May lethal autonomous weapons systems—‘killer robots ’—be used in war? The majority of writers argue against their use, and those who have argued in favour have done so on a consequentialist basis. We defend the moral permissibility of killer robots, but on the basis of the non-aggregative structure of right assumed by Just War theory. This is necessary because the most important argument against killer robots, the responsibility trilemma proposed by Rob Sparrow, makes the same assumptions. We show that (...) the crucial moral question is not one of responsibility. Rather, it is whether the technology can satisfy the requirements of fairness in the re-distribution of risk. Not only is this possible in principle, but some killer robots will actually satisfy these requirements. An implication of our argument is that there is a public responsibility to regulate killer robots ’ design and manufacture. (shrink)

This paper explores the question of whether the United Nations should engage in preventive military actions. Correlatively, it asks whether UN preventive military actions could satisfy just war principles. Rather than from the standpoint of the individual nation state, the ethics of preventive war is discussed from the standpoint of the UN. For the sake of brevity, only the legitimate authority, just cause, last resort, and proportionality principles are considered. Since there has been disagreement about the specific content (...) of these principles, a third question also is explored: How should they be formulated? Moreover, these questions are addressed in the context of a particular issue: the goals of the non-proliferation and the abolition of weapons of mass destruction. (shrink)

Things and Their Place in Theories Our talk of external things, our very notion of things, is just a conceptual apparatus that helps us to foresee and ...

While the idea of philosophy as conceptual analysis has attracted many adherents and undergone a number of variations, in general it suffers from an authority problem with two dimensions. First, it is unclear why the analysis of a concept should have objective authority: why explicating what we mean should express how things are. Second, conceptual analysis seems to lack intersubjective authority: why philosophical analysis should apply to more than a parochial group of individuals. I argue that Hegel’s conception of social (...) ontology, focused on his concept of “ethical life” (Sittlichkeit), helps to explain how concepts (and their explication) have both objective and intersubjective authority in the social domain. Hegel claims that modern institutions are the product of self-conscious purposes, so that they are conceptually constituted. Concepts do not just represent these objects and so depend on a contingent relation to them. As many contemporary social ontologists agree, this means that our concepts of these institutions are uniquely epistemically “transparent.” They have objective authority. Concepts have intersubjective authority in the modern world as well, according to Hegel. However, I show that this feature of Hegel’s account does not rely on the solution to a philosophical problem. Rather, since the concepts of modern ethical life are “essentially contested,” their content depends on the practical and political agreement of modern subjects. This means that concepts can only have objective authority if some prior intersubjective agreement has been reached. The role of philosophy as conceptual analysis is thus importantly dependent on political developments. (shrink)

In recent years, academics and educators have begun to use software mapping tools for a number of education-related purposes. Typically, the tools are used to help impart critical and analytical skills to students, to enable students to see relationships between concepts, and also as a method of assessment. The common feature of all these tools is the use of diagrammatic relationships of various kinds in preference to written or verbal descriptions. Pictures and structured diagrams are thought to be more comprehensible (...) than just words, and a clearer way to illustrate understanding of complex topics. Variants of these tools are available under different names: “concept mapping”, “mind mapping” and “argument mapping”. Sometimes these terms are used synonymously. However, as this paper will demonstrate, there are clear differences in each of these mapping tools. This paper offers an outline of the various types of tool available and their advantages and disadvantages. It argues that the choice of mapping tool largely depends on the purpose or aim for which the tool is used and that the tools may well be converging to offer educators as yet unrealised and potentially complementary functions. (shrink)

We present counterexamples to the widespread assumption that Moorean sentences cannot be rationally asserted. We then explain why Moorean assertions of the sort we discuss do not incur the irrationality charge. Our argument involves an appeal to the dual-process theory of the mind and a contrast between the conditions for ascribing beliefs to oneself and the conditions for making assertions about independently existing states of affairs. We conclude by contrasting beliefs of the sort we discuss with the structurally similar but (...) rationally impermissible beliefs of certain psychiatric patients. (shrink)

Cohen (2023) takes a fair and measured approach to the question of what ChatGPT means for bioethics. The hype cycles around AI often obscure the fact that ethicists have developed robust frameworks...

Sentences about logic are often used to show that certain embedding expressions are hyperintensional. Yet it is not clear how to regiment “logic talk” in the object language so that it can be compositionally embedded under such expressions. In this paper, I develop a formal system called hyperlogic that is designed to do just that. I provide a hyperintensional semantics for hyperlogic that doesn’t appeal to logically impossible worlds, as traditionally understood, but instead uses a shiftable parameter that determines (...) the interpretation of the logical connectives. I argue this semantics compares favorably to the more common impossible worlds semantics, which faces difficulties interpreting propositionally quantified logic talk. (shrink)

As Socrates famously noted, there is no more important question than how we ought to live. The answer to this question depends on how the reasons that we have for living in various different ways combine and compete. To illustrate, suppose that I've just received a substantial raise. What should I do with the extra money? I have most moral reason to donate it to effective charities but most self-interested reason to spend it on luxuries for myself. So, whether (...) I should live my life as I have most moral reason to live it or as I have most self-interested reason to live it depends on how these and other sorts of reasons combine and compete to determine what I have most reason to do, all things considered. This Element seeks to figure out how different sorts of reasons combine and compete to determine how we ought to live. (shrink)

