemes and its underlying Kantian scheme-content dualism. However, such a notion simply cannot carry the (...) weight of conceptual relativism for it does not catch the essences of conceptual relativism. Consequently, I argue that the very notion of conceptual schemes and conceptual relativism have survived Davidson's attack. Therefore, the failure of the Quinean notion of conceptual schemes and Kantian scheme-content dualism, even if Davidson can claim victory, does not mark the end of the very notion of conceptual schemes.[ABSTRACT FROM AUTHOR]. (shrink)

The debate over the value of pleasure among Eudoxus, Speusippus, and Aristotle is dramatically documented by the Nicomachean Ethics, particularly in the dialectical pros-and-cons concerning the so-called argument from contraries. Two similar versions of this argument are preserved at EN VII. 13, 1153b1–4, and X. 2, 1172b18–20. Many scholars believe that the argument at EN VII is either a report or an appropriation of the Eudoxean argument in EN X. This essay aims to revise this received view. It will explain (...) why these two arguments differ in premises, contents and purposes, and why these distinctions matter for a proper assessment of Aristotle’s understanding of pleasure and pain in general and his dialectical art in particular. (shrink)

According to the received translational interpretation of incommensurability, incommensurability is viewed as untranslatability due to radical variance of meaning or reference of the terms in two competing scientific languages. The author argues that the translational approach to incommensurability does not effectively clarify the concept of incommensurability. Since it cannot provide us with tenable, integrated concept of incommensurability, it should be rejected.

The concept of vulnerability has been renewed in meaning and importance over recent decades. Scholars such as Judith Butler, Martha Fineman and Pamela Sue Anderson have endeavored to redeem vulnerability from its traditional signification as a negative individual condition, and to reveal the positive meaning of vulnerability as a transformative call for solidarity, equality and love. In this paper we examine the newly constructed positive understanding of vulnerability, and argue that the current way of pursuing this positive understanding affirms a (...) merely functional positivity. In the recent accounts, vulnerability is still a status to avoid, yet functions positively as a corrective force to the environment that produces vulnerability. We will try to find an essential way of designating the positivity of vulnerability by revisiting the philosophical discussion on vulnerability in Emmanuel Levinas. We will argue that Levinas’s notion of vulnerability is positive in a sense which goes beyond the purely functional; it is seen as essential for his definition of humanity. Yet compared to the contemporary discussion, Levinas’s notion of vulnerability lacks a direct social political meaning. We will tentatively explore how the essential positivity drawn from Levinas can provide a new way to construct the political significance of vulnerability. (shrink)

Against the received translation-failure interpretation, this book presents a presuppositional interpretation of incommensurability, that is, the thesis of incommensurability as cross-language communication breakdown due to the incompatible metaphysical presuppositions underlying two competing presuppositional languages, such as scientific languages. This semantically sound, epistemologically well-established, and metaphysically profound interpretation not only affirms the tenability of the notion of incommensurability and confirms the reality of the phenomenon of incommensurability, but also makes some significant contributions to the discussion of many related issues, such as (...) the notion of conceptual schemes, the notion of truth-value status and truth-value conditions, and the issue of cross-language understanding and communication. (shrink)

The current discussions of conceptual schemes and related topics are misguided; for they have been focused too much on the truth-conditional notions of meaning/concepts and translation/interpretation in Tarski's style. It is exactly due to such a Quinean interpretation of the notion of conceptual schemes that the very notion of conceptual schemes falls prey to Davidson's attack. We argue that what should concern us in the discussions of conceptual schemes and related issues, following the initiatives of I. Hacking, T. Kuhn, and (...) N. Rescher, is not the truth-values of assertions, but rather the truthvalue-status of the sentences used to make the assertions. This is because the genuine conceptual innovation between alternative theories/languages does not lie in differences in determining the truth-values of their sentences, but turns on whether these sentences have truth-values when considered within the context of a competing one. The core of conceptual relativism does not consist in the claim that different conceptual schemes may yield incommensurable truth claims, but rather that different conceptual schemes may yield incompatible truth-value-status and therefore lead to distinct perceptions of reality. Conceptual schemes are no longer seen as sentential languages consisting of a set of sentences accepted as true, but rather seen as metaphysical presuppositions of presuppositional languages.[ABSTRACT FROM AUTHOR]. (shrink)

