Does “The Colbert Report” promote democratic values in American political dialogue? If so, does it encourage substantive criticism of political orthodoxy? Or does it just encourage the politics of cynicism, like so many other cable news shows? We claim that Stephen Colbert's style of political satire promotes democratic values of free, open, and critical speech because it reflects an ethical commitment that evokes the earlier spirit of criticism embodied by the ancient Greek philosophical tradition of _parrhesia_, or "speaking the (...) truth" fearlessly in public. (shrink)

This paper is, in part, a report on the conclusions reached at a retreat on Part One of Kant's Conflict of the Faculties, held at the Center for Insight into Philosophic Health, Education, and Renewal, in Mendocino, California. It argues that Kant's distinction between the public and private spheres does not remove but intensifies the philosopher's duty to influence the general public. I conclude with some reflections on how a Kantian philosopher might have a positive influence on religious communities. Includes (...) an appendix coauthored by Richard W. Mapplebeckpalmer. (shrink)

Kripke, argued like this: it seems possible that E; the appearance can't be explained away as really pertaining to a "presentation" of E; so, pending a different explanation, it is possible that E. Textbook Kripkeans see in the contrast between E and its presentation intimations of a quite general distinction between two sorts of meaning. E's secondary or a posteriori meaning is the set of all worlds w which E, as employed here, truly describes. Its primary or a priori meaning (...) is the set of all w such that if w is actual, then E is true. "Conceivability error" occurs when a primary possibility is mistaken for a secondary one. Textbook Kripkeanism is rejected on the grounds that it makes meaning too modal and modality too much a matter of meaning. (shrink)

This chapter explores the relationship between the views of Leibniz and Berkeley on the fundamental nature of the created universe. It argues that Leibniz concurs with Berkeley on three key points: that in the final analysis there are only perceivers and their contents (subjective idealism), that there are strictly speaking no material or corporeal substances, and that bodies or sensible things reduce to the contents of perceivers (phenomenalism). It then reconstructs his central argument for phenomenalism, which rests on his belief (...) in the infinite division of matter, his doctrine of the ideality of relations, and the traditional principle of the convertibility of being and unity. Finally, it explores Leibniz’s belief that a body having its being in one perceiver can be “founded” on other perceivers, and considers Berkeley’s reasons for opposing such a view. (shrink)

I show that in Epictetus’ view (1) the wise man genuinely loves (στέργειv) and is affectionate (φιλόστoργoς) to his family and friends; (2) only the Stoic wise man is, properly speaking, capable of loving—that is, he alone actually has the power to love; and (3) the Stoic wise man loves in a robustly rational way which excludes passionate, sexual, ‘erotic’ love (’έρως). In condemning all ’έρως as objectionable πάθoς Epictetus stands with Cicero and with the other Roman Stoics, Seneca and (...) Musonius Rufus, and against the Greeks of the early Stoa. Epictetus’ conception of love excludes erotic passion because of its intrinsic excessiveness and uncontrollableness, which inevitably endanger mental serenity, but includes and emphasizes the soberly rational, purely positive joy of interpersonal affiliation. Epictetus’ account of how the Stoic Sage loves is, I think, more consistent and less problematic than that of the Greek Stoics. (shrink)

When I see a mountain to be far away, there is non-reflective awareness of myself as that from which distance is measured. Likewise, there is self-awareness when I see a tree as offering shade or a hiding place. In such cases, how can the self I am aware of be the same as I who am aware of it? Can the perceived be its perceiver? Mobilizing infancy research, I offer the following thesis as to how one can be aware of (...) oneself, at a single stroke, as perceiver and as embodied entity. During face-to-face interaction at 2 or 3 months, the infant has a sensuous perception of the caregiver as well as a non-sensuous impression of something she is eyeing and vocalizing toward. This implicit target is the self as it first becomes present to the child. It is shown how the target of her attending is experienced by him as embodied, active, affective, and continuous. After acquiring language, however, the child becomes capable of playing the caregiver toward himself: He can speak in her manner while listening as the one addressed. Thus the relation is internalized. The outcome is the independent and secure self-awareness that typifies post-infancy life. Independence bears a price, which is assessed. (shrink)

Why is there something rather than nothing? Apparently many people regard that question as a challenge to naturalism because they think it’s too fundamental or too sweeping for natural science to answer, even in principle. I argue, on the contrary, that the question has a simple and adequate naturalistic answer: ‘Because there are penguins.’ I then diagnose various confusions underlying the suspicion that the question can’t have such an answer and, more generally, that the question, or else some variant of (...) it, can’t have a naturalistic answer at all. (shrink)

Can we believe that there are non-existent entities without commitment to the Meinongian metaphysics? This paper argues we can. What leads us from quantification over non-existent beings to Meinongianism is a general metaphysical assumption about reality at large, and not merely quantification over the non-existent. Broadly speaking, the assumption is that every being we talk about must have a real definition. It’s this assumption that drives us to enquire into the nature of beings like Pegasus, and what our relationship as (...) thinkers is to them. However, I argue this assumption only holds if you think your language, and in particular that aspect of it to do with referring to entities works in a specific way. This is the specific way generally assumed by the discipline called ‘Semantics’. I sketch out an alternative, call it global expressivism, in which talk of referring is given an expressivist, speech-act theoretic treatment. If we accept that our talk of the non-existent works as the global expressivist tells us it does, then the question of the metaphysical nature of non-existent entities is utterly void. You might say that Pegasus is empty of any metaphysical nature. Since the non-existent lacks any metaphysical nature, the metaphysics of the non-existent, Meinongianism, as a form of inquiry, lacks a subject matter, despite the fact that we talk happily, and indeed unavoidably, of the non-existent. (shrink)

People in many parts of the world link morality with God and see good ethical values as an important benefit of theistic belief. A recent survey showed that Americans, for example, distrust atheists more than any other group listed in the survey, this distrust stemming mainly from the conviction that only believers in God can be counted on to respect morality. I argue against this widespread tendency to see theism as the friend of morality. I argue that our most serious (...) moral obligations -- the foundations of what can be called “ordinary morality ” -- remain in place only if God doesn’t exist. In recent years, some atheists have reacted to society’s distrust of them by claiming that atheism accommodates ordinary morality just as well as theism does. The truth is even stronger: only atheism accommodates ordinary morality. Logically speaking, morality is not common ground between theists and atheists. Morality depends on atheism. (shrink)

Despite holding that all concepts are strictly speaking innate, Leibniz attempts to accommodate the common belief that at least some concepts are adventitious by appealing to his theory of ideal action. The essential idea is that an innate concept can be considered adventitious, in a sense, just in case its ideal cause is to be found outside the mind of the one who possesses the concept. I explore this attempt at accommodation and argue that it fails. [See external link for (...) English draft.]. (shrink)