Albert Musschenga | : The central question of this article is, Are animals morally responsible for what they do? Answering this question requires a careful, step-by-step argument. In sections 1 and 2, I explain what morality is, and that having a morality means following moral rules or norms. In sections 3 and 4, I argue that some animals show not just regularities in their social behaviour, but can be rightly said to follow social norms. But are the norms they (...) follow also moral norms? In section 5, I contend, referring to the work of Shaun Nichols, that the basic moral competences or capacities are already present in nonhuman primates. Following moral rules or norms is more than just acting in accordance to these norms; it requires being motivated by moral rules. I explain, in section 6, referring to Mark Rowlands, that being capable of moral motivation does not require agency; being a moral subject is sufficient. Contrary to moral agents, moral subjects are not responsible for their behaviour. Stating that there are important similarities between animal moral behaviour and human, unconscious, automatic, habitual behaviour, I examine in section 7 whether humans are responsible for their habitual moral behaviour, and if they are, what then the grounds are for denying that moral animals are responsible for their behaviour. The answer is that humans are responsible for their habitual behaviour if they have the capacity for deliberate intervention. Although animals are capable of intervention in their habitual behaviour, they are not capable of deliberate intervention. | : La question centrale dans cet article est celle de savoir si les animaux sont moralement responsables de ce qu’ils font. Répondre à cette question nécessite une argumentation minutieuse et progressive. Dans les sections 1 et 2, j’explique ce qu’est la moralité, et qu’être doté de moralité signifie de se conformer à des règles ou à des normes morales. Dans les sections 3 et 4, je pose que certains animaux ne se contentent pas de montrer des régularités dans leur comportement social, mais qu’ils suivent aussi véritablement des normes sociales. Toutefois, les normes qu’ils suivent sont-elles morales? Dans la section 5, je prétends, en me référant aux travaux de Shaun Nichols, que les compétences ou capacités morales de base sont déjà présentes chez les primates non humains. Respecter des règles ou des normes morales est bien plus que d’agir conformément à ces normes; cela requiert d’être motivé par des règles morales. Dans la section 6, me référant à Mark Rowlands, j’explique que d’être capable de motivation morale ne nécessite pas d’être un agent moral; le fait d’être un sujet moral suffit. Contrairement aux agents moraux, les sujets moraux ne sont pas responsables de leur comportement. Affirmant qu’il y a de grandes similitudes entre le comportement moral d’un animal et le comportement inconscient, automatique et habituel d’un humain, je me penche, dans la section 7, sur la question de savoir si les humains sont responsables de leur comportement moral habituel, et si tel est le cas, sur quelle base on peut alors nier le fait que les animaux sont eux aussi responsables de leur comportement. La réponse à cette question est que les humains sont responsables de leur comportement habituel s’ils disposent d’une capacité d’intervention réfléchie, délibérée. Bien que les animaux soient capables d’intervenir dans leurs comportements habituels, ils ne peuvent le faire de manière réfléchie, délibérée. (shrink)

In this chapter, I consider the largely overlooked influence of E. W. von Tschirnhaus' treatise on method, the Medicina mentis, on Wolff's early philosophical project (in both its conception and execution). As I argue, part of Tschirnhaus' importance for Wolff lies in the use he makes of principles gained from experience as a foundation for the scientific enterprise in the context of his broader philosophical rationalism. I will show that this lesson from Tschirnhaus runs through Wolff's earliest philosophical discussions, and (...) indeed continues to inform his major texts in logic and mathematics just before the publication of the German Metaphysics. In the end, my discussion has the effect of revealing Tschirnhaus to be an exceptionally important influence on Wolff's development, perhaps even as important (or so I suggest) as Leibniz. (shrink)

When attempting to capture the concept of enlightenment that underlies and motivates philosophical (and political and scientific) developments in the 18th century, historians of philosophy frequently rely upon a needlessly but intentionally exclusive account. This, namely, is the conception of enlightenment first proposed by Kant in his famous essay of 1784, which takes enlightenment to consist in the “emergence from the self-imposed state of minority” and which is only possible for a “public” to attain as a result of the public (...) use of reason, a privilege enjoyed by citizens and exemplified in the activity of the scholar. That women, among other groups, did not hold the status of citizens and did not enjoy access to the institutions or training that might gain them recognition as scholars is apparently not a concern for Kant, as he notes that the enlightened condition is likely out of reach anyway for “by far the greatest part of humankind (including the entire fair sex)” (AA 8:35). This naturally leads one to wonder what a history of this period could look like when considered from the perspective of a different, more inclusive conception of enlightenment, and in this chapter I propose to conduct an experiment of sorts just along these lines. As opposed to Kant’s exclusionary conception, I will instead take that proposed by his distinguished contemporary, Moses Mendelssohn, as my starting point. In addition to offering a conception of enlightenment distinctive both for its wide scope and progressive character, Mendelssohn’s has the advantage, or so I will show, of bringing the manifold intellectual contributions of a diverse set of women into focus, though it does more than this in that it also reveals these women to actively and critically engage with key aspects of Mendelssohn’s and others’ philosophical views. (shrink)

Is the mind flat? Chater (2018) has recently argued that it is and that, contrary to traditional psychology and standard folk image, depth of mind is just an illusory confabulation. In this paper, we argue that while there is a kernel of something correct in Chater’s thesis, this does not in itself add up to a critique of mental depth per se. We use Chater’s ideas as a springboard for creating a new understanding of mental depth which builds upon (...) findings in contemporary cognitive science. First, we rely on the predictive processing framework in order to determine a proposed neural contribution to mental depth, specifically in hierarchical predictive knowledge. Second, drawing from an embodied approach to cognition, we argue that mental depth results from the depth of our embodied skills and the situations in which we are embedded. This allows us to introduce to a new realist notion of mental depth, one which can only be explained once we attend to the dense patterns of skillful interaction within a rich artefactual and social environment. (shrink)

Computational neuroscience attributes coloured areas and other perceptual qualia to calculations that are realizable in multiple cellular forms. This faces serious issues in explaining how the various qualia arise and how they bind to form overall perceptions. Qualia may instead be neuroelectrical. Growing evidence indicates that perceptions correlate with neuroelectrical activity spotted by locally activated EEGs, the different qualia correlate with the different electrochemistries of unique detector cells, a unified neural-electromagnetic field binds this activity to form overall perceptions, and this (...) field interacts with sensory circuits to help attentively guide perception. The coloured areas in images may thus be seated in the electrochemistry of unique cells, while constancy mechanisms and other multiply realizable computations just help refine these images behind the scenes. This theory is ultimately testable. (shrink)

In this talk, I’d like to focus not on external technologies like computers, smart boards, virtual experience, nor the Orgasmatron in Woody Allen’s movie Sleeper (1973), but rather on some of the possible social implications of bodily implanted devices on the future of human nature and society. In other words, I’ll leave the science underlying cyborgs to the boffins in engineering, computer science and artificial intelligence, and just focus on some conceptualizations of the word ‘cyborg’, along with possible social (...) implications and concerns surrounding cyborgization. (shrink)

