I provide a simple solution to the problem of determining the characterising feature(s) of the simple approach to personal identity, sometimes also called the simple view: instead of focusing on claims regarding the analysability, reducibility, or triviality of the concepts used in simple theories of personal identity, I propose instead a metaphysical criterion to define this approach. In particular, I claim that the simple approach is (best seen as) that family (...) of theories according to which personal identity is a relation that essentially depends on a mereologically simple (or impartite) entity the existence and features of which may be known directly (e.g., by introspection) or indirectly (e.g., by deduction from a series of other premises). (shrink)

This paper focuses on three theories of personal identity that incorporate the idea that personal identity is the result of a person’s adopting certain attitudes towards certain mental states and actions. I call these theories subjective theories of personal identity. I argue that it is not clear what the proponents of these theories mean by “personal identity”. On standard theories, such as animalism or psychological theories, the (...) term “personal identity” refers to the numerical identity of persons and its analysis provides the persistence conditions for persons. I argue that if the subjective theories purport to provide a criterion of numerical personal identity, they fail. A different interpretation may suggest that they purport to provide a non-numerical type of identity for the purpose of providing plausible analyses of certain identity-related practical concerns. I argue that the criteria the subjective theories provide fail to capture several of the identity-related concerns. As a result, this interpretation must be rejected as well. (shrink)

A main element in Richard Swinburne’s (2019) argument for substance dualism concerns the conditions of a person’s continued existence over time. In this commentary I aim to question two things: first, whether the kind of imaginary cases that Swinburne relies on to make his case should be accorded the kind of weight he supposes; and second, whether philosophers should be concerned to give any substantial theory, of the sort that dualism and its competitors are apparently meant to provide, to explain (...) the conditions of personal identity after all. My suggestion, instead, will be that the concept of a person’s continued existence is better taken as philosophically unanalyzable. (shrink)

Locke’s theory of personal identity was philosophically groundbreaking for its attempt to establish a non-substantial identity condition. Locke states, “For the same consciousness being preserv’d, whether in the same or different Substances, the personal Identity is preserv’d” (II.xxvii.13). Many have interpreted Locke to think that consciousness identifies a self both synchronically and diachronically by attributing thoughts and actions to a self. Thus, many have attributed to Locke either a memory theory or an appropriation theory of (...) personal identity. But the former stumble on circularity and the latter is insufficient for Locke’s moral theory insofar as he is committed to a theory of divine rectification. The common problem is that Locke’s theory seems to demand an objective, or metaphysical, fact of a continuing consciousness that does not appeal to a traditional notion of substance for the continuity. I’m suggesting something new. In II.xxvii of the Essay, we see an ambiguity in Locke’s use of the term ‘consciousness’. Locke seems to see consciousness as both a mental state by means of which we are aware of ourselves as perceiving and as the ongoing self we are aware of in these conscious states. First, I make the textual argument why we should read Locke as having a conception of a metaphysical fact of a continuing consciousness that does not appeal to thinking or bodily substance to establish its continuity. I then argue that the metaphysical fact of an enduring consciousness is revealed to us as a phenomenological fact of experience. Due to the nature of certain kinds of perceptual situations we have an experience of ourselves as temporally extended. Although the text bears out that Locke seemed to think there is a fact of an ongoing consciousness, I argue that it is consistent with his reluctance elsewhere that he makes no further epistemological or ontological claims about it. Finally, I provide an account of Locke’s understanding of memory and its relation to consciousness that supports the claim that consciousness is something ontologically distinct from either thinking or bodily substance. (shrink)

The problem of diachronic personal identity is this: what explains why a person P1 at time T1 is numerically identical with a person P2 at a later time T2, even if they are not at those times qualitatively identical? One traditional explanation is the soul theory, according to which persons persist in virtue of their nonphysical souls. I argue here that this view faces a new and arguably insuperable dilemma: either souls, like physical bodies, change over time, in (...) which case the soul theory faces an analogue problem of diachronic soul identity, or souls, unlike physical bodies, do not change over time, in which case the soul theory cannot explain why souls relate to particular bodies over time and so at best only partially explains personal identity. I conclude that the soul theory fares no better than physicalist-friendly accounts of personal identity such as bodily- or psychological-continuity-based views. (shrink)

The paper aims to present two distinct ways of defending John Locke’s theory of personal identity from Thomas Reid’s objection. First, it will be argued that this objection is not effective since it starts from a misunderstanding of Locke’s theory. The identity of a person is not preserved by the psychological continuity of consciousness, as Reid understood it, but by its ontological continuity: the existence of the same consciousness preserves the personal identity. Secondly, it will (...) be argued that it is possible to reply to that objection in the light of the observation that the personal identity is preserved by the identity of the man: person and man are connected by means of the notion of body. (shrink)

