Much recent discussion has focused on the nature of artifacts, particularly on whether artifacts have essences. While the general consensus is that artifacts are at least intention-dependent, an equally common view is function essentialism about artifacts, the view that artifacts are essentially functional objects and that membership in an artifact kind is determined by a particular, shared function. This paper argues that function essentialism about artifacts is false. First, the two component conditions of function essentialism are given a (...) clear and precise formulation, after which counterexamples are offered to each. Second, ways to handle the counterexamples suggested by Randall Dipert and Simon Evnine are considered and rejected. Third, I then consider the prospects for restricting function essentialism to so-called technical artifacts, as Lynne Baker does, and argue that this, too, fails. This paper thereby consolidates the scattered literature on function essentialism and shows that, despite the seeming plausibility of the thesis, it should be rejected as an account of artifact essences. (shrink)

Much recent discussion has focused on the nature of artifacts, particularly on whether they have essences. While it is often held that artifacts are intention-dependent and necessarily have functions, it is equally commonly held, though far less discussed, that artifacts are the result of physical modification of some material objects. This paper argues that the physical modification condition on artifacts is false. First, it formulates the physical modification condition perspicuously for the first time. Second, it offers counterexamples to this condition, (...) both concrete and abstract. Third, it considers, and rejects, two responses to these counterexamples, one which appeals to the distinction between being a K and being used as a K and another which argues that the counterexamples are merely of functional, not artifactual, kinds. Finally, it considers, and rejects, a more general objection that appropriation makes artifact creation too easy. As a consequence, artifacts can be created by appropriating pre-existing objects and it sketches some success conditions for such appropriation. (shrink)

According to the account of artifacts developed by Lynne Rudder Baker, artifacts have a certain “proper function” essentially. The proper function of an artifact is the purpose or use intended for the artifact by its “author(s)”, viz., the artifact’s designer(s) and/or producer(s). Baker’s account therefore traces the essences of artifacts back indirectly to the intentions of an artifact’s original author (e.g., its inventor, maker, producer or designer). Like other “author-intention-based” accounts (e.g., those defended by Amie Thomasson, Simon Evnine, and others), (...) Baker’s treatment, or so I have argued, is subject to the concern that, when stated in its most general form, human creative intentions are not nearly as powerful and discriminating as proponents of author-intention-based accounts make them out to be (see Kathrin Koslicki, Form, Matter, Substance, Oxford University Press, 2018, Chapter 8). When Baker responds to a version of this objection launched against her account by Theodore Sider and Dean Zimmerman, she proposes that we cannot simply think things into existence for which “our conventions and practices do not have a place” (Lynne Rudder Baker, The Metaphysics of Everyday Life: An Essay in Practical Realism, 2007, p. 44). For example, I cannot, according to Baker, make up the word, “bonangle”, apply it to a piece of driftwood and thereby succeed in bringing into existence a new artifact, viz., a bonangle, merely by thinking to myself “It would be nice if the world contained bonangles; I hereby make that piece of driftwood a bonangle”. In order for this response to be effective, however, more needs to be said about how our conventions and practices support the creation of some artifacts and artifact kinds, while disallowing the attempted creation of others. In this paper, I examine the effectiveness of Baker’s response in addressing the challenges posed by the inclusion of artifacts in Baker’s practical realist ontology. (shrink)

We have a rough idea of what artifacts are: artifacts are objects made to serve a certain purpose. However, there is no consensus on how to specify this definition. Essentialists argue that objects are grouped into artifact kinds by sharing non-trivial artifact essences, while anti-essentialists argue that there is no such essence to be found. However, the prominent essentialist and anti-essentialist accounts suffer from extensional and definitional problems. I argue that the problems current essentialist and anti-essentialist accounts face mainly stem (...) from the assumption of artifact concept monism. According to artifact concept monism, there is only a single way to group objects into artifact kinds. To remedy the problems that stem from artifact concept monism, this paper offers an alternative framework by drawing parallels from the debates on species concept pluralism and art concept pluralism. (shrink)

The primary aim of this chapter is to show that several missteps made by others in in their thinking about law as an artefact are due to misconceptions about the role of intentions in understanding law as an artefact. I first briefly recap my own contention that law is a genre of institutionalized abstract artefacts (put forth in The Functions of Law (OUP 2016) and subsequent papers), mostly following Searle’s understanding of institutions and Thomasson’s understanding of public artefacts. I highlight (...) the central place that this theory affords law’s functions, without requiring the theorist to say that possession or performance of the function is either necessary or sufficient for inclusion in the class of law. Some of the most common misunderstandings are exemplified in Brian Leiter’s paper ‘Legal Positivism about the Artifact Law’. He thinks that holding an intentionalist view of artefacts commits the theorist to privileging drafters’ intentions when interpreting law. (It doesn’t.) He also has confusions about the differences between artefact tokens and artefact types leading him to a problematically broad understanding of artefacts. Another problem can be seen in thinking that functional understandings of artefacts are vulnerable to the same problems that arise in functional explanations for biological systems. I go on to consider the work of Luka Burazin and Corrado Roversi, addressing worries that making intentionality central to artefacts implies too much conscious thought is required to make one, noting that several theories of intentionality do not require conscious thought in the execution of intentional action. While those who think a central place for intentionality threatens to leave us unable to explain customary law, this can be dealt with by noting the important distinction between customary rules and customary laws (where the latter requires a decision to enlist public aid in redressing violations). I claim that authors’ intentions are communicated requests for the artefacts’ audiences to see the artefacts as members of their putative kinds. Finally, I address the question of whether or not legal systems are themselves artefacts and institutions, given that they may or may not have been intentionally created. An early lawgiver might have created a legal system by accident in the process of handing down the first laws. I raise the possibility that we might want to impute intentionality to necessary by-products of artefact creation, seeing those by-products as artefacts as well. (shrink)