Immanuel Kant’s theory of justifiable resistance to authority is complex and, at times, appears to conflict with his own practice, if not with itself. He distinguishes between the role of authority in “public” and “private” contexts. In private—e.g., when a person is under contract to do a specific job or accepts a social contract with one’s government—resistance is forbidden; external behavior must be governed by policy or law. In contexts involving the public use of reason, on the other hand—e.g., when (...) a person is faced with a moral decision or is engaged in a philosophical dispute—the freedom of conscience sometimes requires resistance, especially in cases where other persons inappropriately attempt to usurp authority over matters that are rightfully up to the individual to decide. In texts such as Perpetual Peace, Kant looks forward to a political situation wherein no political resistance (e.g., in the form of war) would be necessary. Yet in Metaphysics of Morals, he argues that a citizen never has the right to revolt against one’s government, suggesting we must cooperate even with war. On a personal level, Kant openly praised both the American and the French revolutions; yet when his own writings on religion were deemed by the censor to have come into conflict with the king’s edict, Kant failed to resist the (arguably unjust) authority; instead, he gave up his (apparently public) right to free philosophical expression, promising never to write or speak on religion again during the king’s reign. I shall argue that a key to resolving these tensions lies in the principle that universities must promote a healthy, public “conflict” between philosophers and all “private” employments of reason. The only ground for disallowing private resistance, therefore, is the underlying presence of genuine philosophical resistance. (shrink)

I propose a straightforward reconciliation of Leibniz’s conception of bodies as aggregates of simple substances (i.e., monads) with his doctrine that bodies are the phenomena of perceivers, without in the process saddling him with any equivocations. The reconciliation relies on the familiar idea that in Leibniz’s idiolect, an aggregate of Fs is that which immediately presupposes those Fs, or in other words, has those Fs as immediate requisites. But I take this idea in a new direction. Taking notice of the (...) fact that Leibniz speaks of three respects in which one thing may immediately presuppose others--i.e., with respect to its being, its existence, and its reality--I argue that a phenomenon having its being in one perceiving substance (monad) can plausibly be understood to presuppose other perceiving substances (monads) in two of these respects. Accordingly, good sense can be made of both the claim that a phenomenon in one monad is an aggregate of other monads (in Leibniz’s technical sense of 'aggregate') and the (equivalent) claim that the latter monads are constituents of the phenomenon (in his technical sense of 'constituent'). So understood, the two conceptions of body are perfectly compatible, just as Leibniz seems to think. (shrink)

Legal philosophers and property scholars sometimes disagree over one or more of the following: the meaning of the word 'property,' the concept of property, and the nature of property. For much of the twentieth century, the work of W.N. Hohfeld and Tony Honoré represented a consensus around property. The consensus often went under the heading of property as bundle of rights, or more accurately as a set of normative relations between persons with respect to things. But by the mid-l 990s, (...) the consensus was under attack. Key figures in the attack were James Penner, a legal philosopher, and Thomas W. Merrill and Henry E. Smith, two highly regarded professors of property law. This article aims to repel the attack and argues for property as a set of normative relations between persons with respect to things. The positive case for this view of property pays special attention to the philosophy of language and the analysis of concepts. The positive case also maintains that the right to use and the power to transfer are as central to property as the right to exclude. It is possible that the virtues of Smith's modular theory of property differ from the virtues of a well-crafted bundle theory. Indeed, it may be the case that these two theories throw light on different features of property law and are not, save at the margin, competitors with each other. The label 'new essentialism' sometimes applied to the work of Penner, Merrill, and Smith seems inapt if property does not have an essence. Of course, they might refuse the label. (shrink)

Berkeley's immaterialism has more in common with views developed by Henry More, the mathematician Joseph Raphson, John Toland, and Jonathan Edwards than those of thinkers with whom he is commonly associated (e.g., Malebranche and Locke). The key for recognizing their similarities lies in appreciating how they understand St. Paul's remark that in God "we live and move and have our being" as an invitation to think to God as the space of discourse in which minds and ideas are identified. This (...) way of speaking about God, adapted by Karl Barth and Paul Tillich, opens up new ways to think about the relation between God and finite minds. (shrink)

To escape from the labyrinth of the continuum, Leibniz maintains, we must think very differently about the nature of space, time, bodies, and substances; and in particular we must posit an infinity of simple substances or monads. The main aim of this historically rich and interpretively provocative book is to explain why Leibniz says such things by examining his purported solution and how he arrived at it. Each of the book’s seven chapters focuses on a different “Ariadnean thread” that supposedly (...) helped Leibniz find his way out of the labyrinth. They concern the themes of “composition, aggregation, atoms, forms, motion, substance, and continuation in existence” (6). (shrink)

This introduction to Kant's ground-breaking book on religion summarizes the conflicts Kant himself experienced with religion, explains how the book is related to Kant's other writings, and comments on the extensive influence the book has had on theology and religion over the past 200 years. By far the longest section is an exhaustive summary of the text itself: with only a few (noted) exceptions, the main point of every paragraph in the entire book is summarized with one (or occasionally two) (...) sentence(s). If you are a student in a class on Kant's philosophy of religion, this book is a "must buy". Not only does Pluhar (the only native German speaking translator of Kant's writings into English) clarify many problems that plagued the previous translations, such as highlighting the all-important metaphor that is implied by Kant's use of "blossen" (bare, as opposed to clothed) in the title (and throughout the book, but the Introduction will enable you to "wow" your teachers with your comprehensive knowledge of the whole text. (shrink)

An exploratory pilot study with a small homogenous sample of Christian English speaking participants provided support for an alternative research hypothesis that a Christ consciousness contemplation with Heart Prayer of HeartMath techniques was significantly associated with increasing psychophysiological coherence, sense of coherence, spirituality and health perceptions. Participants described feelings of a peaceful place in oneness and connection with Christ. Integrative findings point towards Christ consciousness as an ultimately non-dual process of sensing vibrational resonance radiating from the human heart. Implications for (...) further research are discussed. (shrink)

In this essay we will consider another basic topic: the problem of the nature of the distinctions between Sitte, Brauch, Wert, Mode, and Recht, on which Weber's discussion relies. These discussions typically involved the untranslatable concept of Sitte, which marks a contrast between practices or customs with normative force and “mere practice.” There is a close parallel to this distinction in American social thought in W. G. Sumner's latinate distinction between the mores and folkways of a society. In what follows (...) we shall simply use the German term as a reminder of its long history in German philosophy. Weber was obviously aware of this history, as was Jhering. Our aim will be to examine Weber's modifications of the received version of these distinctions and to consider the Implications of these modifications. As we shall see, what Weber represents as an innocuous classificatory problem contains a much more significant conceptual transformation, which bears on the general image of modernity as rationalization constructed by Weber. (shrink)

