The aim of this essay is explore what demands living in liberty places on citizens in Montesquieu’s The Spirit of the Laws. In contrast to the ideas of liberty from many of the thinkers that were to follow him, Montesquieu’s notion of liberty requires that citizens subject themselves to the regulative relationships required by his normative conception of the law. For Montesquieu, living in liberty is not just a situation in which one avoids what the law forbids and is (...) otherwise left ’free’ without interference and coercion. For Montesquieu, liberty is a positively elaborated ideal with normative demands and a set of “necessary relations” that citizens must form. The result is that a life of liberty is defined in a significant way by the laws that bind a citizen because liberty is not the freedom to construct different ways of life, but the freedom to live securely within a particular way of life. I highlight this overlooked feature of The Spirit of the Laws by mobilizing Aron, Althusser and Durkheim’s work on the law in Montesquieu to draw out the implications of Montesquieu’s notion of law for liberty. (shrink)

In this paper I argue that although the Republic’s tripartite theory of the soul is not explicitly endorsed in Plato’s late work the Laws, it continues to inform the Laws from beneath the surface of the text. In particular, I argue that the spirited part of the soul continues to play a major role in moral education and development in the Laws (as it did in earlier texts, where it is characterized as reason’s psychic ‘ally’). I examine the programs of (...) musical and gymnastic education in the Laws and highlight parallels to the accounts of the spirited part of the soul and its role in moral education and virtue that are offered in Republic and Timaeus. I also examine the educational role given to the laws themselves in Magnesia, and I suggest that the education provided through them is largely directed at the spirited part of the soul as well. (shrink)

This contribution addresses issues of interpretation and translation in Derrida’s reading of Shakespeare’s Merchant of Venice in relation to the supposed opposition of the letter and the spirit of the law. Rather than supporting a supersession of the law’s letter in favor of its spirit and advocating a sublation of the law by means of mercy, as a traditional reading suggests, this essay’s reading of Shakespeare’s play suggests that it deconstructs the underlying opposition. By linking the insistence on (...) “the letter of the law” not to a kind of literalism or blind compliance with the law, but instead to an insistence on the textuality of the law, such a reading elucidates the law’s need for interpretation and highlights how the attempt to surpass the letter of the law involves a threat of a fundamental injustice. (shrink)

This article is a theoretical treatment of the ways in which local worldviews on wealth acquisition give rise to contemporary manifestations of spirituality in cyberspace. It unpacks spiritual (occult) economies and wealth generation through a historical perspective. The article ‘devil advocates’ the ‘sainthood’ of claimed law-abiding citizens, by highlighting that the line dividing them and the Nigerian cybercriminals (Yahoo-Boys) is blurred with regards to the use of magical means for material ends. By doing so, the article also illustrates that the (...) intersectionality of the spirit world and the acquisition of wealth (crime or otherwise) is connected with local epistemologies and worldviews, and its contemporaneity has social security benefits. Therefore, the view that the contemporary manifestations of spirituality in cyberspace signify a ‘new-danger’ and an ever-increasing outrage in the Nigerian society is misplaced. I conclude that if people believe all aspects of life are reflective of the spiritual world and determined by it, the spiritual realm, by implication, is the base of society, upon which sits the superstructure comprised of all aspects of life, especially wealth. Inferentially, this conceptual position that the spirit world is the base of society is an inversion of Orthodox Marxist’s theory of economic determinism. (shrink)

The process of decision making is predictable and irrational according to Daniel Ariely and other economic behaviorists, historians, and philosophers such as Daniel Kahneman or Yuval Noah Harari. Decisions made anteriorly can be, but don’t have to be, present in the actions of a person. Stories and shared belief in myths, especially those that arise from a system of human norms and values and are based on a belief in a “supernatural” order (religion) are important. Because of this, mass cooperation (...) amongst strangers is possible. (shrink)

I frame my argument by way of Hayek's tendency to treat Hume and Smith as central articulations of the rule of law. The rest of the paper explores their defense of clientelism. First, I introduce Hume’s ideas on the utility of patronage in his essay, “Of the Independency of Parliament.” I argue that in Hume clientelism just is a feature of parliamentary business. It seems ineliminable. I then contextualize Hume’s account by comparing it to Montesquieu’s account of this system of (...) patronage in Book XIX, chapter 27 of The Spirit of the Laws. Montesquieu primarily treats it as a species of bad corruption. However, he also sees some benefits to it. I then turn to Smith and I show that he echoes Hume’s analysis of corruption in an easily ignored passage in Wealth of Nations. I then show that for Smith one argument in favor of a kind of federal parliamentary union between Great Brittain and her American colonies lies in its ability to facilitate and make more efficient the system of patronage by the Crown. While Smith’s account of these matters is quite Humean, one can discern in Smith a distinct cost-benefit argument for the acceptance of the necessity of a system of patronage in the service of the peaceful expansion and entrenchment of the rule of law in his proposal for parliamentary union. (shrink)

How political communities should be constituted is at the center of Hannah Arendt’s engagement with two ancient sources of law: the Greek nomos and the Roman lex. Recent scholarship suggests that Arendt treats nomos as imperative and exclusive while lex has a relationship-establishing dimension and that for an inclusive form of polity, she favors lex over nomos. This article argues, however, that Arendt’s appreciation occurs within a general context of more reservations about Rome than Roman-centric interpretations admit. Her writings show (...) that lex could not accommodate the agonistic spirit and Homeric impartiality that helped the Greeks achieve human greatness and surpassing excellence. Arendt also points out that Roman peace alliances occurred at the expense of disclosive competition among equals and assumed some form of domination. Indeed, although Arendt appreciates lex’s relationship-establishing aspect, she is undoubtedly critical of anti-political practices accompanying lex, manifested when the Romans required enemies’ submission to terms of peace the Romans themselves set. In the end, Arendt’s statements regarding nomos and lex highlight the fundamental challenge in free politics: balancing the internal demand of agonistic action with the external need to expand lasting ties. (shrink)

The paper discusses Cudworth's plastice natures and More's spirit of nature in the context of different 17th century conceptions of laws of nature.

