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)

This work provides an annotated translation, together with a brief commentary, of the “Bao Wei Quan” chapter, the 20th chapter of the Chunqiu fanlu. The Chunqiu fanlu is an important Chinese Confucian text. It is ascribed to a pivotal Former Han (206 BCE – 9 CE) scholar, an exegete of the Gongyang zhuan 公羊傳, Dong Zhongshu 董仲舒 (ca. 195–115 BCE). This text offered to readers an ideal of rulership that remained highly relevant to the development of the ethical and political (...) discourse of Chinese Confucianism. Despite its importance, the Chunqiu fanlu has only very recently been fully translated into a Western language, and is one of the rare major classical Chinese texts which still lacks a full Japanese translation. Thus, the purpose of this work is to contribute to the ongoing Chunqiu fanlu translation project and to present to the reader some of the form and content of this influential work. -/- ⟪春秋繁露⟫第20章〈保位權〉的漢文注譯 -/- 本文是對⟪春秋繁露⟫第二十卷〈保位權〉含有短評的注譯。⟪春秋繁露⟫是中國儒學代表作之一。其作者据考据被認為是以注釋⟪春秋公羊傳⟫而聞名的西漢學者董仲舒（公元前195年—公元前115年）。⟪春秋繁露⟫是 一部被公認為有助於理解中國儒學發展史的最重要的經典著作之一。⟪春秋繁露⟫中所倡導的統治理想以及天人感應的概念兩千年以來一直是倫理政治學中的一個核心問題，這部書對中國儒學的倫理和政治論述的發展起著极為重 要的作用。⟪春秋繁露⟫雖然在中國傳統文化中占据著重要的地位，但它最近才被完整地翻譯成任何歐洲國家的語言，不過完整日語翻譯本中仍然缺少的一部。筆者希望本文可以為正在進行中的⟪春秋繁露⟫翻譯工程做出一點貢 獻，并希望通過本文給廣大讀者介紹一點該著作的基本形式和一小部分內容。. (shrink)

The relationship between the state and the people has been of the utmost concern to the ruling class ever since society appeared between the class and the state. This study focuses on Aristotle and Han Fei Zi‟s ideological analyses of the relationship between the state and the people. The author aims to emphasize that the state and the people are the two fundamental forces of political life. The relationship between them is a constant and intimate relationship that creates the appearance (...) and stability of a political regime. The study contributes to the literature by pointing out the similarities and differences between the thoughts of two law rulers typical of the West and the East. The study results show that, due to the differences between Western and Eastern cultures, historical and social conditions, and cognitive ability, the thoughts of Aristotle and Han Fei on this issue have similarities and differences. (shrink)

It is commonly accepted that Han Fei studied under Xunzi sometime during the late third century BCE. However, there is surprisingly little dedicated to the in-depth study of the relationship between Xunzi’s ideas and one of his best-known followers. In this essay I argue that Han Fei’s notion of xing, commonly translated as human nature, was not only influenced by Xunzi but also that it is an important feature of his political philosophy.

'Bao wei quan' 保位權 (‘Preservation of position and power’) (hereinafter: BWQ) is an essay advising rulers on how to preserve their position of power and maintain control over the bureaucracy. It is a part of one of the most authoritative premodern Chinese texts, the Chunqiu fanlu 春秋繁露 (The Luxuriant Dew of the Spring and Autumn Annals), which is traditionally ascribed to pivotal Han dynasty scholar Dong Zhongshu 董仲舒 (c. 195–115 BCE). This paper argues that the BWQ establishes a type of (...) naturalistic approach to rulership. In this vision, the state and its social and political order is rooted in the constitution of human nature, and is perceived as a place where human tendencies can be followed and fulfilled, but also controlled. In addition, the BWQ’s political discourse and its view of government is built around complementary processes, such as reward/punishment, political power/moral power, non-action/action, actuality/fam etc. The art of rulership thus consists of keeping these opposites in balance. (shrink)