Tractatus Politico-Philosophicus (Political-Philosophical Treatise) of W. Julian Korab-Karpowicz proposes a new idea-system. Ideas concerning different topics related to politics are introduced. The work aims to establish the principles of good governance and of a happy society, and to open up new directions for the future development of humankind. It is also in part a critique of the epistemology of early Wittgenstein as presented in his Tractatus Logico-Philosophicus. It argues that one can speak about politics and ethics with sense, and that (...) political philosophy is still a viable enterprise for us. This explanation is provided in response to the review of Tractatus Politico-Philosophicus by Katarzyna Heremska and a critical note of Pawel Kloczowski that were both published in Argument 6(1), 2016. (shrink)

This paper is, in part, a report on the conclusions reached at a retreat on Part One of Kant's Conflict of the Faculties, held at the Center for Insight into Philosophic Health, Education, and Renewal, in Mendocino, California. It argues that Kant's distinction between the public and private spheres does not remove but intensifies the philosopher's duty to influence the general public. I conclude with some reflections on how a Kantian philosopher might have a positive influence on religious communities. Includes (...) an appendix coauthored by Richard W. Mapplebeckpalmer. (shrink)

In this paper we examine whether and how powers ontologies can back formal causation. We attempt to answer three questions: i) what is formal causation; ii) whether we need formal causation, and iii) whether formal causation need powers and whether it can be grounded in powers. We take formal causal explanations to be explanations in which something's essence features prominently in the explanans. Three kinds of essential explanations are distinguished: constitutive, consequential, and those singling out something's propria. This last kind (...) of explanation has been somewhat overlooked in the literature, but we argue that it features in much of the most relevant uses of formal explanations in philosophy and science. These are the explanations for why an object has certain propertis that are not, properly speaking, parts of its essence, but that belong to it more intimately than just being part of its consequential essence: they are the properties that ‘flow’ from something's essence. It is argued that a powers metaphysics is uniquely placed to make sense of this last phenomenon. We then distinguish three grades of involvement in which powers might be salient for formal causal explanations: i) powers might be the subject matter of the essence operator, ii) the essence of something might include (or be exhausted) by powers, or iii) powers can explain how propria can flow from something's constitutive existence. (shrink)

Perhaps the question “What is philosophy?” can only be posed late in life, when old age has come, and with it the time to speak in concrete terms. It is a question one poses when one no longer has anything to ask for, but its consequences can be considerable. One was asking the question before, one never ceased asking it, but it was too artificial, too abstract; one expounded and dominated the question, more than being grabbed by it. There are (...) cases in which old age bestows not an eternal youth, but on the contrary a sovereign freedom, a pure necessity where one enjoys a moment of grace between life and death, and where all the parts of the machine combine to dispatch into the future a trait that traverses the ages: Turner, Monet, Matisse. The elderly Turner acquired or conquered the right to lead painting down a deserted path from which there was no return, and that was no longer distinguishable from a final question. In the same way, in philosophy, Kant’s Critique of Judgment is a work of old age, a wild work from which descendants will never cease to flow.We cannot lay claim to such a status. The time has simply come for us to ask what philosophy is. And we have never ceased to do this in the past, and we already had the response, which has not varied: philosophy is the art of forming, inventing, and fabricating concepts. But it was not only necessary for the response to take note of the question; it also had to determine a time, an occasion, the circumstances, the landscapes and personae, the conditions and unknowns of the question. One had to be able to pose the question “between friends” as a confidence or a trust, or else, faced with an enemy, as a challenge, and at the same time one had to reach that moment, between dog and wolf, when one mistrusts even the friend. Gilles Deleuze was professor of philosophy at the University of Paris VIII, Vincennes-St.-Denis, until his retirement in 1987. Among his books translated into English are the two-volume Capitalism and Schizophrenia , the two-volume Cinema , The Logic of Sense , and Expressionism in Philosophy: Spinoza . Daniel W. Smith is a doctoral candidate in philosophy at the University of Chicago. He is at work on a study of the philosophy of Deleuze, and is translating Deleuze’s Francis Bacon: Logique de la sensation. Arnold I. Davidson, executive editor of Critical Inquiry, teaches philosophy at the University of Chicago and is currently Marta Sutton Weeks Fellow at the Stanford Humanities Center. (shrink)

Scholars in the field of environmental and animal ethics have propounded theories that outline what, in their view, ought to constitute an ethical relationship between humans and the environment and humans and nonhuman animals respectively. In the field of animal ethics, the contributions by Western scholars to theorize a body of animal ethics, either as an ethic in its own right or as a branch of the broader field of environmental ethics is clearly seen. Consequently, there are, notably, two main (...) schools of thought in the field of animal ethics. These are the ‘welfarist’ and the ‘rightist’ approaches (Regan, 2006; Owoseni & Olatoye, 2014). Unfortunately, a clearly concerted effort to theorize on animal ethics from an African perspective is at the minimal, although there is a lot written in African environmental ethics, broadly construed. It is within this context that this study locates an African animal ethic within the two main theories in the global animal ethics debate, using traditional Akan ontology and ethics particularly, those that speak to their relationship with the environment and, especially animals. Thus, using Akan ontological worldview and ethics as foundational sources, alongside learned principles from the emerging theories in African environmental ethics, the study seeks to find the place of Akan animal ethics within the rightist and welfarist debates. (shrink)

At least since W. V. O. Quine's famous critique of the analytic/synthetic distinction, philosophers have been deeply divided over whether there are any analytic truths. One line of thought suggests that the simple fact that people have ' intuitions of analyticity' might provide an independent argument for analyticities. If defenders of analyticity can explain these intuitions and opponents cannot, then perhaps there are analyticities after all. We argue that opponents of analyticity have some unexpected resources for explaining these intuitions and (...) that, accordingly, the argument from intuition fails. (shrink)

Stephen Yablo’s notion of proportionality, despite controversies surrounding it, has played a significant role in philosophical discussions of mental causation and of high-level causation more generally. In particular, it is invoked in James Woodward’s interventionist account of high-level causation and explanation, and is implicit in a novel approach to constructing variables for causal modeling in the machine learning literature, known as causal feature learning (CFL). In this article, we articulate an account of proportionality inspired by both Yablo’s account of (...) proportionality and the CFL account of variable construction. The resulting account has at least three merits. First, it illuminates an important feature of the notion of proportionality, when it is adapted to a probabilistic and interventionist framework. The feature is that at the center of the notion of proportionality lies the concept of “determinate intervention effects.” Second, it makes manifest a virtue of (common types of) high-level causal/explanatory statements over low-level ones, when relevant intervention effects are determinate. Third, it overcomes a limitation of the CFL framework and thereby also addresses a challenge to interventionist accounts of high-level causation. (shrink)

