A growing number of philosophers are concerned with the epistemic status of culturally nurtured beliefs, beliefs found especially in domains of morals, politics, philosophy, and religion. Plausibly, worries about the deep impact of cultural contingencies on beliefs in these domains of controversial views is a question about well-foundedness: Does it defeat well-foundedness if the agent is rationally convinced that she would take her own reasons for belief as insufficiently well-founded, or would take her own belief as (...) biased, had she been nurtured in a different psychographic community? This chapter will examine the proper scope and force of this epistemic location problem. It sketches an account of well and ill-founded nurtured belief based upon the many markers of doxastic strategies exhibiting low to high degrees of inductive risk: the moral and epistemic risk of ‘getting it wrong’ in an inductive context of inquiry. (shrink)

In this paper I argue against grounding being necessarily well-founded, and provide some reasons to think it's actually not well-founded.

A number of philosophers think that grounding is, in some sense, well-founded. This thesis, however, is not always articulated precisely, nor is there a consensus in the literature as to how it should be characterized. In what follows, I consider several principles that one might have in mind when asserting that grounding is well-founded, and I argue that one of these principles, which I call ‘full foundations’, best captures the relevant claim. My argument is (...) by the process of elimination. For each of the inadequate principles, I illustrate its inadequacy by showing either that it excludes cases that should not be ruled out by a well-foundedness axiom for grounding, or that it admits cases that should be ruled out. (shrink)

Grounding is a powerful metaphysical concept; yet there is widespread scepticism about the intelligibility of the notion. In this paper, I propose an account of an entity’s nature or essence, which I then use to provide grounding conditions for that entity. I claim that an understanding of an entity’s nature, together with an account of how logically complex entities are grounded, provides all we need to understand how that entity is grounded. This approach not only allows us to (...) say what grounds what, it also sheds light on the formal features of the grounding relation. It provides a principled argument for the orthodox view that grounding is irreflexive, asymmetrical, and transitive; but it allows that it may not be well-founded. The resulting approach gives us a powerful framework for understanding nature, grounding, and the relationship between them. (shrink)

The computational metaphor for mind is still the central guiding idea in cognitive science despite many insightful and well-founded rejections of it. There is good reason for its staying power: when we are at our cognitive best, we reason about our world with our concepts. But the challengers are right, I argue, in insisting that no reductive account of that capacity is forthcoming. Here I describe an externalist account that grounds representations in organism-level engagement with its environment, not (...) in its neural activity. (shrink)

In philosophical logic, a certain family of model constructions has received particular attention. Prominent examples are the cumulative hierarchy of well-founded sets, and Kripke's least fixed point models of grounded truth. I develop a general formal theory of groundedness and explain how the well-founded sets, Cantor's extended number-sequence and Kripke's concepts of semantic groundedness are all instances of the general concept, and how the general framework illuminates these cases. Then, I develop a new approach to a (...) grounded theory of proper classes. -/- However, the general concept of groundedness does not account for the philosophical significance of its paradigm instances. Instead, I argue, the philosophical content of the cumulative hierarchy of sets is best understood in terms of a primitive notion of ontological priority. -/- Then, I develop an analogous account of Kripke's models. I show that they exemplify the in-virtue-of relation much discussed in contemporary metaphysics, and thus are philosophically significant. I defend my proposal against a challenge from Kripke's “ghost of the hierarchy”. (shrink)

According to the traditional bundle theory, particulars are bundles of compresent universals. I think we should reject the bundle theory for a variety of reasons. But I will argue for the thesis at the core of the bundle theory: that all the facts about particulars are grounded in facts about universals. I begin by showing how to meet the main objection to this thesis (which is also the main objection to the bundle theory): that it is inconsistent with the possibility (...) of distinct qualitative indiscernibles. Here, the key idea appeals to a non-standard theory of haecceities as non-well-founded properties of a certain sort. I will then defend this theory from a number of objections, and finally argue that we should accept it on the basis of considerations of parsimony about the fundamental. (shrink)

In a previous article on cosmological arguments, I have put forward a few examples of complete infinite and circular explanations, and argued that complete non-wellfounded explanations such as these might explain the present state of the world better than their well-founded theistic counterparts (Billon, 2021). Although my aim was broader, the examples I gave there implied merely causal explanations. In this article, I would like to do three things: • Specify some general informative conditions for complete and incomplete (...) non-wellfounded causal explanations that can be used to assess candidate explanations and to generate new examples of complete non-wellfounded explanations. • Show that these conditions, which concern chains of causal explanations, easily generalize to chains of metaphysical, grounding explanations and even to chains involving other “determination relations” such as supervenience. • Apply these general conditions to the recent debates against the existence of nonwellfounded chains of grounds and show, with a couple of precise examples, that the latter can be complete, and that just like in the case of causal explanations, non-wellfoundedness can in fact be an aset rather than a liability. (shrink)

There are powerful reasons to think of perceptual content as determined at least in part by the environment of the perceiving subject. Externalist views such as this are often rejected on grounds that they do not give a good account of hallucinations. The chapter shows that this reason for rejecting content externalism is not well founded if we embrace a moderate externalism about content, that is, an externalist view on which content is only in part dependent on the (...) experiencing subject“s environment. The chapter starts by motivating content externalism. It then argues that hallucinations are best understood in terms of a deficiency of veridical perceptual experiences. The chapter discusses the consequences of this thesis by developing a view of hallucinations that is committed to externalism about content. (shrink)

Enterprise Risk Management involves the process of identification, evaluation, treatment, and communication regarding risks throughout the enterprise. To support the tasks associated with this process, several frameworks and modeling languages have been proposed, such as the Risk and Security Overlay (RSO) of ArchiMate. An ontological investigation of this artifact would reveal its adequacy, capabilities, and limitations w.r.t. the domain of risk and security. Based on that, a language redesign can be proposed as a refinement. Such analysis and redesign have been (...) executed for the risk elements of the RSO grounded in the Common Ontology of Value and Risk. The next step along this line of research is to address the following research problems: What would be the outcome of an ontological analysis of security-related elements of the RSO? That is, can we identify other semantic deficiencies in the RSO through an ontological analysis? Once such an analysis is provided, can we redesign the security elements of the RSO accordingly, in order to produce an improved artifact? Here, with the aid of the Reference Ontology for Security Engineering (ROSE) and the ontological theory of prevention behind it, we address the remaining gap by proceeding with an ontological analysis of the security-related constructs of the RSO. The outcome of this assessment is an ontology-based redesign of the ArchiMate language regarding security modeling. In a nutshell, we report the following contributions: (1) an ontological analysis of the RSO that identifies six limitations concerning security modeling; (2) because of the key role of the notion of prevention in security modeling, the introduction of the ontological theory of prevention in ArchiMate; (3) a well-founded redesign of security elements of ArchiMate; and (4) ontology-based security modeling patterns that are logical consequences of our proposal of redesign due to its underlying ontology of security. As a form of evaluation, we show that our proposal can describe risk treatment options, according to ISO 31000. Finally, besides presenting multiple examples, we proceed with a real-world illustrative application taken from the cybersecurity domain. (shrink)