‘Spirit consonance engendering a sense of life’ (Qi Yun Sheng Dong) as the first law of Chinese painting, originally proposed by Xie He (active 500–535?) in his six laws of painting, has been commonly echoed by numerous later Chinese artists up to this day. Tracing back the meaning of each character of ‘Qi Yun Sheng Dong’ from Pre-Qin up to the Six Dynasties, along with a comparative analysis on the renderings of ‘Qi Yun Sheng Dong’ by experts in Western (...) academia, I establish ‘spirit consonance’ as the rendering of ‘Qi Yun’. By examining texts on painting by significant critics in Chinese art history, and by referring to specific works by painters from the Six Dynasties up to the Yuan Dynasty, I present the merits and demerits of the different interpretations by Western experts, and explore the essence of ‘Qi Yun’. Once the painter successfully captures ‘spirit consonance’ as the essential character or ‘internal reality’ of the object, and transmits it into the work, ‘Qi Yun’ further implies the expressive quality of the work beyond formal representation. Additionally, the fusion of expressive and representative functions also leaves space for further explaining the aesthetic interaction among artist, object, work, and audience. From the Six Dynasties onwards, Chinese painters have practised the expressive pursuit beyond epresentation on the basis of the unification of ‘Qi Yun’ (spirit consonance) and formal representation, although spirit consonance was valued more highly than formal likeness. (shrink)

In this paper I examine the genesis of Kant’s conception of a realm of ends, arguing that Kant first started to think of morality in terms of striving to be a member of a realm of ends, understood as an ideal community, in the early 1760s, and that he was influenced in this by his encounter with the Swedish mystic Emanuel Swedenborg. In 1766 Kant published Dreams of a Spirit Seer, a commentary on Swedenborg’s magnum opus, Heavenly Secrets. Most (...) commentators take Kant’s attitude towards Swedenborg to have been entirely negative, and argue that, at the most, Kant’s encounter with him had a purely negative impact on Kant’s development, inducing him to reject certain of his early metaphysical positions. I argue, in contrast, that Swedenborg had a positive influence on Kant’s development, particularly on his ethics, for Kant’s conception of a realm of ends is modeled on Swedenborg’s conception of heaven as a community of spirits governed by moral laws. (shrink)

We sought to compare the implicit and explicit views of a group of Muslim graduates on the fairness of Islamic law. In this preliminary investigation, we used the Electroencephalographic N400 Event Related Potential to detect the participant’s implicit beliefs. It was found that the majority of participants, eight out of ten, implicitly held that Islamic Law was unfair despite explicitly stating the opposite. In seeking to understand what separated these eight participants from the remaining two – the two who both (...) implicitly and explicitly held that Islamic Law was fair – only two distinguishing characteristics could be identified. Both participants had undertaken an in-depth study of a branch of Islamic law that places the spirit of the law above that of a literal interpretation. They had also attended the same seminary, exclusive to the other participants. Of the eight participants, it was discovered that, while they implicitly held Islamic law to be unfair, they also held it to be rational – in the same way they found that it was rational to push a person of a ship in order to save the remaining from drowning, yet unfair. We discuss these preliminary findings and consider theories on how an innate sense of fairness, an aspect of nativism, may come into play when it is not congruent with a participant’s own beliefs. Further, we ask, where such an inconsistency occurs, how does the mind attempt to rectify it – if at all? As a possible contribution to the discussion on theories of nativism vs. empiricism we put forward a hypothesis and methodology for investigation that may produce previously unconsidered data on human nature. (shrink)

Abstract:This article provides a novel interpretation of the so-called transition to self-consciousness in The Phenomenology of Spirit, where Hegel argues that the failure of the protagonist consciousness to formulate an understanding of the world in terms of forces and laws necessitates the shift to an investigation of its own self-conscious subjectivity. The author argues that we can make sense of the transition by attending to Hegel's account of the metaphysical structure of forces and laws, on the one hand, and (...) the structure of self-consciousness, on the other. Following this approach, she argues that the transition represents the realization by the protagonist consciousness that the object of phenomenological inquiry must be metaphysically self-determining (or "infinite," in Hegel's terminology). The standpoint of self-consciousness accordingly emerges because the protagonist consciousness takes itself qua subject to exhibit the requisite self-determining structure. In addition to making sense of the transition to self-consciousness, this line of argumentation illuminates Hegel's subsequent focus on the activity of "desire.". (shrink)

In the chapter Spirit of the book "Phenomenology of spirit" in a section called "True spirit, ethical Life", Hegel looks into the happy state of "ethical life" in Greece. The concept of ethical life is a very crucial concept because it formulates Hegel's fundamental political and social ideal, which is to establish synthesis between the community and the individual. In this research, we study the ethical life of people who are unreasonably immersed in the customs and laws (...) of a certain society. In the following, we see that this world is divided and the unity of laws in it is shaken. For this reason, Hegel discusses the literary genres of epic and tragedy in order to show that in them, a person progressively becomes himself and becomes aware of his individual character. Hegel destroys his primitive ethical substance dialectically through essential conflicts, with forced actions and untangling choices of people with will and as a result people are deprived of their social identities. In this dialectical process, the "living unity" of the polis is fragmented and becomes a mass of separate atoms. (shrink)

Thus far most of the scholarship on the axial age has followed Karl Jaspers’ denial that nature could be a significant source and continuing influence in the historical development of human consciousness. Yet more than a half century before Jaspers, the originator of the first nuanced theory of what Jaspers termed the axial age, John Stuart-Glennie, mapped out a contrasting philosophy of history that allowed a central role to nature in historical human development. This essay concerns issues related to my (...) book, From the Axial Age to the Moral Revolution, and begins with a discussion of how I came to uncover the forgotten work of John Stuart-Glennie. Although Jaspers and Stuart-Glennie each drew similar conclusions regarding many of the facts of the moral revolution respectively the Axial Age, there are significant differences in their philosophies of history, concerning, for example the problem, whether history can be regarded deterministically or as an open whole, and whether nature can be a source of profound spiritual significance and even transcendence or whether that realm is limited to historical consciousness. I also briefly discuss two other overlooked contributors, namely D. H. Lawrence, who wrote on the phenomena twenty years before Jaspers, and Lewis Mumford, who is one of the first writers to draw from Jaspers' work. I then respond to four diverse scholarly essays on my book, delineating in the process my own philosophy of history as a progress in precision, paradoxically counteracted by a regressive contraction of mind. (shrink)