The four volume work of which this book is a part has been praised as one of the great monuments of theoretical scholarship in sociology of the century. The praise has come largely from the older generation of students of Parsons and Merton. A great deal of dispraise has come from Alexander's own generation. Alan Sica's (1983) brilliant, biting review of Volume I speaks for many of Alexander's peers. Volume II is likely to be even more controversial. This volume begins (...) the substantive task of the text, the reinterpretation of the 'theoretical logic' of the classical sociologists, a reinterpretation governed by the intention of transcending the errors and limitations of the 'presuppositional' reasoning of the classical thinkers. For Alexander's sociological audience the second volume is the beginning of what really counts, and Volume II is indeed quite a different affair from the first, 'philosophical' volume: the prose tightens, and the air of getting down to work is palpable. (shrink)

A probability distribution is regular if it does not assign probability zero to any possible event. While some hold that probabilities should always be regular, three counter-arguments have been posed based on examples where, if regularity holds, then perfectly similar events must have different probabilities. Howson and Benci et al. have raised technical objections to these symmetry arguments, but we see here that their objections fail. Howson says that Williamson’s “isomorphic” events are not in fact isomorphic, but Howson is speaking (...) of set-theoretic representations of events in a probability model. While those sets are not isomorphic, Williamson’s physical events are, in the relevant sense. Benci et al. claim that all three arguments rest on a conflation of different models, but they do not. They are founded on the premise that similar events should have the same probability in the same model, or in one case, on the assumption that a single rotation-invariant distribution is possible. Having failed to refute the symmetry arguments on such technical grounds, one could deny their implicit premises, which is a heavy cost, or adopt varying degrees of instrumentalism or pluralism about regularity, but that would not serve the project of accurately modelling chances. (shrink)

A probability distribution is regular if no possible event is assigned probability zero. While some hold that probabilities should always be regular, three counter-arguments have been posed based on examples where, if regularity holds, then perfectly similar events must have different probabilities. Howson (2017) and Benci et al. (2016) have raised technical objections to these symmetry arguments, but we see here that their objections fail. Howson says that Williamson’s (2007) “isomorphic” events are not in fact isomorphic, but Howson is speaking (...) of set-theoretic representations of events in a probability model. While those sets are not isomorphic, Williamson’s physical events are, in the relevant sense. Benci et al. claim that all three arguments rest on a conflation of different models, but they do not. They are founded on the premise that similar events should have the same probability in the same model, or in one case, on the assumption that a single rotation-invariant distribution is possible. Having failed to refute the symmetry arguments on such technical grounds, one could deny their implicit premises, which is a heavy cost, or adopt varying degrees of instrumentalism or pluralism about regularity, but that would not serve the project of accurately modelling chances. (shrink)

In this paper, I explore a possible convergence between two great twentieth century thinkers, Nishida Kitarō of Japan and Martin Heidegger of Germany. The focus is on the quasi-religious language they employ in discussing the grounding of human existence in terms of an encompassing Wherein for our being. Heidegger speaks of “the sacred” and “the passing of the last god” that mark an empty clearing wherein all metaphysical absolutes or gods have withdrawn but are simultaneously indicative of an opening wherein (...) beings are given. Nishida speaks of “the religious” dimension in the depths of one's being, that he calls “place,” and that somehow envelops the world through its kenotic self-negation. In both we find reference to a kind of originary space—the open or place—associated with quasireligious themes. I also point to their distinct approaches to metaphysical language in their attempts to give voice to that abysmal thought. (shrink)

In this essay, our goal is to discover science in Martin Heidegger's Introduction to Metaphysics, lecture notes for his 1935 summer semester course, because, after all, his subject is metaphysica generalis, or ontology, and this could be construed as a theory of the human brain. Here, by means of verbatim quotes from his text, we attempt to show that indeed these lectures can be viewed as suggestion for an objective scientific theory of human perception, the human capacity for deciphering phenomena, (...) ie. hermeneutics in its broadest sense. His added notes from the 1953 edition, all of which are comments, not corrections, imply that he never abandoned these thoughts on metaphysics, despite all of his utterances about a need to overcome it, and their popular interpretations to that effect. In his presentation, he further develops the colorful and intuitive style, an hermeneutic language, that he had created in his earlier work Being and Time. Of human existence he speaks in such expressions as being-there -- ``Dasein" -- and being-in-the-world, the latter term no longer explicit in the 1935 lectures. The lectures can be read as a pre-scientific analysis of how man, being-there, perceives his environment, artfully managing to deal with the manifold challenges posed by the phenomenal structures of the universe. Man attentively recognizes and deciphers their pre-linguistic contents and, while trying to make sense of it all, puts into words his awareness. There are numerous passages in Heidegger's work where he in fairly concrete terms provides us with hints for a perceptive science that, as it turns out and is demonstrated below in this essay, can be explained in terms of recent advances in neuroscience. It would be implausible, even unthinkable, unimaginable, for there not to be found essential agreement between on one hand his philosophical insights gained by hermeneutics of Dasein, into how our brain functions to let us know what's happening & on the other hand, scientific discoveries obtained through anatomy, EEG, fMRI, TMS, electrode implants, etc, of brain structures & functions employed in perception of the momentary scene. A nexus between science and philosophy is provided in Heidegger's definitive treatment of the Logos, here interpreted as a structural version of Platonic forms (Burchard, 2014). This allows for neurolinguistic brain functions to serve as meta-context for Heidegger's being-in-the-world. The logical functions of Dasein's anatomical brain are performed by the logos machine, formerly the human soul, using top-down processing based on a global context, the noumenal cosmos which humans maintain internally. Heidegger's 1942/43 winter semester lectures Parmenides extend in unbroken fashion his 1935 work, proving that he never abandoned, as is widely claimed, his metaphysical avenue of thought. (shrink)

C. Stephen Layman contends that an argument supporting theism over naturalism can be constructed based on three defensible, non–question-begging premises about the moral order. Previous critics of Layman’s argument have challenged the truth of these premises. We stipulate them arguendo but go on to show that there is a deeper problem: a fourth premise introduced to complete the argument—the “completion premise,” as we call it—is true only if we assume that God exists or we concede that there is no (...) afterlife. We close with suggestions for how Layman’s argument must be strengthened to meet with dialectical success. (shrink)

Hate speech, understood broadly, is any form of expression intended to arouse hatred or contempt toward members of a particular social group. When university administrators have reason to believe that a planned speaking event on campus may feature hate speech (at least in the eyes of some), how should they respond? In this paper I address this question as it arises for Canadian universities. I argue that, where the regulation of campus speech is concerned, the right course of action for (...) university administrators is nearly always to do absolutely nothing. They will have reason to become actively involved only in order to ensure that a speaking event proceeds safely, or when it threatens to disrupt the functioning of the university, or when it is itself threatened with disruption by protesting groups. In those instances the justification for intervention will be to protect and facilitate speech, not to shut it down. (shrink)

This paper explores the state of teacher training in philosophy graduate programs in the English-speaking world. Do philosophy graduate programs offer training regarding teaching? If so, what is the nature of the training that is offered? Who offers it? How valuable is it? We conclude that philosophers want more and better teaching training, and that collectively we know how to deliver and support it.