Why is mutual understanding between two substantially different comprehensive language communities often problematic and even unattainable? To answer this question, the author first introduces a notion of presuppositional languages. Based on the semantic structure of a presuppositional language, the author identifies a significant condition necessary for effective understanding of a language: the interpreter is able to effectively understand a language only if he/she is able to recognize and comprehend its metaphysical presuppositions. The essential role of the knowledge of metaphysical presuppositions (...) in understanding is further strengthened by developing a truth-value conditional theory of understanding. It is concluded that if the interpreter approaches an incompatible alien language from the standpoint of the interpreter's own language by projecting the metaphysical presuppositions of his/her own language upon the alien language, then the mutual understanding between the two language communities is doomed to failure. (shrink)

It is a common wisdom that linguistic communication is different from linguistic understanding. However, the distinction between communication and understanding is not as clear as it seems to be. It is argued that the relationship between linguistic communication and understanding depends upon the notions of understanding and communication involved. Thinking along the line of propositional understanding and informative communication, communication can be reduced to mutual understanding. In contrast, operating along the line of hermeneutic understanding and dialogical communication, the process of (...) understanding is in essence a process of communication. However, dialogical communication should not be confused with propositional understanding. Conversely, hermeneutic understanding should not be confused with informative communication either. The former is dialogical in nature while the latter is monological. (shrink)

The current discussions of conceptual schemes and related topics are misguided; for they are based on a tacit assumption that the difference between two schemes consists in the different distributions in truth-values. I argue that what should concern us, in the discussions of conceptual schemes and related issues, is not truth-values of assertions, but rather the truth-value-status of the sentences used to make the assertions. This is because the genuine conceptual innovation between alternative theories or languages does not lie in (...) differences in determining truth-values of their sentences, but turns on whether these sentences have truth-values when considered within the context of a competing one. This new interpretation of the notion of conceptual schemes, which I refer to as presuppositional languages, is not only good in itself—for establishing the intelligibility and tenability of the notion—but quite beneficial in its effect on other related issues. (shrink)

What the authors attempt to address in this paper is a Kantian question: not whether, but how is cross -cultural understanding possible? And specifically, what is a more effective approach for cross -cultural understanding? The answer lies in an analysis of two different models of cross -cultural understanding, that is, propositional and hermeneutic understanding. To begin with, the author presents a linguistic interpretation of culture, i.e., a culture as a linguistically formulated and transmitted symbolic system with its conceptual core as (...) a scheme of basic cultural presuppositions, which it referred to as a cultural language. After exploring the essential role of cultural presuppositions in cross -cultural understanding, the author discusses the traditional model of cross -cultural understanding, namely, the propositional model. Through critically examining the two popular versions of the propositional model, i.e., the projective approach and the adoptive approach to cross -cultural understanding, it is found that cross -cultural propositional understanding is doomed to failure. To move us beyond the absolutism -relativism trap embedded within propositional understanding, the author first introduces and discusses Hans-Georg Gadamer’s hermeneutic understanding, and then applies Hans-Georg Gadamer’s hermeneutic model of understanding to cross -cultural understanding. It is finally concluded that cross -cultural understanding is essentially hermeneutic—including the case of cultural learning, not propositional. Therefore, cross -cultural understanding is hermeneutically possible. (shrink)

斯特劳逊 （Strawson）的语义预设概念在语义学和语言哲学研究上颇有建树。尽管如此，语义预设概念一直遭受来自各方面的批判。概要说来，对语义预设概念之批判主要来自两个方面：其一，试图抽去语义预设概念的逻辑基础 ，即非真值概念 (the notion of truthvaluelessness)，从而达到间接地拒斥语义预设概念之目的。其二，直接批判语义预设概念本身。他们或者论证此概念在理论上不自恰或微不足道，或者断定即使此概念本身在理论上自恰，但实为一空 洞无物之概念。因为我们根本找任何一个语义预设的具体例证。所以，语义预设概念不具任何真正的哲学意义。它只是一个当代神话，理应拒斥。 -/- 玻尔(S. Ber)和莱肯(W. Lycan)对语义预设概念的批判集中代表了以上两个方面。据我所知，迄今不曾有人对他们的批判予以全面和公正的反驳，以致于许多人人云亦云，使得他们的论点至今颇有影响。给予玻尔和莱恩的批判以全面反驳乃本文初 衷。于此相关，我以为很有必要澄清对语义预设概念的诸多误解，从而确立一个理论上自恰，实际上可行，和确有实质性内容的语义预设概念。基于以上考虑，我对语义预设概念批判之反驳包括正 反两个方面。在第二节，我试图建立一个自恰，完备，非庸俗的语义预设概念。基于这一概念，第三节对玻尔和莱恩反对语义预设的两个核心批判予以全面反驳。第四节着重辩护非真值概念。本文的最后结论是：各种批判并未损 伤斯特劳逊的语义预设概念的精髓。语 义预设概念非但不是一个当代神话，而且具有重大哲学意义。 .