This is a technical treatise for the scientific-minded readers trying to expand their intellectual horizon beyond the straitjacket of materialism. It is dedicated to those scientists and philosophers who feel there is something more, but struggle with connecting the dots into a more coherent picture supported by a way of seeing that allows us to overcome the present paradigm and yet maintains a scientific and conceptual rigor, without falling into oversimplifications. Most of the topics discussed are unknown even to neuroscientists, (...) biologists, philosophers, and yet are based on the findings published in their own mainstream peer reviewed literature or on deep insights of the scientific, philosophical and spiritual giants of the past. -/- A scientific, philosophical, and spiritual overview of the relationship between science and spirituality, neuroscience and the mystery of consciousness, mind and the nature of reality, evolution and life. A plaidoyer for a science that goes beyond the curve of reason and embraces a new synthesis of knowledge. The overcoming of the limitations of the intellect into an extended vision of ourselves and Nature. A critique of physicalism, the still-dominant doctrine that believes that all reality can be reduced to matter and the laws of physics alone. A review and reassessment of the old and new philosophical and metaphysical ideas which attempts to bring closer Western and Eastern traditions where science, philosophy, consciousness, Spirit and Nature are united in a grand vision that transcends the limited conventional scientific and philosophical paradigm. A possible answer to the questions of purpose and meaning and the future evolution of humankind beyond a conception that posits a priori a purposeless and meaningless universe. A report of the new scientific discoveries of a basal intelligence in cells and plants, on the question if mind is computational, the issue of free will, the mind-body problem, and the so called ‘hard problem of consciousness’. An essay on ancient as modern philosophical conceptions, from the One of Plotinus, the God of Spinoza until the recent revival of panpsychism or the universal consciousness. A journey into quantum physics from the perspective of philosophical idealism and an invitation to adopt new ways of seeing that might help us to transform our present understanding, expanding it into an integral cosmology, with a special emphasis on the spiritual and evolutionary cosmology of the Indian seer Sri Aurobindo. -/- Not just a philosophical and metaphysical meditation but, rather, an appeal to work towards a change of consciousness, a widening of our perspective towards a new way of seeing beyond a purely mechanistic worldview to avoid a social, environmental and economic collapse. Humans are transitional beings that will have to make a choice: relapse into a pre-rational state or evolve towards a new trans-rational species supported by an ideal of human unity in diversity as the expression of a spiritual evolutionary process, the call of the Spirit on Nature. (shrink)

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

In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such sees the question (...) of freedom in a binary way. The article argues that Adorno’s philosophy of freedom provides the resources to diagnose and overcome Arendt’s shortcomings. Adorno’s position provides a way of embracing the antinomical character of judgment, by emphasising the need for elements of reason and nature in the phenomenon of freedom. In Adorno’s lights, judgment becomes an attempt to express a ‘spirit of solidarity’ with the tragic status of the potentially free but actually unfree subject of modernity. (shrink)

The article is devoted to the issue of history comprehension of the ancient societies in the context of their religious identity. Religion is one of the fundamental elements of civilization idea (“ontological project”); it constructs “universe” that is distinguished by the “laws of nature”, specific only for it. To make “communication” with ancient people maximally authentic, the researcher should not only recognize their right to look at the “world” in its own way, but also accept its “laws”, that means – (...) religion as well. Since the latter is almost impossible, the scientist is deprived of the possibility to comprehend another cultural and historical reality as vivid establishment of human spirit; he/she will see only scheme or fable in it. The proposed in this paper method of “epistemological polytheism”, based on thought experiment, gives the possibility to bypass difficulties of perception and to approximate the understanding of meanings that define the ancient people worldview. (shrink)