Focusing on current efforts to persuade the public to comply with Covid-19 best practices, this essay examines what role appeals to religious reasons should (or should not) play in leaders’ attempts to secure followers’ acceptance of group policies in contexts of religious and moral pluralism. While appeals to followers’ religious commitments can be helpful in promoting desirable public health outcomes, they also raise moral concerns when made in the contexts of secular institutions with religiously diverse participants. In these contexts, leaders (...) who appeal to religious reasons as bases of justification for imposing Covid policies may seem to fail to show respect for the autonomy of those who lack the relevant religious commitments, and—especially when a leader herself rejects the religious commitments she makes reference to to persuade others—her appeals to religious reasons may seem to constitute ethically problematic exercises of manipulation. This essay draws on the resources of contemporary political philosophy to analyze and respond to these concerns and concludes that they are not sufficiently well-founded. To the contrary, it contends that there are good moral grounds for leaders to appeal to religious reasons as (partial) bases of justification for why followers should accept Covid policies. In the course of the argument, this essay also highlights how contemporary political theory can enrich discussions about the distinctions between coercion, manipulation, and leadership, and thereby give insight not only into the ethics of leadership but also—at least by the lights of central theories of leadership like that of James MacGregor Burns (1978)—into whether and how appeals to religious reasons can figure into genuine exercises of leadership, in contrast with mere instances of the wielding of social power. (shrink)

In recent years, there has been an increasing interest in the development of well-founded conceptual models for Service Management, Accounting Information Systems and Financial Reporting. Economic ex- changes are a central notion in these areas and they occupy a prominent position in frameworks such as the Resource-Event Action (REA) ISO Standard, service core ontologies (e.g., UFO-S) as well as financial stan- dards (e.g. OMG’s Financial Industry Business Ontology - FIBO). We present a core ontology for economic exchanges (...) inspired by a recent view on this phenomenon. According to this view, economic exchanges are based on an agreement on the actions that the agents are committed to perform. This view enables a unified treatment of economic exchanges, regardless the object of the transaction. We ground our core ontology on the Unified Foundational Ontology (UFO), discussing its formal and conceptual aspects, instantiating it as a reusable OntoUML model, and confronting it with the REA standard and the UFO-S service ontology. (shrink)

This dissertation examines the dynamical dark matter problem in twentieth century astrophysics from the point of view of History and Philosophy of Science. The dynamical dark matter problem describes the situation astronomers find themselves in with regard to the dynamics of large scale astrophysical systems such as galaxies and galaxy clusters: The observed motions are incompatible with the visible distribution matter given the accepted law of gravitation. This discrepancy has two classes of possible solutions: either there exists copious amounts of (...) some kind of matter that neither emits nor absorbs radiation , or the law of gravitation must be revised. ;Chapter 2 describes the physical and philosophical foundations of dynamical inferences---inferences from discrepancies between well-founded theoretical expectations and reliable observations to the characteristics of candidate solutions. Chapter 3 discusses the history of dark matter . Chapter 4 reviews the present evidence bearing on the dark matter problem. Chapter 5 evaluates the important candidate matter solutions in light of the available evidence. Chapter 6 evaluates two candidate gravitational solutions on evidential and methodological grounds, and addresses the problem of theory choice. I do not try to solve the dark matter problem, but to uncover and evaluate patterns of inference involved in evidential arguments for and against candidate solutions. ;I show that Newton's "Reasoning from Phenomena" is a good framework from which to understand what is going on in this field. I argue that "higher order" and especially non-dynamical evidence is the best hope for solving this problem in dynamics. This is so in part because of "the dark matter double bind": the very existence of the dark matter problem means that we cannot be sure of the overall matter distribution in astrophysical systems, and this in turn means that the observed motions by themselves cannot provide relative confirmation of any theory of gravitational interactions taking place at these scales. I use Newton's Rules of Reasoning to argue that we should retain General Relativity as our theory of gravity at galactic and greater scales, despite the lack of positive evidence to confirm it over its rivals at these scales. (shrink)

This dissertation attempts to settle some challenging historiographic issues concerning the origin and development of the concept of economic equilibrium. Specifically, our research goal is to identify the philosophical and historical drivers of the mathematization of economic theory. To this end, we attempt to answer three fundamental research questions. First, why (and not how) has economics become a mathematical science? Second, what are the major methodological blunders that lie at the foundations of Modern General Equilibrium Theory? Third, is the contemporary (...) criticism of Modern General Equilibrium Theory meaningful and well-founded? In order, chapters 1-3 address the first question, chapters 4 and 5 address the second, whereas chapter 6 addresses the third question. Regarding the first question, we investigate the methodological relationships between Modern Physics, Modern Philosophy, and Walras’s Theory of General Equilibrium. Interestingly, our findings reveal that while the study of motion in Modern Physics relies upon a clear distinction between static and dynamic equilibrium, early mathematical economics borrows its methodology from Modern Physics but relies upon an Aristotelian conception of equilibrium. Furthermore, we identify exciting analogies between Kant’s philosophy and Walras’s Elements. Finally, we show that the so-called Walras Paradox also features another unexplored dimension. Namely, Walras’s work overall relies upon a bottom-up approach to mathematics. Yet Walras’s work includes problems that require a top-down approach to mathematics to be solved. Regarding the second question, we delve into the tight relationship between the History of Mathematics in the 19th Century, the Philosophy of Mathematics in the 20th Century, and the development of Modern General Equilibrium Theory in the 20th Century. Notably, we find that the top-down approach to mathematics provides economists with a reliable methodology to resolve the problems in Walras’s original work. Hence, the mathematization of General Equilibrium Theory in the 20th Century is a child of its time that carries the inapplicability of pure mathematics to real-world problems along with itself. Therefore, although the mathematization of General Equilibrium Theory is an unprecedented milestone in economic theory, the foundations of Modern General Equilibrium Theory inherit the methodological shortcomings of Contemporary Mathematics. That is why the Sonnenschein-Mantel-Debreu does not overtake the Aristotelian conception of equilibrium. Accordingly, we rebut the claim that Debreu and colleagues' mathematization of General Equilibrium Theory resolves the fundamental methodological shortcomings of Walras’s original work. Eventually, we use our answers to our first and second research questions to address the contemporary criticism of General Equilibrium Theory. On the one hand, we show that the latter criticism does not account for the fact that General Equilibrium Theory inherits the scientific realism and determinism of Modern Physics. In other words, we argue that the inability of General Equilibrium models to manage uncertainty effectively has nothing to do with its mathematization in the 20th Century. Instead, it results from the unexplored dimension of the Walras Paradox, which we uncover. On the other hand, we show that common accusations of inconsistency, incompleteness, and undecidability in General Equilibrium Theory are ill-founded. That is because other rigorous alternatives to axiomatization in economics are not paradox-free. On these grounds, we conclude that a much better option is to employ a topic-neutral language to provide rigorous presentations of contested concepts in economics. Particularly, we show that formal mereology offers a convenient methodological framework to resolve the disagreement between the Neoclassical and Institutionalist economists’ respective definitions of the concept of the market. In this way, we show that the latter concept is definable as a process. But, more importantly, we note that formal mereology also offers a convenient framework to reformulate other economic concepts concisely and rigorously. In this regard, we observe that formal mereology might provide a resolution for Hayek’s Problem because it would enable economists to define general equilibrium as a perduring socioeconomic process. -/- In case you want a copy of my dissertation, please email me. (shrink)