D. Davidson argues that the existence of alternative conceptual schemes presupposes the Kantian scheme-content dualism, which requires a scheme-neutral empirical content and a fixed, sharp schemecontent distinction. The dismantlement of such a Kantian scheme-content dualism, which Davidson calls “the third dogma of empiricism”, would render the notion of alternative conceptual schemes groundless. To counter Davidson’s attack on the notion of alternative conceptual schemes, I argue that alternative conceptual schemes neither entail nor presuppose the Kantian scheme-content dualism. On the contrary, it (...) is exactly the abandonment of the concept-neutral content and the denial of a fixed, absolute scheme-content distinction that turns the Kantian conceptualabsolutism upside down and thus makes alternative conceptual schemes possible. Proposing common-sense experience as the empirical content of alternative schemes, I construct and defend a non-Kantian scheme-content dualism based on a non-fixed, relative scheme-content distinction. The proposed non-Kantian scheme-content dualism is not only “innocent” enough to be immune from Davidson’s charge of the third dogma of empiricism, but also “solid” enough to be able to sustain alternative conceptual schemes. I conclude that in terms of our conceptual schemes, we are connected to the world as closely as possible; only through conceptual schemes can we be connected to the world. (shrink)

E. Husserl’s reflections in Logical Investigations on “intentional feelings” and “non-intentional feelings” are significant in both his later ethical explorations and M. Scheler’s thought on ethics. Through the incorporation of the views of Husserl and Scheler, we find that the phenomenology of the intentional feeling-acts is not only the foundation of the non-formal ethics of values in Scheler’s phenomenology, but also at least the constitutive foundation of the ethics of Husserl’s first orientation.

On the basis of the distinction between logical and factual probability, epistemic justification is distinguished from logical justification of induction. It is argued that, contrary to the accepted interpretation of Hume, Hume believes that inductive inferences are epistemically legitimate and justifiable. Hence the beliefs arrived at via (correct) inductive inferences are rational beliefs. According to this interpretation, Hume is not a radical skeptic about induction.

This paper is an attempt to clarify the notion of semantic presupposition and to refute Böer and Lycan's critique of that notion. The author presents a feasible and coherent formal definition of semantic presupposition after examining several popular definitions of the notion. In terms of this definition, two central arguments against semantic presupposition presented by Böer and Lycan are analyzed and responded to with care. It is concluded that the notion of semantic presupposition is not empty but rather is philosophically (...) interesting and fruitful. (shrink)

What is the ontological status of facts? Are facts linguistic or extra-linguistic entities? If facts are extra-linguistic entities, are they mind-independent or relative to languages, theories or conceptual schemes? Based on a minimal definition of facts, the author argues that what are specified by true statements are not identical to true propositions expressed, so facts are not linguistic entities. Furthermore, what are specified by true statements are not to which a true statement corresponds, so facts are not mind-independent, either as (...) concrete entities in the universe or as abstract entities in the world as it is. Last, the author presents an internal factual realist answer: although facts are neither in the world as it is, nor in a language, facts are real and exist in a world under consideration. A fact, as a non-linguistic correlate of a true statement of a language, exists in a world specified by the language. (shrink)

I propose a dynamic causal approach to characterizing the notion of a mechanism. Levy and Bechtel, among others, have pointed out several critical limitations of the new mechanical philosophy, and pointed in a new direction to extend this philosophy. Nevertheless, they have not fully fleshed out what that extended philosophy would look like. Based on a closer look at neuroscientific practice, I propose that a mechanism is a dynamic causal system that involves various components interacting, typically nonlinearly, with one another (...) to produce a phenomenon of interest. (shrink)