That i) there is a somehow determined chronology of Plato’s dialogues among all the chronologies of the last century and ii) this theory is subject to many objections, are points this article intends to discuss. Almost all the main suggested chronologies of the last century agree that Parmenides and Theaetetus should be located after dialogues like Meno, Phaedo and Republic and before Sophist, Politicus, Timaeus, Laws and Philebus. The eight objections we brought against this arrangement claim that to place the (...) dialogues like Meno, Phaedo and Republic both immediately after the early ones and before Parmenides and Theaetetus is epistemologically and ontologically problematic. -/- Key Words: Plato; chronology; knowledge; being; Parmenides -/- Introduction While the ancient philosophers, doxographers and commentators from Aristotle onward considered, more or less, the question of the date and arrangement of the dialogues (cf. Irwin 2008, 77 n. 69), they would not observe a firm necessity to consider the progress of Plato’s theories in dialogues, maybe because they did not think of any essential shift in there. We might be able to say, nevertheless, that the most prominent feature of the ancient attitude to Plato was its peculiar attention to the Republic and the Timaeus as the most mature works in his philosophy and also the consideration of Laws as a later work. This tendency can be discovered from the general viewpoint of the first chronologies of the early 19th century after starting to deal with the issue. That Schleiermacher observed Republic as the culmination of Plato’s philosophy and as one of the latest dialogues besides Laws and Timaeus could reflex the implicit chronology of the tradition in the first mirrors it found. Another tendency in Schleiermacher is taking the triology of Theaetetus, Sophist and Politicus as relatively early. From the last quarter of 19th century onward, stylometry helped scholars to establish a new framework to constructa new arrangement between the dialogues. Based on stylistic as well as literary findings, Campbell (1867, xxxff.) argued for the closeness of the style of Sophist and Politicus with Timaeus, Critias, Philebus and Lawsthat, especially because of the certain evidence about this last dialogue’s lateness, led to the consideration of all as late dialogues. Almost every other stylistic effort after Campbell approved the similarities between Sophist and Politicus with Timaeus, Critias, Philebus and Laws. The result of all such investigations led to a new chronology that, despite some differences, has a fixed structure in all its appearances. 1. The Standard Chronology of the Dialogues The chronologies that are now commonly accepted are mostly based on the arrangement of dialogues to three groups corresponding to three periods of Plato’s life, which became predominant after applying stylistic features in assessing the similarities between dialogues. The fact that all the stylometric considerations reached to the similar results about the date of dialogues while they were assessing different stylistic aspects helped the new chronology become prevailing not only among stylistic chronologies but also between those like Fine, Kahn and Vlastos who were inclined more to the content-based arrangements. Even this latter group could not neglect the apparently certain results of using the method of stylometry. This was the main reason, I think, that made what they called content-based chronology be under the domination of stylometry much more than they could expect. The division of the dialogues into three separate groups became something that most of the scholars took for granted so far as Kahn thinks this division 'can be regarded as a fixed point of departure in any speculation about the chronology of the dialogues' (1996, 44). Thereafter, all the chronologists are accustomed to divide the dialogues to three groups of early, middle and late corresponding to the three stages of Plato’s life. Nevertheless, some of them tried to make subdivisions among each group and introduce some of the dialogues as transitional between different periods and thus reached to a fourfold classification of the dialogues. Although theycould never achieve to a consensus about the place of some dialogues, about which we will discuss soon, the whole spirit of theirchronological arrangements is the same and thus compelling enough for us to unify all of them with the label of 'Standard Chronology of Dialogues' (SCD). We brought together some of the most famous chronologies in the table below to make a comparison easier and to show how all are approximately of the same opinion about the place of some dialogues. The following points must be noted about this table: 1. I divided the dialogues to eight groups of early, late early, transitional, early middle, late middle, post-middle, early late, and late. Although none of the chronologists applies this classification, it can be helpful to compare them. In this table, for example, if one of the chronologist’s beholds one of the dialogues as later than all the dialogues of middle group, it is considered here as late middle. Otherwise, if it is emphasized that it is after all of them, it is considered as post-middle. The same is true about the dialogues of the late group in which I regarded the first dialogues of that period as early late only in those who explicitly considered some dialogues as earlier than other ones in the late group. Though, therefore, some of the dialogues might have not been considered as forming a distinct class, they are distinguished here. A. SCD’s Early and Transitional Dialogues When we move from stylometric to content-based chronologies, the homogeneity between the dialogues of each group is more understandable. Guthrie (1975, v. 4, 50) distinguishes three groups, the first of them includes Apology, Crito, Laches, Lysis, Charmides, Euthyphro, Hippias Minor, Hippias Major, Protagoras, Gorgiasand Ion. In addition to Meno, Phaedo and Euthydems, his first group does not include Cratylus and Menexenus. Unlike Guthrie, almost all the other content-based chronologiesof our study desire to distinguish two categories inside the first group of which the latter must be considered as the transitional group leading to the dialogues of the middle period. Kahn distinguishes four groups of dialogues and arranges two of them before middle period dialogues. The first group including Apology, Crito, Ion, Hippias Minor, Gorgiasand Menexenus he calls 'early' or 'presystematic' dialogues (1998, 124). The second group he calls the 'threshold', 'pre-middle' or 'Socratic' dialogues including seven: Laches, Charmides, Lysis, Euthyphro, Protagoras, Euthydemus and Meno. Based on Vlastos’ arrangement we must distinguish Euthydemus, Hippias Major, Lysis, Menexenus and Meno as 'transitional' dialogues from the 'elenctic' dialogues that are the other dialogues of Kahn’smentioned first two groups plus the first book of theRepublic. Fine also distinguishes 'transitional' dialogues from early or 'Socratic' dialogues,but her transitional dialogues are Gorgias, Meno, Hippias Major, Euthydemus and Cratylus of which she thinks the last two dialogues are 'controversial' (2003, 1). Her Socratic dialogues are all the remaining dialogues of Kahn’s first two groups. In spite of all the differences between the mentioned chronologies, it can be seen that all of them are inclined to arrange the early dialogues in a way that: i) Besides the dialogues that are considered as late, it never includes Republic II-X, Theaetetus, Phaedrus and Parmenides. ii) It intends to consider the dialogues like Euthydemus and Hippias Majorthat look more critical as later among the earlier dialogues or as transitional group. iii) Those who do not consider Meno as a middle period dialogue place it in their second or transitional group. iv) None of the content-based chronologies considers Phaedo and Symposium as early. Stylometric chronologies also intend to put them either as last dialogues among their early ones or as middle. B. SCD’s Middle Period Dialogues Campbell listed Republic, Phaedrus, Parmenides and Theaetetus as his second group of dialogues, an idea thatwas accepted by Brandwood. Ledger’smiddle period dialogueshad Euthydemus, Symposium and Cratylus in addition to the dialogues that Campbell and Brandwood had mentioned as middle. Among content-based chronologies, Guthrie’s list of middle period dialogues did not include Parmenides but some dialogues which had been considered as early in stylometric ones: Meno, Phaedo, Republic, Symposium, Phaedrus, Euthydemus, Menexenus and Cratylus. In sofar as I know, Euthydemus and Menexenus have not been considered as middle by other content-based chronologists and Guthrie is an exception among them. That Phaedo, Phaedrus, Symposium and Republic were middle period dialogues almost all the philosophical chronologists like Kahn, Fine, Vlastos (except Rep.I), Irwin andKraut came along. The dialogues they do not string along about are Meno, Cratylus, Parmenides and Theaetetus. Those like Guthrie, Kraut and Irwin who did not consider Meno as early presumably posit it among middles. The same can be said about Cratylus in the suggested chronologies of Guthrie, Kahn, Vlastos and Kraut. Nonetheless, it is different in case of Parmenides and Theaetetus. Whereas all the mentioned stylometric chronologists like Campbell, Brandwood and Ledger set them among middle period dialogues,the philosophical chronologists, it might seem at first, did not arrive at a consensus about them. While Guthrie and Fine put them as the first dialogues of the late group, Vlastos and Kraut set them as the latest of the middle group, as well as Kahn who puts them as post-middle and amongst the late period dialogues. Regardless the way they classify their groups, their disagreement does not affect the arrangement of the dialogues: they all posit Parmenides and Theaetetus after the series of Meno, Phaedo, Phaedrus, Symposium and Republic and before Sophist, Politicus, Timaeus, Philebus and Laws. To sum up SCD’s arrangement of the middle period dialogues we can add: v) Republic and Phaedrus have been considered by all the mentioned chronologists as dialogues of the middle period. vi) All the philosophical chronologies have reached a consensus about setting Phaedo and Symposium alongside with Republic and Phaedrus as middle. vii) While Stylometric alongside some philosophic chronologists arrange Parmenides and Theaetetus among their middle period dialogues and mostly as the latest among them, other philosophical chronologists put them as the early among the late dialogues. We can conclude then that SCD intends to locate these two dialogues at the boundary between the middle and late period dialogues. -/- . (shrink)

It presents the basics of the “Relativistic theory of gravitation”, with the inclusion of original texts, from various papers, published between 1987 and 2009, by theirs authors: S. S Gershtein, A. A. Logunov, Yu. M. Loskutov and M. A. Mestvirishvili, additionally, together with the introductions, summaries and conclusions of the author of this paper. The “Relativistic theory of gravitation” is a gauge theory, compatible with the theories of quantum physics of the electromagnetic, weak and strong forces, which defines gravity as (...) the fourth force existing in nature, as a static field equipped with the transmitter particles of the virtual gravitons of spins 2 and 0, within the spirit of Galilei's principle of relativity, in his generalization of Poincaré's Special Relativity that allowed the authors to universalize that the physical laws of nature are complied with regardless of the frames of reference where they apply, integrated into the Grossmann-Einstein Entwurf theory, in its further development, by those authors, therefore, this theory preserves the conservation laws of energy-impulse and angular impulse of the gravitational field jointly to the other material fields existing in nature, in the Riemann's effective spacetime, through its identity with Minkowski's pseudo Euclidean spacetime. (shrink)

The Cartesian concept of nature, which has determined modern thinking until the present time, has become obsolete. It shall be shown that Hegel's objective-idealistic conception of nature discloses, in comparison to that of Descartes, new perspectives for the comprehension of nature and that this, in turn, results in possibilities of actualizing Hegel's philosophy of nature. If the argumentation concerning philosophy of nature is intended to catch up with the concrete Being-of-nature and to meet it in its concretion, then this is (...) impossible for the finite spirit in a strictly a priori sense – this is the thesis supported here which is not at all close to Hegel. As the argumentation rather has to consider the conditions of realization concerning the Being-of-nature, too, it is compelled to take up empirical elements – concerning the organism, for instance, system-theoretical aspects, physical and chemical features of the nervous system, etc. With that, on the one hand, empirical-scientific premises are assumed (e.g. the lawlikeness of nature), which on the other hand become (now close to Hegel) possibly able to be founded in the frame of a Hegelian-idealistic conception. In this sense, a double strategy of empirical-scientific concretization and objective-idealistic foundation is followed up, which represents the methodical basic principle of the developed considerations. In the course of the undertaking, the main aspects of the whole Hegelian design concerning the philosophy of nature are considered – space and time, mass and motion, force and law of nature, the organism, the pro-blem of evolution, psychic being – as well as Hegel's basic thesis concerning the philosophy of nature, that therein a tendency toward coherence and idealization manifests itself in the sense of a (categorically) gradually rising succession of nature: from the separateness of space to the ideality of sensation. In the sense of the double strategy of concretization and foundation it is shown that on the one hand possibilities of philosophical penetration concerning actual empirical-scientific results are opened, and on the other hand – in turn – a re-interpretation of Hegel's theorem on the basis of physical, evolution-theoretical and system-theoretical argumentation also becomes possible. In this mutual crossing-over and elucidation of empirical and Hegelian argumentation not only do perspectives of a new comprehension of nature become visible, but also, at the same time – as an essential consequence of this methodical principle – thoughts on the possibilities of actualizing Hegel's philosophy of nature. (shrink)