The goal of this paper is to develop a systematic taxonomy of cognitive artifacts, i.e., human-made, physical objects that functionally contribute to performing a cognitive task. First, I identify the target domain by conceptualizing the category of cognitive artifacts as a functional kind: a kind of artifact that is defined purely by its function. Next, on the basis of their informational properties, I develop a set of related subcategories in which cognitive artifacts with similar properties can be grouped. (...) In this taxonomy, I distinguish between three taxa, those of family, genus, and species. The family includes all cognitive artifacts without further specifying their informational properties. Two genera are then distinguished: representational and non-representational (or ecological) cognitive artifacts. These genera are further divided into species. In case of representational artifacts, these species are iconic, indexical, or symbolic. In case of ecological artifacts, these species are spatial or structural. Within species, token artifacts are identified. The proposed taxonomy is an important first step towards a better understanding of the range and variety of cognitive artifacts and is a helpful point of departure, both for conceptualizing how different artifacts augment or impair cognitive performance and how they transform and are integrated into our cognitive system and practices. (shrink)

How do artifacts get their functions? It is typically thought that an artifact’s function depends on its maker’s intentions. This chapter argues that this common understanding is fatally flawed. Nor can artifact function be understood in terms of current uses or capacities. Instead, it proposes that we understand artifact function on the etiological model that Ruth Millikan and others have proposed for the biological realm. This model offers a robustly normative conception of function, but it does so naturalistically by employing (...) our best scientific theories, in particular natural selection. To help make this case, it proposes “living artifacts” (organisms designed for human purposes through artificial selection) as a bridge between the artifactual and the biological realms. (shrink)

I defend the intention-dependence of artifacts, which says that something is an artifact of kind K only if it is the successful product of an intention to make an artifact of kind K. I consider objections from two directions. First, that artifacts are often mind- and intention-dependent, but that this isn’t necessary, as shown by swamp cases. I offer various error theories for why someone would have artifact intuitions in such cases. Second, that while artifacts are necessarily mind-dependent, (...) they aren’t necessarily intention-dependent. I consider and reject three kinds of cases which purport to show this: accidental creation, automated production, and mass production. I argue that intentions are present in all of these cases, but not where we would normally expect. (shrink)

Traditional debate on the metaphysics of gender has been a contrast of essentialist and social-constructionist positions. The standard reaction to this opposition is that neither position alone has the theoretical resources required to satisfy an equitable politics. This has caused a number of theorists to suggest ways in which gender is unified on the basis of social rather than biological characteristics but is “real” or “objective” nonetheless – a position I term social objectivism. This essay begins by making explicit the (...) motivations for, and central assumptions of, social objectivism. I then propose that gender is better understood as a real kind with a historical essence, analogous to the biologist’s claim that species are historical entities. I argue that this proposal achieves a better solution to the problems that motivate social objectivism. Moreover, the account is consistent with a post-positivist understanding of the classificatory practices employed within the natural and social sciences. (shrink)

People often do things together and form groups in order to get things done that they cannot do alone. In short they form a collectivity of some kind or a group, for short. But if we consider a group on the one hand and the persons that constitute the group on the other hand, how does it happen that these persons work together and finish a common task with a common goal? In the philosophy of action this problem is (...) often solved by saying that there is a kind of collective intention that the group members have in mind and that guides their actions. Does such a collective intention really exist? In this article I’ll show that the answer is “no”. In order to substantiate my view I’ll discuss the approaches of Bratman, Gilbert and Searle on collective intention. I’ll put forward four kinds of criticism that undermine the idea of collective intention. They apply mainly to Bratman and Gilbert. First, it is basically difficult to mark off smaller groups from bigger unities. Second, most groups change in membership composition over time. Third, as a rule, on the one hand groups are internally structured and on the other hand they belong to a larger structure. It makes that generally it cannot be a collective intention that moves the actions of the members of a group. Fourth, conversely, most individual actions cannot be performed without the existence of a wider context of agents who support these actions and make them possible. My critique on Searle mainly involves that in his approach his idea of collective intention is superfluous and that he is not radical enough in his idea that collective action is based on coordinated individual intentions and actions. However, it is a good starting point for showing how collective action actually functions, especially when combined with Giddens’s structuration theory. Every agent in a group executes his or her own individual intentions, relying on what the group offers to this agent and asks from him or her. In this way individual actions of the members of a group are coordinated and it makes that the group can function and that its goals can be performed. And in this way the group is produced and reproduced by fitting individual actions together. An individual agent who belongs to a group only needs to know what s/he wants and what s/he has to do in the group, even if s/he has no knowledge of the intentions and commitments of the other members. Then he or she can do things together with others in a group without supposing that there is something like a collective intention. (shrink)

The aim of this paper is to defend a theory of artifacts based on the concept of field of action, as an alternative to functional, intentional and double-nature theories. The proposed theory is realistic about the existence of entities that are artifacts, and praxiological about the nature of such entities. The basis of the theory is the concept of action; from this concept, the concepts of field of action and participants in a field of action, namely, agents and objects, are (...) introduced. An artifact is defined as an object that has a part and role in the achievement of an action. (shrink)

Truth in a correspondence sense is objective in two ways. It is objective because the relation of correspondence is objective and because the facts to which truths correspond are objective. Truth about artifacts is problematic because artifacts are intentionally designed to perform certain functions, and so are not entirely mind independent. Against this, it is argued in this paper that truth about artifacts is perfectly objective despite the role played by intention and purpose in the production of artifacts.