The purpose of this article is to introduce, interpret, and develop two incompatible process -ontological theories of personal identity that have received little attention in analytic metaphysics. The first theory derives from the notion of personal identity proposed in Alfred North Whitehead’s philosophy, but I interpret this notion differently from previous commentators. The Whiteheadian theory may appeal to those who believe that personal identity involves an entity or entities that are essentially dynamic, but (...) has nothing to do with diachronic objectual identity : the binary equivalence relation that every entity bears to itself, and only to itself, even after undergoing intrinsic change. The Whiteheadian theory may also find favor with those who, like Whitehead, reject the possibility of pure processes and hold that in every becoming, something—which need not be an object, thing, or individual substance—becomes. The second theory derives from the notion of recurrent dynamics presented in Johanna Seibt’s General Process Theory. The Seibtian theory may appeal to those who believe that personal identity involves not only an entity or entities that are essentially dynamic, but also the relation of diachronic objectual identity. The Seibtian theory may also find favor with those who, like Broad and Sellars, find reason to postulate pure processes. (shrink)

The paper discusses Thomas Reid's objection to David Hume's theory of personal identity. The hypothesis states that this criticism is not effective because it is based on a misunderstanding of Hume’s theory, namely, that Hume would have admitted a negative ontological thesis - the inexistence of a mind beyond perceptions - and a positive ontological thesis - a mind reduced to a bundle of perceptions. After explaining in what measures Reid’s objection is based upon this misunderstanding, the paper (...) shows why Hume does not accept those theses,. (shrink)

In this paper, I defend the idea that we need a metaphysical theory to justify identity-related practical concerns, such as self-concern. I outline D. Parfit’s theory, in which the concerns receive a metaphysical justification. Then, I focus on two objections: C. Korsgaard’s claim that the concerns are justified by the unity of agency, and M. Johnston’s contention that the concerns are prima facie justified independently of a metaphysical theory. I argue that even if these theories have a point, (...) they do not cover a range of situations in which justification may be sought. It is in these situations that a metaphysical theory may find its place. (shrink)

This paper assesses the first-person authority account (FPA) of gender, according to which X's self-identification of what X's gender is, is the final say on what X's gender is, such that if others disagree, they are mistaken. One main reason in support of FPA is respecting X's autonomy—that is, overriding X's self-identification amounts to denying X's autonomy. Ozturk criticizes this view using analogies of religious and patriotic self-identifications, such that there are cases in which someone can permissibly claim that another (...) is not, say, a true Muslim or a true patriot. This implies that there might also be cases of permissible rejections of gender self-identification. Ozturk offers instead the negotiative theory of identity, according to which it is permissible to reject a self identification as long as three constraints are satisfied: no harm is done to the self-identifier, and their privacy and dignity are not violated. (This essay is a slightly revised version of that found in the 7th edition of The Philosophy of Sex.). (shrink)

I am going to defend a diagnosis of Hume’s recantation that I have already defended—rather unsuccessfully—in more than one publication. My excuse for trying again is that I shall now offer a more carefully qualified defense. My diagnosis was, and still is, that in the Appendix to the Treatise Hume came to see that he could not account for the necessary ownership of perceptions —i.e., for the fact that this very perception could not have occurred in a different set.

In this paper, I present an informational approach to the nature of personal identity. In “Plato and the problem of the chariot”, I use Plato’s famous metaphor of the chariot to introduce a specific problem regarding the nature of the self as an informational multiagent system: what keeps the self together as a whole and coherent unity? In “Egology and its two branches” and “Egology as synchronic individualisation”, I outline two branches of the theory of the self: one (...) concerning the individualisation of the self as an entity, the other concerning the identification of such entity. I argue that both presuppose an informational approach, defend the view that the individualisation of the self is logically prior to its identification , and suggest that such individualisation can be provided in informational terms. Hence, in “A reconciling hypothesis: the three membranes model”, I offer an informational individualisation of the self, based on a tripartite model, which can help to solve the problem of the chariot. Once this model of the self is outlined, in “ICTs as technologies of the self” I use it to show how ICTs may be interpreted as technologies of the self. In “The logic of realisation”, I introduce the concept of “realization” (Aristotle’s anagnorisis ) and support the rather Spinozian view according to which, from the perspective of informational structural realism, selves are the final stage in the development of informational structures. The final “Conclusion: from the egology to the ecology of the self” briefly concludes the article with a reference to the purposeful shaping of the self, in a shift from egology to ecology. (shrink)

Our aim in this entry is to articulate the state of the art in the moral psychology of personal identity. We begin by discussing the major philosophical theories of personal identity, including their shortcomings. We then turn to recent psychological work on personal identity and the self, investigations that often illuminate our person-related normative concerns. We conclude by discussing the implications of this psychological work for some contemporary philosophical theories and suggesting fruitful (...) areas for future work on personal identity. (shrink)

The vast advances in biometrics over the past several decades have brought with them a host of pressing concerns. Philosophical scrutiny has already been devoted to many of the relevant ethical and political issues, especially ones arising from matters of privacy, bias, and security in data collection. But philosophers have devoted surprisingly little attention to the relevant metaphysical issues, in particular, ones concerning matters of personal identity. This paper aims to take some initial steps to correct this oversight. (...) After discussing the philosophical problem of personal identity, the ways in which the notion of biometric identity connects with, or fails to connect with, the philosophical notion of personal identity is explored. Though there may be some good reasons to use biometric identity to track personal identity, it is contended that biometric identity is not the same thing as personal identity and thus that biometrics researchers should stop talking as if it were. (shrink)