This is the Editor's Introduction to "Well-Founded Belief: New Essays on the Epistemic Basing Relation" (Routledge, 2020).

Legal philosophers distinguish between a static and a dynamic interpretation of law. The former assumes that the meaning of the words used in a legal text is set at the moment of its enactment and does not change with time. The latter allows the interpreters to update the meaning and apply a contemporary understanding to the text. The dispute between these competing theories has significant ramifications for social and political life. To take an example, depending on the approach, the term (...) “cruel punishment” used in the US Constitution will be given an 18th century meaning or a contemporary one. -/- The philosophy of language seems to provide greater support to the static approach to legal interpretation. Within this approach the lawmaker is perceived as a speaker and legal texts are interpreted as utterances. As a consequence, interpretation is a quest for the speaker/lawmaker’s intention or the public meaning that prevailed at the time of enactment. Neither the intention nor the public meaning are considered to have changed in time. -/- In this paper I argue that the philosophy of language provides the dynamic approach with an equally robust support as the static one. This support comes from an externalist perspective in semantics, rooted in philosophical pragmatism and supported by Ruth Millikan’s concept of meaning as proper function. Grounding the dynamic approach in a well-founded linguistic philosophy rises to the challenge presented by the originalists’ declaration that “it takes a theory to beat a theory”. (shrink)

Review of a comprehensive introduction to a philosophy of the environment. Refers to the United Nations Brundtland-report (1987) and its ground-breaking definition of "sustainable development". Account of dilemma's of wants and needs of future generations. Notes and comments on Garrett Hardin, Tragedy of the commons (1968), Jacques Ellul, The technological society (1964) and Langdon Winner, Autonomous technology (1977). Study ends with a well-founded plea for an ecological society.

Non-well-founded set theories allow set-theoretic exotica that standard ZFC will not allow, such as a set that has itself as its sole member. We can distinguish plenitudinous non-well-founded set theories, such as Boffa set theory, that allow infinitely many such sets, from restrictive theories, such as Finsler-Aczel or AFA, that allow exactly one. Plenitudinous non-well-founded set theories face a puzzle: nothing seems to explain the identity or distinctness of various of the sets they countenance. (...) In this paper I aim to sharpen this puzzle, make clear who it does and does not apply to and, ultimately, to argue in favor of a plenitudinous theory like Boffa. (shrink)

I reconstruct J. H. Lambert’s views on how practical grounds relate to epistemic features, such as certainty. I argue, first, that Lambert’s account of moral certainty does not involve any distinctively practical influence on theoretical belief. However, it does present an interesting form of fallibilism about justification as well as a denial of a tight link between knowledge and action. Second, I argue that for Lambert, the persistence principle that underwrites induction is supported by practical reasons to believe; this (...) indicates that Lambert is a moderate pragmatist about reasons for theoretical belief. (shrink)

ExtractIn a democracy people are free to express their opinions and question those of others. This is an important personal freedom, and also essential to the very idea of government by discussion. But it has also been held to be instrumentally important because in open public debate true ideas will conquer false ones by their merit, and the people will see the truth for themselves. In other words, democracy has an epistemic function as a kind of truth machine. From this (...) it follows that in a democracy there should be no dogma: no knowledge protected from public challenge and debate. Yet this whole argument is founded on embarrassing misconceptions of the nature of truth and of the working of democracy.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.DEMOCRACY IS NOT A TRUTH MACHINEVolume 12, Issue 33Thomas WellsDOI: https://doi.org/10.1017/S1477175612000309Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. DEMOCRACY IS NOT A TRUTH MACHINEVolume 12, Issue 33Thomas WellsDOI: https://doi.org/10.1017/S1477175612000309Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. DEMOCRACY IS NOT A TRUTH MACHINEVolume 12, Issue 33Thomas WellsDOI: https://doi.org/10.1017/S1477175612000309Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

It is widely held that, in his pre-Critical works, Kant endorsed a necessitation account of laws of nature, where laws are grounded in essences or causal powers. Against this, I argue that the early Kant endorsed the priority of laws in explaining and unifying the natural world, as well as their irreducible role in in grounding natural necessity. Laws are a key constituent of Kant’s explanatory naturalism, rather than undermining it. By laying out neglected distinctions Kant draws among (...) types of natural law, grounding relations, and ontological levels, I show that his early works present a coherent and sophisticated laws-first account of the natural order. (shrink)

This paper defends the idea that there must be some joints in reality, some correct way to classify or categorize it. This may seem obvious, but we will see that there are at least three conventionalist arguments against this idea, as well as philosophers who have found them convincing. The thrust of these arguments is that the manner in which we structure, divide or carve up the world is not grounded in any natural, genuine boundaries in the world. Ultimately (...) they are supposed to pose a serious threat to realism. The first argument that will be examined concerns the claim that there are no natural boundaries in reality, the second one focuses on the basis of our classificatory schemes, which the conventionalist claims to be merely psychological, and the third considers the significance of our particular features in carving up the world, such as physical size and perceptual capabilities. The aim of this paper is to demonstrate that none of these objections succeed in undermining the existence of genuine joints in reality. (shrink)

This paper provides an entrance into central discussions regarding Kant’s account of property. The first section shows how Kant engages and transforms important, related proposals from Hobbes and Locke as well as how the ‘libertarian’ and ‘liberal republican’ interpretive traditions differ in their readings on these points. Since Kantian theories for a long time didn’t focus on Kant’s Doctrine of Right but instead followed Rawls’s lead by developing Kantian theories grounded on Kant’s (meta-) ethical writings, the second section focuses (...) on property discussions found in the Rawlsian tradition. The final section shows how important contemporary work in the Kantian tradition goes beyond Rawlsian, libertarian, and liberal republican concerns of distributive justice among free and equal citizens, to include questions central to, for example, the philosophy of care, feminist philosophy, philosophy of race, philosophy of sex and love, and environmental philosophy. (shrink)