In this paper, I defend the possibility that law is a functional kind by replying to objections from Leslie Green and Brian Tamanaha. I also show how Kenneth Ehrenberg’s approach to law’s functions in his latest book concedes too much to these objections. A functional kinds approach to law is possible and, for someone interested in showing the importance of law’s functions, preferable. I first explore Tamanaha’s objection and show that the possibility of functional equivalents does not pose a (...) problem for a functional kinds account of law. I then respond to Green by showing that law is more distinctively identified by its function than by the means by which it achieves this function. I quickly explore a lesser objection dealing with how law can pursue a variety of ends while having the same function the whole while. I then turn to an issue Ehrenberg raises regarding thinking of the law as having a plurality of functions like a Swiss Army knife. Finally, I show that Ehrenberg’s approach to the relationship between law and its functions is unnecessarily weak, as it avoids holding that law's nature or essence is its proper function for similar reasons to Green and Tamanaha. (shrink)

This article looks at some of the metaphysical properties of cognitive artefacts. It first identifies and demarcates the target domain by conceptualizing this class of artefacts as a functional kind. Building on the work of Beth Preston, a pluralist notion of functional kind is developed, one that includes artefacts with proper functions and system functions. Those with proper functions have a history of cultural selection, whereas those with system functions are improvised uses of initially non-cognitive artefacts. Having identified (...) the target domain, it then briefly looks at the multiple usability of physical structures and the multiple realizability of cognitive function. Further developing insights from the “dual nature of artefacts thesis”, the article ends with conceptualizing the structure–function relations of cognitive artefacts. More specifically, it unpacks the relation between physical structure, representational structure, information, and cognitive function. (shrink)

Fiat objects may come into existence by intentional explicit defnition and convention or they can be the result of some spontaneous and unintentional activity resulting in tracing fat spatial boundaries. Artifacts and fiat objects seem intuitively to be correlated: both artifacts and fiat objects depend for their existence on agents and their intentions. Is it possible to consider fiat objects as artifacts and to what extent? Or else can we conceive at least some artifacts as fiat objects? In order to (...) draw a map of the possible answers to these two questions we will take into account various defnitions of artifacts stemming from the two classical approaches: the intentional and the functional one. (shrink)

Artifacts are ubiquitous and influential in our world, but their nature and existence are controversial. Several theories have been proposed to explain the ontology of artifacts. Drawing on Popper's theory of three worlds, this paper suggests a metaphysics for artifacts along the line of a critical rationalist (CR) approach. This theory distinguishes between three realms of reality: the physical world (World 1), the mental world (World 2), and the world of objective knowledge (World 3). The paper argues that artifacts have (...) different ontological components that correspond to these three realms, and that each component is real and causal. The paper shows how this perspective can account for the intentional and functional aspects of artifacts, as well as their dependence on plans that influence different realms of reality. The paper explains how this pluralistic ontology, compared to the rival theories, enables one to explain the relevant ontological problems of artifacts. The paper also explores how this proposal can lead to a research program encompassing a broader range of technologies, such as social artifacts. In sum, the paper suggests that Popper's three worlds theory provides a rich and comprehensive framework for understanding the metaphysics of artifacts. (shrink)

It has been claimed that the intentional stance is necessary to individuate behavioral traits. This thesis, while clearly false, points to two interesting sets of problems concerning biological explanations of behavior: The first is a general in the philosophy of science: the theory-ladenness of observation. The second problem concerns the principles of trait individuation, which is a general problem in philosophy of biology. After discussing some alternatives, I show that one way of individuating the behavioral traits of an organism is (...) by a special use of the concept of biological function, as understood in an enriched causal role (not selected effect) sense. On this view, a behavioral trait is essentially a special kind of regularity, namely a regularity that is produced by some regulatory mechanism. Regulatory mechanisms always require goal states, which can only be provided by functional considerations. As an example from actual (as opposed to folk) science, I examine the case of social behavior in nematodes. I show that the attempt to explain this phenomenon actually transformed it. This supports the view that scientific explanation does not explain an explanandum phenomenon that is given prior to the explanation; rather, the explanandum is changed by the explanation. This means that there could be a plurality of stances that have some heuristic value initially, but which will be abandoned in favor of a functional characterization eventually. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

