The social sciences face a problem of sample non-representation, where the majority of samples consist of undergraduate students from Euro-American institutions. The problem has been identified for decades with little trend of improvement. In this paper, I trace the history of sampling theory. The dominant framework, called the design-based approach, takes random sampling as the gold standard. The idea is that a sampling procedure that is maximally uninformative prevents samplers from introducing arbitrary bias, thus preserving sample representation. I show how (...) this framework, while good in theory, faces many challenges in application. Instead, I advocate for an alternative framework, called the model-based approach to sampling, where representative samples are those balanced in composition, however they were drawn. I argue that the model-based framework is more appropriate in the social sciences because it allows for systematic assessment of imperfect samples and methodical improvement in resource-limited scientific contexts. I end with practical proposals of improving sample quality in the social sciences. (shrink)

Solidarity is a widespread but under-explored phenomenon. In this paper, I give a philosophical account of solidarity, answering three salient questions: What motivates acts of solidarity? What unifies different acts into tokens of a single type of act, one of solidarity? And what values do acts of solidarity exhibit? The answer to all three, I argue, involves a certain way of relating to others: identifying with them on the basis of shared features, and identifying with the larger group that one (...) and the others both belong to. (shrink)

Many philosophers have suspected that the normative importance of morality depends on moral realism. In this paper, I defend a version of this suspicion: I argue that if teleological forms of moral realism, those that posit an objective purpose to human life, are true, then we gain a distinctive kind of reason to do what is morally required. I argue for this by showing that if these forms of realism are true, then doing what is morally required can provide a (...) life with meaning, which is a widespread human need. I also argue that rival meta-ethical views, like anti-realism or non-naturalist realism, cannot make morality meaning-conferring in this way. (shrink)

Call "radical moral theorizing" the project of developing a moral theory that not only tries to conform to our existing moral intuitions, but also manifests various theoretical virtues: consistency, simplicity, explanatory depth, and so on. Many moral philosophers assume that radical moral theorizing does not require any particular metaethical commitments. In this paper, I argue against this assumption. The most natural justification for radical moral theorizing presupposes moral realism, broadly construed; in contrast, there may be no justification for radical moral (...) theorizing if moral anti-realism is true. (shrink)

E. Husserl’s reflections in Logical Investigations on “intentional feelings” and “non-intentional feelings” are significant in both his later ethical explorations and M. Scheler’s thought on ethics. Through the incorporation of the views of Husserl and Scheler, we find that the phenomenology of the intentional feeling-acts is not only the foundation of the non-formal ethics of values in Scheler’s phenomenology, but also at least the constitutive foundation of the ethics of Husserl’s first orientation.

This paper examines the role existence plays in measurement validity. I argue that existing popular theories of measurement and of validity follow a correspondence framework, which starts by assuming that an entity exists in the real world with certain properties that allow it to be measurable. Drawing on literature from the sociology of measurement, I show that the correspondence framework faces several theoretical and practical challenges. I suggested the validity-first framework of measurement, which starts with a practice-based validation process as (...) the basis for a measurement theory, and only posits objective existence when it is scientifically useful to do so. (shrink)

Michael Weisberg’s account of scientific models concentrates on the ways in which models are similar to their targets. He intends not merely to explain what similarity consists in, but also to capture similarity judgments made by scientists. In order to scrutinize whether his account fulfills this goal, I outline one common way in which scientists judge whether a model is similar enough to its target, namely maximum likelihood estimation method. Then I consider whether Weisberg’s account could capture the judgments involved (...) in this practice. I argue that his account fails for three reasons. First, his account is simply too abstract to capture what is going on in MLE. Second, it implies an atomistic conception of similarity, while MLE operates in a holistic manner. Third, Weisberg’s atomistic conception of similarity can be traced back to a problematic set-theoretic approach to the structure of models. Finally, I tentatively suggest how these problems might be solved by a holistic approach in which models and targets are compared in a non-set-theoretic fashion. (shrink)