John Locke’s account of personal identity is usually thought to have been proved false by Thomas Reid’s simple ‘Gallant Officer’ argument. Locke is traditionally interpreted as holding that your having memories of a past person’s thoughts or actions is necessary and sufficient for your being identical to that person. This paper argues that the traditional memory interpretation of Locke’s account is mistaken and defends a memory continuity view according to which a sequence of overlapping memories is necessary (...) and sufficient for personal identity. On this view Locke is not vulnerable to the Gallant Officer argument. (shrink)

ABSTRACT: This essay examines and criticizes a set of Kantian objections to Parfit's attempt in Reasons and Persons to connect his theory of personal identity to practical rationality and moral philosophy. Several of Parfit's critics have tried to sever the link he forges between his metaphysical and practical conclusions by invoking the Kantian thought that even if we accept his metaphysical theory of personal identity, we still have good practical grounds for rejecting that theory when deliberating (...) about what to do. The argument between Parfit and his opponents illuminates broader questions about the relationship between our metaphysical beliefs and ourpractical reasons.RÉSUMÉ: Cet article examine et critique un ensemble d'objections kantiennes à la tentative de Parfit, dans Reasons and Persons, d'ajuster sa théorie de l'identité personnelle à la rationalité pratique et à la philosophie morale. Plusieurs des critiques de Parfit ont essayé de rompre le lien qu'il tisse entre ses conclusions métaphysiques et pratiques en évoquant l'idée kantienne selon -laquelle, même si nous acceptons sa théorie métaphysique de l'identité personnelle, il existe cependant de bonnes raisons pratiques de rejeter cette théorie lorsque nous délibérons à propos de ce que nous devons faire. Le débat entre Parfit et ses adversaires nous éclaire sur un questionnement plus large à propos du rapport entre croyance métaphysique et raison pratique. (shrink)

The problem of personal identity contains various questions and issues, but the main issue is persistence; how can one person remain the same over time? Modern philosophers have proposed various solutions to this problem; however, none are without problems. David Hume rejected the notion of personal identity as fictitious and posited a theory that personal identity is merely a bundle of perceptions which does not remain the same over time. Hume’s approach to personal (...) identity is flawed, and Derek Parfit pushed back against Hume’s complete rejection of personal identity through his argument of psychological continuity; a continuous chain of overlapping cognitive connections between beliefs, preferences, memories, and other characteristics can meet the criterion of identity. However, Parfit falls short in only acknowledging mental features as the essential property of personal identity; physical features such as age, race, sex, etc. have a significant impact on one’s understanding of themselves. Through a combination of Hume’s bundle theory and Parfit’s psychological continuity, an understanding of what personal identity is and how it is able to remain constant over time can be reached. In this paper, I argue that personal identity is a bundle of mental and physical features that persists through time through psychological continuity. (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)

In this paper, I first consider a famous objection that the standard interpretation of the Lockean account of diachronicity (i.e., one’s sense of personal identity over time) via psychological connectedness falls prey to breaks in one’s personal narrative. I argue that recent case studies show that while this critique may hold with regard to some long-term autobiographical self-knowledge (e.g., episodic memory), it carries less warrant with respect to accounts based on trait-relevant, semantic self-knowledge. The second issue I (...) address concerns the question of diachronicity from the vantage point that there are (at least) two aspects of self—the self of psychophysical instantiation (what I term the epistemological self) and the self of first person subjectivity (what I term the ontological self; for discussion, see Klein SB, The self and its brain, Social Cognition, 30, 474–518, 2012). Each is held to be a necessary component of selfhood, and, in interaction, they are appear jointly sufficient for a synchronic sense of self (Klein SB, The self and its brain, Social Cognition, 30, 474–518, 2012). As pertains to diachronicity, by contrast, I contend that while the epistemological self, by itself, is precariously situated to do the work required by a coherent theory of personal identity across time, the ontological self may be better positioned to take up the challenge. (shrink)

The special and unique attitudes that we take towards events in our futures/pasts—e.g., attitudes like the dread of an impeding pain—create a challenge for “Reductionist” accounts that reduce persons to aggregates of interconnected person stages: if the person stage currently dreading tomorrow’s pain is numerically distinct from the person stage that will actually suffer the pain, what reason could the current person stage have for thinking of that future pain as being his? One reason everyday subjects believe they have a (...) substantially extended temporal existence stems from introspection—they introspectively experience their selves as being temporally extended. In this paper, I examine whether a Reductionist about personal identity can co-opt this explanation. Using Galen Strawson’s recent work on self-experience as a resource, I reach both a negative and a positive conclusion about the prospects of such a position. First, the relevant kind of self-experience—i.e., the introspective experience of one’s self as being a substantially temporally extended entity—will not automatically arise within a person stage simply in virtue of that stage being psychologically connected to/continuous with other person stages. Second, the relevant kind of self-experience will arise, however, in virtue of person stages weaving together their respective experiences, actions, etc. via a narrative. This positive conclusion points towards a new Reductionist position that focuses upon a narrative, and not mere psychological continuity, in attempting to justify the special attitudes we take towards events in our futures/pasts. (shrink)