The consensus is that in his 1755 Nova Dilucidatio, Kant endorsed broadly Leibnizian compatibilism, then switched to a strongly incompatibilist position in the early 1760s. I argue for an alternative, incompatibilist reading of the Nova Dilucidatio. On this reading, actions are partly grounded in indeterministic acts of volition, and partly in prior conative or cognitive motivations. Actions resulting from volitions are determined by volitions, but volitions themselves are not fully determined. This move, which was standard in medieval treatments of free (...) choice, explains why Kant is so critical of Crusius’s version of libertarian freedom: Kant understands Crusius as making actions entirely random. In defense of this reading, I offer a new analysis of the version of the principle of sufficient reason that appears in the Nova Dilucidatio. This principle can be read as merely guaranteeing grounds for the existence of things or substances, rather than efficient causes for states and events. As such, the principle need not exclude libertarian freedom. Along the way, I seek to illuminate obscure aspects of Kant’s 1755 views on moral psychology, action theory, and the threat of theological determinism. (shrink)

A subject S's belief that Q is well-grounded if and only if it is based on a reason of S that gives S propositional justification for Q. Depending on the nature of S's reason, the process whereby S bases her belief that Q on it can vary. If S's reason is non-doxastic––like an experience that Q or a testimony that Q––S will need to form the belief that Q as a spontaneous and immediate response to that reason. If S's (...) reason is doxastic––like a belief that P––S will need to infer her belief that Q from it. The distinction between these two ways in which S's beliefs can be based on S's reasons is widely presupposed in current epistemology but––we argue in this paper––is not exhaustive. We give examples of quite ordinary situations in which a well-grounded belief of S appears to be based on S's reasons in neither of the ways described above. To accommodate these recalcitrant cases, we introduce the notion of enthymematic inference and defend the thesis that S can base a belief that Q on doxastic reasons P1, P2, …, Pn via inferring enthymematically Q from P1, P2, …, Pn. (shrink)

In this paper, I argue that culture plays a pivotal role for understanding Nietzsche’s own normative commitments. My argument develops as follows: Section 2 shows that Nietzsche advances an ideal of self-cultivation (Bildung) which is derived from the existential role of culture, elevating a peculiar concept of artistic creativity to ground his perfectionist understanding of value. Section 3 traces Nietzsche’s image of Goethe as exemplar of creative excellence. I contend that Nietzsche portrays Goethe as a male genius, rendering his concept (...) of self-cultivation entrenched in the cultural imagery of his time. The fin de siècle was obsessed with the image of genius as well as the relationship of creativity and gender. Moreover, as towering figure of German culture after the founding of the German Empire in 1871, Goethe was a frequent example of creative genius. Section 4 deepens the discussion of the role of gender in Nietzsche’s concept of creativity, exploring how the essentialist gender psychology of his mature works curtails the creative potential of women and explains his dismissal of feminism. (shrink)

We argue that at least some corvids morally ought to be granted a right to bodily liberty in the US legal system and relevantly similar systems. This right would grant immunity to frivolous captivity and extermination. Implementing this right will require new legislation or the expansion of existing legislation including the elimination of various "pest" clauses. This paper proceeds in three parts. First, we survey accounts of the moral grounds of legal rights. Second, to establish an overlapping consensus supporting corvid (...) bodily liberty rights, we survey the empirical literature on corvid cognition. Third, we illustrate what a corvid right to bodily liberty might look like, by looking to recent developments in animal law, as well as previous advocacy on behalf of primates and cetaceans. (shrink)

The discovery of so-called ‘mirror neurons’ - found to respond both to own actions and the observation of similar actions performed by others - has been enormously influential in the cognitive sciences and beyond. Given the self-other symmetry these neurons have been hypothesized as underlying a ‘mirror mechanism’ that lets us share representations and thereby ground core social cognitive functions from intention understanding to linguistic abilities and empathy. I argue that mirror neurons are important for very different reasons. Rather than (...) a symmetric ubiquitous or context- independent mechanism, I propose that these neurons are part of broader sensorimotor circuits, which help us navigate and predict the social affordance space that we meet others in. To develop both the critical and positive project I analyze the interpretive choices and the debate surrounding the mirror neuron research and show how the field is marred by highly questionable assumptions about respectively motor and social cognition. The discovery of mirror neurons - and the sensorimotor circuits of which these neurons are a part – actually empirically challenge many of these tacit assumptions. Findings of sensorimotor goal representations at levels of abstraction well beyond actual sensory information and kinetic movements challenge the idea of motor cognition as primarily output production. Additionally, the focus on 3rd person mindreading of hidden mental states is misguiding the field of social cognition. Much ‘mind-reading’ seems rooted in sensorimotor representations and a developmentally primary 2nd person understanding of actions and the mental lives of others, which precisely breaks the assumed dichotomy between mind and behavior. I propose a Social Affordance model where parallel fronto-parietal sensorimotor circuits support representations not just of other people’s actions but of the overall social affordance space. It is a process that monitors concrete goals and teleological possibilities that the environment affords respectively oneself and other present agents. With this model I hypothesize that the complex spectrum of sensorimotor integrations are indeed essential not only to normal action choice calibration but also to social cognitive abilities, as the sensorimotor teleological representations let us relate to others and understand their action choices in a shared pragmatic and intentional context. (shrink)

The future of health research will be characterised by three continuing trends: rising demand for health data; increasing impracticability of obtaining specific consent for secondary research; and decreasing capacity to effectively anonymise data. In this context, governments, clinicians and the research community must demonstrate that they can be responsible stewards of health data. IRBs and RECs sit at heart of this process because in many jurisdictions they have the capacity to grant consent waivers when research is judged to be of (...) particular value. However, several different terms are used to refer to this value, indicating a lack of conceptual clarity regarding the appropriate test for access to health data for research without consent. In this paper we do three things. First we describe the current confusion and instability in terminology relating to public interest in the context of consent waivers. Second we argue for harmonisation of terminology on the grounds of clarity, transparency and consistency. Third we argue that the term ‘public interest’ best reflects the normative work required to justify consent waivers because it is the broadest of the competing terms. ‘Public interest’ contains within its scope positive and negative implications of a study, as well as welfare, justice and rights considerations. In making this argument, we explain the normative basis for consent waivers, and provide a starting place for further discussion about the precise conditions in which a given study can be said to advance the public interest. Ipsos MORI study found that: … the public would be broadly happy with administrative data linking for research projects provided Those projects have social value, broadly defined. Data are de-identified. Data are kept secure. Businesses are not able to access the data for profit. (shrink)