The mind-body problem arises because all theories about mind-brain connections are too deeply obscure to gain general acceptance. This essay suggests a clear, simple, mind-brain solution that avoids all these perennial obscurities. (1) It does so, first of all, by reworking Strawson and Stoljar’s views. They argue that while minds differ from observable brains, minds can still be what brains are physically like behind the appearances created by our outer senses. This could avoid many obscurities. But to clearly do so, (...) it must first clear up its own deep obscurity about what brains are like behind appearances, and how they create the mind’s privacy, unity and qualia – all of which observable brains lack. (2) This can ultimately be done with a clear, simple assumption: our consciousness is the physical substance that certain brain events consist of beyond appearances. For example, the distinctive electrochemistry in nociceptor ion channels wholly consists of pain. This rejects that pain is a brain property: instead it’s a brain substance that occupies space in brains, and exerts forces by which it’s indirectly detectable via EEGs. (3) This assumption is justified because treating pains as physical substances avoids the perennial obscurities in mind-body theories. For example, this ‘clear physicalism’ avoids the obscure nonphysical pain of dualism and its spinoffs. Pain is instead an electrochemical substance. It isn’t private because it’s hidden in nonphysical minds, but instead because it’s just indirectly detected in the physical world in ways that leave its real nature hidden. (4) Clear physicalism also avoids puzzling reductions of private pains into more fundamental terms of observable brain activity. Instead pain is a hidden, private substance underlying this observable activity. Also, pain is fundamental in itself, for it’s what some brain activity fundamentally consists of. This also avoids reductive idealist claims that the world just exists in the mind. They yield obscure views on why we see a world that isn’t really out there. (5) Clear physicalism also avoids obscure claims that pain is information processing which is realizable in multiple hardwares (not just in electrochemistry). Molecular neuroscience now casts doubt on multiple realization. Also, it’s puzzling how abstract information gets ‘realized’ in brains and affects brains (compare ancient quandries on how universals get embodied in matter). A related idea is that of supervenient properties in nonreductive physicalism. They involve obscure overdetermination and emergent consciousness. Clear physicalism avoids all this. Pain isn’t an abstract property obscurely related to brains – it’s simply a substance in brains. (6) Clear physicalism also avoids problems in neuroscience. Neuroscience explains the mind’s unity in problematic ways using synchrony, attention, etc.. Clear physicalism explains unity in terms of intense neuroelectrical activity reaching continually along brain circuits as a conscious whole. This fits evidence that just highly active, highly connected circuits are fully conscious. Neuroscience also has problems explaining how qualia are actually encoded by brains, and how to get from these abstract codes to actual pain, fear, etc.. Clear physicalism explains qualia electrochemically, using growing evidence that both sensory and emotional qualia correlate with very specific electrical channels in neural receptors. Multiple-realization advocates overlook this important evidence. (7) Clear physicalism thus bridges the mind-brain gulf by showing how brains can possess the mind’s qualia, unity and privacy – and how minds can possess features of brain activity like occupying space and exerting forces. This unorthodox nonreductive physicalism may be where physicalism leads to when stripped of all its reductive and nonreductive obscurities. It offers a clear, simple mind-body solution by just filling in what neuroscience is silent about, namely, what brain matter is like behind perceptions of it. (shrink)

Interest in imagination dates back to Plato and Aristotle, but full-length works have been devoted to it only relatively recently by Sartre, McKellar, Furlong, Casey, Johnson, Warnock, Brann, and others. Despite their length and variety, however, these current theories take overly narrow views of this complex phenomenon. Their definitions of “imagination” neglect the multiplicity of its meanings and tend to focus narrowly on the power of imaging alone. But imagination in the fullest, most encompassing sense centers instead on creativity, which (...) involves both imaging and reasoning powers. Current accounts of the operations of imagination narrowly construe it in fixed, immutable terms. But it’s instead a dynamic, evolving synergy of its psychological roots and sociobiological roots. This synergy has transformed the roles of images and symbols in imagination. For example, in the shift from mytheopic to scientific imagination, literacy and formal education fostered abstract symbolic thinking, which differs from mytheopic thinking based on richly concrete associations. The result was “more than cool reason”, but experimental studies show that it’s also more than just dreamy imagery. It’s a dynamic synergy of the two that has transformed both. Current evaluations of imagination’s potentials are also narrow. They tend to focus on its role in mental life while ignoring social and political life. Also, they tend to follow romantic and existentialist customs of extolling imagination’s virtues without soberly critiquing its limitations. Again, they ignore the synergy of psychological, sociological and biological forces that shape mental and social evolution, and promote and constrain imagination in complex ways. For example, Sartre surreally asks us to choose our own nature with an imagination emancipated from institutional and instinctual strictures. Yet making intelligible choices depends on these strictures. In conclusion, current theories define imagination narrowly in terms of imaging, they describe its operations in fixed and immutable terms, and they evaluate its potentials without examining the full interplay of forces shaping it. These shortcomings are remedied by a broader perspective that defines imagination more adequately and comprehensively, and that recognizes it’s complex roots, dynamic operations, and evolving potentials. This paper is based on my 1994 work, The Roots of Imagination, which can be downloaded in full here in PhilPapers. (shrink)

Loneliness in medicine is a serious problem not just for patients, for whom illness is intrinsically isolating, but also for physicians in the contemporary condition of medicine. We explore this problem by investigating the ideal physician-patient relationship, whose analogy with friendship has held enduring normative appeal. Drawing from Talbot Brewer and Nir Ben-Moshe, we argue that this appeal lies in a dynamic form of companionship incompatible with static models of friendship-like physician-patient relationships: a mutual refinement of embodied virtue that (...) draws both persons together. The ideal physician-patient relationship has a dialectical character that fosters each member's improvement of phenomenologically recognizing and embodying moral virtues. A key component of this dynamic is a commitment to the common goal of the patient's health, realized through joint interactivities and conversations over time. The physician's presence to the patient's suffering—understood best as an alienating phenomenological condition for the patient—orients and discloses possibilities for virtuous caregiving by structuring the meanings of the goals, conversations, and joint narrative constitutive of their relationship. Presence to suffering, paradoxically, is perhaps an important prerequisite for this dynamic partnership. These activities dialectically build an interpretive horizon of understanding through which moral goods and character refinement—in and for the other—may become revealed for both persons in their shared being-in-the-world. This analysis of suffering, mood, and revealing of (possible) moral goods has implications for addressing the modern problem of loneliness for patients and physicians, who are increasingly inhibited from building flourishing relationships with each other. (shrink)