Michel Gondry and Charlie Kaufman’s 2004 Eternal Sunshine of the Spotless Mind, which celebrated its fifteenth anniversary in 2019, is an extended thought experiment on the nature of memory, minds, and persons. The memory erasure thought experiment presented in the film—and its implications for personal identity—raises poignant questions for the ethicist, epistemologist, neuroscientist, metaphysician, and cognitive scientist. In this paper, I explore the rich insights the film has to offer interdisciplinary studies of memory, providing a case study in (...) how narrative can uniquely contribute to memory research, while also maintaining philosophical rigor and fidelity to scientific discoveries about memory. Turning to the philosophical implications of memory erasure, I consider memory erasure in the context of several leading views of personal identity and proposed answers to the persistence question of personal identity, assessing the challenges and complications that the memory erasure thought experiment brought to life by Eternal Sunshine poses to these theories. I argue that the psychological continuity view of personal identity—in its various iterations—does not allow an individual to truly survive the memory erasure procedure. The memory erasure thought experiment presented in Eternal Sunshine—and its metaphysical and epistemological consequences—reveal how we establish the relationship between memories and selfhood, how to define personhood in the presence of both hypothetical and real-world memory loss, and what experiences we value in human life. (shrink)

Derek Parfit’s early work on the metaphysics of persons has had a vast influence on Western philosophical debates about the nature of personal identity and moral theory. Within the study of Buddhism, it also has sparked a continuous comparative discourse, which seeks to explicate Buddhist philosophical principles in light of Parfit’s conceptual framework. Examining important Parfitian-inspired studies of Buddhist philosophy, this article points out various ways in which a Parfitian lens shaped, often implicitly, contemporary understandings of the anātman (...) doctrine and its relation to Buddhist ethics. I discuss in particular three dominant elements appropriated by Parfitian-inspired scholarship: Parfit’s theoretical categories; philosophical problems raised by his reductionist theory of persons; and Parfit’s argumentative style. I argue that the three elements used in this scholarship constitute different facets of one methodological approach to cross-cultural philosophy, which relies on Western terminology and conceptual schemes to establish a conversation with non-Western philosophy. I suggest that while this methodology is fruitful in many ways, philosophy as a cosmopolitan space may benefit significantly from approaching Buddhist philosophy using its own categories and terminology. (shrink)

I intend to discuss Hume’s theory of personal identity in Books I and II of the Treatise of Human Nature. First, I intend to argue that Hume’s distinction between a ‘personal identity with regard to thought and imagination’ and a ‘personal identity with regard to passions and self-interest’ is only methodological, not radical. That is, the philosopher does not sug-gest the existence of two distinct ideas of personal identity in mind. Secondly, I (...) try to show the contribution of the passions of pride and humility to the production of a belief in personal identity. Pride and humility contribute to the liveliness of this belief by producing the person’s interest in his sensations and actions of the past and the future. Thirdly, I want to show how passions and self-interest make it possible to explain the corporeal aspect of the belief in personal identity. I propose to discuss how the body and its qualities can be understood as constituent elements of the notion of personal identity. (shrink)

When talking about personal identity in the context of medical ethics, ethicists tend to borrow haphazardly from different philosophical notions of personal identity, or to abjure these abstract metaphysical concerns as having nothing to do with practical questions in medical ethics. In fact, however, part of the moral authority for respecting a patient’s self-regarding decisions can only be made sense of if we make certain assumptions that are central to a particular, psychological picture of personal (...) identity, namely, that patients will remain psychologically connected to a certain degree with their future selves. I draw this out, show problems with approaches in medical ethics based on alternate theories of personal identity that do not recognise this, and explore some important implications. Namely, I show how this recognition can better explain the circumstances under which we should respect advance directives and why, and how it can better make sense of patient fears that they will not "survive" personality-altering deep brain stimulation procedures, and provide guidance on approaching patient decisions concerning this type of procedure in a manner that captures and addresses such concerns. (shrink)

Legal theorists have proposed several theories to justify statutes of limitations in the criminal law, but none of these normative theories is generally accepted. This chapter investigates the related descriptive question as to whether ordinary people have the intuition that legal punishment becomes less appropriate as time passes from the date of the offense and, if they do, what factors play a role in these intuitions. Five studies demonstrate that there is an intuitive statute of limitations on both (...) legal punishment and moral criticism, and that these intuitions arise, in part, from judgments about changes in psychological connectedness over time. (shrink)

Hume’s theory of personal identity is developed in response to Locke’s account of personal identity. Yet it is striking that Hume does not emphasize Locke’s distinction between persons and human beings. It seems even more striking that Hume’s account of the self in Books 2 and 3 of the Treatise has less scope for distinguishing persons from human beings than his account in Book 1. This is puzzling, because Locke originally introduced the distinction in order to (...) answer questions of moral accountability and Hume’s discussion of the self in Book 2 provides the foundation of his moral theory in Book 3. In response to the puzzle I show that Locke and Hume hold different moral and religious views and these differences are important to explain why their theories of personal identity differ. (shrink)