Does the Ship of Theseus present a genuine puzzle about persistence due to conflicting intuitions based on “continuity of form” and “continuity of matter” pulling in opposite directions? Philosophers are divided. Some claim that it presents a genuine puzzle but disagree over whether there is a solution. Others claim that there is no puzzle at all since the case has an obvious solution. To assess these proposals, we conducted a cross-cultural study involving nearly 3,000 people across twenty-two countries, speaking eighteen (...) different languages. Our results speak against the proposal that there is no puzzle at all and against the proposal that there is a puzzle but one that has no solution. Our results suggest that there are two criteria—“continuity of form” and “continuity of matter”— that constitute our concept of persistence and these two criteria receive different weightings in settling matters concerning persistence. (shrink)

I argue that rule consequentialism sometimes requires us to act in ways that we lack sufficient reason to act. And this presents a dilemma for Parfit. Either Parfit should concede that we should reject rule consequentialism (and, hence, Triple Theory, which implies it) despite the putatively strong reasons that he believes we have for accepting the view or he should deny that morality has the importance he attributes to it. For if morality is such that we sometimes have decisive reason (...) to act wrongly, then what we should be concerned with, practically speaking, is not with the morality of our actions, but with whether our actions are supported by sufficient reasons. We could, then, for all intents and purposes just ignore morality and focus on what we have sufficient reason to do, all things considered. So if my arguments are cogent, they show that Parfit’s Triple Theory is either false or relatively unimportant in that we can, for all intents and purposes, simply ignore its requirements and just do whatever it is that we have sufficient reason to do, all things considered. (shrink)

The performance of one option can entail the performance of another. For instance, I have the option of baking a pumpkin pie as well as the option of baking a pie, and the former entails the latter. Now, suppose that I have both reason to bake a pie and reason to bake a pumpkin pie. This raises the question: Which, if either, is more fundamental than the other? Do I have reason to bake a pie because I have reason to (...) perform some instance of pie-baking—perhaps, pumpkin-pie baking? Or do I have reason to bake a pumpkin pie because I have reason to bake a pie? Or are they equally fundamental, as they would be if, say, I had reason to do each because each would have optimal consequences? The aim of this paper is to compare two possible answers to this question—omnism and maximalism—and to argue that the latter is preferable. Roughly speaking, maximalism is the view that only those options that are not entailed by any other option are to be assessed in terms of whether they have some feature (such as that of having optimal consequences), whereas omnism is the view that all options are to be assessed in terms of whether they have this feature. I argue that there are at least two reasons to prefer maximalism, for it is able to overcome two critical problems with omnism. (shrink)

The performance of one option can entail the performance of another. For instance, I have the option of baking a pumpkin pie as well as the option of baking a pie, and the former entails the latter. Now, suppose that both of these options are permissible. This raises the issue of which, if either, is more fundamental than the other. Is baking a pie permissible because it’s permissible to perform some instance of pie-baking, such as pumpkin-pie baking? Or is baking (...) a pumpkin pie permissible because it’s permissible to bake a pie? Or are they equally fundamental, as they would be if they were both permissible because, say, they both have optimal consequences? The aim of this paper is to compare two alternative responses to this issue—omnism and maximalism—and to argue that the latter is preferable. Roughly speaking, maximalism is the view that only those options that are not entailed by any other option are to be assessed in terms of whether they have some right-making feature F (such as that of having optimal consequences), whereas omnism is the view that all options are to be assessed in terms of whether they are F. I argue that maximalism is preferable to omnism because it provides a more plausible solution to the problem of act versions and is not subject to any problems of its own. And if I’m right about maximalism’s being preferable to omnism, then most moral theories, which are all versions of omnism, need significant revision. (shrink)

The primary focus of this project is the silent and subvocal speech-recognition interface unveiled in 2018 as an ambulatory device wearable on the neck that detects a myoelectrical signature by electrodes worn on the surface of the face, throat, and neck. These emerge from an alleged “intending to speak” by the wearer silently-saying-something-to-oneself. This inner voice is believed to occur while one reads in silence or mentally talks to oneself. The artifice does not require spoken sounds, opening the mouth, or (...) any explicit or external movement of the lips. The essay then considers such subvocal “speech” as a mode of writing or saying and the interior of the mouth or oral cavity as its writing surface. It briefly revisits discussions of telepathy to recontextualize Heidegger’s warning against enframing language exclusively within calculative technics and physiology, which he suggests is detrimental to Mundarten (mouth-modes of regional dialects). It closes in reconsideration of Husserl’s phenomenology of language and meaning in Ideas as it might apply to subvocal speech-recognition interfaces. It suggests ways by which the electrophysiology that the device detects and deciphers (as an alleged intention of a presumed natural language unspoken vocally or aloud) might supplement Husserl’s insinuation of the Leiblichkeit of language through a self-stamping extraction of an extension of meaning. (shrink)

Following one of Jacques Derrida’s early questions — namely, How is writing involved in speech? — this essay reconsiders the role of the tongue and the sense of taste in the oral phenomena of speaking and saying. The contact the tongue makes with the mouth or teeth is just as much a materialization of language as what is commonly called “writing.” The tongue acts as a pen and the mouth, as a blank page (or palimpsest). Mouthed writing is accompanied by (...) sense experiences. There are various selftastes to the tastes of speaking, the tastes of words, or, even, the tastes of thoughts. Freud’s notes on speaking in one’s sleep, telepathy, the mystic writing-pad, and memory are revisited and supplemented with the writings of Hélène Cixous on the taste of words, telephoning, saying-to-oneself, and forgetting. The auto-affection of tasting-oneself-speakwriting is offered as an alternative to the metaphysical presumptions Derrida implicates in Husserl’s understanding of speech based on the auto-affection of hearing-oneself-speak. As such, writing (haunted by the trace of death) and speech (invested with living presence) is now confronted with the selftastes of speakwriting with one’s stylangue in and on the mouth as the scene of writing (ever accompanied by tastes of life-death). (shrink)

Of course it is not a word, this “dediction”; at least, not yet. But why not? As the story goes, James Joyce was once asked whether his habit of inventing words was because there were not enough words in the English language. He answered that there were enough words, just not the right words. To see whether “dediction” might be a “right word”, I begin by considering related terms, and then consider what they do for us—why do they exist and (...) my new term, “dediction”, does not? For example, if we construct for ourselves a simple list of Latinate roots related to writing and seeing, and then add time-related prefixes, we could quickly come up with “post-script”, “describe”, “description,” “prescribe”, and “prescription”, among others. (“Depict” and “depiction” come to mind as well, but their treatment is beyond my scope here.) If we then do the same for speaking, we have no trouble recognising “predict” and “prediction”, but what about “postdict” and “postdiction” or “dedict” and “dediction”? (shrink)