"Time. Perception. Imagination. Phenomenological Studies on the Question of Time by Augustine, Kant and Husserl". (rus), SPb, 2013. Summary: The monograph is devoted to the key elements of the philosophy of time which determine the necessity of historicism in the analysis of subjectivity. The main idea which defined the composition and design of this work is to trace how the Kantian definition of time as the “form of inner sense” is revealed in Husserl’s phenomenology. The original intention was to understand (...) all three components of this definition. Firstly, what is the inner form, in terms of phenomenology, what are the principles of its constitution and how one can talk about the property of formation? Secondly, what is the meaning of the term "inner" in philosophy, where the division into internal and external has always been a formality, not affecting the essence of things? And finally, what sort of “sensibility” is assumed in transcendental science, bound to become the basis of understanding the history and culture. Presumably, these three Kantian concepts constituted the original plan to analyze the nature of cognitive capabilities of the subject, claiming the gnoseological stage on which the philosophy of time is unfolded. In other words, this work deals with the historical and philosophical analysis of the phenomenological principles by which the concept of time as developed in the twentieth century emerged in the framework of phenomenology. The analyze of the structure of the subject assumes that time, perception and imagination combine in a special type of inner synthesis, which may not be relevant to certain aspects of the method but maintain the basis for a kind of anthropology of time, in continuation of the traditional “inner” contemplation. I consider the inner structure of time with the account of philosophy of St. Augustine, who in many respects not only anticipated the conclusions of phenomenology, but also in his reflections encompassed deeper layers of inner experience. The first chapter is devoted to the doctrine of St. Augustine, in which the theory of time is analyzed in conjunction with the doctrine of “inner word”, specifics of memory representations and notion of inner sense. Additionally, I consider St. Augustine’s reflections about numbers that constitute the basis of aesthetic perception of music (De Musica). Thus, the philosophy of St. Augustine already covers the whole spectrum of anthropology of time, including the question of relation between time and eternity, which remains practically unexplored in phenomenology and serves as the proof of that in interactions between philosophy and theology the tradition remains important. The second chapter of this study is devoted to analysis of the transcendental aesthetic of Kant, which includes all the methodological possibilities of considering the category of time as a formal condition for any experience, consequentially serving as a foundation for further logical development by Husserl, which includes the critical disengagement of the founder of phenomenology from Kant's transcendentalism. Particular attention is paid to the origin of the concept of inner sense, as well as possible interpretations of the function of imagination, which as a transcendental ability remains the most interesting type of synthesis. Handwritten fragments of Kant’s works are also of interest to the character of the imagery as considered in detail by Husserl. Chapter three discusses the phenomenology of inner time consciousness, represented in those important aspects, without which it is impossible to speak about the internal structure of temporal experience - the subjectivity of time, retention, "living present", and the character of synthesis. Particular attention is paid to Husserl's polemics with those representatives of psychological branch in the studies of consciousness, whose ideas greatly influenced the very motivation for creating the method. Apart from the well-known criticism of Brentano, the third chapter highlights the rarely analyzed psychological ideas that motivated the choice of Husserl’s terminology - the "Präsenzzeit” by W. Stern, the "psychological analysis" by A. Meinong, and the “fusion” (Verschmelzung) by K. Stumpf. Chapter four deals with the need to analyze the specifics of image as an element of consciousness and imagery as such, which includes a system of objectified acts. Thus is revealed the very nature of synthetic connections in the acts of consciousness, as well as the presumably imaginative character of the constitution of temporal form. (shrink)

In this paper I take it for granted that legal institutions are artifacts. In general, this can very well be considered a trivial thesis in legal philosophy. As trivial as this thesis may be, however, to my knowledge no legal philosopher has attempted an analysis of the peculiar reality of legal phenomena in terms of the reality of artifacts, and this is particularly striking because there has been much discussion about artifacts in general philosophy (specifically analytic metaphysics) over the last (...) twenty years. In particular, the concepts of intention, function, plan of action, and history are in competition to explain the ontology of artifacts, and a similar competition can be found at the core of legal theory. Such a striking parallelism between the domain of artifacts and that of legal institutions is a clue for legal ontology that deserves further attention: I will offer my own interpretation of this parallelism in the first part of this paper (Sections 2 and 3). In providing a theory of legal institutions as artifacts, one could be led to the conclusion that law is essentially an artificial phenomenon, something which does not bear any significant relationship to the natural domain. However, I think that such a conclusion would be mistaken. In fact, this is the second thesis I want to explore in this paper: not only that legal institutions are artifacts, but also that they can be artifacts which in some sense "mirror," or imitate, some descriptions of the natural, pre-social reality we live in. What I would like to show is not that legal institutions are "natural" in the sense that they have some feature which is not human-dependent, as some natural law theorists would say, but rather that their conceptual content can depend on our conceptualization of the natural domain despite being entirely artifactual. This is what I will call the "institutional mimesis" behind several important instances of legal artifacts, and I will deal with it in the second part of this paper (Sections 4 and 5). (shrink)

Abstract artifacts such as musical works and fictional entities are human creations; they are intentional products of our actions and activities. One line of argument against abstract artifacts is that abstract objects are not the kind of objects that can be created. This is so, it is argued, because abstract objects are causally inert. Since creation requires being caused to exist, abstract objects cannot be created. One common way to refute this argument is to reject the causal inefficacy of (...) abstracta. I argue that creationists should rather reject the principle that creation requires causation. Creation, in my view, is a non-causal relation that can be explained using an appropriate notion of ontological dependence. The existence and the creation of abstract artifacts depend on certain individuals with appropriate intentions, along with events of a certain kind that include but are not limited to creations of certain concrete objects. (shrink)

Laws can be evaluated as better or worse relative to different normative standards. But the standard set by the Rule of Law defines a kind-relative standard of evaluation: features like generality, publicity, and non-retroactivity make the law better as law. This fact about legal evaluation invites a comparison between law and other “goodness-fixing kinds,” where a kind is goodness-fixing if what it is to be a member of the kind fixes a standard for evaluating instances as better (...) or worse. Indeed, for any goodness-fixing kind, K, that sets a standard, S, for evaluating Ks as Ks, we can ask: (1) How does the nature of Ks explain S? (2) Does being a K depend on meeting a minimum threshold of S-relative goodness? In the case of law and its kind-relative standard defined by the Rule-of-Law virtues, these questions lack settled answers. Although Raz (1979, 2019) offers some discussion, I argue that his answers have the surprising upshot of rendering law sui generis relative to other goodness-fixing kinds, and that preserving continuity with other such kinds involves revising the general picture. On the revised picture, law construed as a system of rules is subject to kind-relative evaluation because it is (a) a functional artifact, (b) with an essential function of realizing a limited normative ideal, and (c) its being minimally good at that function—that is, its realization of the relevant normative ideal to some degree—is a condition and ground of law’s existence, since all functional artifacts appear to be subject to such threshold conditions. (shrink)