Plato’s nephew Speusippus has been widely accepted as the historical person behind the mask of the anti-hedonists in Phlb. 42b–44c. This hypothesis is supported by, inter alia, the link between Socrates’ char- acterization of them as δυσχερεῖς and the frequent references of δυσχέρεια as ἀπορία to Speusippus in Aristotle’s Metaphysics MN. This study argues against assigning any privileged status to Speusippus in the assimilation of δυσχέρεια with ἀπορία. Instead, based on a comprehensive survey of how δυσχερ- words were used in (...) classical antiquity, the semantic shift of δυσχέρεια can be explained in an alternative way. (shrink)

This essay develops an inferential account of model explanation, based on Mauricio Suárez’s inferential conception of scientific representation and Alisa Bokulich’s counterfactual account of model explanation. It is suggested that the fact that a scientific model can explain is essentially linked to how a modeler uses an established model to make various inferences about the target system on the basis of results derived from the model. The inference practice is understood as a two-step activity, with the first step involving making (...) counterfactual statements about the model itself and the second step involving making hypothetical statements transferring over claims derived from the model onto the target. To illustrate how this two-step activity proceeds, an agent-based simulation model is discussed. (shrink)

This paper examines Aristotle’s vocabulary of pain, that is the differences and relations of the concepts of pain expressed by synonyms in the same semantic field. It investigates what is particularly Aristotelian in the selection of the pain-words in comparison with earlier authors and specifies the special semantic scope of each word-cluster. The result not only aims to pin down the exact way these terms converge with and diverge from each other, but also serves as a basis for further understanding (...) Aristotle’s philosophical conception of pain. (shrink)

At its strongest, Hume's problem of induction denies the existence of any well justified assumptionless inductive inference rule. At the weakest, it challenges our ability to articulate and apply good inductive inference rules. This paper examines an analysis that is closer to the latter camp. It reviews one answer to this problem drawn from the VC theorem in statistical learning theory and argues for its inadequacy. In particular, I show that it cannot be computed, in general, whether we are in (...) a situation where the VC theorem can be applied for the purpose we want it to. (shrink)

The safety condition is supposed to be a necessary condition on knowledge which helps to eliminate epistemic luck. It has been argued that the condition should be globalized to a set of propositions rather than the target proposition believed to account for why not all beliefs in necessary truths are safe. A remaining issue is which propositions are relevant when evaluating whether the target belief is safe or not. In the literature, solutions have been proposed to determine the relevance of (...) propositions. This paper examines a case of luckily true belief—thus a case of ignorance—and a case of knowledge. It argues that no solution in the literature offers a correct verdict in either case. Therefore, the strategy to globalize safety remains unsatisfactory. (shrink)

This paper reexamines Theophrastus’ Metaphysics 11a18–26, an obscure testimony about Speusippus, the second head of the Platonic Academy. As opposed to the traditional interpretation, which takes this passage as Theophrastus’ polemic against Speusippus’ doctrine of value, I argue that he here dialectically takes advantage of, rather than launches an attack on, the Platonist. Based on this new reading, I further propose a revision and a reassessment of the ‘gloomy metaphysics’ of Speusippus which will shed new light on his ethics.

It has been argued that an advantage of the safety account over the sensitivity account is that the safety account preserves epistemic closure, while the sensitivity account implies epistemic closure failure. However, the argument fails to take the method-relativity of the modal conditions on knowledge, viz., sensitivity and safety, into account. In this paper, I argue that the sensitivity account and the safety account are on a par with respect to epistemic closure once the method-relativity of the modal conditions is (...) taken into account. Therefore, epistemic closure is no longer an arbiter in the debate. (shrink)