Traditional ways of characterizing humans and persons are vague and simplistic. For example, persons are often defined as having free will and responsibility – but what actual powers underlie these vague metaphysical abstractions? Traditional answers like "rationality" and "creativity" are still vague, and also simplistic. Similar traits appear as defining traits of humans, yet we’re far too complex to be distinguished from other species in such simple and tight ways. But there may be a looser hallmark of humans that (...) class='Hi'>just serves to best distinguish our complex package of traits from those of other species. It will be argued that while humans and persons differ, the underlying hallmark of both is their innately powerful, symbolically organized minds and societies. This seems to capture what is most distinctive about humans without the vagueness or oversimplification above. It explains how creativity, rationality, etc. arose in stages from precursors, and what is distinctive about their human forms. It also helps clarify what underlies the free will and responsibility of persons. It might also say interesting things about persons that may have evolved elsewhere, for example, that we have similar mentalities and evolutions, and that we are capable of mutual understanding. Finally, it might help weigh our evolutionary importance. (shrink)

On the New Politics: an Introduction to Evolutionity (publ. in Polish). In this article I introduce a vision of the new politics that emerges from my recent book Tractatus Politico-Philosophicus. The Tractatus discusses a number of topics. To name just a few, these are: politics, human nature, the state, freedom, solidarity, democracy, civilization, family and marriage, power, international relations, war and peace. Also, it introduces new words, such as sophocracy, ennobled democracy; nativeculturalism, an alternative to multiculturalism; or parentsexuality, a (...) privileged form of sexuality. It addresses many issues that concern today’s political thinkers. The main objective of my work is to demonstrate the necessity of, and provide a guide for, the redirection of humanity. I argue that this paradigm shift must involve changing the character of social life and politics from competitive to cooperative, encouraging moral and intellectual virtues, providing foundations for happy societies, promoting peace among countries and building a strong international community. I try to show that the essence of politics is not a struggle for power, which can only be its derivative meaning, but rather the ability to organize society for cooperation and actualize a good life. Also, I try to remind humanity of its high task, which is moral and intellectual perfection, and to advance human evolution. (shrink)

Russell argued that we can’t know what brains are really like behind our perceptions of them, so minds can conceivably reside in brains. Physicalist-leaning Russellians from Feigl to Strawson try to avoid physicalist and dualist issues with this Russellian idea. Strawson also tries to avoid emergentist issues through panpsychism. Yet critics feel that these Russellians don’t really avoid these issues, but just recast them in new forms. For example, dualist issues arguably remain because it’s hard to see how private (...) pains or colors can reside in solid, grainy, publicly observable brains. Emergence issues arguably remain because panpsychism seems equally unclear as emergentism about how minds arise from brains. This paper revises Strawson and Feigl, while building on recent progress in defusing panpsychism’s emergence issues. It tries to intelligibly formulate Russell’s idea so as to avoid the perennial issues in Russellian and non-Russellian theories, without raising new issues of its own. (shrink)

If we want to see justice done with regard to responsibility, then we must either (i) allow that people are never morally responsible, (iia) show that luck is not ubiquitous or at least that (iib) ubiquitous luck is not moral, or (iii) show that ascriptions of responsibility can retain justice despite the omnipresence of luck. This paper defends (iii); ascriptions of responsibility can be just even though luck is ubiquitous.

I argue that when determining whether an agent ought to perform an act, we should not hold fixed the fact that she’s going to form certain attitudes (and, here, I’m concerned with only reasons-responsive attitudes such as beliefs, desires, and intentions). For, as I argue, agents have, in the relevant sense, just as much control over which attitudes they form as which acts they perform. This is important because what effect an act will have on the world depends not (...) only on which acts the agent will simultaneously and subsequently perform, but also on which attitudes she will simultaneously and subsequently form. And this all leads me to adopt a new type of practical theory, which I call rational possibilism. On this theory, we first evaluate the entire set of things over which the agent exerts control, where this includes the formation of certain attitudes as well as the performance of certain acts. And, then, we evaluate individual acts as being permissible if and only if, and because, there is such a set that is itself permissible and that includes that act as a proper part. Importantly, this theory has two unusual features. First, it is not exclusively act-orientated, for it requires more from us than just the performance of certain voluntary acts. It requires, in addition, that we involuntarily form certain attitudes. Second, it is attitude-dependent in that it holds that which acts we’re required to perform depends on which attitudes we’re required to form. I then show how these two features can help us both to address certain puzzling cases of rational choice and to understand why most typical practical theories (utilitarianism, virtue ethics, rational egoism, Rossian deontology, etc.) are problematic. (shrink)

In this paper, I argue that we have obligations not only to perform certain actions, but also to have certain attitudes (such as desires, beliefs, and intentions), and this despite the fact that we rarely, if ever, have direct voluntary control over our attitudes. Moreover, I argue that whatever obligations we have with respect to actions derive from our obligations with respect to attitudes. More specifically, I argue that an agent is obligated to perform an action if and only if (...) it’s the action that she would perform if she were to have the attitudes that she ought to have. This view, which I call attitudism, has three important implications. First, it implies that an adequate practical theory must not be exclusively act-orientated. That is, it must require more of us than just the performance of certain voluntary acts. Second, it implies that an adequate practical theory must be attitude-dependent. That is, it must hold that what we ought to do depends on what attitudes we ought to have. Third, it implies that no adequate practical theory can require us to perform acts that we would not perform even if we were to have the attitudes that we ought to have. I then show how these implications can help us both to address certain puzzling cases of rational choice and to understand why most typical practical theories (utilitarianism, rational egoism, virtue ethics, Rossian deontology, etc.) are mistaken. (shrink)

In looking toward the futures of Europe, the focal point of the legal and governmental aspects of European life has recently become the Treaty Establishing a Constitution of Europe - or just the "Constitution" as it has become colloquially known. That socio-linguistic act of referring to a document as a constitution is a mammoth move. First, it ignores all of the concerns and handwringing around the idea of producing a legal document called a constitution that might immediately be thought (...) of as a sovereign-building document, such as the German constitution of the Irish constitution. Second, it suggests that the people of Europe are in some way similarly situated as together to constitute something. In this article, the author continues a series of reflections on words regarding futures, and takes an extensive look at the use, misuse and power of the word "constitution". (shrink)