Conversational Artificial Intelligence (CAI) systems (also known as AI “chatbots”) are among the most promising examples of the use of technology in mental health care. With already millions of users worldwide, CAI is likely to change the landscape of psychological help. Most researchers agree that existing CAIs are not “digital therapists” and using them is not a substitute for psychotherapy delivered by a human. But if they are not therapists, what are they, and what role can they play in mental (...) health care? To answer these questions, we appeal to two well-established and widely discussed concepts: cognitive and affective artifacts. Cognitive artifacts are artificial devices contributing functionally to the performance of a cognitive task. Affective artifacts are objects which have the capacity to alter subjects’ affective state. We argue that therapeutic CAIs are a kind of cognitive-affective artifacts which contribute to positive therapeutic change by (i) simulating a (quasi-)therapeutic interaction, (ii) supporting the performance of cognitive tasks, and (iii) altering the affective condition of their users. This sheds new light on why virtually all existing mental health CAIs implement principles and techniques of Cognitive Behavioral Therapy — a therapeutic orientation according to which affective change and, ultimately, positive therapeutic change is mediated by cognitive change. Simultaneously, it allows us to conceptualize better the potential and limitations of applying these technologies in therapy. (shrink)

In recent years, theorists have debated how we introduce new social objects and kinds into the world. Searle, for instance, proposes that they are introduced by collective acceptance of a constitutive rule; Millikan and Elder that they are the products of reproduction processes; Thomasson that they result from creator intentions and subsequent intentional reproduction; and so on. In this chapter, I argue against the idea that there is a single generic method or set of requirements for doing so. Instead, there (...) is a variety of what I call “anchoring schemas,” or methods by which new social kinds are generated. Not only are social kinds a diverse lot, but the metaphysical explanation for their being the kinds they are is diverse as well. I explain the idea of anchoring and present examples of social kinds that are similar to one another but that are anchored in different ways. I also respond to Millikan’s argument that there is only one kind of “glue” that is “sticky enough” for holding together kinds. I argue that no anchoring schema will work in all environments. It is a contingent matter which schemas are successful for anchoring new social kinds, and an anchoring schema need only be “sticky enough” for practical purposes in a given environment. (shrink)

The idea that a being can be identical to its own essence has a long and venerable history in theological speculation. As with many ideas in theology, however, such an idea has never been given an adequate mathematical formulation. The key to such a formulation, I argue, is introducing an essence axiom into non-well-founded set theory. According to such an axiom, for every set, x, there is a set that contains all and only those sets that contain x. With such (...) an axiom, it becomes possible to introduce an essence function that takes each set to its essence. An object that is identical to its essence, then, is simply a fixed point of the essence function. In this paper, I first discuss a theorem according to which any fixed point of the essence function is universally symmetrical with respect to the set membership relation. After proving the theorem, I discuss its theological implications. I go on to argue that the process of counting the members of a set that is identical to its essence is a Sisyphusian process. Such a fact I suggest shows that the absurdity of human existence is not alleviated by the existence of God but rather is entailed by it. (shrink)

Suppose that it is rational to choose or intend a course of action if and only if the course of action maximizes some sort of expectation of some sort of value. What sort of value should this definition appeal to? According to an influential neo-Humean view, the answer is “Utility”, where utility is defined as a measure of subjective preference. According to a rival neo-Aristotelian view, the answer is “Choiceworthiness”, where choiceworthiness is an irreducibly normative notion of a course of (...) action that is good in a certain way. The neo-Humean view requires preferences to be measurable by means of a utility function. Various interpretations of what exactly a “preference” is are explored, to see if there is any interpretation that supports the claim that a rational agent’s “preferences” must satisfy the “axioms” that are necessary for them to be measurable in this way. It is argued that the only interpretation that supports the idea that the rational agent’s preferences must meet these axioms interprets “preferences” as a kind of value-judgment. But this turns out to be version of the neo-Aristotelian view, rather than the neo-Humean view. Rational intentions maximize expected choiceworthiness, not expected utility. (shrink)

Boyle argues that because matter naturally possesses size, shape and mobility, it can be organized into structures that have qualities that exceed what the particles themselves have. These structures can become an essence or ‘corpuscular form’ that accounts both for the properties of the body and its membership in a natural kind. Similarly, increasingly more complex structures can result in the production of organisms that are also members of natural kinds. In this way, Robert Boyle is arguing for (...) a version of natural kind realism that is based on the structure of the underlying matter and discovered empirically via the resulting properties. (shrink)

In this paper I present and critically discuss Simon Evnine’s account of hylomorphically complex objects (as presented in his 2016 book Making Objects and Events). On the one hand, I object to the account he gives of how artifacts (which are for him the paradigmatic cases of hylomorphically complex objects) allegedly acquire their existence and identity conditions. I elaborate on two problems I see for this account: first, that it seems unable to explain our knowledge of the kinds to which (...) artifacts belong; second, that it cannot offer a plausible solution to the grounding problem for coincident objects. I also object to the way in which he tries to adapt the sort of account he gave for artifacts to the case of organisms (in my view this fails because both cases are dissimilar at crucial points), and finally I also object to his attempt to extend that account, in a fictional way, to the case of natural non-organic objects (as I try to show, both his arguments to the effect that there are no such objects, and his positive fictionalist proposal to account for our talk about them, are flawed). (shrink)

How should we account for the planning and performance of a bodily action in terms of the agent’s intentions? An influential answer invokes two distinct kinds of intention: intentions for the future (also known as prior intentions or distal intentions), responsible for action planning, and intentions for the present (also known as intentions in action or proximal intentions), responsible for action performance. I argue that there is something wrong with this influential answer: the notion of intention for the present is (...) either superfluous (because intentions for the future can exercise functions associated both with action planning and with action performance) or ambiguous (because it conflates temporal, functional, and content-related aspects). Developing this criticism will lead to an alternative account of action planning and performance based on intentions of just one kind. (shrink)