The Symbolic Logic Study Guide is designed to accompany the widely used symbolic logic textbook Language, Proof and Logic (LPL), by Jon Barwise and John Etchemendy (CSLI Publications 2003). The guide has two parts. The first part contains condensed, essential lecture notes, which streamline and systematize the first fourteen chapters of the book into seven teaching sections, and thus provide a clear, well-designed roadmap for the understanding of the text. The second part consists of twelve sample quizzes and solutions. The (...) Symbolic Logic Study Guide is essential for all instructors and students who use LPL in their symbolic logic classes. (shrink)

According to the accepted translation-failure interpretation, the problem of incommensurability involves the nature of the meaning-referential relation between scientific languages. The incommensurability thesis is that some competing scientific languages are mutually untranslatable due to the radical variance of meaning or/and reference of the terms they employ. I argue that this interpretation faces many difficulties and cannot give us a tenable, coherent, and integrated notion of incommensurability. It has to be rejected. ;On the basis of two case studies, I find that (...) the confrontations between many classical incommensurable languages are not confrontations between two untranslatable languages with different distribution of truth values, but rather the confrontations between incompatible fundamental presuppositions at the ontological level. We can always identify a truth-value gap between two incommensurable languages. Such a truth-value gap indicates a communication breakdown between the two language communities on the one hand, and is caused by the incompatible fundamental presuppositions underlying them on the other. ;I thereby identify the truth-value functional relationship between sentences, instead of the meaning-referential relationship between terms, as the dominant semantic relation between two incommensurable languages. According to my presuppositional interpretation of incommensurability, the real secret of incommensurability lies in the ontological setup of two competing presuppositional languages. When two presuppositional languages with incompatible factual commitments encounter with each other, the confrontation leads to a truth-value gap, and consequently a communication breakdown between them. Formally put, two scientific languages are incommensurable when core sentences of one language, which have truth values when considered within its own context, lack truth values when considered within the context of the other due to an ontological gap between them. ;The presuppositional interpretation makes many significant contributions to the discussion of the issue of incommensurability and the related metaphysical and epistemological issues: It confirms the existence of the phenomenon of incommensurability and makes it metaphysically and epistemologically significant. It establishes the tenability and integrity of the notion of incommensurability. It avoids many alleged unattractive epistemological and metaphysical consequences of the translation-failure interpretation. (shrink)

El concepto de dignidad humana ha sido considerado o demasiado denso o demasiado delgado. Sin embargo, desde el punto de vista del no-positivismo, la normatividad jurídica de la dignidad humana puede ser justificada y reforzada por medio de su corrección moral. Desde una perspectiva individual, la comprensión de Mencio sobre la dignidad humana como un valor intrínseco y el imperativo categórico de Kant (el ser humano como un fin en sí mismo) podrían ser adecuadamente comprendidos con base en la diferencia (...) (así como la conexión) entre el principium diiudicationis y el principium executionis, entre voluntad y “elección”; así como entre homo phaenomenon y homo noumenon (es decir, humanidad en la persona de los seres humanos). Desde una perspectiva social, las dimensiones del individuo y la persona social son construcciones ficticias; inclusive Radbruch -alguna vez defensor del derecho social- no remplazó el concepto de “persona jurídica” y, en el periodo de posguerra, reconoció la dignidad humana individual como el criterio para aplicar su famosa “fórmula de Radbruch". Por una parte, la dignidad humana muestra cuando menos un carácter normativo débil, el cual requiere, primero, ponderar entre el ejercicio de los poderes estatales y el control de constitucionalidad bajo la guía de la dimensión dual del ser humano y, segundo, la optimización del principio de la dignidad humana en casos particulares. Por otra, a través de la conexión necesaria entre el concepto de dignidad y personalidad, la dignidad humana puede exhibir un carácter normativo fuerte, el cual requiere inevitablemente una justificación metafísica. (shrink)