According to the sensitivity account of knowledge, S knows that p only if S’s belief in p is sensitive in the sense that S would not believe that p if p were false. The sensitivity condition is usually relativized to belief-formation methods to avoid putative counterexamples. A remaining issue for the account is where methods should be mentioned in the sensitivity subjunctives. In this paper, I argue that if methods are mentioned in the antecedent, then the account is too strong (...) to accommodate inductive knowledge; if methods are mentioned in the consequent, then the account is too weak to eliminate some luckily true beliefs from the realm of knowledge. Therefore, the strategy to relativize the sensitivity condition is undermined by inductive knowledge and some luckily true beliefs. (shrink)

This paper aims to clarify Plato’s notions of the natural and the neutral state in relation to hedonic properties. Contra two extreme trends among scholars—people either conflate one state with the other, or keep them apart as to establish an unsurmount- able gap between both states, I argue that neither view accurately reflects Plato’s position because the natural state is real and can coincide with the neutral state in part, whereas the latter, as an umbrella term, can also be realized (...) in a non-natural condition. The clarification of the relation between the two states will shed light on the degree to which Plato admits and constrains the hedonic value for a good human life; further, this will call attention to some (not well explored) parallel thoughts in the medical tradition to which Plato is indebted. (shrink)

It is a commonplace in economics that we should disregard sunk costs. The sunk cost effect might be widespread, goes the conventional wisdom, but we would be better off if we could rid ourselves of it. In this paper, I argue against the orthodoxy by showing that the sunk cost effect is often beneficial. Drawing on discussions of related topics in dynamic choice theory, I show that, in a range of cases, being disposed to honor sunk costs allows an agent (...) to mimic a resolute chooser, someone who adopts the best plan at the outset of a decision problem and sticks with it, even when resoluteness is unfeasible. I discuss several kinds of cases in which honoring sunk costs coincides with resolute choice. (shrink)

This study aims to provide a coherent new interpretation of the notorious anti-hedonism of Speusippus, Plato’s nephew and the second scholarch of the Academy, by reconsidering all the relevant sources concerning his attitude toward pleasure—sources that seem to be in tension or even incompatible with each other. By reassessing Speusippus’ anti-hedonism and Aristotle’s response, it also sheds new light on the Academic debate over pleasure in which he and Aristotle participated: This debate is not merely concerned with the truth and (...) credibility of the arguments for or against hedonism; there are also notable differences among the participants in their understanding of the practical significance of evaluating hedonic experiences. This new interpretation allows us to better understand Aristotle’s selective representation of the intra-school debate and some neglected features of his responses to different interlocutors. (shrink)

Polger and Shapiro argue that their official recipe, a criterion for judging when the phenomenon of multiple realization exists, renders MR less widespread than its proponents have assumed. I argue that, although Polger and Shapiro’s criterion is a useful contribution, they arrive at their conclusion too hastily. Contrary to Polger and Shapiro, I claim that the phenomenon of multiple realization in the biological world, judged by their criterion, is not as scarce as they suggest. To show this, an updated official (...) recipe, namely a multiple mechanistic realization thesis, integrating Polger and Shapiro’s criterion with a compositional conception of realization, is developed. Then, three examples of varied kinds are examined, showing that cases of MR are not so hard to find in the biological world. (shrink)

Many philosophers assume that, when making moral decisions under uncertainty, we should choose the option that has the greatest expected moral value, regardless of how risky it is. But their arguments for maximizing expected moral value do not support it over rival, risk-averse approaches. In this paper, I present a novel argument for maximizing expected value: when we think about larger series of decisions that each decision is a part of, all but the most risk-averse agents would prefer that we (...) consistently choose the option with the highest expected value. To the extent that what we choose on a given occasion should be guided by the entire series of choices we prefer, then on each occasion, we should choose the option with the highest expected moral value. (shrink)