This paper explores the implications of extended and distributed cognition theory for our notions of personal identity. On an extended and distributed approach to cognition, external information is under certain conditions constitutive of memory. On a narrative approach to personal identity, autobiographical memory is constitutive of our diachronic self. In this paper, I bring these two approaches together and argue that external information can be constitutive of one’s autobiographical memory and thus also of one’s diachronic self. (...) To develop this claim, I draw on recent empirical work in human-computer interaction, looking at lifelogging technologies in both healthcare and everyday contexts. I argue that personal identity can neither be reduced to psychological structures instantiated by the brain nor by biological structures instantiated by the organism, but should be seen as an environmentally-distributed and relational construct. In other words, the complex web of cognitive relations we develop and maintain with other people and technological artifacts partly determines our self. This view has conceptual, methodological, and normative implications: we should broaden our concepts of the self as to include social and artifactual structures, focus on external memory systems in the (empirical) study of personal identity, and not interfere with people’s distributed minds and selves. (shrink)

The project takes as its starting point our conflicting intuitions about personal identity exposed by Bernard Williams' thought experiment involving the switching of bodies in "The Self and the Future." The conflicted intuitions are identified as animalist and psychologist and correspond roughly with the two major approaches to personal identity. The traditional strategy to resolve the conflict---thought experiments---is critically examined and the project concludes that proper thought experiments will reveal the conflict but are unlikely to resolve (...) it. A new reading of the conflict is proposed. The concept of the person is a cluster concept with distinct components: biological human beings, rational agency and psychological continuity, where the latter is construed as the temporal analog of phenomenological unity at a time. The project then suggests that moral theory is best pursued not by a naturalist conception of persons that unites the components of the cluster, but by a novel conception that separates them. This can be accomplished best by eliminating the concept of the person altogether. Objections that the concept of the person is ineliminable are considered and rejected, as are objections that the nature of conflict is not reason enough to abandon the concept. Personhood's centrality for value theory is questioned and the eliminativist strategy is defended on the grounds that responsibility, self-concern and moral rights are best analyzed with the component concepts instead of the cluster concept. Eliminativism is therefore preferable to competing accounts of personal identity because the former is better suited for moral theory. Among the advantages are the ability to: attribute responsibility to group agents without calling them persons, make sense of our conflicting demonstrations of self-concern without taking them as evidence for conflicting theories of personal identity, and attribute moral rights to entities who fail to meet traditional criteria for personhood but who are nonetheless entitled to moral respect. (shrink)

Locke’s account of personal identity has been highly influential because of its emphasis on a psychological criterion. The same consciousness is required for being the same person. It is not so clear, however, exactly what Locke meant by ‘consciousness’ or by ‘having the same consciousness’. Interpretations vary: consciousness is seen as identical to memory, as identical to a first personal appropriation of mental states, and as identical to a first personal distinctive experience of the qualitative features (...) of one’s own thinking. There is wide agreement, however, that Locke’s theory of personal identity is meant to complement his moral and theological commitments to a system of divine punishment and reward in an afterlife. But these commitments seem to require also a metaphysical criterion, and Locke is insistent that it cannot be substance. The difficulty reconciling the psychological and metaphysical requirements of the theory has led, at worst, to charges of incoherence and, at best, to a slew of interpretations, none of which is widely accepted. (shrink)

Hobbes is known for bridging natural and political philosophy, but less attention has been given to how this distinguishes the Hobbesian conception of the self from individualist strands of liberalism. First, Hobbes’s determinism suggests a conception of the self in which externalities determine the will and what the self is at every moment. Second, there is no stable conception of the self because externalities keep it in a constant state of flux. The metaphysical underpinnings of his project downplay the notion (...) of a purely individualistic conception of the self, pointing to a positivist theory of criminology relying upon external forces. This theory is especially prescient with respect to twentieth-century variants of positivism that focus upon how social organization affects personality. In a sense, then, modern criminological theory is indebted to Hobbes’s focus upon the connections between externalities and the self; a focus that illuminates new ways of viewing responsibility and accountability. (shrink)

Deep Brain Stimulation (DBS) is an invasive therapeutic method involving the implantation of electrodes and the electrical stimulation of specific areas of the brain to modulate their activity. DBS brings therapeutic benefits, but can also have adverse side effects. Recently, neuroethicists have recognized that DBS poses a threat to the very fabric of human existence, namely, to the selves of patients. This article provides a review of the neuroethical literature examining this issue, and identifies the crucial dimensions related to the (...) self which DBS may endanger—personal identity, authenticity, and autonomy. The most influential theories accounting for these dimensions are analyzed herein, and it is argued that most of these theories require further refinement. This paper also demonstrates the interrelation between personal identity, authenticity, and autonomy, and concludes that one can only fully understand the impact of DBS on the self when all of these factors are taken into account. (shrink)

In this paper, I offer a conceptual framework for understanding and evaluating personal identity claims. I analyze ontological and political properties of personal identity separately, arguing that their conceptual (if not practical) separation is necessary for a proper evaluation of different identity claims. I use probability theory to bypass some of the logical difficulties in conceptualizing personal identity and discuss a case of transitional identification. Finally, I outline the guidelines for a justified liberal (...) policy of recognition. (shrink)