Based on the dispute between Protagoras and Socrates on the origin of ethics, one can ask the question of whether the principle of ethics is reason orfeeling/emotion, or whether ethics is grounded on reason or feeling/emotion. The development of Kant’s thoughts on ethics shows the tension between reason and feeling/emotion. In Kant’s final critical ethics, he held to a principle of “rational a priori.” On the one hand, this is presented as the rational a priori principle being the binding principle (...) of judgment. On the other hand, it is presented as the doctrine of “rational fact” as the ultimate argument of his ethics. Husserl believed that Kant’s doctrine of a rational a priori totally disregarded the a priori essential laws of feeling. Like Husserl, Scheler criticized Kant’s doctrine of a rational a priori, and therefore developed his own theory of an “emotional a priori”. Both of them focused their critiques on the grounding level of ethics. Scheler, however, did not follow Husserl all the way, but criticized him and reflected on his thoughts. At last, he revealed the primary status of a phenomenological material ethics of value. (shrink)

Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary connection (...) between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and principium (...) executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

Les questions les plus fondamentales de la phénoménologie du sentir de Max Scheler concernent la place de l’intentionnalité dans la phénoménologie du sentir et la structuration de la sphère émotionnelle. Dans la première section, nous nous focaliserons avant tout sur la différence entre les sentiments non intentionnels et le sentir intentionnel, en comparant sur ce point les positions de Scheler et de Husserl. En effet, Scheler critique ces deux thèses fondamentales de Husserl: 1) les actes affectifs et leurs corrélats (« (...) valeurs ») doivent être associés aux représentations et à leurs corrélats (« choses », Sachen ); 2) les actes affectifs, en tant qu’actes non objectivants, sont fondés dans les actes objectivants. D’une part, pour Scheler, la valeur est un objet unique en son genre du sentir des valeurs, et le sentir intentionnel est donc un acte indépendant. D’autre part, Scheler a d’abord entrepris de dépasser la séparation entre acte objectivant et acte non objectivant. Dans ce contexte, la recherche actuelle consacrée à Scheler se heurte à de nombreuses difficultés relatives à la structuration de la sphère émotionnelle en rapport avec la hiérarchie des modalités axiologiques et avec l’a priori corrélationnel. Dans la deuxième section, nous expliquerons d’abord les idées de Scheler, puis en discuterons les difficultés. C’est par le « commerce vivant » avec le monde dans le sentir intentionnel et dans les actes émotionnels intentionnels, par les corrélats intentionnels (valeurs matérielles), que Scheler se sépare du formalisme en éthique. A travers un « apriorisme matériel » qui présente trois espèce d’a priori (a priori axiologique, a priori émotionnel et a priori corrélationnel), l’éthique matérielle phénoménologique des valeurs de Sche­ler est guidée par l’esprit d’un « objectivisme et absolutisme éthique rigoureux ». (shrink)

Die Disziplin, die als „Juristische Methodenlehre“ bezeichnet wird, ist gegenwärtig chinesischen Juristen nicht fremd, sie stammt aber ursprünglich aus dem deutschen Sprachraum. In der Literatur finden sich auch verwandte Ausdrücke wie „Juristische Methodologie“, „Juristische Methodik“ bzw.„Methodenlehre der Rechtswissenschaft“. Seit Anfang des 21. Jahrhunderts wurde ihre Rezeption in China durch zwei Übersetzungen gekennzeichnet, nämlich die „rechtswissenschaftliche Methodenlehre“ (faxue fangfalun) und die „rechtliche Methodenlehre“ (falü fangfalun). Neben der herkömmlichen Methodenlehre entwickelte sich auch eine jüngere Theorie der juristischen Argumentation, die die weltweite Aufmerksamkeit (...) sogar außerhalb Deutschlands auf sich lenken konnte und deren Bestand in China einen ganz selbständigen Abschnitt verdient. Als Hintergrund dafür soll von vornherein ein Blick auf die Entwicklungen der chinesischen Rechtstheorie und Rechtsphilosophie nach 1978 und demzufolge auf die Entstehung der Methodenfrage in der chinesischen Rechtswissenschaft geworfen werden. (shrink)