Imagine that only the state can meet the need for housing but decides not to do so. Unsurprisingly, participants in a vignette experiment deem this scenario unjust. Hence, justice ratings increase when the living situation improves. To a lesser extent, this also holds beyond the need threshold, understood as the minimum amount necessary for a decent life. Surprisingly, however, the justice evaluation function is highly convex below this point. The resulting S-shaped curve is akin to the value function in prospect (...) theory, with the need threshold providing the point of reference and inflection. A control treatment without needs-information supports this interpretation. Needs-information furthermore compresses the perceived injustice of arbitrary inequality. As in prospect theory, such reference dependency suggests biases in judgment and decision making. A consequence may be that the lot of the poorest in society does not receive the attention it would otherwise get. (shrink)

According to the safety account of knowledge, one knows that p only if one’s belief could not easily have been false. An important issue for the account is whether we should only examine the target belief when evaluating whether a belief is safe or not. In this paper, it is argued that, if we should only examine the target belief, then the account fails to account for ignorance of necessary truths. But, if we should also examine beliefs in other relevant (...) propositions, then the account fails to account for knowledge from falsehood. Therefore, the safety account of knowledge is undermined by knowledge from falsehood and ignorance of necessary truths. (shrink)

Depending on whether we are somewhat tolerant of nearby error-possibilities or not, the safety condition on knowledge is open to a strong reading and a weak reading. In this paper, it is argued that induction and conjunction introduction constitute two horns of a dilemma for the safety account of knowledge. If we opt for the strong reading, then the safety account fails to account for inductive knowledge. In contrast, if we opt for the weak reading, then the safety account fails (...) to accommodate knowledge obtained via the method of conjunction introduction. (shrink)

According to the received account of guilt in the philosophical literature, one cannot feel guilt unless one takes oneself to have done something morally wrong. But ordinary people feel guilt in many cases in which they do not take themselves to have done anything morally wrong. In this paper, I focus on one kind of guilt without perceived wrongdoing, guilt about being merely causally responsible for a bad state-of-affairs. I go on to present a novel account of guilt that explains (...) guilt about mere causal responsibility, according to which guilt represents part of the self as bound up with what is bad. (shrink)

Kant is regarded as the spokesman of the contemporary declaration of human rights and the forerunner of global citizenship theory. However, this noble image has been questioned by critics for his comment of empirical racial hierarchy stated in the pre-critical period: Kant’s moral law applies only to the white race with the “full personality”. Around the question of whether Kant’s pure moral philosophy was impregnated by his racist view, the defenders of Kant either adopt the negative defense strategy of affirming (...) the transcendental moral philosophy and negating the racial thought, or try to justify the consistency of Kant’s theory from the perspective of his later philosophy of right. The deficiency of these two justifications is that they do not directly deal with the relationship between moral philosophy and race theory. When Kant developed a mature moral theory in the mid-1780s, he also constructed a systemically mature race theory under the guidance of teleology principles to defend the unity of mankind in a different world. This theory can be used as the explanatory basis to prove the universality of Kant’s moral philosophy, which reflects the deep correlation between moral philosophy and race theory. From this perspective, it can not only make up for the lack of defenders and respond to the critics’ doubts, but also portray a consistent egalitarian image of Kant. (shrink)

I propose a dynamic causal approach to characterizing the notion of a mechanism. Levy and Bechtel, among others, have pointed out several critical limitations of the new mechanical philosophy, and pointed in a new direction to extend this philosophy. Nevertheless, they have not fully fleshed out what that extended philosophy would look like. Based on a closer look at neuroscientific practice, I propose that a mechanism is a dynamic causal system that involves various components interacting, typically nonlinearly, with one another (...) to produce a phenomenon of interest. (shrink)