The task of the congress of the German Society for Semiotics in Passau / Germany in September 2017 was to explore and describe "boundaries". A total of 12 sections of the society wrote a call for paper for this purpose. With the present anthology it has to be made evident, how concretely also the boundaries of the own, the other and the foreign can be negotiated via pictures. -/- Papers: -/- - Martina Sauer: Ikonische Grenzverläufe. Szenarien des Eigenen, Anderen und (...) Fremden im Bild. Eine Einführung, 4 - Barbara Margarethe Eggert: Das andere Geschlecht im Altarraum – exklusive Textilien als inklusive Medien. Studien zum Gösser Ornat, 7 - Birke Sturm: Politik der Schönheit: Zur Konstruktion einer ›wissenschaftlichen‹ Bildästhetik schöner weiblicher Körper um 1900 am Beispiel des Gynäkologen Carl Heinrich Stratz, 22 - Melis Avkiran: Das rassifizierte Fremde im Bild. Zur Genese differenzbildender Konzepte in der Kunst des 15. Jahrhunderts am Beispiel des Malers Hans Memling, 40 - Leonie Licht: weiß zwischen schwarz zwischen weiß – Geschichten von Identität im Bild, 75 - Julia Austermann: Queere Interventionen im kommunistischen Polen – Krzysztof Jung und sein ›plastisches Theater‹, 91 - Sabine Engel: Tizians Porträt der Laura Dianti. Aneignung und Transformation zwischen Orient und Okzident, 111 - Anna Christina Schütz: Osman Hamdi Beys Türkische Straßenszene. Der Teppich als Verhandlungsort kultureller Identitäten im ausgehenden 19. Jahrhundert, 146 - Benjamin Häger, Claudia Jürgens: Ikonische Stadtstrategien. Das Fassadenplakat und die Musterfassade als Instrumente machtpolitischer Repräsentation, 175 - Irene Schütze: Fehlende Verweise, rudimentäre ›Markierungen‹: aufgeweichte Grenzverläufe zwischen Kunst und Alltag, 204 - Stefan Römer: Interesse an und in einem Bildarchiv für Migrant/innen und Flüchtlinge, 221 - Viola Nordsieck: Von der Fähigkeit, einen Stuhl zu ignorieren. A. N. Whiteheads Konzept der Wahrnehmung als symbolisierender Tätigkeit und die Art, wie wir Bilder als Bilder sehen, 239 - David Jöckel: Mythos und Bild. Roland Barthes’ Semiologie bildlicher Stereotypisierung, 255 -/- - Kurzbiographien der Autorinnen und Autoren, 274 - Impressum, 278. (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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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.

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.

Herman Philipse considers “religious beliefs, faith and religion [to be] incompatible with science or reason”; he defines religion scientifically and specifically rejects religious doctrine. He describes reason “… as the whole of methods of empirical scientific research and critical discursive thinking as they have evolved in the scientific tradition and will continue to develop in the future” and he defines “… the phenomenon of conscience as a mental organ that can be scientifically explained and that makes the religious explanation superfluous (...) …”. Herman Philipse classifies science as the highest in rank, discards religion and sees philosophy, a rational view of the world, as based solely on the sciences. For his subject, Hans Achterhuis “… primarily cites biologists, ethologists and evolutionary psychologists with a philosophical interest” because “they presently have more to offer [him] than do his immediate colleagues”. Furthermore, “… it will be clear that ethologists and sociobiologists are of the opinion that the violent behaviour of human beings must be understood in part from the point of view of the evolutionary history of the sort ….. most philosophers and anthropologists are not aware of this. Their considerations suggest that violence only entered our world together with humankind”. Achterhuis’s choice is a “historic concept of violence”. (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.