On the one hand, Scheler's critique of Kant's concept of a priori benefits from Husserl to a large extent, and it complements and deepens Husserl's. On the other hand, Scheler also critiques Husserl's definition of a priori. Husserl's material a priori as ideal object primarily thanks to his so-called "Bolzano- turn". In this connection, Scheler grabs hold of the relation of Husserl to Bolzano from the very beginning. For Scheler, Husserl thinks in a "platonic" way, and still falls in a (...) new type of "Platonism", or rather, logical Platonism, although he correctly refuses the ordinary Platonism. In Scheler's view, Husserl's phenomenological reduction is "not purely" executed, and therefore his phenomenological experience is problematic, or more precisely, the relation between categorial intuition and sensuous intuition is problematic. The final aim of Scheler's critique of Husserl's phenomenological understanding of "objective a priori" is to win the primary position of categorial intuition and its content , ethical insight and its correlate , and ultimately of phenomenological ethics of material value.Einerseits nimmt Schelers Kritik an Kant bezüglich des Begriffs des Apriori die Einsichten Husserls in großem Umfang auf. Schelers Kritik an Kant ergänzt und vertieft die Husserlsche Kant-Kritik. Andererseits kritisiert er aber auch Husserls Bestimmung des Apriori. Vor allem verdankt sich das materiale Apriori als idealer Gegenstand bei Husserl der sogenannten “Bolzano’schen Wendung”. Von Anfang an kritisiert Scheler Husserl in diesem Punkt, indem er dem Verhältnis zwischen Bolzano und Husserl immer präziser nachging. Für Scheler unterliegt Husserl mit Recht keinem platten Platonismus. Aber dennoch verfahre Husserl immerhin “platonistisch”, er unterliege einem “Neoplatonismus”, bzw. einem logischen Platonismus. Weil die phänomenologische Reduktion bei Husserl nach Schelers Meinung “nicht reinlich” durchgeführt wird, ist die phänomenologische Erfahrung bei Husserl problematisch, genauer gesagt ist das Verhältnis zwischen der kategorialen Anschauung und der sinnlichen Anschauung problematisch. Der Endzweck von Schelers Kritik an der phänomenologischen Auffassung des gegenständlichen Apriori bei Husserl besteht darin, die primäre Stelle der kategorialen Anschauung und ihrer Gehalte , sowie der sittlichen Einsicht und ihrer Korrelate und zuletzt der phänomenologisch materialen Wertethik zu gewinnen.S jedne strane, Schelerova kritika Kantova pojma a priori u velikoj mjeri duguje Husserlu, te dopunjuje i produbljuje Husserlovu. S druge strane, Scheler kritizira i Husserlovu definiciju apriorija. Husserlov materijalni a priori kao idealni predmet prvenstveno proizlazi iz njegova takozvanog bolzanovskog obrata. Prema Scheleru, Husserl razmišlja na "platonski" način te upada u novi tip "platonizma" ili, točnije, logičkog platonizma, iako s pravom odbacuje obični platonizam. Scheler smatra da Husserlova fenomenološka redukcija nije izvedena "čisto" te da je stoga njegovo fenomenološko iskustvo proble- matično ili, točnije, problematičan je odnos između kategorijalnog zora i osjetilnog zora. Krajnji cilj Schelerove kritike Husserlova fenomenološkog shvaćanja "objektivnog a priori" jest zadobivanje primarne pozicije kategorijalnog zora i njegova sadržaja , etičkog uvida i njegova korelata te, na koncu, fenomenološke etike materijalne vrijednosti. (shrink)

This article argues for the explanatory autonomy of psychology drawing on cases from the multilevel modeling practice. This is done by considering a multilevel linear model in personality and social psychology, and discussing its philosophical implications for the reductionism debate in philosophy of psychology. I argue that this practice challenges the reductionist position in philosophy of psychology, and supports the explanatory autonomy of psychology.

Consumers often buy products not because of their attributes per se but rather because of the ultimate benefits that these attributes provide, in turn leading to the satisfaction of ultimate values. And Apple is a type of company which understand their customers & future aspects of innovation in a way that no other companies do. That’s the reason that apple is at No. 1 place in Top 50 Most innovative companies. This article endeavors to recognize the consumer perception towards the (...) Apple products and what is Apple’s ideology. In this article the researcher has listed down 12 variables which affect the consumer behavior most while purchasing Apple products. The researcher took 50 sample sizes to make this paper and this study is being done in Tiruchirappalli District. To prepare the factors, I have used Factor analysis test. (shrink)