Humeanism about laws of nature — the view that the laws reduce to the Humean mosaic — is a popular view, but currently existing versions face powerful objections. The non-supervenience objection, the non-fundamentality objection and the explanatory circularity objection have all been thought to cause problems for the Humean. However, these objections share a guiding thought — they are all based on the idea that there is a certain kind of divergence between the practice of science and the metaphysical picture (...) suggested by Humeanism. -/- I suggest that the Humean can respond to these objections not by rejecting this divergence, but by arguing that is appropriate. In particular the Humean can, in the spirit of Loewer (2012), distinguish between scientific and metaphysical explanation — this is motivated by differing aims of explanation in science and metaphysics. And they can further leverage this into distinctions between scientific and metaphysical fundamentality and scientific and metaphysical possibility. We can use these distinctions to respond to the objections that the Humean faces. (shrink)

This paper interprets Dilthey’s treatment of history and historical science through his engagement with Kantian and post-Kantian philosophy. It focuses on Dilthey’s account of the possibility of objectivity in the Geisteswissenschaften. It finds in Dilthey a view of history as a law-governed, dynamical structure expressing the totality of human life, cast in a reworked Hegelian notion of objective spirit. The aim of historical thought is to understand the unity of this structure to the greatest extent possible, and thereby to (...) understand lived experience itself. Dilthey’s epistemological standpoint recommends beginning with concrete studies in the special human sciences, and working toward a more general representation of the regularities and patterns in the historical record. (shrink)

The papers of this special issue are the outcome of a two-­‐day conference entitled “The Second-­‐Person Standpoint in Law and Morality,” that took place at the University of Vienna in March 2013 and was organized by the ERC Advanced Research Grant “Distortions of Normativity.” -/- The aim of the conference was to explore and discuss Stephen Darwall’s innovative and influential second-­‐personal account of foundational moral concepts such as „obligation“, „responsibility“, and „rights“, as developed in his book The Second-­‐Person Standpoint: Morality, (...) Respect, and Accountability (Harvard University Press 2006) and further elaborated in Morality, Authority and Law: Essays in Second-­‐Personal Ethics I and Honor, History, and Relationships: Essays in Second-­‐Personal Ethics II (both Oxford University Press 2013). -/- With the second-­‐person standpoint Darwall refers to the unique conceptual normative space that practical deliberators and agents occupy when they address claims and demands to one another (and to themselves). The very first sentence of Darwall’s examination of the second-­‐personal conceptual paradigm summarizes the gist of the argument succinctly when he claims that “the second-­‐person standpoint [is] the perspective that you and I take up when we make and acknowledge claims on one another’s conduct and will.” (Darwall 2006, 3) The Second-­‐Person Standpoint reminds us that this perspective has been ignored for much too long and that it better take centre stage in any philosophical analysis of moral phenomena, in order to yield a satisfying account of morality as a social institution. The negative part of Darwall’s strategy is to show that neither a purely first-­‐personal approach (represented by Kant and contemporary Kantians), nor a third-­‐personal state-­‐of-­‐affairs-­‐perspective (represented by most varieties of contemporary consequentialism) are capable of accounting for the categorical bindingness characteristic of moral obligation. The latter feat can only be accomplished, and this is the positive part of Darwall’s argument, when those second-­‐ personal normative “felicity conditions” and conceptual presuppositions are acknowledged and spelled out that are already presupposed in every instance of issuing (putatively valid) claims and demands. It is especially second-­‐personal competence and second-­‐personal authority that are the bedrock of these normative conceptual presuppositions, without which engaging in any meaningful address would be impossible. Kantians and utilitarians alike have neglected this critical dimension of the normative landscape. -/- In addition to working out an original conception of moral obligation, the first eight chapters of The Second-­‐Person Standpoint articulate this fundamental insight with respect to a variety of traditional projects in ethical theory such as developing accounts of moral responsibility, rights, dignity, and autonomy. In this context, special emphasis is to be awarded, on the one hand, to Darwall’s refreshing second-­‐personal interpretation of Strawson’s influential account of reactive attitudes and moral responsibility and, on the other, to his historically well-­‐informed reconstruction of Samuel Pufendorf’s often neglected version of an enlightened theistic voluntarism concerning moral authority. Darwall dedicates the second part of The Second-­‐Person Standpoint to the urgent question: how should one respond to the sceptical challenge that expresses utter indifference to the second-­‐person standpoint, including all its multifarious normative presuppositions and implications? What commits us to all this? It is at this point that Darwall, firstly, refines his criticisms of the Kantian, first-­‐personal, paradigm of normativity and emphasizes that only if one already incorporates the second-­‐personal conceptual apparatus into a Kantian analysis of moral obligation is the latter going to yield a convincing account. Secondly, and this certainly is one of the highlights of Darwall’s theory, the Second-­‐Person Standpoint employs themes from Fichte’s philosophy of right in order to strengthen the case for the inescapability of taking up the second-­‐person standpoint of moral obligation. In his contribution for this special issue Darwall further develops his diagnosis that Fichte’s thought offers in many respects a more promising, since more second-­‐personal, foundation of morality than, for example, Kant’s. -/- By now, the impact of Darwall’s second-­‐person standpoint theory has far transcended the confines of contemporary debates on moral obligation. Darwall has put to use the second-­‐personal apparatus to critical engagements with Joseph Raz’s theory of legal authority and Derek Parfit’s convergence arguments for his recent Triple Theory of moral wrongness. The constant theme that unifies all these diverse applications remains the one so impressively presented in The Second-­‐Person Standpoint: without paying attention to the “interdefinable” and “irreducible” circle of (four) foundational second-­‐ personal concepts (valid demand, practical authority, second-­‐personal reason, and accountability), neither superior epistemic status (Raz) nor the identification of optimific states of affairs (Parfit) are potent enough sources to generate anything close to the authority relationships that underlie the idea involved in obligating ourselves and one another. Given all of the above, it comes as no surprise that Darwall reserves his strongest sympathies for a specific ethical theory, namely contractualism. Our commitment to equal basic second-­‐personal authority, that Darwall arrives at through his Fichtean rectification of the Kantian project, leads him to the endorsement of a contractualist paradigm in the spirit of broadly Rawls and Scanlon. -/- . (shrink)