Plato’s Socrates holds that we always have reason to be just, since being just is essential for living a happy and successful life. In Book II of Plato’s Republic, Socrates’ main interlocutor, Glaucon, raises a vivid and powerful challenge to this claim. He presents the case of Gyges, a Lydian shepherd who possesses a ring that gives him the power of invisibility. Glaucon’s contention is that Gyges does not have reason to be just in this circumstance, since (...) being just will not promote his happiness. Thus, the argument poses the following challenge: what reason do we have to be just, particularly in circumstances where we can get away with injustice? In this essay, we describe Glaucon’s challenge, highlight its similarity to challenges offered by other skeptical figures in the history of philosophy, namely, Hobbes’ Foole and Hume’s sensible knave, and present three broad lines of response. (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)

On the History of Political Philosophy: Great Political Thinkers from Thucydides to Locke is a lively and lucid account of the major political theorists and philosophers of the ancient Greek, Roman, medieval, renaissance, and early modern periods. The author demonstrates the continuing significance of some political debates and problems that originated in the history of political philosophy. Topics include discussions concerning human nature, different views of justice, the origin of government and law, the rise and development of different forms of (...) government, idealism and realism in international relations, the distinction between just and unjust war, and the sources of public authority and the nature of legitimate sovereignty. The organizing principle of the book is the idea that the great political thinkers were searching for the best political order and a criterion for human conduct in both domestic and international politics. The book presupposes no previous knowledge of political philosophy. It will therefore be a valuable introductory book for students of philosophy, politics, and international relations. As it opens eyes to the perceptions that historical knowledge may convey, it will also be an illuminating and engaging reading for a general reader. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Comments on “Moral Complicity in Induced Pluripotent Stem Cell Research”W. Malcolm Byrnes, Ph.D. and Edward J. FurtonIn his article titled “Moral Complicity in Induced Pluripotent Stem Cell Research,” Mark T. Brown (2009) unfortunately mischaracterizes my ethical analysis of the use of induced pluripotent stem (iPS) cells for replacement therapies, or treatments (Byrnes 2008). In my paper, which Brown cites, I argue that, just as it is ethically acceptable (...) for parents to allow their children and themselves to be immunized using vaccines produced by cell lines derived from human fetuses aborted in the past, it is also acceptable for persons in the future to benefit from treatments that use iPS cells validated using human embryonic stem (ES) cell lines [End Page 202] derived in the past. The assumption I make is that iPS cells would have to be shown to be functionally equivalent to human ES cells—i.e., validated—before they could be used for cell replacement treatments. (If it turns out that this assumption is incorrect, and primate or even mouse ES cells can be used for the validation, then all residual ethical problems will disappear and there will be no ethical problems whatsoever associated with iPS cells.) I wrote:... [I]n both cases, the origin of the treatment is in a one-time event: either the one-time use of aborted fetuses to obtain cell lines (e.g., MRC-5 and WI- 38) to grow weakened virus strains for vaccine production, or the one-time destruction of human embryos to validate iPS cells, which then effectively replace embryonic stem cells. In the latter case, if no additional embryonic stem cell lines are derived, then derivation of the existing lines could be considered a “one-time” event in the past, albeit an event that extended over a several-year period(Byrnes 2008, p. 287, emphasis added).Note the phrase “if no additional embryonic stem cell lines are derived.” The derivation of ES cell lines inherently involves destruction of embryos; indeed, that is why many people, including me, are opposed to human ES cell research. In my article, I am arguing that, if no additional ES cell lines are derived, then no additional human embryos will be destroyed, and the destruction of human embryos will lie in the past. In this case, embryo destruction could be considered a past event, just as the abortion of a human fetus from which vaccine-producing cell lines were derived is a past, albeit tragic, event.In the process of building his argument that proponents of iPS cell research are morally complicit in embryo destruction, Brown (2009, p. 15) casts me as being in favor of the “derivation of new embryonic stem [cell lines].” This is the exact opposite of my position. In fact, I am opposed to further destruction of human embryos. I believe that the hundreds of ES cell lines already in existence are more than sufficient to validate iPS cells and so no additional lines need to be derived. This means that no additional human embryos will need to be destroyed.Apparently based on the misperception that I support future destruction of human embryos, Brown concludes that “Byrnes’s endorsement of ongoing iPSC validation studies would seem to implicate him and those who follow his lead in formal and material complicity in what they perceive as moral evil” (p. 16). He writes that “explicit formal complicity would attach because he [Byrnes] knowingly and intentionally recommends that embryos be killed in order to facilitate a transition to a future in which no more embryos need be destroyed” (p. 16). Additionally, my “followers” and I would be guilty of “proximate material complicity” as well as “remote material complicity” (p. 16). Unfortunately, this broad condemnation is based on a misconception of my actual position.An additional problem involves Brown’s use of a quotation he attributes to me: [End Page 203]Once embryonic stem cells are used to successfully validate iPS cells, they will no longer be needed and their association with iPS cells will lie in the past. Is there not an element of sadness and resignation in accepting something (iPS cells) associated with an unjust act (destruction of an... (shrink)

Imagine both that (1) S1 is deliberating at t about whether or not to x at t' and that (2) although S1’s x-ing at t' would not itself have good consequences, good consequences would ensue if both S1 x's at t' and S2 y's at t", where S1 may or may not be identical to S2 and where t < t' ≤ t". In this paper, I consider how consequentialists should treat S2 and the possibility that S2 will y at (...) t". At one end of the spectrum, consequentialists would hold that, in deciding whether or not to x at t', S1 should always treat S2 as a force of nature over which she has no control and, thus, treat the possibility that S2 will y at t" as she would the possibility that a hurricane will take a certain path. On this view, S1 is to predict whether or not S2 will y and act accordingly. At the other end of the spectrum, consequentialists would hold that S1 should always treat S2 as someone available for mutual cooperation and, thus, treat the possibility that S2 will y at t" as something to be relied upon. On this view, S1 is to rely on S2’s cooperation and so play her part in the best cooperative scheme involving the two of them. A third and intermediate position would be to hold that whether S1 should treat S2 as a force of nature or as someone available for mutual cooperation depends on whether S1 can see to it that S2 will y at t" by, say, having the right set attitudes. I’ll argue for this third position. As we’ll see, an important implication of this view is that consequentialists should be concerned not just with an agent’s voluntary actions but also with their involuntary acquisitions of various mental attitudes, such as beliefs, desires, and intentions. Indeed, I will argue that consequentialists should hold both that (1) an agent’s most fundamental duty is to have all those attitudes that she has decisive reason to have and only those attitudes that she has sufficient reason to have and that (2) she has a derivative duty to perform an act x if and only if her fulfilling this fundamental duty ensures that she x’s. Thus, I argue (as Donald Regan did before me) that consequentialism should not be exclusively act-orientated – that it should require agents not only to perform certain voluntary actions but also to have certain attitudes. In the process, I develop a new version of consequentialism, which I call attitude-consequentialism. (The latest version of this paper can always be found at: https://dl.dropboxusercontent.com/u/14740340/Consequentialism%20and%20Coordination%20Problems.pdf) -/- . (shrink)