I begin by outlining Du Châtelet’s ontology of mathematical objects: she is an idealist, and mathematical objects are fictions dependent on acts of abstraction. Next, I consider how this idealism can be reconciled with her endorsement of necessary truths in mathematics, which are grounded in essences that we do not create. Finally, I discuss how mathematics and physics relate within Du Châtelet’s idealism. Because the primary objects of physics are partly grounded in the same kinds of acts as yield mathematical (...) objects, she thinks we are sometimes licensed in drawing conclusions about physical things from mathematical premises. (shrink)

Vendler’s :161–173, 1979) puzzle about imagination is that the sentences ‘Imagine swimming in that water’ and ‘Imagine yourself swimming in that water’ seem at once semantically different and semantically the same. They seem semantically different, since the first requires you to imagine ’from the inside’, while the second allows you to imagine ’from the outside.’ They seem semantically the same, since despite superficial dissimilarity, there is good reason to think that they are syntactically and lexically identical. This paper sets out (...) the puzzle and offers a novel solution. Our proposal is that, just as there is knowledge-wh, there is also imagining-wh and that the inside/outside distinction Vendler points to is properly understood as a distinction within imagining-wh. In particular, to imagine swimming from the inside is to imagine what it feels like to swim, while to imagine swimming from the outside is to imagine what it looks like to swim. We show that this proposal is well grounded in both the semantics and syntax of ‘imagine.’ We also argue it makes better sense than its rivals of the data Vendler found so puzzling. (shrink)

The ecological crisis almost forces different disciplines to search together for a better world. We all share one earth: the closer we reach a certain point, the closer we come together. This places the paper amid the so-called science and religion dialogue in which theology increasingly cognises empirical research and scientific data. On the other hand, sciences are becoming increasingly aware of the need to transcend their evidential limitations to find a comprehensive paradigm. This paper will apply an exemplary methodology (...) by selecting the eco-theology of Jürgen Moltmann as a theologian who takes relevant results of scientific ecological research seriously. The Club of Rome, on the other hand, is an example of social (and natural) sciences urging to find a new inclusive paradigm for a world in peril. The juxtaposition of theology and science provides the need for a new value system emerging in social sciences. Randers makes clear that the culture of consumerism had to be replaced by cultural elements that provide substantial longer-term satisfaction and increase well-being. The latest report of the Club of Rome (2022) and Moltmann’s latest two titles on this topic (2019 and 2020) have been integrated into the argument and previous publications of the author. Contribution: This exemplary approach contributes to a scientifically grounded and biblically founded eco-theology. The two exponents of science and eco-theology provide the much-needed vocabulary for each other. The Earth Charter, one could add, provides a grammar for the engagement of eco-theology and environmental science. (shrink)

Could a person ever transcend what it is like to be in the world as a human being? Could we ever know what it is like to be other creatures? Questions about the overcoming of a human perspective are not uncommon in the history of philosophy. In the last century, those very interrogatives were notably raised by American philosopher Thomas Nagel in the context of philosophy of mind. In his 1974 essay What is it Like to Be a Bat?, Nagel (...) offered reflections on human subjectivity and its constraints. Nagel’s insights were elaborated before the social diffusion of computers and could not anticipate the cultural impact of technological artefacts capable of materializing interactive simulated worlds as well as disclosing virtual alternatives to the “self.” In this sense, this article proposes an understanding of computers as epistemological and ontological instruments. The embracing of a phenomenological standpoint entails that philosophical issues are engaged and understood from a fundamentally practical perspective. In terms of philosophical praxis, or “applied philosophy,” I explored the relationship between human phenomenologies and digital mediation through the design and the development of experimental video games. For instance, I have conceptualized the first-person action-adventure video game Haerfest (Technically Finished 2009) as a digital re-formulation of the questions posed in Nagel’s famous essay. Experiencing a bat’s perceptual equipment in Haerfest practically corroborates Nagel’s conclusions: there is no way for humans to map, reproduce, or even experience the consciousness of an actual bat. Although unverifiable in its correspondence to that of bats, Haerfest still grants access to experiences and perceptions that, albeit still inescapably within the boundaries of human kinds of phenomenologies, were inaccessible to humans prior to the advent of computers. Phenomenological alterations and virtual experiences disclosed by interactive digital media cannot take place without a shift in human kinds of ontologies, a shift which this study recognizes as the fundamental ground for the development of a new humanism (I deem it necessary to specify that I am not utilizing the term “humanism” in its common connotation, that is to say the one that emerged from the encounter between the Roman civilization and the late Hellenistic culture. According to this conventional acceptation, humanism indicates the realization of the human essence through “scholarship and training in good conduct” (Heidegger 1998, p. 244). However, Heidegger observed that this understanding of humanism does not truly cater to the original essence of human beings, but rather “is determined with regard to an already established interpretation of nature, history, world, and […] beings as a whole.” (Heidegger 1998, p. 245) The German thinker found this way of embracing humanism reductive: a by-product of Western metaphysics. As Heidegger himself specified in his 1949 essay Letter on Humanism, his opposition to the traditional acceptation of the term humanism does not advocate for the “inhuman” or a return to the “barbaric” but stems instead from the belief that the humanism can only be properly understood and restored in culture as more original way of meditating and caring for humanity and understanding its relationship with Being.). Additionally, this study explicitly proposes and exemplifies the use of interactive digital technology as a medium for testing, developing and disseminating philosophical notions, problems and hypotheses in ways which are alternative to the traditional textual one. Presented as virtual experiences, philosophical concepts can be accessed without the filter of subjective imagination. In a persistent, interactive, simulated environment, I claim that the crafting and the mediation of thought takes a novel, projective (In Martin Heidegger’s 1927 Being and Time, the term “projectivity” indicates the way a Being opens to the world in terms of its possibilities of being (Heidegger 1962, pp. 184–185, BT 145). Inspired by Heidegger’s and Vilem Flusser’s work in the field of philosophy of technology as well as Helmuth Plessner’s anthropological position presented in his 1928 book Die Stufen des Organischen und der Mensch. Einleitung in die philosophische Anthropologie, this study understands the concept of projectivity as the innate openness of human beings to construct themselves and their world by means of technical artefacts. In this sense, this study proposes a fundamental understanding of technology as the materialization of mankind’s tendency to overcome its physical, perceptual and communicative limitations.) dimension which I propose to call “augmented ontology.”. (shrink)

This paper argues that the technical notion of conditional probability, as given by the ratio analysis, is unsuitable for dealing with our pretheoretical and intuitive understanding of both conditionality and probability. This is an ontological account of conditionals that include an irreducible dispositional connection between the antecedent and consequent conditions and where the conditional has to be treated as an indivisible whole rather than compositional. The relevant type of conditionality is found in some well-defined group of conditional statements. As (...) an alternative, therefore, we briefly offer grounds for what we would call an ontological reading: for both conditionality and conditional probability in general. It is not offered as a fully developed theory of conditionality but can be used, we claim, to explain why calculations according to the RATIO scheme does not coincide with our intuitive notion of conditional probability. What it shows us is that for an understanding of the whole range of conditionals we will need what John Heil (2003), in response to Quine (1953), calls an ontological point of view. (shrink)