I develop an interpretation of Maurice Merleau-Ponty's concept of motor intentionality, one that emerges out of a reading of his presentation of a now classic case study in neuropathology—patient Johann Schneider—in Phenomenology of Perception. I begin with Merleau-Ponty's prescriptions for how we should use the pathological as a guide to the normal, a method I call triangulation. I then turn to his presentation of Schneider's unusual case. I argue that we should treat all of Schneider's behaviors as pathological, not only (...) his abstract movements, as is commonly acknowledged in the secondary literature, but also crucially his concrete movements. Using these facts of Schneider's illness, I reconstruct a ‘fundamental function’ of consciousness, as Merleau-Ponty called it, in which there are two kinds of bodily agency: the power of the body to be solicited by a situation and the power of the body to project a situation. I propose that these powers became dissociated in Schneider's case, as evidenced by his abstract and concrete movements, while in the normal case, these powers comprise a dynamic unity, enacted as motor intentionality. I also discuss how my interpretation complements Merleau-Ponty's assertion that motor intentions exist between mind and matter. (shrink)

Bodily sensations, such as pain, hunger, itches, or sexual feelings, are commonly characterized in terms of their phenomenal character. In order to account for this phenomenal character, many philosophers adopt strong representationalism. According to this view, bodily sensations are essentially and entirely determined by an intentional content related to particular conditions of the body. For example, pain would be nothing more than the representation of actual or potential tissue damage. In order to motivate and justify their view, strong representationalists often (...) appeal to the reliable causal covariance between bodily sensations and certain kinds of bodily conditions or to the corresponding biological function that these bodily sensations are supposed to fulfill. In this paper, I argue on the basis of recent empirical research that arguments from reliable causal covariance and biological function cannot motivate the introduction of corresponding intentional content. In particular, I argue that bodily sensations are caused by a heterogeneous class of physiological and psychological factors and their biological functions are too diverse to be reduced to the representation of a particular bodily condition. Responses are available to strong representationalists, but they either require substantial alterations to their core assumptions or incur a significant empirical burden. (shrink)

I argue that mass produced artifacts are ontologically distinctive. If we think of the making of an artifact as the imposition of a creative intention on to some matter, usually through intentional manipulation of the matter, then in the case of mass production, one could say that there is not enough mind to go around! Batches of mass produced objects will have a distinctive essence, lying in the creative act by which they are made, but within a batch, the objects (...) will be distinct from each other, but not essentially distinct. (shrink)

La actitud del diseño es una estrategia interpretativa propuesta por Dennett, que consiste en tratar al sistema, cuyo “comportamiento” se quiere predecir, bajo el supuesto de que sus partes cumplen funciones que obedecen a un diseño satisfactorio. Sin embargo, estudios recientes sobre atribución funcional en artefactos técnicos consideran que la actitud del diseño supone una estrategia inadecuada para entender qué hace un artefacto técnico. En particular, dos críticas han ganado visibilidad. Por una parte, Vermaas et al. (2013) señalan una inconsistencia (...) en la propuesta dennettiana de la actitud del diseño: las intenciones del diseñador a veces desempeñan un papel en la interpretación de los artefactos y a veces no lo hacen, sin tener finalmente una intuición clara sobre su rol. Por otra parte, Vaesen y Van Amerongen (2008) sostienen que la actitud del diseño admite dos interpretaciones, una descriptiva y una normativa, y que ambas son implausibles. No obstante, en este trabajo argumentamos que estas críticas son rebatibles y que el problema reside en que ambas acusaciones, i.e. inconsistencia e implausibilidad, suponen una interpretación incorrecta de la posición de Dennett. The design attitude is an interpretive strategy proposed by Dennett, which consists of treating the system, whose “behavior” is to be predicted, under the assumption that its parts fulfill functions that accomplish a satisfactory design. Recent studies on technical artifacts' functional attribution claim that the design attitude is an inadequate strategy to elicit what a technical artifact does. In particular, two criticisms have gained visibility. On the one hand, Vermas et al (2013) remark an inconsistency in Dennett’s design stance. The very designer's intentions sometimes play a role in the interpretation of artifacts and sometimes they don´t, without finally having a clear intuition about their role. On the other hand, Vaesen and Van Amerongen (2008) argue that the design stance admits two interpretations, a descriptive and a normative one and that both are implausible. However, we argue that these criticisms miss the point given that both accusations, i.e. of inconsistency and of implausibility, result from a wrong interpretation of Dennett's position. (shrink)

We examine the notion of cognitive artifact and its possible application to the animal technic. Although the issue of animal technic is not very much discussed, the case studies focused on the capacity of using and manufacturing tools suggest that some animals deploy cognitive skills. Could the tools employed by animals be considered genuine cases of cognitive artifacts? In this paper we propose a definition of “cognitive artifact” based on the notion of “proper function,” which allows us to develop a (...) gradual scale where we place different kinds of artifacts according to the prevalence of the cognitive function (in opposition to the prac-tical one). Applying this scale to the non-human sphere, we defend the idea that there exists a range of non-human technical phenomena of use and artifacts and tools manufacturing, and that some of this artifacts have an incipient proper cognitive function. In order to defend these theses, we examine the examples of the cobwebs, the nests and the honeycombs. (shrink)