Are people with flawed faces regarded as having flawed moral characters? An “anomalous-is-bad” stereotype is hypothesized to facilitate negative biases against people with facial anomalies (e.g., scars), but whether and how these biases affect behavior and brain functioning remain open questions. We examined responses to anomalous faces in the brain (using a visual oddball paradigm), behavior (in economic games), and attitudes. At the level of the brain, the amygdala demonstrated a specific neural response to anomalous faces—sensitive to disgust and a (...) lack of beauty but independent of responses to salience or arousal. At the level of behavior, people with anomalous faces were subjected to less prosociality from participants highest in socioeconomic status. At the level of attitudes, we replicated previously reported negative character evaluations made about individuals with facial anomalies, and further identified explicit biases directed against them as a group. Across these levels of organization, the specific amygdala response to facial anomalies correlated with stronger just-world beliefs (i.e., people get what they deserve), less dispositional empathic concern, and less prosociality toward people with facial anomalies. Characterizing the “anomalous-is-bad” stereotype at multiple levels of organization can reveal underappreciated psychological burdens shouldered by people who look different. (shrink)

This work presents a new theory of imagination which tries to overcome the overly narrow perpectives that current theories take upon this enigmatic, multi-faceted phenomenon. Current theories are narrowly preoccupied with images and imagery. This creates problems in explaining (1) what imagination is, (2) how it works, and (3) what its strengths and limitations are. (1) Ordinary language identifies imagination with both imaging (image-making) and creativity, but most current theories identify imagination narrowly with imaging while neglecting creativity. Yet imaging is (...) a narrow power, while creativity is a broad power whose roots include imaging. Imagination in its fullest sense is thus creativity. Current theories are just about imaging, not imagination in its fullest sense. (2) This preoccupation with imagery leads current theories to ignore imagination’s transformation into more rational forms (as in the shift from myth and imagery to philosophy and reason). They see imagination in static, invariable terms, while it’s actually a dynamic, creative synergy with various roots and with an evolving history. (3) Current theories extol imagination’s powers but neglect its limitations, though both are essential to effectively use and understand imagination. Again, a culprit is the narrow preoccupation with imagery: these theories neglect the more rational forms of imagination that best reveal its full powers and perils. This work tries to remedy these shortcomings. Its aim is to more fully understand imagination by focusing not just upon imagery, but more broadly upon the evolving synergies between all of its various roots – biological, psychological and sociological – from which all its various structures, powers and limitations derive. Only with a comprehensive perspective such as this can we begin to adequately understand what imagination is, how it works, and what it can and cannot do. The overall findings of this work in these three areas are fully summarized in its final chapter. To download this work successfully, persist with options if error message appears (or contact me at [email protected]). (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)

Academic Placement Data and Analysis (APDA), a project funded by the American Philosophical Association (APA) and headed by Carolyn Dicey Jennings (UC Merced), aims “to make information on academic job placement useful to prospective graduate students in philosophy.” The project has just been updated to include new data, which Professor Jennings describes in a post at New APPS. She also announces a new interactive data tool with which one can sift through and sort information. (from Daily Nous).

A picture held us captive. And we could not get outside it, for it lay in our language and our language seemed to repeat it to us inexorably. -/- Can an image create a future? Can a word create a future? Most emphatically,‘yes’, I would say. Moreover, not only can words and images create a future, they are the only means of future creation. They are that important because they are that close to our creation of meaning. Thus, it makes (...) perfect sense to look to word and image in its most voluminous form—film—to see suggestions of what some of the future(s) might be. -/- This is not an analysis in the standard sense of a film review. My only comments lie with the creation of future(s) in language and for present purposes, perhaps even more so, in image. There is one important point to be made about one particular word right here at the outset, though. One of the most important criticisms in future studies is that we treat the future as an inevitable manifesting of itself—something that happens ‘out there’, beyond our control or influence. Consequently, there is only one future, as though it is already written in the script of a God, and we are playing it out on stage. This attitude is reflected in language insofar as we consider it standard to use definite, rather than indefinite articles; that is, to say the future, just as we say the present and the past. In fact, we do have some say in the future(s). It is not some sort of intentionally-guided say that we have, however. And it is certainly not some sort of happy control of destiny. It is more of a structural influence. That influence is an influence whereby we create an atmosphere of possibilities. (shrink)

There are two different ways in which one can connect the declarations of a worldwide financial crisis and a worldwide climate crisis. The first way has relatively clear legal aspects and requires just a bit of extra thought to see the connection. Insofar as institutions and sources of law have attempted to address climate change to date, states have come to regard the United Nations Convention on Climate Change (UNFCCC) and the Protocol thereto, signed during a regular annual Conference (...) of the Parties in 1997 at Kyoto, as the organizing force of all serious legal actions. There are two foci of the UNFCCC and Protocol - mitigation of the causes of climate change and adaption to the effects of climate change. In the first ten years of life with the UNFCCC, much of the focus was upon mitigation. During that period, adaptation was regarded as only a regrettable fallback position to be considered if we were unable (or as it turns out, unwilling) to mitigate. (shrink)

Much too often, we are guilty of monumentalizing historical persons. As monuments, these people stop being persons, and instead function as placeholders. Monuments can be placeholders for that which is good, or that which is bad. Depending upon one's predictions for such phenomena as "The Enlightenment" and "The Scientific Revolution", one is likely to place either wreaths or garbage at the foot of the monument that is René Descartes. To his credit, Keith Devlin does neither in "Goodbye,Descartes". In the post-war (...) era, trendy circles often find Descartes to be the convenient whipping-boy for all that is wrong with our relationship to the natural world: the subject-object divide, a dispassionate attitude, hyper-rationality, and a context-free world of practices. This use of Descartes ultimately means that no longer does anyone seriously examine his work or closely trace its ramifications. Instead one just evokes his name as the locus of rationality, the side of the Enlightenment, or the turning point from enchantment. (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)