It presents the basics of the “Relativistic theory of gravitation”, with the inclusion of original texts, from various papers, published between 1987 and 2009, by theirs authors: S. S Gershtein, A. A. Logunov, Yu. M. Loskutov and M. A. Mestvirishvili, additionally, together with the introductions, summaries and conclusions of the author of this paper. The “Relativistic theory of gravitation” is a gauge theory, compatible with the theories of quantum physics of the electromagnetic, weak and strong forces, which defines gravity as (...) the fourth force existing in nature, as a static field equipped with the transmitter particles of the virtual gravitons of spins 2 and 0, within the spirit of Galilei's principle of relativity, in his generalization of Poincaré's Special Relativity that allowed the authors to universalize that the physical laws of nature are complied with regardless of the frames of reference where they apply, integrated into the Grossmann-Einstein Entwurf theory, in its further development, by those authors, therefore, this theory preserves the conservation laws of energy-impulse and angular impulse of the gravitational field jointly to the other material fields existing in nature, in the Riemann's effective spacetime, through its identity with Minkowski's pseudo Euclidean spacetime. (shrink)

I argue that same-sex divorce presents a different kind of potential constraint to the agency of persons pursuing the dissolution of their marriage; a constraint upon one’s counterstory and the reconstitution of one’s personal identity. The dialectic within the paper mirrors the movements that I have had to make as I have sought to constitute and reconstitute myself throughout my divorce process. Beginning from a juridical perspective, I examine how the constraints on same-sex divorce present constraints on one’s agency that (...) are antithetical to the spirit of a liberal democratic conception of freedom of movement. I then explore the role of narrative in my self-(re)constitution, as well as the limits of the narrative and counterstories, when the institutional framework of the State fails to acknowledge the change in my State-sanctioned personal relationship. I end by arguing that this view from the law ignores the ways in which we relationally constitute ourselves, and in so doing covers over the harms done to persons that find themselves in a married-yet-not state of limbo. (shrink)

A common feature of all standard theories of the laws of nature is that they are "absolutist": They take laws to be either all metaphysically necessary or all contingent. Science, however, gives us reason to think that there are laws of both kinds, suggesting that standard theories should make way for "non-absolutist" alternatives: theories which accommodate laws of both modal statuses. In this paper, we set out three explanatory challenges for any candidate non-absolutist theory and discuss the prospects of the (...) two extant candidates in light of these challenges. We then develop our own non-absolutist theory, the essentialist DTA account, which combines the nomic-necessitation or DTA account with an essentialist approach to metaphysical modality in order to meet the three explanatory challenges. Finally, we argue that the distinction between kinematical and dynamical laws found in physical theories supports both non-absolutism in general and our proposed essentialist DTA view in particular. (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

According to the Best System Account of lawhood, laws of nature are theorems of the deductive systems that best balance simplicity and strength. In this paper, I advocate a different account of lawhood which is related, in spirit, to the BSA: according to my account, laws are theorems of deductive systems that best balance simplicity, strength, and also calculational tractability. I discuss two problems that the BSA faces, and I show that my account solves them. I also use my (...) account to illuminate the nomological character of special science laws. (shrink)

There are various supernatural phenomena which hardly can be explained by the existing electromagnetic science, for instance non-locality interactions (may be associated with ESP etc), and also precognitive interdictions. And there are other problems such as how to include the Spirit in our consciousness. For example, it has been known for long time that intuition plays significant role in many professions and human life, including in entrepreneurship, government, and also in detective or law enforcement activities. Despite these examples, such (...) a precognitive interdiction is hardly accepted in established science. In this paper, we discuss non-locality interactions and also advanced solutions of Maxwell equations, and argue in favor of precognitive interdiction from classical perspective. We also discuss shortly on how “spirit” may be included in medicine, although we also make cautious remarks on the danger of “spiritism.” However, we admit that what we discuss here is quite rough, and more researches are needed to verify what we describe here. (shrink)

In previous work (Nanay ed. 2017, Phil Issues 2020), I developed "the problem of the laws of appearance" for representationalism. There are metaphysically necessary constraints appearance and representationalists have difficulty explaining them. Here I develop the problem in a somewhat different way. Then I address the question of whether naive realist might be better placed than representationalists to answer the problem. Perhaps they can derive constraints on appearance from constraints on reality. If so, then the laws of appearance provide a (...) neglected argument for naive realism over representationalism. However, in the end I question whether naive realists really are better placed to answer the problem. (shrink)

The German text of Cohen’s Spinoza on State & Religion, Judaism & Christianity (Spinoza über Staat und Religion, Judentum und Christentum) first appeared in 1915 in the Jahrbuch für jüdische Geschichte und Literatur. Two years before, in the winter of 1913, Cohen taught a class and a seminar on Spinoza’s Theological-Political Treatise at the Hochschule für die Wissenschaft des Judentums. This was Cohen’s first semester at the Hochschule, after retiring from more than thirty years of teaching at the University of (...) Marburg. Cohen’s fame at the time was at its zenith, and his move to the Hochschule was a cause for celebration and excitement. According to the testimony of some students who attended the Tractatus Theologico-Politicus seminar, Cohen left no place for any expression of dissent (regrettably, the academy frequently encourages such authoritarian behavior). The text of Spinoza on State, which was the product of this seminar, still bears the marks of this “didactic” attitude. It is bombastic and feebly argued. Thus, in one moment of emotional crescendo in the text, we can literally hear Cohen shout: When Spinoza, with merciless severity, makes his own nation the object of contempt – at the time that Rembrandt lived on the same street and immortalized the ideal type of the Jew - no voices rises in protest against this humanly incomprehensible betrayal. Such patriotic rhetoric is quite typical of Cohen’s Spinoza on State, as the work reads more like a series of rants against the devil incarnated (“the demonic spirit of Spinoza”) in the figure of the traitor from Amsterdam than like a sustained and serious philosophical polemic. From time to time, one can observe hints of critical arguments, but hardly any are fleshed out. The text is also replete with rudimentary factual and interpretative errors. Thus, when Cohen argues that Spinoza traces his pantheism to Jewish sources, Cohen erroneously cites Spinoza’s reference in E2p7s to “some of the Hebrews [quidam Hebraeorum]” who argued for the identity of Sekhel, Maskil, and Muskal (the Intellect, the Intellecting Subject, and the Intellected Object) – a Maimonidean doctrine that has nothing to do with pantheism – while the text Cohen clearly had in mind was Spinoza’s claim, in Letter 73, that the traditions (traditionibus) of the “ancient Hebrews [antiquis Hebraeis]” agree with Spinoza’s claim that “all things are in God.” Similarly, and on the very same page, Cohen ascribes to Spinoza the claim that “the God of the Old Testament is only a body,” a claim which is nowhere to be found in Spinoza’s works, and which can be inferred from Spinoza’s text only through a patent fallacy. If I may add one last example, consider the following passage from Cohen’s Spinoza on State: [For Spinoza] divine law is grounded in our mind. Yet this does not mean that our mind bears responsibility for producing and obeying the law. Instead, it means that, by definition, the human mind and God are identical, inasmuch as He exists in the human mind. Hardly any claim in this brief passage is correct. Yet, what is most striking is Cohen’s derivation of the identity of God and the human mind from the claim that God exists in the human mind. If I exist in North America, this obviously does not imply that I am identical to North America (there are, for example, a couple of North American porcupines and alligators that are distinct from me). What rule of inference Cohen sought to employ in this argument, and how this impressive inference of the identity of God and the human mind is supposed to square with Cohen’s view of Spinoza as a pantheist – i.e., as considering the physical nature to be divine – is beyond my grasp. Instead of tracking down the dozens of crude errors and fallacies in Cohen’s text, I would like to concentrate here on one crucial issue: Cohen’s critique of Spinoza’s pantheism. By doing this, I will have to pass silently over a couple of surprising agreements between the two figures, such as the (false) claim that all of the prophets of the Hebrew Bible taught the same universal and simple morality. My discussion of pantheism will be divided into two sections. In the first, I will examine Cohen’s understanding of Spinoza’s pantheism. In the second, I will briefly examine the historical validity of Cohen’s claim that pantheism is a Christian doctrine, diametrically opposed to Judaism. (shrink)