When introducing the respective roles of the philosopher and the mathematician in Being and Event, Alain Badiou notes that when representing mathematics: "placing being in the general position of an object, would immediately corrupt the necessity, for any ontological operation, of de-objedification. Hence, of course, the attitude of those the Americans call working mathematicians: they always find general considerations about their discipline vain and obsolete. They only trust whomever works hand in hand with them grinding away at the latest mathematical (...) problem. . . .Empirically, the mathematician always suspects the philosopher of not knowing enough about mathematics to have earned the right to speak." While the discipline of law does not have the ontological purchase of the discipline of mathematics, the working lawyer, like the working mathematician, would feel disconnected from "the rigorous description of the generic essence of [his] operations" that the philosopher might offer. Badiou further reports that "justice" is a philosophical word if we do not include juridical significations in it. It is precisely here, when the juridical significations are left aside, that the lawyer (not the legislator) is excluded from the benefits of a "rigorous description" that a philosopher might offer. What can be done to extend the ontological understanding of justice to include the subjectivity of the lawyer and to determine whether the juridical is capable of Badiou's sense of "event?". (shrink)

“Human relations and the relations to other beings in our age.” There are three components to this theme: human-to-human relationships, human-to-other being relationships, and the temporal focus of our age. In the following, I will both discuss theoretical concerns among these components as well as present case studies to illustrate my points. In asking why a duck cannot sign a contract, I hope to demonstrate inherent insufficiencies in relations between humans and other beings in our age when they are characterized (...) as legal property relations. Among the possible forms that could relate humans to other humans and other beings, global society often resorts to law. Relationships in other, more culturally-dependent arenas, are more difficult to navigate when the cultures speak different languages, follow different religions, and build different family structures. Indeed we are not globalized in these cultural areas. We are globalized economically. And insofar as law facilitates globalization, the economic norms it uses become the common denominator among the cultures and even the relationship between humans and other beings. (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)

© Mind Association 2017This rich and engaging book addresses a nest of questions that have been mostly neglected in recent Anglophone philosophy. These questions concern ordinary uses of the concept of identity in speaking for example of identity crises, of one’s identity as something that can be lost or maintained, of identification with certain groups, traits, values, or beliefs, and so on. That there are these uses, and that they are an important feature of contemporary culture, is beyond question: witness (...) the difficulty in helping undergraduates focus in the classroom on what ‘we’ mean by personal identity, where this meaning is supposed to be distinct from the substantive use of ‘identity’ to mean something that a person has, and that can change or be replaced over the course of their continued life.... (shrink)

The alien in science fiction has not often been seen as part of an imperial colonial discourse. By examining John W. Campbell’s founding golden age SF text, “Who Goes There?” (1938), this paper explores the ways in which the alien adheres to an invisible mythos of whiteness that has come to be seen through a colonizing logic as isomorphic with the human. Campbell’s alien-monster comes to disseminate and invade both self and world and as such serves as an interrogation of (...) what whites have done through colonization. It is thus part and parcel of imperial domination and discourse and appears as the very nightmare of whiteness in the form of its liminal and estranged shadow side. Part of what has made Campbell’s text so influential is that it offers a new type of alien invasion in the figure of “contagion,” which speaks “to the transition from colonial to postcolonial visions of modernity and its attendant catastrophes” (Rieder, 124), and which can be further examined as a race metaphor in American SF—indeed, as the white man’s fear of racial mixing that has a long and dehumanizing history. Through its threat of mixture, I read the alien as a creolizing figure that both troubles and undoes the white/black, human/nonhuman binary in science fiction, which I also read as being a creolizing, i.e., hybrid and plastic, genre. (shrink)