The problem of revisionism, or efforts to deny and censor the incontrovertible history of known genocides, is a growing one. It is now clear that denial is inevitably a phase of the genocidal process, extending far beyond the immediate politically expedient denials of governments who are currently engaging in genocidal massacre or have just recently done so—i.e., the Chinese government's abject denials of the killings of some 5,000 in Tiananmen Square, or the Sri Lanka government's denials of the state-organized (...) massacre of 5,000 Tamil. Denials of genocide continue long after the event by a variety of groups and people, including successor governments or successor enemies of the victim people, such as anti-Semites against Jews, Turks against Armenians, and bigots and celebrants of violence and murder of all sorts. But such denials also occur—and this is the most perplexing fact—among a variety of not obviously malevolent people, including intellectuals who, in the process of calling for a better world, effectively exonerate, support, encourage, and participate in denials of a known genocide, implicitly condoning and even celebrating its occurrence, meanings, and portents for the future. This article is an effort to study and analyze this latter phenomenon, which has been little recognized. Together with previous essays on the psychology of more explicit malevolent denials of genocide, the intention is to generate a broader psychological theory of denials of genocide and revisionism by proposing that there are also a variety of “innocent denials” of the factual reality or significance of known cases of genocide, and a variety of “innocent disavowals of violence” which in truth celebrate the violence. These “innocent denials” join with the well-known explicit bigots in creating a vast panorama of dangerous denials of genocides and implicit calls to new genocides in our world. (shrink)

Modern rationalism transformed the modern homeland to a discursive space and time by means of institutes governing the modern society in all its walks. Based on the Newtonian and Kantian conception of space and time the discursive field is just a scene wherein any human individual adopts stewardship to create progress by reducing landscape and non-human life to auxiliary items for human’s benefit. In contrast, Aldo Leopold considered humans, non human life and the landscape as mutually influencing participants and (...) enlarged ethical care to all living participants and the landscape, called ´the land´. Integrity and autonomy of the homeland are the central topics of Leopold’s land ethics. Baird Callicott suggested to complete it with new metaphysical conceptions of space and time. -/- We formulated a metaphysical background for Leopold’s land ethics by phenomenology of space and time based on the Leibnizian conception of space-time. The latter is constructed by particular places and events called ´ecotopois´ embracing all human participants, locals and foreigners in a varying symbolic temporal and spatial field of dynamic process of identification and self consciousness. Adopting Warwick Fox´ transpersonal identification idea non-human life and landscape enriches these processes. Finally, it is not a matter of conquering the land, it is matter of making a community. -/- Though landscape and participants are particular, integrity and autonomy of the homeland claim the universal status of the land. Adopting Gadamer hermeneutical way of understanding, we reject mutual and equally understanding. Only acceptance of mutual prejudice makes room for asymmetric praxis between locals and foreigners as well as between humans and non-humans. What is more, Gadamer´s hermeneutics makes an ontological status of the foreigner possible and recognizes the interest of homeland’s particularity. This universal status is guaranteed as a priori space-time that links subject’s tradition and that of the land to actual contact with the foreigner. Transpersonal identification is a consequence of converging hermeneutical understanding of foreigner’s particularity and that of the landscape. Ethics of the land evolves from the ethical status of any foreigner in the own homeland. -/- . (shrink)

This is the short version, in French translation by Anne Querrien, of the originally jointly authored paper: Müller, Vincent C., ‘Autonomous killer robots are probably good news’, in Ezio Di Nucci and Filippo Santoni de Sio, Drones and responsibility: Legal, philosophical and socio-technical perspectives on the use of remotely controlled weapons. - - - L’article qui suit présente un nouveau système d’armes fondé sur des robots qui risque d’être prochainement utilisé. À la différence des drones qui sont manoeuvrés à distance (...) mais comportent une part importante de discernement humain, il s’agit de machines programmées pour défendre, attaquer, ou tuer de manière autonome. Les auteurs, philosophes, préfèrent prévenir de leur prochaine diffusion et obtenir des Nations Unies leur régulation. Une campagne internationale propose plutôt leur interdiction. (shrink)

Abstract: In chapter 15 of A Materialist Theory of the Mind, D.M.Armstrong offers an account of what he calls “the biological value of introspection”, namely, that “without information…about the current state of our minds, purposive trains mental activity would be impossible.” This paper examines and assesses Armstrong’s “Just-so story about introspective consciousness”—as W.G.Lycan later called it. One moral will be that appreciating this aspect of Armstrong’s view blurs the difference between his own perceptual model of introspection, and the anti-perceptual (...) models advanced by such critics as Sydney Shoemaker . (shrink)

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)