Plakias has recently argued that there is nothing wrong with publishing defences of philosophical claims which we don't believe and also nothing wrong with concealing our lack of belief, because an author's lack of belief is irrelevant to the merit of a published work. Fleisher has refined this account by limiting the permissibility of publishing without belief to what he calls ‘advocacy role cases’. I argue that such lack of belief is irrelevant only if it is the result of an (...) inexplicable incredulity or the result of a metaphilosophical or epistemic stance that is unrelated to the specific claim. However, in many real-life cases, including Fleisher's advocacy role cases, our doubts regarding the claims we defend arise from reasons that have something to do with the insufficiency of the philosophical evidence supporting the claim, and publishing an unconditional defence of a claim without revealing our doubts is impermissible as it involves withholding philosophically relevant reasons. Plakias has also argued that discouraging philosophers from publishing claims they don't believe would be unfair to junior philosophers with unsettled views. I propose that we should change our academic practices that pressure philosophers to publish articles that pretend to be defences of settled views. (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)

In this paper, the author will explore the relationship between agency and intentionality of the artificial agent in the following seven ways.

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)

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)

Current radical democratic politics is characterized by new participatory spaces for citizens’ engagement, which aim at facilitating the democratic ideals of freedom and equality. These spaces are, however, situated in the context of deep societal inequalities. Modes of discrimination are carried over into participatory interaction. The democratic subject is judged by its physically embodied appearance, which replicates external hierarchies and impedes the freedom of self-expression. To tackle this problem, this article seeks to identify ways to increase the freedom of the (...) subject to explore its multiple self. Understanding the self as inherently fugitive, the article investigates participatory, deliberative and agonistic concepts of self-transformation. As all of them appear limited, it introduces a transformative perspective in democratic thought. Enriching the transformative perspective with queer and gender theory, the article generates the concept of a politics of becoming, which, through radical democratic practices of disidentification, advances the freedom of the subject to change. (shrink)

In this paper, I examined whether evidence from the neuroscience of morality supports the standard models of phronesis, i.e., Jubilee and Aretai Centre Models. The standard models explain phronesis as a multifaceted construct based on interaction and coordination among functional components. I reviewed recent neuroscience studies focusing on brain networks associated with morality and their connectivity to examine the validity of the models. Simultaneously, I discussed whether the evidence helps the models address challenges, particularly those from the phronesis eliminativism. Neuroscientific (...) evidence supported the importance of brain networks, i.e., the default mode, salience, and central executive functioning networks, in moral functioning in general. The findings favorably supported the multifaceted and integrative nature of phronesis proposed by the standard models. Finally, I considered how the two models could explain the mechanisms of phronesis more integratively based on neuroscientific findings. At the end of this paper, with the evidence, I proposed several practical ideas to promote the cultivation of phronesis, e.g., the consideration of coordination among components for moral functioning and the use of moral exemplars. (shrink)

This chapter analyzes the relation between brain sciences and philosophy of mind, in order to clarify in what ways philosophy can contribute to neuroscience and neuroscience can contribute to philosophy. Especially since the 1980s and the emergence of “neurophilosophy”, more and more philosophers have been bringing home morals from neuroscience to settle philosophical issues. I mention examples from the problem of consciousness, philosophy of perception and the problem of free will, and I argue that such attempts are not successful in (...) trying to settle questions like whether psychology can be reduced to neuroscience, whether we see the external world directly in perception, or whether we have free will. The failure results from an ability of the philosophical questions to evade the data. What makes these questions persisting philosophical questions is precisely that there is no way to settle them through empirical evidence, as they are conceptual questions and their solution lies in conceptual analysis. (shrink)

This extract is the first English translation of Hans Blumenberg's posthumous publication Beschreibung des Menschen, which was published by Suhrkamp Verlag in 2006. Based on lectures concerning the German tradition of philosophical anthropology that Blumenberg gave at the University of Münster, the book's basic project is the explicit fusion of Husserlian phenomenology with philosophical anthropology — an attempt to grasp what the human is by identifying its basic structures. The result is a highly nuanced conception of the possibility of human (...) self-reflection that is at the core of philosophy and of culture as a recipe for the species’ survival. Instead of answering the question “What is man?” Blumenberg proposes here a minimalist anthropology that seeks to answer a different question: “How is man possible?” The chapters selected for translation are intended to give readers a sense of the book, little known in the Anglophone world, which in its original German runs to some nine hundred pages. (shrink)