Techne and Truth. The problem of techne in the dispute between Gorgias and Plato -/- The source of the problem matter of the book is the Plato’s dialogue „Gorgias”. One of the main subjects of the discussion carried out in this multi-aspect work is the issue of the art of rhetoric. In the dialogue the contemporary form of the art of rhetoric, represented by Gorgias, Polos and Callicles, is confronted with Plato’s proposal of rhetoric and concept of art (techne). The (...) ingenuous and dramatic structure of the dialogue composed of three acts, in each of which Socrates’ consecutive interlocutors emerge, is difficult to interpret. It seems, however, that even though the first conversation between Socrates and Gorgias constitutes a small part of the dialogue, it forms the foundations for the discussion. This part, dealing with such important issues as the subject of art, knowledge, power and relation between art and good, is the starting point for the conversations which follow. What do the differences between the Gorgias’ and Plato’s concepts of art consist in? Any attempt to answer the question requires presentation of the background for the discussion taking place in Plato’s work as well as the reconstruction of Gorgias’ vision of the art of rhetoric and art in general, defining the relation between art and knowledge. The latter may be undertaken on the basis of two paraphrases of the treatise “On Non-existence”, two epideictic speeches entitled “Helen” and “Palamedes” and some smaller fragments which have been preserved from Gorgias’ creative output. The treatise “On Non–existence”, very paradoxical in its philosophical meaning, testifies to new, sophistic thinking represented by Gorgias of Leontinoi. The treatise is the polemic and attack on Eleatism based on certain principles and methods elaborated by the Eleatics themselves. It also shows that Gorgias – using traditional Eleatic schemes – is opposed to this tradition. Even though the treatise does not discuss the problem of art directly, it anticipates the considerations from epideictic speeches. “Helen” and “Palamedes” constitute further stages in the development of Gorgias’ thought and concept of art combining typically epideictic elements with some philosophical convictions. Gorgias refers to the Eleatic theme considering the issues of truth, knowledge and belief, yet defining them in the empirical spirit. Solutions in the cognitive sphere determine the horizon of Gorgias’ rhetoric. The word is separated from the existence. Human cognition is limited and therefore the word and visual images affect the belief. This promotes the great importance of rhetoric, painting and sculpture, i.e. the areas which influence in a specific way – creating the “delusion” (ἀπάτη). Through idealization art provides pleasure, which is its objective. Therefore the task of art is to create delusion. The rhetor of Leontinoi discusses the issue of “how?” to use the word ‘rhetoric’. Gorgias is aware that rhetoric may be used to talk about what is unknown and that technical correctness of a rhetoric statement is not identical with the truthfulness of the proclaimed message. Mentioning it, Gorgias shows his respect to the truth as a value which should be respected in speech on the one hand, and on the other emphasizes that the truth in itself has no persuasive power. For this reason it is not enough to proclaim the truth, but, to convince the listeners, the orator should possess the skill of speaking. What is then the relation between truth and art emerging from epideictic speeches? Gorgias undoubtedly emphasizes the formal aspect of speech, as rhetoric is art, thus an ability based on certain principles. According to Gorgias, the truth is the value which should be respected in speeches. Rhetoric is able to create a fictive world, as a great range of reality remains outside direct human experience. Rhetoric does not oppose the truth but discussing not only what is directly given concerns the area outside the sphere of direct experience. This concept of rhetoric is the basis of the discussion about art carried out in the dialogue “Gorgias”. Even though the first of the discussions in the dialogue – the conversation between Socrates and Gorgias – is directly concerned with rhetoric itself, numerous remarks testify to its much wider character. This is best exemplified by the way of carrying out the conversation by Socrates, who, asking questions about rhetoric practised by Gorgias, throughout the whole conversation compares it with other skills. Additionally, the manner and the structure of the conversation prove that Plato considers the issue of rhetoric from a wider perspective determined by the issue of art. The specific feature of the conversation is ordering it around main issues – such notions as πρᾶγμα, ἐπιστήμη, δύναμις, each of which has its own meaning in Plato. In the first part of Gorgias Plato presents the principles previously occurring in other dialogues in a certain order, thus constructing the structure of the conversation with Gorgias. The notions are not novum in Plato but the fact that he clearly wants to systematise them and present a certain concept of art is a new and significant aspect. This tendency is of paramount importance for the discussion because Gorgias’ answers are evaluated by Plato from the perspective of this clearly set concept consisting of not only established notions but also certain principles. The discussion between Socrates and Gorgias introduces a theme which is crucial for the dialogue: the relation between art and good, i.e. the technical and ethical spheres. The issue is introduced by Gorgias, who mentions that rhetoric may be used for evil purposes. On this basis Socrates proves that if rhetoricians can use rhetoric for evil purposes, they have no knowledge concerning the subject of their art – justice, because one who knows what is just, always acts justly. Thus the relation between the technical and ethical spheres transpires to be the main point of contention. The question is whether a technician following the principles of the art he practices may act against good. This paradoxical statement based on the well-known Socrates’ principle "nemo sua sponte peccat" acquires philosophical foundations in the dialogue. In its remaining two parts Plato presents a justification, placing the principle within the framework of a certain concept of art, as a result of which not only rhetoric but also many other skills are criticised. The notions on which the conversation with Gorgias focuses are more precisely defined in the subsequent parts of the dialogue. Additionally, Plato presents twice the conditions which art should fulfill. They oblige the “technicians” to know the nature and purpose of the art and to know the causes of undertaken activities and to be able to justify them. These conditions determine the relation between the two spheres – technical and ethical. According to Plato, art may not act against good because it should be the objective of its activities. Certain concepts of good and knowledge outlined in the dialogue are the guarantees of “technicality”. Good, which should be respected by every art, is understood objectively and is contrasted with subjective pleasure. Knowledge, which should be the basis of art, opposes experience, which uses observation and recollection. Additionally, the definition of knowledge, significance of order in the world assuming the form of “geometrical equality”, significance of mathematics becoming the ideal of exactness indicate that Plato’s concept of knowledge is formed in Gorgias. These conclusions render it impossible that the results of any activity deserving the name of art should oppose good. And this is Plato’s main reproach of Gorgias’ concept, who wrote about false speeches possessing the power of conviction because they were written according to the principles proof of art or who defined tragedy as “a deceit, where he who cheats is more just than he who does not and the cheated is wiser than he who was not cheated”. Such determination of the relation between the technical and ethical sphere resulted from Gorgias’ concept of the world and fundamental philosophical principles. The whole concept of art described by Plato in the dialogue opposes the view presented by Gorgias. According to Plato, every technical activity has a defined object (ἔργον), is based on knowledge (ἐπιστήμη) and is always aimed at the good of human soul or body. The danger revealed and presented in the dialogue by Plato exists in the very concept of art presented by Gorgias, i.e. in its empirical foundations and the resulting understanding of the relation between art and good. Gorgias’ concept of art based on empirical cognition, which concerns the world of phenomena and rejects the possibility of perfect knowledge, leads, according to Plato, to a dangerous falsification of the relation between art and good. Plato proves that this weakness of Gorgias’ concept is revealed when confronted with these representatives of “the magnificent art” who are not protected against radicalism by the adherence to the moral tradition. The comparison of two, completely contrasting concepts of art based on different philosophical understanding of knowledge and good is decisive for the criticism of rhetoric in Gorgias. The concept presented by Plato criticises contemporary rhetoric and sophistry but determines the direction of research of the real art of rhetoric. (shrink)

The book, which constitutes part of the current feminist research as broadly understood, deals in particular with issues related to the philosophical approach to women’s experience. The main thrust of the research is to ask questions such as: What is women’s experience? Is it generally possible to speak of women’s typical experiences? Does it influence knowledge, and if so, how? Does it influence women’s perception and interpretation of art, and if so, how? And finally, taking a broader perspective: can women’s (...) experience serve as a basis for distinguishing philosophical theories specific to women? Within the framework of feminist philosophy developed since the 1960s and 70s, researchers have employed the concept of women’s experience, but this concept has not yet been comprehensively elaborated and defined. Importantly, women’s experience also plays an essential role in the project of feminist esthetics, whose isolation from traditional esthetic reflection has been proposed by certain feminist authors. Therefore, the book also discusses the problem of the relationship of women’s experience in the feminist approach to the feminist esthetics postulated by researchers both male and female. The book takes the position that feminist philosophy is an integral part of traditional philosophical research, a part in which the feminist perspective is applied. This perspective is understood as a theoretical research tool, applied in the humanities and social sciences, in order to unmask the gender-related elements in traditional discourses and to determine their impact on the results of the conducted research, i.e., the knowledge obtained thereby. In this sense, the feminist perspective is of an evaluative and critical but also transformative nature, because the purpose of its application is to appreciate and highlight women and the phenomenon of womanhood as well as to incorporate gender-related categories within philosophical reflection and academic research. This goal is expressed in the practical demand for a transformation of sociopolitical practice and theory that takes women’s ways of experiencing reality into account. In this approach, the feminist perspective paradoxically brings us closer to the attainment of more universal, holistic, and gender-transcending knowledge. The order of the considerations presented in the book was dictated by their main objective: a philosophical approach to and description of women’s esthetic experiences. The first part comprises a reconstruction of the historical development of feminism, in which three waves of feminism―which, from the perspective of a contemporary researcher, constitute a historically complete field of research―are discussed in a synthetic manner. The first part of these considerations concludes the introduction to feminist philosophy, specifically through the reconstruction of selected critical arguments advanced by feminist researchers regarding the traditional theory of cognition. The second part of the book covers issues in the field of feminist philosophy. The considerations presented here are focused on the concept of women’s cognitive experience, of which women’s experience of an esthetic character constitutes a particular type. Hence, studies of feminist epistemology are presented first, followed by studies of feminist esthetics. Analysis of the esthetic experiences of women is carried out in two stages: first, through reference to a philosophical approach to women’s cognitive experiences, and second, on this basis, through indicating fundamental differences between feminist and androcentric understandings of esthetic experiences. Although critical references to feminist ideas and solutions appear in many places in the book, on the most general level the considerations presented here are consistent with the feminist ideal of merging theory and practice. Feminism, in essence, has grown from socio-political practice and evolved toward detailed philosophical and scientific theories. Importantly, these theories are continually being revised and creatively developed. Feminist researchers refer to women’s life practices because it is the latter that determines whether a given theory adequately addresses problems affecting women. Therefore, the research presented in the book is focused on women’s experiences, which, in the author’s opinion, constitute the reference point for any and all reflections taking the feminist perspective into account. -/- . (shrink)