Davidson has famously argued that conceptual relativism, which, for him, is based on the content-scheme dualism, or the “third dogma” of empiricism, is either unintelligible or philosophically uninteresting and has accused Quine of holding onto such a dogma. For Davidson, there can be found no intelligible ground for the claim that there may exist untranslatable languages: all languages, if they are languages, are in principle inter-translatable and uttered sentences, if identifiable as utterances, are interpretable. Davidson has also endorsed the Quinean (...) indeterminacy-underdetermination distinction. The early Quine, as well as the later Quine, believe that the indeterminacy of translation casts serious doubt on the existence of facts of the matter about correct translation between languages. In this paper, I will argue that Quine cannot be the target of Davidson’s argument against conceptual relativism, and that Davidson’s argument is in conflict, among others, with his endorsement of the Quinean indeterminacy-underdetermination distinction. I will show how this conflict results in a radical departure from Quine with respect to the matter of factualism about fine-grained meanings. (shrink)

Orang-utans played a communication game in two studies testing their ability to produce and comprehend requestive pointing. While the ‘communicator’ could see but not obtain hidden food, the ‘donor’ could release the food to the communicator, but could not see its location for herself. They could coordinate successfully if the communicator pointed to the food, and if the donor comprehended his communicative goal and responded pro-socially. In Study 1, one orang-utan pointed regularly and accurately for peers. However, they responded only (...) rarely. In Study 2, a human experimenter played the communicator’s role in three conditions, testing the apes’ comprehension of points of different heights and different degrees of ostension. There was no effect of condition. However, across conditions one donor performed well individually, and as a group orang-utans’ comprehension performance tended towards significance. We explain this on the grounds that comprehension required inferences that they found difficult – but not impossible. The finding has valuable implications for our thinking about the development of pointing in phylogeny. (shrink)

Kant is often regarded as one of the founding fathers of modern liberal democracy. His political theory reaches its climax in the ground-breaking work, Perpetual Peace (1795), which sets out the basic framework for a world federation of states united by a system of international law. What is less well known is that two years earlier, in his Religion within the Bounds of Bare Reason (1793/1794), Kant had postulated a very different, explicitly religious path to the politics of peace: (...) he presents the idea of an “ethical community” as a necessary requirement for humanity to become “satisfactory to God”. While many recent scholars have noted the importance of Kant’s concept of the ethical community, few recognize the force of his argument that such a community is possible only if it takes the form of a church; as a result, the precise status of his proposal remains unclear and under-appreciated. He argues in Division One, Section IV, of Religion’s Third Piece that the idea of this community can become a reality only through a “church” that is characterized by four rational requirements: unity, integrity, freedom, and the changeability of all church rules except these four unchangeable marks. Prior to Section IV, Division One portrays this ethical community as having a political form, yet an essentially nonpolitical matter. He compares it with Jewish theocracy, but observes that the latter failed to be an ethical commonwealth because it was explicitly political. Whereas traditional theocracy replaces the political state of nature (which conforms to the law, “might makes right”) with an ethical state of nature (which conforms to the law that I call, “should makes good”), or attempts to synthesize them, non-coercive theocracy transcends this distinction through a new perspective: it unites humanity in a common vision of a divine legislator whose only law is inward, binding church members together like families, through the law of love. Whereas the legal rights supported by democracy and a system of international law can go a long way to prepare for world peace, Kant’s conviction is that it will be ultimately impossible without support from healthy religion. (shrink)

Introduction. The book is a study in Adam Smith's system of ideas; its aim is to reconstruct the peculiar framework that Adam Smith’s work provided for the shaping of a semi-autonomous new discipline, political economy; the approach adopted lies somewhere in-between the history of ideas and the history of economic analysis. My two claims are: i) The Wealth of Nations has a twofold structure, including a `natural history' of opulence and an `imaginary machine' of wealth. The imaginary machine is a (...) kind of Newtonian theory, whose connecting links are principles; provided either by `partial' characteristics of human nature or by analoga of physical mechanisms transferred to the social world; ii) a domain of the economic, understood as a self-standing social sub-system, was discovered first by Adam Smith. His `discovery' of the new continent of the economic was an `unintended result' of a deviation in his voyage to the never-found archipelago of natural jurisprudence. -/- 1. Imaginary machines and invisible chains: natural philosophy and method. The first chapter reconstructs Smith's views on the method in natural philosophy, presented primarily in the History of Astronomy (HA). The peculiar kind of semi-sceptical Newtonianism which permeates the essay is highlighted. Its reconstruction of the history of one natural science is shown to be based on the assumptions of Hume’s epistemology, and to lead to a self-aware deadlock. Smith's dilemma is between an essentialist realism and sceptical instrumentalism; the Cartesian presuppositions he shares with Hume and with the 18th century as a whole make it impossible for him to overcome his dilemma. The following chapters will show how, on the one hand, Smith's skeptical methodology encourages him in the enterprise to `carve off' a new self-contained discipline and how, on the other hand, his epistemological dilemma is reflected in the inner tensions of his moral and political theory as well as in a number of basic oscillations concerning the status of the new discipline. -/- 2. Chessboards and clocks: moral philosophy and method. -/- The second chapter reconstructs Smith's views on the method in the parallel field of moral philosophy, including the theory of moral sentiments and natural jurisprudence. I argue that The Theory of Moral Sentiments, when considered together with with the Lectures on Jurisprudence, where Smith's peculiar version of a `weaker' form of natural law is presented, wins special interest, not only for the history of ethics but even more for the history of political theory and the social sciences. The two most striking features of Smith's work in this area are highlighted. First, his effort at reformulating the `practical science' is a methodologically self-aware attempt at applying the Newtonian method to moral subjects. Secondly, this attempt ends in a stalemate as two distinguished kinds of normative order are introduced: one ultimate order of Reason, ultimately justifiable but inaccessible, and one weaker order of our `natural sentiments', to which we have empirical access, but which is so variable as to lack any ultimate value as a basis for grounding our normative claims. These two parallel conundrums may arguably account for the author's inability to publish during his lifetime both The History of Astronomy and the projected history and theory of law and government. -/- 3. Wheels, dams, and gravitation: the structure of scientific argument in The Wealth of Nations. -/- The third chapter provides the core of the book, dealing with the structure of the argument in WN. I argue that the main presupposition that makes the shift possible from a `natural history' to a `system' approach is the Newtonian contrast of `mathematical' with `physical' explanation; that is, Smith drops any discussion of the "original qualities" of human nature that could account for economic behaviour, while introducing, as `principles' for the system, a set of `hypothetical' statements of `observed' regularities in human behaviour and of `observed' super-individual self-regulating mechanisms. In bringing this presupposition to light, the coexistence of a teleological with a mechanistic approach is clarified; fresh light is shed on the notion of the invisible hand by a comparison of its occurrence in Smith with the occurrence of the same expression (until now overlooked) in the correspondence between Newton and Cotes. Finally, the peculiar semi-prescriptive and semi-descriptive character of political economy are highlighted, and the consistency of Smith's `impure' semi-prescriptive social science, when understood in his own terms, is defended against familiar charges with inconsistency and against even more familiar strained modernizations. -/- 4. Apples, deer, and frivolous trinkets: the construction of the economic. -/- The fourth chapter draws consequences from the third, examining how Smith's achievement in political economy, marking its transition to scientific status, carried a re-description of the phenomena, creating the comparatively independent and unified field of the economic. Smith's achievement is interpreted not as the `discovery' of an autonomous character already possessed by the economy out there, so much as a Gestalt-switch by which our perception of social phenomena is modified making us `see' the partial order of the economy as an isolated system. To sum up, the autonomy of the economic in social reality and the autonomy of the economic in social consciousness are shown to be two sides of one process. -/- 5. Concluding considerations: Political economy and the Enlightenment halved. -/- A few suggestions on the status of economic theory two centuries after The Wealth of Nations in its relationship to ‘practical philosophy’ are illustrated. (shrink)