ABSTRACT In the present study, we examined how the perceived attainability and relatability of moral exemplars predicted moral elevation and pleasantness among both adult and college student participants. Data collected from two experiments were analyzed with Bayesian multilevel modeling to explore which factors significantly predicted outcome variables at the story level. The analysis results demonstrated that the main effect of perceived relatability and the interaction effect between attainability and relatability shall be included in the best prediction model, and thus, were (...) deemed to predict the outcome variables significantly. The main effect of relatability as well as its interaction with attainability positively predicted elevation and pleasantness. We discussed educational implications of the findings in terms of how relatability may be the first point of emphasis for moral educators to focus on and attainability can then bolster the effectiveness. These relatable and attainable moral exemplars can be sources for moral elevation and pleasantness, which promote motivation to emulate moral behavior presented by the exemplars. (shrink)

Wolfgang Spohn's theory of ranking functions is an elegant and powerful theory of the structure and dynamics of doxastic states. In two recent papers, Spohn has applied it to the analysis of conditionals, claiming to have presented a unified account of indicative and subjunctive (counterfactual) conditionals. I argue that his analysis fails to account for counterfactuals that refer to indirect causes. The strategy of taking the transitive closure that Spohn employs in the theory of causation is not available for counterfactuals. (...) I have a close look at Spohn's treatment of the famous Oswald-Kennedy case in order to illustrate my points. I sketch an alternative view that seems to avoid the problems. (shrink)

In response to its current crisis, scholars call for the revitalisation of democracy through democratic innovations. While they make ample use of life metaphors describing democracy as a living organism, no comprehensive understanding of ‘life’ has been established within democratic theory. The Black Lives Matter (BLM) movement articulates the urgency of refocusing on life and its meaning through radical democratic practice. This article employs a grounded theory approach, enriched with participatory methods, to develop a radical democratic concept of life in (...) conversation with BLM. It conceptualises life as the existence of a perspective that constantly transforms through its fundamental interconnectedness. Building on this concept, the article outlines four principles of a living democracy that go beyond the revitalisation discourse. A living democracy (1) safeguards the existence of all humans and nonhumans, (2) nurtures a diversity of perspectives, (3) fosters social and planetary connectivity, and (4) enables self- and collective transformation. (shrink)

Radical democratic thinking is becoming intrigued by the material situatedness of its political agents and by the role of nonhuman participants in political interaction. At stake here is the displacement of narrow anthropocentrism that currently guides democratic theory and practice, and its repositioning into what we call ‘the nonhuman condition’. This Critical Exchange explores the nonhuman condition. It asks: What are the implications of decentering the human subject via a new materialist reading of radical democracy? Does this reading dilute political (...) agency? Or should this be seen, on the contrary, as an invitation for new voices and demands to enter into democratic assemblages? How might engagement with the more-than-human disrupt or extend theories of radical democracy? Hans Asenbaum and Amanda Machin discuss the human democratic subject both through radical democratic and new materialist lenses. They suggest that a new materialist decentred subject does not lose agency but further gains political responsibility in radical democracy. Jean-Paul Gagnon highlights the possibility of becoming through loss. In losing our anthropocentric arrogance—our understanding of being other and better than animal—we become more connected and discover our place in human-nonhuman assemblages. Melissa Orlie agrees that something can be gained through renouncing dominant human fantasies and presents a ‘radical democratic naturalism’. By renouncing land violence and acknowledging nature’s subjectivity, we can further nonexploitative radical democratic politics. This is where the notion of ‘tidalectic’ processes introduced by James L. Smith is helpful. Focusing on water and the Indigenous knowledges around rivers, he considers how democracy and community can be reimagined as plural, cyclical and attentive to the nonhuman with which the human is inevitably entangled. Diana Leong offers a different approach. Considering the nonhuman from the perspective of Black Studies demands an awareness to how blackness has long been constituted as non- or partially human. (shrink)