Many philosophers have become sceptical of the use of thought experiments in theorising about personal identity. In large part this is due to work in experimental philosophy that appears to confirm long held philosophical suspicions that thought experiments elicit inconsistent judgements about personal identity, and hence judgements that are thought to be the product of cognitive biases. If so, these judgements appear to be useless at informing our theories of personal identity. Using the (...) methods of experimental philosophy, we investigate whether people exhibit inconsistent judgements and, if they do, whether these judgements are likely to be the source of cognitive bias or, instead, sensitivity to some relevant factor. We do not find that people’s judgements are sensitive to any of the factors we investigate (relevant or irrelevant), nor that people have inconsistent judgements across cases. Rather, people’s judgements are best explained by them having a very minimal account of what it takes for a person to survive. Since this pattern of judgements is no reason to think that we are subject to cognitive bias, we see no reason, as things stand, to be sceptical of our judgements. (shrink)

There are well-known quasi-formal arguments that identity is a "strict" relation in at least the following three senses: (1) There is a single identity relation and a single distinctness relation; (2) There are no contingent cases of identity or distinctness; and (3) There are no vague or indeterminate cases of identity or distinctness. However, the situation is less clear cut than it at first may appear. There is a natural formal theory of identity that is (...) very close to the standard classical theory but which does not validate the formal analogues of (1)-(3). The core idea is simple: We weaken the Principle of the Indiscernibility of Identicals from a conditional to an entailment and we adopt a weakly classical logic. This paper investigates this weakly classical theory of identity (and related theories) and discusses its philosophical ramifications. It argues that we can accept a reasonable theory of identity without committing ourselves to the uniqueness, necessity, or determinacy of identity. (shrink)

This paper presents a new anti-criterialist view, Brutal Personal Identity (BPI). According to BPI, personal identity is a quasi-fundamental fact, which is metaphysically grounded in brute facts about absolutely fundamental personhood. By reversing the order of metaphysical explanation, BPI is not a form of identity mysticism as Dean Zimmerman asserts. Instead, BPI has even the potential to lay a solid foundation for developing an appropriate account of mentality and first-person perspectives. Furthermore, a comparison between BPI (...) and soul theory is provided to show why BPI is better than its main anti-criterialist rival. This provides us a compelling reason for considering BPI in the debate over personal identity. (shrink)

How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any (...) number of transformations—rebranding, spinning-off a division, merging, changing ownership, changing management, swapping lines of business, etc. These changes are common among all corporations, including those trying to conceal or limit liability for past crimes. This article takes a first step toward developing a workable and philosophically satisfying theory of corporate personal identity and discusses its prospects for fulfilling the retributive, rehabilitative, and deterrent purposes of criminal law. (shrink)

In this paper, I present a two-pronged argument devoted to defending the type-identity theory of mind against the argument presented by Kripke in _Naming and Necessity_. In the first part, the interpersonal case, I show that since it is not possible to establish the metaphysical conditions for phenomenal identity, it is not possible to argue that there can be physical differences between two subjects despite their phenomenal identity. In the second part, the intrapersonal case, I consider the (...) possibility of imagining one and the same individual having the same phenomenal state while counterfactually being in very different physical states. I argue that this case should respect Kripke’s implicit theory of personal identity—but this proves to be a very difficult task to accomplish, thus preventing the argument from getting off the ground. Therefore, I maintain, that the type-identity theory is still the better option to solve the mind–body problem. (shrink)

In this article I aim to make progress towards the philosophical goal of ascertaining what, if anything, all mental illnesses have in common, attempting to unify a large sub-set of them that have a relational or interpersonal dimension. One major claim is that, if we want a promising theory of mental illness, we must go beyond the dominant western accounts of mental illness/health, which focus on traits intrinsic to a person such as pain/pleasure, lethargy/liveliness, fragmentation/integration, and falsehood/authenticity. A second major (...) claim is that the relational facets of mental illness are plausibly understood theoretically in terms of a person’s inability to identify with others or to exhibit solidarity with them, relational values that are salient in the African philosophical tradition. I show that these two extrinsic properties well explain several intuitive instances of mental illness, including, amongst several others, being abusive, psychopathic, narcissistic, histrionic, paranoid, and phobic. (shrink)

The aims of this paper are to: (1) identify the best framework for comprehending multidimensional impact of deep brain stimulation on the self; (2) identify weaknesses of this framework; (3) propose refinements to it; (4) in pursuing (3), show why and how this framework should be extended with additional moral aspects and demonstrate their interrelations; (5) define how moral aspects relate to the framework; (6) show the potential consequences of including moral aspects on evaluating DBS’s impact on patients’ selves. Regarding (...) (1), I argue that the pattern theory of self can be regarded as such a framework. In realizing (2) and (3), I indicate that most relevant issues concerning PTS that require resolutions are ontological issues, including the persistence question, the “specificity problem”, and finding lacking relevant aspects of the self. In realizing (4), I identify aspects of the self not included in PTS which are desperately needed to investigate the full range of potentially relevant DBS-induced changes—authenticity, autonomy, and responsibility, and conclude that how we define authenticity will have implications for our concept of autonomy, which in turn will determine how we think about responsibility. Concerning (5), I discuss a complex relation between moral aspects and PTS—on one hand, they serve as the lens through which a particular self-pattern can be evaluated; on the other, they are, themselves, products of dynamical interactions of various self-aspects. Finally, I discuss (6), demonstrating novel way of understanding the effects of DBS on patients’ selves. (shrink)