The paper introduces and utilizes a few new concepts: “nonstandard Peano arithmetic”, “complementary Peano arithmetic”, “Hilbert arithmetic”. They identify the foundations of both mathematics and physics demonstrating the equivalence of the newly introduced Hilbert arithmetic and the separable complex Hilbert space of quantum mechanics in turn underlying physics and all the world. That new both mathematical and physical ground can be recognized as information complemented and generalized by quantum information. A few fundamental mathematical problems of the present such as Fermat’s (...) last theorem, four-color theorem as well as its new-formulated generalization as “four-letter theorem”, Poincaré’s conjecture, “P vs NP” are considered over again, from and within the new-founding conceptual reference frame of information, as illustrations. Simple or crucially simplifying solutions and proofs are demonstrated. The link between the consistent completeness of the system mathematics-physics on the ground of information and all the great mathematical problems of the present (rather than the enumerated ones) is suggested. (shrink)

Background and Objectives: In this research article, the researcher addresses the issue of creating public understanding in a democratic society about the progress of science, with an emphasis on pluralism from philosophers of science. The idea that there is only one truth and that there are just natural laws awaiting discovery by scientists has historically made it difficult to explain scientific progress. This belief motivates science to develop theories that explain the unity of science, and it is thought that diversity (...) in the way different ideas presented by scientists is a problem that results in time being wasted in search of the most accurate theory. Some scientists perceive a benefit in having a range of scientific hypotheses, though. One benefit that is frequently cited is that scientific diversity as a whole contributes to the development of a democratic society that permits the expression of a range of viewpoints. The road to accountable scientific pluralism is fraught with difficulties, though. Therefore, it is crucial to take into account both pluralism's advantages and disadvantages. This research aims at: 1. analyzing in an epistemological way the interpretation of scientific theories and the progress of science from the perspectives of scientific pluralists; 2. analyzing the relationship between science and democracy in explaining scientific significance and progress; and 3. synthesizing new knowledge on epistemic dependentism and to argue that it plays a significant role in evaluating research issues related to scientific pluralism. Methodology: The research methodology involves the application of documentary investigation along with philosophical discourse. The method of philosophical argumentation involves analyzing the lines of arguments found in relevant academic publications in order to assess their validity and soundness. Main Results: One key argument of the pluralists is the use of the concept of theoretical pluralism, which suggests that scientific knowledge is created from a variety of perspectives according to the social and cultural context of knowledge creation. It is found that part of Longino's argument is based on the negation of rational/social dichotomy. Moreover, her theory is a departure from philosopher of science Philip Kitcher, who advocates the creation of scientific knowledge and the evaluation of scientific progress through the means of democratic society. He explains that these procedures will lead to "well-ordered science" in democratic society. Discussions: The researcher examines the underlying ideas accepted by these two philosophers of science and finds that although their opinions differ, they have common ground in the acceptance of consensus. However, the views of both philosophers still lack weight in explaining the knowledge itself. The researcher argues that the acceptance of pluralism as a way of understanding scientific progress necessarily lends itself to dependentism, which points to interdependence in comparisons of superiority/inferiority between scientific theories. It is undeniable that the situation has emerged all the time, even though the success of the scientific theories being compared to each other comes from different social and cultural grounds of thought. Conclusions: Some popular models of scientific pluralism in the philosophy of science still lack a compelling justification, particularly on the epistemic grounds. By elucidating the epistemic significance of the interdependence of these things, scientific pluralism can be strengthened by incorporating the notion of epistemic dependentism into the analysis of scientific progress. (shrink)

The precondition of any feminist politics – a usable category of ‘woman’ – has proved to be difficult to construct, even proposed to be impossible, given the ‘problem of exclusion’. This is the inevitable exclusion of at least some women, as their lives or experiences do not fit into the necessary and sufficient condition(s) that denotes group membership. In this paper, I propose that the problem of exclusion arises not because of inappropriate category membership criteria, but because of the presumption (...) that categories can only be organised by identity relations or shared properties among their members. This criterion of sameness as well as the characterisation of this exclusion as essentialism attests to a metaphysics that is not conducive to resistance and liberatory projects. Following a strain of hybrid thinking in feminist and post-colonial theory, I outline an alternative pluralist logic that confronts oppressive binaries that impede theory work in gender, sexuality, and race theory, and limit political action and resistance. The problem of exclusion is neither irresolvable nor is it essentialism. Instead it is a denial of subjectivity due to pseudodualistic self/Other dichotomies that can be resisted by adopting a new categorial logic. While this paper focuses on the specific problem of formulating a category of ‘woman’, it has implications for other areas of gender, critical race, and postcolonial theory. Rather than working toward an inclusive category founded on sameness, theorists need to develop independent and positive categories grounded in difference. Our current categorial logic does not permit such a project, and therefore a new metaphysics must be adopted. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

This paper analyses Nozick's possible-worlds model of utopia. It identifies and examines three arguments in favour of the minimal state: (1) the minimal state is the real-world analogue of the possible-worlds model and can hence be considered to be inspiring; (2) the minimal state is the common ground of all possible utopian conceptions and can hence be universally endorsed; and (3) the minimal state is the best or at least a very good means for approximating or achieving utopia. While constituting (...) fascinating lines of inquiry, all arguments are found to be wanting and unable to yield the conclusions that Nozick intended to establish. Nonetheless, they establish interesting and important results, in particular the result that the minimal state is the maximal institutional structure that is in principle compatible with the complete satisfaction of the maximal non-arbitrary set of preferences that are in principle co-satisfiable, as well as the corollary that in utopia any state will exert at most the functions of a minimal state. (shrink)