Les questions les plus fondamentales de la phénoménologie du sentir de Max Scheler concernent la place de l’intentionnalité dans la phénoménologie du sentir et la structuration de la sphère émotionnelle. Dans la première section, nous nous focaliserons avant tout sur la différence entre les sentiments non intentionnels et le sentir intentionnel, en comparant sur ce point les positions de Scheler et de Husserl. En effet, Scheler critique ces deux thèses fondamentales de Husserl: 1) les actes affectifs et leurs corrélats (« (...) valeurs ») doivent être associés aux représentations et à leurs corrélats (« choses », Sachen ); 2) les actes affectifs, en tant qu’actes non objectivants, sont fondés dans les actes objectivants. D’une part, pour Scheler, la valeur est un objet unique en son genre du sentir des valeurs, et le sentir intentionnel est donc un acte indépendant. D’autre part, Scheler a d’abord entrepris de dépasser la séparation entre acte objectivant et acte non objectivant. Dans ce contexte, la recherche actuelle consacrée à Scheler se heurte à de nombreuses difficultés relatives à la structuration de la sphère émotionnelle en rapport avec la hiérarchie des modalités axiologiques et avec l’a priori corrélationnel. Dans la deuxième section, nous expliquerons d’abord les idées de Scheler, puis en discuterons les difficultés. C’est par le « commerce vivant » avec le monde dans le sentir intentionnel et dans les actes émotionnels intentionnels, par les corrélats intentionnels (valeurs matérielles), que Scheler se sépare du formalisme en éthique. A travers un « apriorisme matériel » qui présente trois espèce d’a priori (a priori axiologique, a priori émotionnel et a priori corrélationnel), l’éthique matérielle phénoménologique des valeurs de Sche­ler est guidée par l’esprit d’un « objectivisme et absolutisme éthique rigoureux ». (shrink)

On the one hand, Scheler's critique of Kant's concept of a priori benefits from Husserl to a large extent, and it complements and deepens Husserl's. On the other hand, Scheler also critiques Husserl's definition of a priori. Husserl's material a priori as ideal object primarily thanks to his so-called "Bolzano- turn". In this connection, Scheler grabs hold of the relation of Husserl to Bolzano from the very beginning. For Scheler, Husserl thinks in a "platonic" way, and still falls in a (...) new type of "Platonism", or rather, logical Platonism, although he correctly refuses the ordinary Platonism. In Scheler's view, Husserl's phenomenological reduction is "not purely" executed, and therefore his phenomenological experience is problematic, or more precisely, the relation between categorial intuition and sensuous intuition is problematic. The final aim of Scheler's critique of Husserl's phenomenological understanding of "objective a priori" is to win the primary position of categorial intuition and its content , ethical insight and its correlate , and ultimately of phenomenological ethics of material value.Einerseits nimmt Schelers Kritik an Kant bezüglich des Begriffs des Apriori die Einsichten Husserls in großem Umfang auf. Schelers Kritik an Kant ergänzt und vertieft die Husserlsche Kant-Kritik. Andererseits kritisiert er aber auch Husserls Bestimmung des Apriori. Vor allem verdankt sich das materiale Apriori als idealer Gegenstand bei Husserl der sogenannten “Bolzano’schen Wendung”. Von Anfang an kritisiert Scheler Husserl in diesem Punkt, indem er dem Verhältnis zwischen Bolzano und Husserl immer präziser nachging. Für Scheler unterliegt Husserl mit Recht keinem platten Platonismus. Aber dennoch verfahre Husserl immerhin “platonistisch”, er unterliege einem “Neoplatonismus”, bzw. einem logischen Platonismus. Weil die phänomenologische Reduktion bei Husserl nach Schelers Meinung “nicht reinlich” durchgeführt wird, ist die phänomenologische Erfahrung bei Husserl problematisch, genauer gesagt ist das Verhältnis zwischen der kategorialen Anschauung und der sinnlichen Anschauung problematisch. Der Endzweck von Schelers Kritik an der phänomenologischen Auffassung des gegenständlichen Apriori bei Husserl besteht darin, die primäre Stelle der kategorialen Anschauung und ihrer Gehalte , sowie der sittlichen Einsicht und ihrer Korrelate und zuletzt der phänomenologisch materialen Wertethik zu gewinnen.S jedne strane, Schelerova kritika Kantova pojma a priori u velikoj mjeri duguje Husserlu, te dopunjuje i produbljuje Husserlovu. S druge strane, Scheler kritizira i Husserlovu definiciju apriorija. Husserlov materijalni a priori kao idealni predmet prvenstveno proizlazi iz njegova takozvanog bolzanovskog obrata. Prema Scheleru, Husserl razmišlja na "platonski" način te upada u novi tip "platonizma" ili, točnije, logičkog platonizma, iako s pravom odbacuje obični platonizam. Scheler smatra da Husserlova fenomenološka redukcija nije izvedena "čisto" te da je stoga njegovo fenomenološko iskustvo proble- matično ili, točnije, problematičan je odnos između kategorijalnog zora i osjetilnog zora. Krajnji cilj Schelerove kritike Husserlova fenomenološkog shvaćanja "objektivnog a priori" jest zadobivanje primarne pozicije kategorijalnog zora i njegova sadržaja , etičkog uvida i njegova korelata te, na koncu, fenomenološke etike materijalne vrijednosti. (shrink)

Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary connection (...) between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

In a recent paper, Francis Y. Lin proposes a “memory-challenge” to two main interpretations of Wittgenstein’s private language argument: the “no-criterion-of-correctness” interpretation and the “no-stage-setting” interpretation. According to Lin, both camps of interpretation fail to explain why a private language is impossible within a short time period. To answer the “memory-challenge”, Lin motivates a grammatical interpretation of the private language argument. In this paper, I provide a critical discussion of Lin’s objection to these interpretations and argue that Lin’s objection fails. (...) In the case of the “no-stage-setting” interpretation, Lin suggests that the private language user can establish a stage within a short time period. However, I show that this stage is insufficient for a private language to be used correctly. In the case of the “no-criterion-of-correctness” interpretation, Lin believes that since memory is reliable within a short period, no criterion is needed for the correct use of a private language. However, I argue that his objection attacks a strawman, since the interpretation concerns the structure of justification, rather than the weakness of memory itself. I conclude with a critical discussion on memory and primitive expressions, the latter of which are crucial to Wittgenstein’s approach to public language. This discussion will help to draw a sharp line between private language and public language, and cast some doubt on Lin’s grammatical interpretation. (shrink)

Die Disziplin, die als „Juristische Methodenlehre“ bezeichnet wird, ist gegenwärtig chinesischen Juristen nicht fremd, sie stammt aber ursprünglich aus dem deutschen Sprachraum. In der Literatur finden sich auch verwandte Ausdrücke wie „Juristische Methodologie“, „Juristische Methodik“ bzw.„Methodenlehre der Rechtswissenschaft“. Seit Anfang des 21. Jahrhunderts wurde ihre Rezeption in China durch zwei Übersetzungen gekennzeichnet, nämlich die „rechtswissenschaftliche Methodenlehre“ (faxue fangfalun) und die „rechtliche Methodenlehre“ (falü fangfalun). Neben der herkömmlichen Methodenlehre entwickelte sich auch eine jüngere Theorie der juristischen Argumentation, die die weltweite Aufmerksamkeit (...) sogar außerhalb Deutschlands auf sich lenken konnte und deren Bestand in China einen ganz selbständigen Abschnitt verdient. Als Hintergrund dafür soll von vornherein ein Blick auf die Entwicklungen der chinesischen Rechtstheorie und Rechtsphilosophie nach 1978 und demzufolge auf die Entstehung der Methodenfrage in der chinesischen Rechtswissenschaft geworfen werden. (shrink)

It is essential to analyze the state, significance, and issues of the Metaverse as a possible world from an ontological perspective. The Metaverse is an on going ontological event. Despite its status as a possible world beyond the real world, its actors are still human beings from the real world. It is thus impossible for the Metaverse to transcend the fundamental problems of human life, as the issues of politics, capital, and ideology still take place in a recursive manner. Therefore, (...) the Metaverse does not have its own independent ontology, but shares the ontology of the real world. To conclude, the Metaverse may change people's lives, but not ontology. (shrink)