According to Locke, appropriation is a precondition for moral responsibility and thus we can expect that it plays a distinctive role in his theory. Yet it is rare to find an interpretation of Locke’s account of appropriation that does not associate it with serious problems. To make room for a more satisfying understanding of Locke’s account of appropriation we have to analyse why it was so widely misunderstood. The aim of this paper is fourfold: First, I will show that Mackie’s (...) and Winkler’s interpretations that have shaped the subsequent discussion contain serious flaws. Second, I will argue that the so-called appropriation interpretation —that is the view that appropriation is meant to provide alternative persistence conditions for persons—lacks support. Third, I will re-examine Locke’s texts and argue that we can come to a better understanding of his notion of appropriation in the Essay if we interpret it in analogy to his account of appropriation in Two Treatises. Fourth, I will offer a more fine-grained interpretation of the role of appropriation in relation to persistence conditions for persons. I conclude by showing that the advantage of this proposal is that it reconciles interpretations that have commonly been thought to be inconsistent. (shrink)

Abstract. Could a person or mind be uploaded—transmitted to a computer or network—and thereby survive bodily death? I argue ‘mind uploading’ is possible only if a mind is an abstract object rather than a concrete particular. Two implications are notable. One, if someone can be uploaded someone can be multiply-instantiated, such that there could be as many instances of a person as copies of a book. Second, mind uploading’s possibility is incompatible with the leading theories of personal (...) class='Hi'>identity, insofar as these assume the mind is a concrete particular. Moreover, because David Chalmers (2010; 2012; 2014) defends mind uploading without construing minds as abstract, I show Chalmers’ argument to be unsound. (shrink)

This paper introduces three new criteria that a theory of personal identity ought to satisfy: (1) material holism, (2) narrative unity, and (3) narrative integrity. Material holism guards against the undesirable consequence of positing the person as part and existentially distinct from the organismal whole, of which it is dependent and interconnected. Narrative unity ensures that continuity between the beginning, middle, and end of a human life is sufficiently accounted for. Narrative integrity secures fidelity and congruence between each (...) part and the whole, the whole to each part. Jeff McMahan’s Embodied Mind Account (EM) fails to satisfy each of these. On McMahan’s account, human persons and human organisms are distinct entities, human persons come into existence after its human organism, and human persons may go out of existence before their human organism. Moreover, fetuses, infants, the congenitally severely cognitively impaired, those with severe dementia, and the comatose are non-persons. A theory of personal identity that incorporates holism and narrative can provide a better explanation of human existence, life and death, and the identity paradox of dicephalic twins. If accepted, EM must either be rejected or ameliorated, and the new criteria ought to be incorporated in contemporary research of personal identity. (shrink)

David Hume’s thought has interrupted entire disciplines from dogmatic slumbers. Yet Hume’s influence is even more expansive and continuous than we might have thought. There are two significant areas of inquiry where Hume’s influence has not been adequately appreciated or articulated: analytic phenomenology and analytic process philosophy. My dissertation explores these traditions’ indebtedness to Hume by engaging with the work of Edmund Husserl and Alfred North Whitehead, who introduce consequential changes into their systems in direct response to what they see (...) as Humean problems with their initial models. Three major themes are of special interest. First, vis-à-vis “Unity of Mind,” each philosopher asks what accounts for the apparent unity of mind and experience, including what principles connect distinct experiences. Second, vis-à-vis “Temporal Awareness,” each philosopher inquires into what grounds temporality and the experience of temporal passage, including what principles connect distinct moments. Third, vis-à-vis “Personal Identity,” each philosopher investigates what constitutes the experience of continuity and unity over time, including personal continuity and unity qua “personal identity.” A fourth concordance is methodological. In pursuing the aforementioned themes, each philosopher accords epistemic primacy to lived experience and what discloses itself therein. An overarching Humean problem for all, correlatively, is how continuity and unity arise from distinct items: perceptions, intentional experiences, and actual occasions, respectively. My dissertation attempts to explicate this and related systematic issues from a historical perspective informed by contemporary analytic metaphysics, philosophy of mind, and recent scholarship in Hume, Husserl, and Whitehead studies. Chapter One argues that Hume’s infamous “Appendix problem” concerns reconciling the incontrovertible unity of mind with his unrenounceable epistemological principle that the mind never perceives real connections between distinct perceptions. Chapter Two traces Hume’s proto-phenomenological influence on Husserl’s theories (not theory) of temporal awareness. Chapter Three examines Hume’s proto-processual influence on Whitehead's theories (not theory) of personal identity. Unfortunately, neither Husserl nor Whitehead read each other’s work. Nevertheless, both take Hume to be the one who knocks at, yet ultimately fails to walk through the doors that his explorations unveil. By so doing, they beg that we do the same with them. (shrink)