In his postapocalyptic novel, Those Who Remain, G. Michael Hopf (2016) makes an important observation about the effect crises can have on human psychology by noting that "hard times create strong [humans]" (loc. 200). While the catastrophic effects of the recent COVID-19 outbreak are incontestable, there are arguments to be made that the situation itself could be materia prima of a more grounded, and authentic generation of humanity, at least in theory. In this article I draw on Heidegger's early, implicit (...) ethic of finitude as well as his later work surrounding the nature of technology, and place them into dialogue with a global milieu contextualized by worldwide pandemic. I approach this discussion from two different angles: in the first part, I explicate the ethic of finitude, and use it as a framework to describe the observable behavior of communities worldwide in order to better understand how global crises impact the psychical welfare of individual human beings. In the second part, I apply lessons given to us by the later Heidegger, specifically those oriented around the movement away from calculative thinking, in an effort to define a loose, albeit fundamentally ennobling prescriptive aimed at easing the existential strain of the situation we have found ourselves in. *This is a pre-print of an article published in Human Arenas. The final authenticated version is available at DOI: 10.1007/s42087-020-00142-6. (shrink)

Nietzsche implicitly endorses a positive value system grounded in his concept of the will to power, a “noble” alternative to the “slavish” and life-denying values that he believes characterize modern European morality. His own power-affirming value system is usually presented amorally: as an alternative to morality, rather than as a competing morality. Most commentators believe this is necessarily so: because Nietzsche founds his values in the affirmation of power, they are incompatible with the concern for the well-being of others (...) that is characteristic of any authentic morality. This paper argues, on the contrary, that Nietzsche’s noble, power-affirming values are fully compatible with morality. It defends this view by rejecting two common misconceptions about Nietzsche’s philosophy: 1) the view that Nietzsche’s concept of the will to power is inseparable from domination, and 2) the view that noble values require and actively promote social hierarchy. (shrink)

The purpose of this research is to determine the variables influencing college students' engagement in swimming activities, as well as the significant themes that often appear in these occurrences. A descriptive research design was used to identify the factors influencing college students' perception of participating in swimming activities. Descriptive research is a type of nonexperimental study that aims to describe the features of phenomena as it occurs. It was found out that participating in swimming activities provides various benefits, some (...) of these include helping build endurance, muscle strength, and cardiovascular fitness, enhanced swimming skills, and maintaining a healthy weight. As a result, the implementation of active recreational activities in schools must be reinforced, not simply for the purpose of participation, but also because students are driven to do so. And these activities must be carried out not just on school grounds, but also at home and in the community. (shrink)

This chapter presents a historical study of how science has developed and of how philosophical theories of many sorts – philosophy of science, theory of the understanding, and philosophical theology – both enable and constrain certain lines of development in scientific practice. Its topic is change in the legitimacy or acceptability of scientific explanation that invokes purposes, or ends; specifically in the argument from design, in the natural science field of physico-theology, around the start of the eighteenth century. ... The (...) context that produced physico-theology was clearly religious and political. It is unsurprising that a large body of Protestant intellectuals well-placed in a relatively peaceful society with a strong tradition of open speech, would develop links between science and critical discussion of both divinity and the Bible. There were also bounds to the discussion, as Newton, who chose to sit on the sidelines, knew well. Many others on Europe’s continent lived much more intimately with religious division as well as the reminder, in 1633, of Galileo’s failure to arrange a peaceable arrangement between science and religion. These aspects of the rise of physico-theology have not been the focus of this chapter, which has surveyed the philosophical and social origins found in the English context. Science, philosophy of science and other English philosophical currents – most particularly the theory of ideas and understanding that we are familiar with in its later development by John Locke – were formative for a field that might alternatively have been called ‘empirical natural theology.’ Prior shifts in religious sensibility that emptied the Book of Nature of much of its content also prepared the ground. Other philosophical and theological currents not discussed here – most notably theories of divine agency and predestination – and other philosophical trends – the rise of Spinoza’s challenge to such natural theology on the continent – also had both shaping and limiting influences upon the field. Finally, philosophers, including natural philosophers, did much more to promote physico-theology than just write about it: Boyle in particular provided a very important launch pad for the further development of an already healthy tradition of natural theology with his named lectureship, which drew the interest of others in the Royal Society, most notably Isaac Newton, and which spawned two of the most influential physico-theological tracts shortly before and shortly after the turn of the eighteenth century. (shrink)

Eudaemonism is the common structure of the family of theories in which the central moral conception is eudaemonia , understood as "living well" or "having a good life." In its best form, the virtues are understood as constitutive and therefore essential means to achieving or having such a life. What I seek to do is to lay the groundwork for an approach to eudaemonism grounded in practical reason, and especially in instrumental reasoning, rather than in natural teleology. In the (...) first chapter, I argue that an approach based in natural teleology will not work. In the second, the claims of decision theory to be an adequate formal representation of instrumental reasoning are examined and found wanting. In the third, I develop an account of ordinary instrumental reasoning. In the fourth, I discuss the structure of eudaemonism, with the aim of showing that there is an intelligible and attractive doctrine that can be disentangled from the natural teleology. In the fifth, I sketch an argument showing that instrumental reasoning, as explicated in the third chapter, can bear on the selection of final and ultimate ends, and that it is plausible that the instrumental approach to moral theory that I am urging yields conclusions with a eudaemonistic structure. I also indicate directions for further development and exploration. (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)

Existing social disparities in the United States are inconsistent with the promise of democracy; therefore, there was a need for critical conceptualization of the first principles that undergird American democracy and the genesis of democratic social change in America. This constructivist grounded theory study aimed to construct a grounded theory that provides an understanding of the process of American democratic social change as it emerged from the nation’s founding documents. A post hoc polytheoretical framework including Foucault’s, Bourdieu’s, and Marx and (...) Engels’s theories of power was used to understand power dynamics. The research question focused on understanding the process of democratic social change in America. The sample comprised the Articles of Confederation, the U.S. Declaration of Independence, The Federalist Papers, and the U.S. Constitution. The documents were retrieved from the National Archives and Library of Congress. The data analysis plan incorporated successive comparison, situational and dramaturgical analysis, deconstruction, and perspective taking as strategies. The result was the construction of a democratic social change process theory preceded by five grounded theories: (a) first principles of democracy, (b) first principles of democracy conceptual framework, (c) socio-ethical principles of democracy, (d) demoralizing process, and (e) either-or approach to democracy. Positive social change implications include applying a democratic social change process to future social change endeavors across domains and levels of analysis, a normative framework for a republican form of government, and a tool to analyze and minimize the latent consequences of social justice policies. (shrink)