The contribution focuses on philosophical issues of justice of positive law in the light of the social teaching of John Paul II. The analyses start with consideration of anthropological foundations of justice as virtue, develop with the reflexion upon justice of actions realizing justice and finally arrive at examination of the criteria of justice of law. -/- It is argued that relations between a human being and goods (ends of actions) form ontological basis of natural law and justice of actions (...) – orders and prohibitions are secondary in respect to these relations. An aim of just law (and natural law) is not preservation or restoration of abstractly understood moral order based on norms – orders and prohibitions) but integral development (good) of a person – a being possessing dignity. John Paul’s II philosophy of law takes advantage primarily of Thomas Aquinas’ approach to law and combines it with constructions which are typical for modern human rights protection. John Paul’s II conception of natural law is anthropocentric and bases on subjective rights thinking. Human dignity and human rights which derive from it provide basic criteria for the justice of law. Human rights as subjective rights disclose natural law which is understood as a set of goods for a human person. These goods are ends of actions and as such they determine actions and their forms. This point of view is compatible with Aquinas’ definition: “law is nothing but a rational plan of operation, and … the rational plan of any kind of work is derived from the end” (Summa contra gentiles, lib. 3, cap. 114, n. 5). -/- Positive (human) law which is not just has no normative power in this sense that it does not in itself provide reasons for concrete actions of a concrete actor. Sometimes there are moral reasons for following unjust law, however if its norm prescribes actions which are wrong in themselves (internally wrong) there is moral obligation to act contrary to such a legal norm. -/- Zasadniczym przedmiotem opracowania jest filozoficzna refleksja Jana Pawła II nad sprawiedliwością prawa stanowionego. Analizy przebiegają od zagadnienia antropologicznych podstaw sprawiedliwości poprzez problematykę działań realizujących sprawiedliwość do zagadnienia sprawiedliwości prawa stanowionego. Opracowanie zamykają uwagi wskazujące na kontekst teologiczny istotny dla problematyki sprawiedliwości, którego analiza wykracza jednak poza podjęte zamierzenie koncentrujące się na problematyce filozoficznoprawnej. Argumentuje się, że u podstaw tej refleksji leży namysł nad relacją człowieka do dobra, która stanowi ontologiczną podstawę prawa naturalnego i sprawiedliwości – nakazy i zakazy są wtórne wobec tej relacji. Celem prawa i sprawiedliwości jest dobro konkretnego, obdarzonego godnością człowieka, a nie np. przywracanie abstrakcyjnie pojętego porządku moralnego. Od strony konstrukcji teoretycznej, filozofia prawa Jana Pawła II jest osadzona przede wszystkim na koncepcji Tomasza z Akwinu łączonej z konstrukcjami typowymi dla współczesnej ochrony praw człowieka. To w godności i wynikających z niej prawach człowieka poszukiwać trzeba zasadniczych treściowych kryteriów sprawiedliwości prawa. Prawa człowieka jako prawa podmiotowe są podstawowym wyrazem prawa naturalnego, stanowiącego ontyczną podstawę sprawiedliwości i które pojmowane jest jako zespół dóbr dla osoby, zatem i celów kształtujących działanie. Perspektywa pojmowania prawa naturalnego jest antropocentryczna. Prawo stanowione, które nie jest sprawiedliwe, nie ma „mocy prawa”, przede wszystkim w takim sensie, że nie stanowi samo w sobie racji działania. Niekiedy, ze względów moralnych, niesprawiedliwe prawo wymaga posłuszeństwa. Jeśli jednak prawo stanowione daje uprawnienia do czynów wewnętrznie złych i nakazuje takie czyny, to nie tylko nie obowiązuje w sumieniu i nie jest racją działania, ale obowiązkiem jest postępowanie wbrew takiemu prawu. (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)

F.W.J. Schelling worked on mythological issues through his entire lifetime and it had great influence on his philosophy. Unfortunately, there are very few who make a reference to Schelling while dealing with this matter, and even if they do, they mention only philosophy of revelation, which was developed in the last period of Schelling’s work. Mythological issues appear in Schelling’s works in reference to philosophy of nature, philosophy of identity, as well as to his historiosophy, theory of art, and theological (...) issues. The paper aims at showing that in all those areas myth was not just a minor addition to the Schelling’s theory, but it played an important, often crucial role. (shrink)

Let us call non-presentist dynamism any view according to which (a) a single moment of time is objectively present and (b) which time is objectively present changes and (c) objectively non-present times exist, and at least some of these are occupied by objects, events, or properties. Non-presentist dynamism has an advantage over presentist dynamism—the view that only present objects, properties, and events exist, and that which objects, properties and events there are, changes—in the truthmaking arena. Presentists have trouble finding plausible (...) truthmakers for past (and future) tensed propositions, since no past, (or future) objects, properties, or events exist, which could make true said propositions. Hence presentists have to resort to one of two strategies. According to the first, nothing makes past (or future) tensed propositions true, though some are true nonetheless. For some class of propositions, the truth of said propositions does not in any way depend on ontology. This strategy rejects even the fairly weak requirement that for any proposition P, and worlds w and v, if P is true in w but not in v, then either something exists in v but not in w or else some n-tuple of things stands in some fundamental relation in v but not in w . Call this account No Truthmaker: -/- No Truthmaker: There are no truthmakers for past-tensed truths. -/- Embracing No Truthmaker is typically taken to be a cost of presentism. According to the second strategy, some presently existing thing makes true past-tensed truths. Advocates of this strategy embrace anti-aboutness truthmaking, the view that while all truths are grounded in being, the truth of a proposition need not grounded in the thing(s) the proposition is about. Since past things do not exist, past-tensed propositions are made true by something other than what they are about. Such presentists endorse some version of Present Record Truthmaking. (shrink)

Dawkins’ Ballet in the Garden of Theology. A Critical Assessment of Richard Dawkins’ Epistemological Theses on Theistic Beliefs from the God Delusion. Part II My paper presents an analysis and assessment of Richard Dawkins’ assumption from his book The God Delusion that there are no reason against treating belief in God as a scientific hypothesis, because even if the God existence is not disprovable, we could and maybe should ask if His existence is probable or highly improbable. My first aim (...) is to examine Dawkins' argumentation against if he is aware multiple possible ways interpretation of the claim that religious belief in God, construed as the hypothesis that existence of Creator may be treated as a scientific kind of hypothesis. My second aim is to show a nature of relation between his scientific God-hypothesis and his criticism of Thomas Henry Huxley agnosticism. I maintain that the he can't treat his probabilistic account of theism/atheism controversy as a ground for possible evidence for his controversial claim, that scientific knowledge could solve the problem of God's existence. As the matter of facts , things are just the opposite. I argue for claim that his construal of belief in God in terms of probabilistic scientific hypothesis is normatively weak and he can't use it in argumentation against rationality of belief in God even if he would be succesfully show that God-hypothesis is very weak and improbable explanation of origins and complexity of life. (shrink)

This book presents new research into key areas of the work of German philosopher and mathematician Gottfried Wilhelm Leibniz (1646-1716). Reflecting various aspects of Leibniz's thought, this book offers a collection of original research arranged into four separate themes: Science, Metaphysics, Epistemology, and Religion and Theology. With in-depth articles by experts such as Maria Rosa Antognazza, Nicholas Jolley, Agustín Echavarría, Richard Arthur and Paul Lodge, this book is an invaluable resource not only for readers just beginning to discover Leibniz, (...) but also for scholars long familiar with his philosophy and eager to gain new perspectives on his work. (shrink)

Tekst dotyczy zaproponowanej przez Arthura Kaufmanna koncepcji prawa do sprzeciwu (wobec władzy - wobec niesprawiedliwych ustaw) "w drobnej monecie". Koncepcja ta stanowi punkt wyjścia do refleksji nad formułą Radbrucha (nad czymś, co określam mianem "ciemnej strony" formuły Radbrucha), nad możliwością modyfikacji tej formuły i nad rozproszoną kontrolą konstytucyjności jako sposobem realizacji prawa do sprzeciwu "w drobnej monecie".