I want to examine the implications of a metaphysical thesis which is presupposed in various objections to Rawls' theory of justice.Although their criticisms differ in many respects, they concur in employing what I shall refer to as the continuity thesis. This consists of the following claims conjointly: (1) The parties in the original position (henceforth the OP) are, and know themselves to be, fully mature persons who will be among the members of the well-ordered society (henceforth the WOS) which is (...) generated by their choice of principles of justice. (2) The OP is a conscious event among others, integrated (compatibly with the constraints on knowledge and motivation imposed on the parties) into the regular continuity of experience that comprises each of their ongoing constitutes lives. (3) The parties in the OP thus are, and regard themselves as, psychologically continuing persons, partially determined in personality and interests by prior experiences, capable of recollection and regret concerning the past, anticipation and apprehensiveness regarding the future, and so on. Although the continuity thesis as stated above is not at odds with any of the conditions that define the OP, its exegetical validity is a matter for discussion. I shall be concerned to argue that if it is indeed contained in or a consequence of Rawls' theory, then it casts into doubt the capacity of the OP to generate or justify any principles of justice at all. On the other hand, if the continuity thesis is viewed as dispensable and unnecessary to the Rawlsian enterprise, then Rawls is correct in maintaining the irrelevance of the question of personal identity to the construction of his moral theory. In this case, the contract-theoretic, instrumentalist justification for the two principles of justice (henceforth the 2PJ) needs to be supplanted by a modified conception of wide reflective equilibrium. The considerations that form the bulk of this discussion then may be understood as providing a rationale for Rawls' recent revisions in the model of justification on which his theory of justice rests, and for his increasing emphasis on us as moral mediators between the OP and the WOS. Now I want to consider the question of whether or not, given the textual evidence, anything like the continuity thesis is stated or implied by Rawls, and what problems for his theory, if any, turn on a positive or negative answer to this question. -/- . (shrink)

Personal indexicals are often taken to refer to the agent of an expression’s context, but deviant uses (e.g. ‘I’m parked out back’) complicate matters. I argue that personal indexicals refer to the extended self of the agent, where the extended self is a mereological chimera incorporating whatever determines our behavioral capacities. To ascertain the persistence conditions of personal identity, I propose a method for selecting a level of description and a set of functional properties at that (...) level that remain constant over a lifetime. I argue for functional constancy, and against continuity, as the central determinant of diachronic identity. (shrink)

In this article I investigate the extent to which Bhikhu Parekh believes that a person's cultural/religious background must be preserved and whether, by implication, religious schooling is justified by his theory. My discussion will explore—by inference and implication—whether Parekh's carefully crafted multiculturalism, enriched and illuminated by numerous practical insights, is socially tenable. I will also consider whether, by extension, it is justifiable, on his line of reasoning, to cultivate cultural and religious understandings among one's own children. Finally, I will contend (...) that Parekh, notwithstanding his cautious, even‐handed approach, commits several important errors, including conflating the culture of the parents with that of the children and insisting that cultural and religious persons ought to be allowed to defend their views in the public square on religious grounds. (shrink)

This paper shows that several live philosophical and scientific hypotheses – including the holographic principle and multiverse theory in quantum physics, and eternalism and mind-body dualism in philosophy – jointly imply an audacious new theory of free will. This new theory, "Libertarian Compatibilism", holds that the physical world is an eternally existing array of two-dimensional information – a vast number of possible pasts, presents, and futures – and the mind a nonphysical entity or set of properties that "read" that physical (...) information off to subjective conscious awareness (in much the same way that a song written on an ordinary compact-disc is only played when read by an outside medium, i.e. a CD-player). According to this theory, every possible physical “timeline” in the multiverse may be fully physically deterministic or physically-causally closed but each person’s consciousness still entirely free to choose, ex nihilo, outside of the physical order, which physically-closed timeline is experienced by conscious observers. Although Libertarian Compatibilism is admittedly fantastic, I show that it not only follows from several live scientific and philosophical hypotheses, I also show that it (A) is a far more explanatorily powerful model of quantum mechanics than more traditional interpretations (e.g. the Copenhagen, Everett, and Bohmian interpretations), (B) makes determinate, testable empirical predictions in quantum theory, and finally, (C) predicts and explains the very existence of a number of philosophical debates and positions in the philosophy of mind, time, personal identity, and free will. First, I show that whereas traditional interpretations of quantum mechanics are all philosophically problematic and roughly as ontologically “extravagant” as Libertarian Compatibilism – in that they all posit “unseen” processes – Libertarian Compatibilism is nearly identical in structure to the only working simulation that human beings have ever constructed capable of reproducing (and so explaining) every general feature of quantum mechanics we perceive: namely, massive-multiplayer-online-roleplaying videogames (or MMORPGs). Although I am not the first to suggest that our world is akin to a computer simulation, I show that existing MMORPGs (online simulations we have already created) actually reproduce every general feature of quantum mechanics within their simulated-world reference-frames. Second, I show that existing MMORPGs also replicate (and so explain) many philosophical problems we face in the philosophy of mind, time, personal identity, and free will – all while conforming to the Libertarian Compatibilist model of reality. -/- I conclude, as such, that as fantastic and metaphysically extravagant as Libertarian Compatibilism may initially seem, it may well be true. It explains a number of features of our reality that no other physical or metaphysical theory does. (shrink)

Olson (1997a) tries to refute the Psychological Approach to personal identity with his Fetus Argument, and Mackie (1999) aims to do the same with the Death Argument. With the help of a suggestion made by Baker (1999), the following discussion shows that these arguments fail. In the process of defending the Psychological Approach, it is made clear exactly what one is and is not committed to as a proponent of the theory.