Teleology has a complicated history in the biological sciences. Some have argued that Darwin’s theory has allowed biology to purge itself of teleological explanations. Others have been content to retain teleology and to treat it as metaphorical, or have sought to replace it with less problematic notions like teleonomy. And still others have tried to naturalize it in a way that distances it from the vitalism of the nineteenth century, focusing on the role that function plays in teleological explanation. No (...) consensus has seemed possible in this debate. This paper takes a different approach. It argues that teleology is a perfectly acceptable scientific notion, but that the debate took an unfortunate misstep some 2300 years ago, one that has confused things ever since. The misstep comes in the beginning of Aristotle’s Physics when a distinction is made between two types of teleological explanation. One type pertains to artifacts while the other pertains to entities in nature. For Aristotle, artifacts are guided by something external to themselves, human intentions, while natural entities are guided by an internal nature. We aim to show that there is, in fact, only one type of legitimate teleological explanation, what Aristotle would have considered a variant of an artifact model, where entities are guided by external fields. We begin with an analysis of the differences between the two types of explanation. We then examine some evidence in Aristotle’s biological works suggesting that on account of his natural-artifactual distinction, he encountered difficulties in trying to provide teleological accounts of spontaneous generation. And we show that it is possible to resolve these difficulties with a more robust version of an artifact model of teleology, in other words, with an externalist teleology. This is McShea’s model, in which goal-directed entities are guided by a nested series of upper-level fields. To explain teleological behavior, this account invokes only external physical forces rather than mysterious internal natures. We then consider how field theory differs from other efforts to naturalize teleology in biology. And finally, we show how the account enables us to grapple with certain difficult cases – genes and intentions – where, even in biology today, the temptation to posit internal natures remains strong. (shrink)

This paper clarifies and answers the following question: is technology morally neutral? It is argued that the debate between proponents and opponents of the Neutrality Thesis depends on different underlying assumptions about the nature of technological artifacts. My central argument centres around the claim that a mere physicalistic vocabulary does not suffice in characterizing technological artifacts as artifacts, and that the concepts of function and intention are necessary to describe technological artifacts at the right level of description. Once this has (...) been established, I demystify talk about the possible value-ladenness of technological artifacts by showing how these values can be empirically identified. I draw from examples in biology and the social sciences to show that there is a non-mysterious sense in which functions and values can be empirically identified. I conclude from this that technology can be value-laden and that its value-ladenness can both derive from the intended functions as well as the harmful non-intended functions of technological artifacts. (shrink)

The Twin Earth thought experiment invites us to consider a liquid that has all of the superficial properties associated with water (clear, potable, etc.) but has entirely different deeper causal properties (composed of “XYZ” rather than of H2O). Although this thought experiment was originally introduced to illuminate questions in the theory of reference, it has also played a crucial role in empirically informed debates within the philosophy of psychology about people’s ordinary natural kind concepts. Those debates have sought to (...) accommodate an apparent fact about ordinary people’s judgments: Intuitively, the Twin Earth liquid is not water. We present results from four experiments showing that people do not, in fact, have this intuition. Instead, people tend to have the intuition that there is a sense in which the liquid is not water but also a sense in which it is water. We explore the implications of this finding for debates about theories of natural kind concepts, arguing that it supports views positing two distinct criteria for membership in natural kind categories – one based on deeper causal properties, the other based on superficial, observable properties. (shrink)

Functional intentionality is the dominant theory about how mental states come to have the content that they do. Phenomenal intentionality is an increasingly popular alternative to that orthodoxy, claiming that intentionality cannot be functionalized and that nothing is a mental state with intentional content unless it is phenomenally conscious. There is a consensus among defenders of phenomenal intentionality that the kind of phenomenology that is both necessary and sufficient for having a belief that "there is a tree in the (...) quad" is that the agent be consciously aware of the meaning of "tree" and "quad". On this theory, experiences with a valence -- experiences like happiness and sadness, satisfaction and frustration -- are irrelevant to intentionality. This paper challenges that assumption and considers several versions of "valent phenomenal intentionality" according to which a capacity for valent conscious experiences is either a necessary or a sufficient condition for intentionality (or both). (shrink)

Meaning as the original function of language is the arrangement of internal things on the part of the creative and historical individual subject who speaks a particular language. Meaning constitutes the series of contents making up the linguistic world human subjects can manage real things with. Real things are not described with meanings but merely represented and designated. Meanings represent the essence of things thus making them members of a category. In this sense, meaning is the base to create things (...) in as much as they constitute entities. Only through the operation of determination can meanings designate individual real things. Since meaningful categories are intended to particular purposes, meaning is intentional and inclusive. (shrink)