Each of us is a measure. The project of advocates of change in Plato’s Theaetetus as compared with sophistic thought -/- Summary -/- One of the most intriguing motives in Plato’s Theaetetus is its historical-based division of philosophy, which revolves around the concepts of rest (represented by Parmenides and his disciples) and change (represented by Protagoras, Homer, Empedocles, and Epicharmus). This unique approach gives an opportunity to reconstruct the views of marginalized trend of early Greek philosophy - so called „the (...) sophistic movement”. Paradoxically, previous research shows little interest in sophistic thought as a source of the standpoint of advocates of change („the secret doctrine”). The roots of „the secret doctrine” were investigated in the works of Heraclitus, Aristippus, and Antisthenes or those related to “neoheracliteanism”. However, researchers did not make any significant attempt to confront this concept with the contemporary research on the sophistic movement. The conviction that sophistry was primarily humanistically oriented was one of the main reasons why researches were opposed to the fact that „the secret doctrine” could represent a true expression of Protagoras’ views. This is why J. Burnet and F. M. Cornford in their seminal works assumed that “the secret doctrine” should be attributed to Plato, who simply combined a series of loose statements into one single project. In this work, we argue that the thesis which questions the parallels between the sophists’ interests and the philosophers of nature requires a significant revision. There is ample evidence to suggest that the philosophy of nature was a part of sophists’ research. This is supported by two main arguments. First, the tutors of sophists were philosophers of nature. Second, there are numerous sources that explicitly show sophists’ interest in the physical issues. These sources include anecdotal evidence about the fact that sophists wrote works On nature. There is also information confirming that they deliberated on detailed physical issues. The analogies between the concepts attributed to the advocates of change and our knowledge about sophists from other sources is very wide and contains most elements, which are included in the project of “changeable reality” presented in Theaetetus. The deliberations on the mechanism of perception, which are close to those of flux theory of perception in Theaetetus, are present in the sources referring to Gorgias of Leontinoi, the famous sophist and rhetorician. Also, the second element of “the secret doctrine” that is the metaphysics of flux matches up with what we know about the sophists’ views from other sources. On this basis, one can deduce that – contrary to the tradition which marginalized the role of sophistic considerations on the issue of being and non-being – it was one of the major subjects of sophistic research. Its main point was the criticism of the Eleatic conception of a single and unchangeable being, which also plays a key role in the doctrine of flux in Theaetetus. The epistemological theses which are presented in Theaetetus are borne out in sophistic sources. They include the definition of knowledge as perception, the „Man-measure” formula and a number of principles, which result from these foundational theses. Sophists’ empirical preferences resonate with the theses of the advocates of change in Theaetetus. Special attention that is given to the issues of differences among people, and even to cognitive differences in one person depending on the changeable states to which a person is subject, goes well together with what we know about reciprocal influence between the sophistry and medicine. The consequences of the epistemological conception present in Theaetetus have their equivalents in sophists’ works and other testimonies. An example of these consequences may be the abolition of truth and falsehood or the abolition of contradiction, which finds its expression in the thesis ouk estin antilegein. The analogies also concern reflections on the language itself. The project of the “new language” uses categories, which were developed by sophists. These include the antithesis of nomos and physis. The general intentions of this project reflect Protagoras’ ideas, at least to the extent to which they are known from the sources reporting his thoughts on language. Plato’s Theaetetus can thus be considered a veritable treasury of sophistic motifs. Even though the problem remains unsolved and one is still not able to unambiguously decide about the author of “the secret doctrine”, one can come to a certain conclusion – even if Plato synthesized various doctrines, he must have relied in his project mostly on the elements that he borrowed from sophists. Moreover, the value of reconstructing the project of the advocates of change in Theaetetus does not consist of mere enumeration of sophistic motifs. The dialogue is key to understanding the sophistic movement, whose separate doctrines – for the lack of sources and as a result of centuries-old disregard – are usually treated as rhetorical formulae that are interpreted in many ways and have no philosophical foundations. If it is really the case that the theses attributed to Protagoras in Theaetetus were actually a part or a derivative of Protagoras’ thought, or – speaking more conservatively – if they constitute a synthesis of sophistic thought done by Plato, they could represent philosophical foundations for the most important sophistic theses: the “Man-measure” formula, the ouk estin antilegein principle, the concept of language as a tool, the idea of the relativity of good and the whole practical sphere of sophists’ activity. Contrary to the views of many researchers, we are certain that the representatives of the sophistic movement did not limit themselves only to the application of practical rules, which determined the extent of their educational or rhetorical-political activity. They were capable of creating – indeed, they did create comprehensive projects that embraced the whole thematic scope subject to philosophical reflection. (shrink)

Adorno’s use of the term “barbarism” has probably been most often referred to in the context of his much- cited dictum that “to write poetry after Auschwitz is barbaric” (Adorno 1983: 34). While, nowadays, the term is usually and fortunately presented within the broader context of his works, his intended meaning was frequently misunderstood particularly after Adorno had articulated it for the first time. For clarity, the aforementioned dictum was not a verdict intended to silence poets or artists. It was (...) rearticulated a few times by Adorno — specifically in response to Celan’s poetry — who calls for arts and culture to respond from within and in the face of an inescapable aporetic condition. Namely, to write poetry after Auschwitz means to write from within a differend—a radical chasm between the signifier and the signified that one neither ought nor could overcome via writing or aesthetic means in general. Yet, poetry (and also art and thinking, per se) as a form of active engagement with sociopolitical realities, has to respond to the ungraspable (i.e., the Holocaust); it cannot simply avoid doing so. It permanently has to speak whilst knowing that it will never reach the addressee; that it must fail in speaking. -/- . (shrink)