Based on the dispute between Protagoras and Socrates on the origin of ethics, one can ask the question of whether the principle of ethics is reason orfeeling/emotion, or whether ethics is grounded on reason or feeling/emotion. The development of Kant’s thoughts on ethics shows the tension between reason and feeling/emotion. In Kant’s final critical ethics, he held to a principle of “rational a priori.” On the one hand, this is presented as the rational a priori principle being the binding principle (...) of judgment. On the other hand, it is presented as the doctrine of “rational fact” as the ultimate argument of his ethics. Husserl believed that Kant’s doctrine of a rational a priori totally disregarded the a priori essential laws of feeling. Like Husserl, Scheler criticized Kant’s doctrine of a rational a priori, and therefore developed his own theory of an “emotional a priori”. Both of them focused their critiques on the grounding level of ethics. Scheler, however, did not follow Husserl all the way, but criticized him and reflected on his thoughts. At last, he revealed the primary status of a phenomenological material ethics of value. (shrink)

A few purported counterexamples to the Adams thesis have cropped up in the literature in the last few decades. I propose a theory that accounts for them, in a way that makes the connections between indicative conditionals and counterfactuals clearer.

The debate over the value of pleasure among Eudoxus, Speusippus, and Aristotle is dramatically documented by the Nicomachean Ethics, particularly in the dialectical pros-and-cons concerning the so-called argument from contraries. Two similar versions of this argument are preserved at EN VII. 13, 1153b1–4, and X. 2, 1172b18–20. Many scholars believe that the argument at EN VII is either a report or an appropriation of the Eudoxean argument in EN X. This essay aims to revise this received view. It will explain (...) why these two arguments differ in premises, contents and purposes, and why these distinctions matter for a proper assessment of Aristotle’s understanding of pleasure and pain in general and his dialectical art in particular. (shrink)

The concept of human dignity has been criticized as either too thick or too thin. However, according to the non-positivistic standpoint, the legal normativity of human dignity can be justified and thus strengthened by means of its moral correctness. From the individual perspective, Mencius’ understanding of human dignity as an intrinsic value and Kant’s formula of ‘man as an end in itself’ can be adequately understood based on the differentiation of, as well as the connection between, principium diiudicationis and principium (...) executionis, between will and choice, and between homo phaenomenon and homo noumenon (that is, ‘humanity in the personality’). From the social perspective, since the dual dimensions of the individual and the social person are both fictive constructions, even Radbruch, once as a supporter of social law, has not replaced the concept of ‘legal person’ and, in the post-War period, acknowledges individualistic human dignity as the criterion for applying the famous ‘disavowal formula’. On the one hand, human dignity shows at least a weak normative character, which requires, firstly, balancing between the exercise of state powers and the constitutional review under the guidance of the dual dimensions of man and, secondly, optimization of the principle of human dignity in individual cases. On the other hand, through the necessary connection between the concept of dignity and that of personality, human dignity can exhibit a strong normative character, which unavoidably requires a metaphysical justification. (shrink)

This paper inquires into literariness, a much neglected problem in translation, from a cognitive poetic perspective; it tries to show the nature of proxy as concerns translation through various illustrations, hence what is termed by Bausse-Beier the proxy principle, and in passing answer the philosophical problem of translatability or untranslatability. Literariness, not limited to literature, may exist in all texts. It can be defined as the form of a text that is suggestive of something, different from that of a text (...) that is not. Any text that is literary is a literary text. Literariness may be realized through the use of metaphors, personifications, imagery, hyperbole and so on, and through the employment of pattern such as alliteration, paranomasia, meter, rhyme and so on. In translating a literary text, a translator should capture the literariness, otherwise the translation fails. However, in the process of translation, some of these features that contribute to the form, such as phonological or prosodic ones, will be definitely lost. If literariness is to be maintained, there should be a way for compensation. Analogy comes to the fore, though translation is by nature analogical; it is employed to reveal the iconicity between signifier and signified through some means of representation. In such an endeavor, optimum relevance should be aimed at so that a good proxy can be ensured: what is in the mind of an original reader should be that in the mind of a translation reader. (shrink)