Some stories of moral exemplars motivate us to emulate their admirable attitudes and behaviors, but why do some exemplars motivate us more than others? We systematically studied how motivation to emulate is influenced by the similarity between a reader and an exemplar in social or cultural background (Relatability) and how personally costly or demanding the exemplar’s actions are (Attainability). Study 1 found that university students reported more inspiration and related feelings after reading true stories about the good deeds of a (...) recent fellow alum, compared to a famous moral exemplar from decades past. Study 2A developed a battery of short moral exemplar stories that more systematically varied Relatability and Attainability, along with a set of non-moral exemplar stories for comparison. Studies 2B and 2C examined the path from the story type to relatively low stakes altruism (donating to charity and intentions to volunteer) through perceived attainability and relatability, as well as elevation and pleasantness. Together, our studies suggest that it is primarily the relatability of the moral exemplars, not the attainability of their actions, that inspires more prosocial motivation, at least regarding acts that help others at a relatively low cost to oneself. (shrink)

_Wittgenstein_ presents a concise, comprehensive, and systematic treatment of Ludwig Wittgenstein's thought from his early work, _Tractatus Logico-Philosophicus,_ to the posthumous publication of _On Certainty_, notes written just prior to his death. A substantial scholarly addition to our understanding of one of the most original and influential thinkers of the twentieth century, by renowned Wittgenstein scholar, Hans Sluga Proposes an original new interpretation of Wittgenstein's work Written to also be accessible to readers unfamiliar with Wittgenstein's thought Includes discussion of the (...) social and political background and contemporary relevance of Wittgenstein's thoughts. (shrink)

When considering the question of possible transformation and disappearance of scientific objects, it is useful to distinguish between epistemic and technical objects. This paper presents preliminary observations and offers a typology of obsolescence. It is based on several case studies drawn from the history of life sciences. The paper proceeds as follows: first, the dynamics of epistemic objects is considered through the examples of Carl Correns’ study of “xenia”, Alfred Kühn’s work on physiological developmental genetics, and Paul Zamecnik’s research on (...) the protein biosynthesis. Second, the phasing out of technical objects is then separately discussed and illustrated by the example of radioactive tracing in biology – until recently, an established technique of visualization. (shrink)

In this paper, findings from research in neuroscience of morality will be reviewed to consider the purposes of moral education. Particularly, I will focus on two main themes in neuroscience, novel neuroimaging and experimental investigations, and Bayesian learning mechanism. First, I will examine how neuroimaging and experimental studies contributed to our understanding of psychological mechanisms associated with moral functioning while addressing methodological concerns. Second, Bayesian learning mechanism will be introduced to acquire insights about how moral learning occurs in human brains. (...) Based on the reviewed neuroscientific research on morality, I will examine how evidence can support the model of moral education proposed by virtue ethics, Neo-Aristotelian moral philosophy in particular. Particularly, two main aims of virtue ethics-based moral education, the habituation of virtues and the cultivation of phronesis, will be discussed as the important purposes of moral education based on neuroscientific evidence. (shrink)

The work of Thomas White represents a systematic attempt to combine the best of the new science of the seventeenth century with the best of Aristotelian tradition. This attempt earned him the criticism of Hobbes and the praise of Leibniz, but today, most of his attempts to navigate between traditions remain to be explored in detail. This paper does so for his ontology of accidents. It argues that his criticism of accidents in the category of location as entities over and (...) above substances was likely aimed at Francisco Suárez, and shows how White’s worries about the analysis of location were linked with his broader cosmological views. White rejects real qualities, but holds that the quantity of a substance is somehow distinct from its bearer. This reveals a common ground with some of his scholastic interlocutors, but lays bare a deep disagreement with thinkers like Descartes on the nature of matter. (shrink)