In a recent paper, Tuomas Tahko has argued for a hybrid view of the laws of nature, according to which some physical laws are metaphysically necessary, while others are metaphysically contingent. In this paper, we show that his criterion for distinguishing between these two kinds of laws — which crucially relies on the essences of natural kinds — is on its own unsatisfactory. We then propose an alternative way of drawing the metaphysically necessary/contingent distinction for laws of physics based on (...) the central kinematical/dynamical distinction used in physical theorising, and argue that the criterion can be used to amend Tahko’s own account, but also that it can be combined with different metaphysical views about the source of necessity. (shrink)

Did Plato intend the laws of the Laws to change? While most scholars agree that there is to be legal change in Magnesia, I contend that this issue has been clouded by confusing three distinct questions: (1) whether there are legal mechanisms for changing the law in Magnesia, (2) what the attitudes of Magnesian citizens towards innovation and legal change are, and (3) whether Plato thinks the law is always the ultimate political authority. Once we separate these issues and look (...) at the relevant texts more closely, we see that the Athenian Visitor is primarily concerned with supplementing the original lawgiver’s laws and that any innovation that occurs should be consistent with this lawcode. This does not settle the question about whether it is always right to act in accordance with the existing laws, though it does provide a valuable framework for understanding a central aspect of Platonic political philosophy. Thus, although Plato’s ideal places knowledge above the law, in practice the laws of Magnesia will be fixed and authoritative for those people living under them. (shrink)

In this paper, I intend to argue against Alexander Bird‟s thesis (2001) that the law salt dissolves in water is metaphysically necessary. I briefly indicate Bird‟s argument for the necessity of such law, and then I provide a counter-argument to his thesis. In a general way, Bird wants to show that the existence of certain substances depends on the truth of certain laws, and that because of this the existence of such substances implies the existence of such laws. That would (...) make the laws existing at least while the substance it rules exists; what, for Bird, makes such laws metaphysically necessary. My counter-argument to Bird is that such conception apprehends just what we call “weak necessity”, and not the strong necessity we would like a metaphysically necessary law to have. (shrink)

Brian Cutter objected to the consequence argument due to its dependence on the principle that miracle workers are metaphysically impossible. A miracle worker is someone who has the ability to act in a way such that the laws of nature would be violated. While there is something to the thought that agents like us do not have this ability, Cutter claims that there is no compelling reason to regard miracle workers as metaphysically impossible. However, the paper contends that miracle workers (...) are indeed impossible according to well-known theories concerning the laws of nature. This result highlights the reliance of the consequence argument on a plausible premise, which is widely accepted by proponents of non-Humean views of laws. The paper also provides a way to explain away the intuition that miracle workers are possible, but this has the upshot that a recent, two-dimensional formulation of the consequence argument is unsound. (shrink)

This research examines the implications of religious moderation on interfaith marriages in the city of Manado. The method used is qualitative with a case study approach; data collection is through observation, interviews, and documentation, which is then processed using the triangulation method. The findings show that religious moderation indirectly influences the sustainability of interfaith marriages in Manado. The implications are realized in the form of religious moderation, which aims to eliminate or minimize violence in the name of religion and uphold (...) diversity through upholding the values of tolerance, thereby increasing guarantees for the continuity of interfaith marriages. These implications become more complex than the laws governing interfaith marriages, especially the Marriage Law (UU Number 16 of 2019) and the Compilation of Islamic Law (KHI). The implications of religious moderation in interfaith marriages underscore the need for legal transformation that recognizes religious diversity as a social asset, encourages interreligious dialogue, and ensures that legal regulations do not hinder individual religious freedom. Encouraging policy reforms that respect differences in beliefs is crucial in creating inclusive spaces and respecting human rights in interfaith marriages. (shrink)

In this paper I will discuss two aspects of ignorance of the law: ignorance of illegality (including mistaking the law) and ignorance of the penalty; and I will look at the implications for natives, for tourists and for immigrants. I will argue that Carlos Nino's consensual theory of punishment need to rely on two premises in order to justify that (claiming) ignorance of the law is no excuse. The first premise explains why individuals are presumed to 'know' current laws. The (...) second premise explains why individuals are presumed to 'know' new legislation. (shrink)

In this paper I challenge Paolo Palmieri’s reading of the Mach-Vailati debate on Archimedes’s proof of the law of the lever. I argue that the actual import of the debate concerns the possible epistemic (as opposed to merely pragmatic) role of mathematical arguments in empirical physics, and that construed in this light Vailati carries the upper hand. This claim is defended by showing that Archimedes’s proof of the law of the lever is not a way of appealing to a non-empirical (...) source of information, but a way of explicating the mathematical structure that can represent the empirical information at our disposal in the most general way. (shrink)