This paper examines two objections to the infinitist theory of epistemic justification, namely “the finite mind objection” and “the distinction objection.” It criticizes Peter Klein’s response to the distinction objection and offers a more plausible response. It is then argued that this response is incompatible with Klein’s response to the finite mind objection. Infinitists, it would seem, cannot handle both objections when taken together.

This article argues for the explanatory autonomy of psychology drawing on cases from the multilevel modeling practice. This is done by considering a multilevel linear model in personality and social psychology, and discussing its philosophical implications for the reductionism debate in philosophy of psychology. I argue that this practice challenges the reductionist position in philosophy of psychology, and supports the explanatory autonomy of psychology.

We often feel survivor guilt when the very circumstances that harm others leave us unscathed. Although survivor guilt is both commonplace and intelligible, it raises a puzzle for the standard philosophical account of guilt, according to which people feel guilt only when they take themselves to be morally blameworthy. The standard account implies that survivor guilt is uniformly unfitting, as people are not blameworthy simply for having fared better than others. In this paper, we offer a rival account of guilt, (...) the relational account of guilt, which makes sense of survivor guilt and other forms of guilt without self-blame while preserving the intelligibility of guilt about culpable wrongdoing. According to this account, guilt involves the feeling of being unable to justify ourselves to others, and we lack self-justification when we (however blamelessly) stand on the positive side of an undesirable asymmetry with them. When someone survives something that those around her do not, the disparity in outcome constitutes an asymmetry that is often undesirable, because it arises from luck or violates a requirement of solidarity. Thus, survivor guilt is often fitting. (shrink)

El concepto de dignidad humana ha sido considerado o demasiado denso o demasiado delgado. Sin embargo, desde el punto de vista del no-positivismo, la normatividad jurídica de la dignidad humana puede ser justificada y reforzada por medio de su corrección moral. Desde una perspectiva individual, la comprensión de Mencio sobre la dignidad humana como un valor intrínseco y el imperativo categórico de Kant (el ser humano como un fin en sí mismo) podrían ser adecuadamente comprendidos con base en la diferencia (...) (así como la conexión) entre el principium diiudicationis y el principium executionis, entre voluntad y “elección”; así como entre homo phaenomenon y homo noumenon (es decir, humanidad en la persona de los seres humanos). Desde una perspectiva social, las dimensiones del individuo y la persona social son construcciones ficticias; inclusive Radbruch -alguna vez defensor del derecho social- no remplazó el concepto de “persona jurídica” y, en el periodo de posguerra, reconoció la dignidad humana individual como el criterio para aplicar su famosa “fórmula de Radbruch". Por una parte, la dignidad humana muestra cuando menos un carácter normativo débil, el cual requiere, primero, ponderar entre el ejercicio de los poderes estatales y el control de constitucionalidad bajo la guía de la dimensión dual del ser humano y, segundo, la optimización del principio de la dignidad humana en casos particulares. Por otra, a través de la conexión necesaria entre el concepto de dignidad y personalidad, la dignidad humana puede exhibir un carácter normativo fuerte, el cual requiere inevitablemente una justificación metafísica. (shrink)

Among various views concerning the nature of womanhood, one kind of divergence between the materialist and the pluralist account centres on whether a woman should be defined or identified based on her typical female biological features. The former treats “woman” as the social meaning of the biological female, while the latter insists that one can be a woman in virtue of their internal identity without also having the normatively associated biological features. In this paper, I argue against the latter view (...) that the inclusion or demarginalization of transwomen requires more than self-identification and that it demands the recognition of the role of “misogyny”. (shrink)