The present study aimed to examine how to improve the effectiveness of moral exemplar-applied interventions based on the pillars of the Self-Determination Theory (SDT) framework, autonomy, competence, and relatedness. Past research has mainly focused on the relatedness and attainability of moral exemplars for predicting motivation outcomes. The data for this study consisted of synthesized data sets from previous studies examining the motivational impacts of distinct moral exemplars and intervention methods. The main syntheses for these data sets used Multilevel Modeling (MLM) (...) focusing on relatability, attainability, and intervention methods, corresponding to relatedness, competence, and autonomy in the SDT, respectively, as predictors. In general, there was a significant interaction effect between the attainability or relatability, and the intervention method. Autonomous instruction methods, which support autonomy, were demonstrated to boost motivational outcomes. Implications from this study support the employment of SDT to examine the use of moral exemplars in moral education and were consistent with previous exemplar studies. (shrink)

ABSTRACT In the present study, I explore the relationship between purpose, which was measured by the Claremont Purpose Scale, and moral psychological indicators, moral reasoning, moral identity, and empathy. Purpose was quantified in terms of three subcomponents: meaning, goal, and beyond-the-self motivation. Moral reasoning was assessed in terms of utilization of postconventional moral reasoning. Moral identity was examined with two subscales: moral internalization, and symbolization. Among diverse subscales of empathy, I focused on empathic concern and perspective taking, which have been (...) reported to be strongly related to morality. To explore the best prediction models using the data, I employed Bayesian Model Selection and Bayesian regression analysis. In general, purpose was significantly predicted by most surveyed moral psychological indicators but not by moral symbolization. The best prediction model for beyond-the-self motivation included the most moral psychological indicator predictors including moral reasoning, which did not significantly predict other dependent variables. (shrink)

This paper looks at the critical reception of two central claims of Peter Auriol’s theory of cognition: the claim that the objects of cognition have an apparent or objective being that resists reduction to the real being of objects, and the claim that there may be natural intuitive cognitions of nonexistent objects. These claims earned Auriol the criticism of his fellow Franciscans, Walter Chatton and Adam Wodeham. According to them, the theory of apparent being was what had led Auriol to (...) allow for intuitive cognitions of nonexistents, but the intuitive cognition of nonexistents, at its turn, led to scepticism. Modern commentators have offered similar readings of Auriol, but this paper argues, first, that the apparent being provides no special reason to think there could be intuitions of nonexistent objects, and second, that despite his idiosyncratic account of intuition, Auriol was no more vulnerable to scepticism than his critics. (shrink)