We can only know what determines us as being and by the fact that it determines us as being. Our knowledge is therefore logically limited to what determines us as being. Since representation is defined as the act that makes knowledge dicible, our representation is logically limited to what dynamically determines us as being. Our representation is included in our becoming. Nothing that we represent, no infinite, can exceed the mere necessity of our becoming. The world, my physical being and (...) my consciousness are subsumed by the necessity of my becoming. We know nothing but “we become” To the question "Is there anything else to know?" we can give no logical answer -/- Summary: Reality is pure logical interdependence, immanent, formless, unspeakable. Logos is a principle of order in this interdependence. Individuation is the necessary asymptote of any instance of the Logos. Each knowing subject is Individuation, a mode of order among infinites of infinites of possible modes of order. Everything that appears to the subject as Existing participates in his Individuation. This convergence into Individuation defines a perspective that gives meaning. The subject is representation. It is in this representation that exist the subject, objects and laws of the world. Without subject there are no objects, no laws, no framework. The representation is not isomorphism but morphogenesis. The physical world and the Spirit have the same logical nature: they are categories of representation. The representation is animated because meaning is an Act. Representation is limited by a horizon of meaning. Below this horizon the subject represents the universe and itself. Beyond this horizon there is no prevailing space, time or form. The predicate expresses, below the horizon of meaning, a necessity whose source is beyond this horizon, unfathomable. The OK is neither materialism nor idealism and frees itself from any psychological preconceptions. The OK does not propose an "other reality" than that described by common sense or science, but another mode of representation. The OK is compatible with the current state of science, while offering new interpretive avenues. The OK differs from ontic structural realism (OSR) in various ways: Just like being, the relationship is representation, The knowing subject is present in any representation, the real is non-founded. (shrink)

The grand opposition between theories of the mind which is presented in this book will be familiar, in its broad outlines, to many readers. On the one side we have the Cartesians, who understand the mind in terms of representation, causation and the inner life; on the other we have the Wittgensteinians, who understand the mind in terms of activity, normativity and its external embedding in its bodily and social environment. In this book—one of a pair, the second of which (...) has yet to be translated—Vincent Descombes puts up a spirited defence of the Wittgensteinian approach. The Cartesian approach, which he calls ‘mental philosophy’, and which is exemplified most typically in the ‘cognitivism’ of Jerry Fodor, is fundamentally mistaken, he argues, since it underestimates, neglects or ignores both the active and external characteristics of the mind.1 Instead we should2 understand the mind in terms of a human being’s participation in a culture or a ‘form of life’, a form of engagement which is structured by norms rather than causal laws. This ‘anthropological holism’ draws not only upon the work of Wittgenstein, but also on Le´vi-Strauss, Lacan and, among other things, on the role of fiction in shaping our selfunderstanding. (shrink)

Some have tried to make miracles compatible with the laws of nature by re-defining them as something other than interventions. By contrast, this article argues that although miracles are divine interventions, they are not violations of the laws of nature. Miracles are also not exceptions to the laws, nor do the laws not apply to them. The laws never have exceptions; they never are violated or suspended, are probably necessary and unchangeable, and apply also to divine interventions. We need to (...) reconsider not miracles but laws. The main claim of this article is that laws of nature do not entail regularities, and therefore that miracles do not violate the laws. We need a new theory of the laws of nature: the tendency theory. (shrink)

A legal system’s ‘official story’ is its shared account of the law’s structure and sources, which members of its legal community publicly advance and defend. In some societies, however, officials pay lip service to this shared account, while privately adhering to their own unofficial story instead. If the officials enforce some novel legal code while claiming fidelity to older doctrines, then which set of rules—if either—is the law? We defend the legal relevance of the official story, on largely Hartian grounds. (...) Hart saw legal rules as determined by social rules accepted by a particular community. We argue that this acceptance requires no genuine normative commitment; agreement or compliance with the rules might even be feigned. And this community need not be limited to an official class, but includes all who jointly accept the rules. Having rejected these artificial limits, one can take the official story at its word. (shrink)

In this paper I will present a puzzle about visual appearance. There are certain necessary constraints on how things can visually appear. The puzzle is about how to explain them. I have no satisfying solution. My main thesis is simply that the puzzle is a puzzle. I will develop the puzzle as it arises for representationalism about experience because it is currently the most popular theory of experience and I think it is along the right lines. However, everyone faces a (...) form of the puzzle, including the naïve realist. In §1 I explain representationalism about experience. In §§2-3 I develop the puzzle and criticize a response due to Ned Block and Jeff Speaks and another response based on a novel form of representationalism (“sensa representationalism”). In §4 I argue that defenders of “perceptual confidence” (Morrison, Munton, my earlier self) face an instance of the puzzle. In §5 I suggest that everyone faces a form of the puzzle. (shrink)

The paper applies confirmation theory to a famous statement of economics, the law of demand, which says that ceteris paribus, prices and quantities demanded change in opposite directions. Today's economists do not accept the law unless definite restrictions hold, and have shown little interest in deciding whether or not these restrictions were satisfied empirically. However, Hildenbrand (1994) has provided a new derivation of the law of aggregate demand and used this theoretical advance to devise a test that may be the (...) first rigorous one ever performed on the law. The paper accounts for Hildenbrand's and, in less detail, his predecessors' contributions within the philosophical framework of Hempel (1965) and Glymour (1980). Its salient result is that economists have accepted the "consequence condition", and rejected the "converse consequence condition", and thus implicitly adhered to a Hempelian- Glymourian view of confirmation and testability. (shrink)

The goals of this paper are two-fold: I wish to clarify the Aristotelian conception of the law of non-contradiction as a metaphysical rather than a semantic or logical principle, and to defend the truth of the principle in this sense. First I will explain what it in fact means that the law of non-contradiction is a metaphysical principle. The core idea is that the law of non-contradiction is a general principle derived from how things are in the world. For example, (...) there are certain constraints as to what kind of properties an object can have, and especially: some of these properties are mutually exclusive. Given this characterisation, I will advance to examine what kind of challenges the law of non-contradiction faces; the main opponent here is Graham Priest. I will consider these challenges and conclude that they do not threaten the truth of the law of non-contradiction understood as a metaphysical principle. (shrink)

The well-known empiricist apories of the lawfulness of nature prevent an adequate philosophical interpretation of empirical science until this day. Clarification can only be expected through an immanent refutation of the empiricist point of view. My argument is that Hume’s claim, paradigmatic for modern empiricism, is not just inconsequent, but simply contradictory: Empiricism denies that a lawlike character of nature can be substantiated. But, as is shown, anyone who claimes experience to be the basis of knowledge (as the empiricist naturally (...) does), has, in fact, always already presupposed the lawfullness of nature, i.e. has assumed the ontology of a nature lawful in itself. If lawfulness is, more closely, understood as dependency on conditions, then the functional character of the laws of nature is involved with the consequence that verification is not to be taken as a mere repetition of measurements but as clarification of the conditional structure of the physical process. Furthermore the functionality of the laws of nature also includes a statement on their invariance (relative to certain transformations) and so their lawlikeness. This throws a new light on the problem of induction. Seen in this way it is hardly surprising that the notorious neglect of the functional aspect in empiricism has led to fundamental problems with the concept of the law of nature. (shrink)