I explored the association between components constituting the basis for moral and optimal human functioning, i.e., moral reasoning, moral identity, empathy, and purpose, via network analysis. I employed factor scores instead of composite scores that most previous studies used for better accuracy in score estimation in this study. Then, I estimated the network structure among collected variables and centrality indicators. For additional information, the structure and indicators were compared between two groups, participants who engaged in civic activities highly versus lowly. (...) The results demonstrated significant intra- and inter-scale associations in the network. The network structure was invariant across the two groups. Despite the network invariance, I found that the global connectivity between and centrality indicators of examined factors were higher among the high civic engagement group in general. I discussed the implications of the findings in research on moral functioning based on moral psychology and virtue ethics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Spinoza and the Theory of Organism HANS JONAS I CARTESIANDUALISMlanded speculation on the nature of life in an impasse: intelligible as, on principles of mechanics, the correlation of structure and function became within the res extensa, that of structure-plus-function with feeling or experience (modes of the res cogitans) was lost in the bifurcation, and thereby the fact of life itself became unintelligible at the same time that the explanation (...) of its bodily performance seemed to be assured. The impasse became manifest in Occasionalism : its tour de force of an extraneous, divine "synchronization" of the outer and the inner world (the latter denied to animals) not only suffered from its extreme artificiality, the common failing of such ad hoc constructions, but even at so high a cost failed to accomplish its theoretical purpose by its own terms. For the animal machine, like any machine, raises beyond the question of the "how" that of the "what for" of its functioning---of the purpose for which it had thus been constructed by its maker.1 Its performance, however devoid of immanent teleology, must serve an end, and that end must be someone's end. This end may (directly) be itself, as indeed Descartes had implied when declaring self-preservation to be the effect of the functioning of the organic automaton. In that case the existence as such of the machine would be its end--either terminally, or in turn to benefit something else. In the former case, the machine would have to be more than a machine, for a mere machine cannot enioy its existence. But since, by the rigorous conception of the res extensa, it cannot be more than a machine, its function and/or existence must serve something other than itself. Automata in Descartes ' time were mainly for entertainment (rather than work). But the raison d'etre of the living kingdom could not well be seen in God's indulging his mechanical abilities or in the amusement of celestial spectators--especially since mere complexity of arrangement does not create new quality and thus add something to the unrelieved sameness of the simple substratum that might enrich the spectrum of being. For quality, beyond the primitive determinations of the extended per se, is the subjective creature of sensation, the confused representation of quantity in a mind; and thus organisms cannot harbor it because as mere machines they lack mentality, and pure spirits cannot because they lack sensuality, or the privilege of confusion and thereby of illusion with its possible enjoyment. And as to their intellectual enjoyment, even that, deprived of the thrill of discovery by the same token, would pale in the contemplation of what to sufficiently large The concept of "machine," adopted for its strict confinementto efficientcause, is still a finalisticconcept,even thoughthe final cause is no longer internal to the entity, as a mode of its own operation,but external to it as antecedent design. [43] 44 HISTORY OF PHILOSOPHY intellects is nothing but the ever-repeated exemplification of the same few, elementary (and ultimately trivial) truths. There remained, then, the time-honored--Stoic as well as Christian--idea that plants and animals are for the benefit of Man. Indeed, since the existence of a living world is the necessary condition for the existence of any of its members, the self-justifying nature of at least one such member (= species) would justify the existence of the whole. In Stoicism, Man provided this end by his possession of reason, which makes him the culmination of a terrestrial scale of being that is also self-justifying throughout all its grades (the end as the best of many that are good in degrees) ; in Christianity, by his possession of an immortal soul, which makes him the sole imago Dei in creation (the end as the sole issue at stake) ; and Cartesian dualism radicalized this latter position by making man even the sole possessor of inwardness or "soul" of any kind, thus the only one of whom "end" can meaningfully be predicated as he alone can entertain ends. All other life then, the product of physical necessity, can be considered his means. However, this traditional idea, in its anthropocentric vanity never a... (shrink)

The present study aimed to develop effective moral educational interventions based on social psychology by using stories of moral exemplars. We tested whether motivation to engage in voluntary service as a form of moral behavior was better promoted by attainable and relevant exemplars or by unattainable and irrelevant exemplars. First, experiment 1, conducted in a lab, showed that stories of attainable exemplars more effectively promoted voluntary service activity engagement among undergraduate students compared with stories of unattainable exemplars and non-moral stories. (...) Second, experiment 2, a middle school classroom-level experiment with a quasi-experimental design, demonstrated that peer exemplars, who are perceived to be attainable and relevant to students, better promoted service engagement compared with historic figures in moral education classes. (shrink)

Though there is a wide and varied literature on ethical supererogation, there has been almost nothing written about its epistemic counterpart, despite an intuitive analogy between the two fields. This paper seeks to change this state of affairs. I will begin by showing that there are examples which intuitively feature epistemically supererogatory doxastic states. Next, I will present a positive theory of epistemic supererogation that can vindicate our intuitions in these examples, in an explanation that parallels a popular theory of (...) ethical supererogation. Roughly, I will argue that a specific type of epistemic virtue—the ability to creatively think up plausible hypotheses given a body of evidence—is not required of epistemic agents. Thus, certain exercises of this virtue can result in supererogatory doxastic states. In presenting this theory, I will also show how thinking about epistemic supererogation can provide us a new way forward in the debate about the uniqueness thesis for epistemic rationality. (shrink)