Resumen: Husserl propone una teoría sobre la intersubjetividad que parte de la conciencia trascendental como inserta en el mundo de la vida donde están los otros y donde la comunidad se construye bajo una estructura de esencias que garantiza la comunalidad. El mundo de la vida es dado y compartido por todas las conciencias intencionales y trascendentales, es condición para intuiciones empíricas y eidéticas, la epoché y las reducciones eidética y trascendental. Cada momento del método fenomenológico se basa en la (...) existencia de un mundo de la vida independiente de la subjetividad. En este mundo, hay objetos reales y, entre estos, los otros, reconocidos por analogía a través de la empatía. Desde una perspectiva metodológico-epistemológico, el yo es anterior al mundo y a los otros yos. El yo constituye, en sentido fenomenológico, la realidad. La conciencia es el lugar de evidenciación de la realidad. No obstante, en la perspectiva ontológica, es lo contrario. El mundo de la vida es anterior a la conciencia individual. El mundo de la vida está ahí, disponible, existente, independiente del sujeto, funcionando con su propio orden, con sus leyes y reglas. Es el yo el que esta insertado en el mundo de la vida y que se esfuerza por desvendarlo. La realidad se impone y el yo es, sobre todo, miembro de una comunidad de otros yos. Aun así, ¿cómo compartir las experiencias? Las vivencias pueden ser diferentes, pero hay un límite en las variaciones, un límite dado por la esencia del objeto vivido y por las leyes que rigen las relaciones de tal objeto. Así, la constitución del mundo y de sus objetos está permanentemente en progreso. Es posible donarles nuevos sentidos, en los límites de su esencia. Para Husserl, la constitución comunal del mundo es la condición de posibilidad para la existencia de sujetos separados unos de los otros, y este entendimiento recíproco solo es posible a través de la constitución trascendental de la objetividad. Así, no hay una separación entre la intersubjetividad y la constitución del mundo, es la comunidad de yos la que dona sentidos a las objetividades. En el mundo de la vida con los otros en comunidad. -/- Abstract: Husserl proposes a theory on intersubjectivity that starts from transcendental consciousness as inserted in the lifeworld where the others and where the community are built under a structure of essences that guarantees communality. The lifeworld is given and shared by all intentional and transcendental consciousnesses, it is a condition for empirical and eidetic intuitions, the epoché and the eidetic and transcendental reductions. Every moment of the phenomenological method is based on the existence of a lifeworld independent of subjectivity. In this world, there are real objects and, among these, the others, recognized by analogy through empathy. From a methodologicalepistemological perspective, the self is prior to the world and the other selves. The self constitutes, in a phenomenological sense, reality. Consciousness is the locus of evidence of reality. However, from the ontological perspective, it is the opposite. The lifeworld is prior to individual consciousness. The lifeworld is there, available, existing, independent of subjectivity, functioning with its own order, with its laws and rules. It is the self that is inserted in the lifeworld and that strives to unveil it. Reality prevails and the self is, above all, a member of a community of other selves. Even so, how to share the experiences? The experiences can be different, but there is a limit in variations, a limit given by the essence of the lived object and by the laws that govern the relation of the object. Thus, the constitution of the world and its objects is permanently in progress. It is possible to give them new meanings, within the limits of their essence. For Husserl, the communal constitution of the world is the condition of possibility for the existence of subjects separated from each other, and this reciprocal understanding is only possible through the transcendental constitution of objectivity. therefore, there is no separation between intersubjectivity and the constitution of the world, it is the community of selves that gives meaning to objectivities. (shrink)

Recent work in metaphysics has focused on the nature of artefacts, most accounts of which assume that artefacts depend on the intentions of their individual makers. Artefacts are thus importantly different from institutional kinds, which involve collective intentions. However, recent work in social ontology has yielded renewed focus on the social dimensions of various kinds, including artefacts. As a result, some philosophers have suggested that artefacts have a distinctly social dimension that goes beyond their makers' individual intentions but which stops (...) short of the collective intentionality of institutional kinds. I aim to combine these insights into an account of artefacts that involves disjunctive conditions of mind-dependence: Artefacts can either depend on the singular intentions of their makers or they can depend on the collective acceptance of particular social groups. Whether the first or second disjunct is satisfied depends on the artefact's context of creation. I'll argue that this applies not to artefact kinds but to individual artefacts. I then consider two objections to my view based on Robinson Crusoe cases and show how my account allows us to fit artefacts into a taxonomy of social kinds. (shrink)

Corporations have often been taken to be the paradigm of an organization whose agency is autonomous from that of the successive waves of people who occupy the pattern of roles that define its structure, which licenses saying that the corporation has attitudes, interests, goals, and beliefs which are not those of the role occupants. In this essay, I sketch a deflationary account of agency-discourse about corporations. I identify institutional roles with a special type of status function, a status role, in (...) which the collectively accepted function is expressed in part through its occupier’s intentional expression of her agency in that role. I identify institutions as systems of status roles and show how this is compatible with seeing the agency of institutions generally, even over time periods in which there is complete change in role occupiers, as a matter of the contributions only of individual agents. I explain how the reduction of the institution to its members is compatible with its potentially having had a completely different membership. I show in the case of the corporation in particular that, once we see its origins and function, the surface features of legal discourse about corporate agency are misleading and are compatible with a deflationary account of corporate agency. I show in connection with this that the corporation is to be identified with its shareholders, and that where a corporation separates ownership and control, its managers and employees are proxy agents of the shareholders doing business under the corporate form. Finally, I canvass the legitimate ways of construing ordinary talk about corporate intention, belief, and so on, in light of this, none of which support the attribution of genuine agency or intentionality to any group per se associated with the corporation. (shrink)

Well‐functioning agents ordinarily have an excellent epistemic relationship to their intentional actions. This phenomenon is often characterized as knowledge of what one is doing and labeled “practical knowledge”. But when we examine it carefully, it seems to require a particular kind of understanding ‐ understanding of the normative structure of one's action. Three lines of argument are offered to support this Necessity of Understanding thesis. The first appeals to the nature of intentional action and the second to our everyday (...) reasons explanation of action. The final line of argument draws on a practical amnesia case in which an agent forgets her overall goal while acting. Implications of the Necessity of Understanding thesis for the widely endorsed non‐observational view of practical knowledge are briefly discussed. It is argued that support for the non‐observational view is weaker than has been appreciated. (shrink)

Noncognitivism about normative judgment is the view that normative judgment is a distinctive kind of mental state, identical neither to belief or desire, but desire-like in its functional role and direction of fit. Noncognitivism about intention (also called the “distinctive practical attitude” theory) is the view that intention is a distinctive kind of mental state, identical neither to belief or desire, but desire-like in its functional role and direction of fit. While these theories are alike in several ways, (...) they have rarely been discussed in concert. This paper studies the relation between these two theories, focusing on the question of whether noncognitivism about intention faces an analogue of the well-known Frege-Geach problem for noncognitivism about normative judgment. I argue that whether it faces the Frege-Geach problem depends on how it treats the distinction between what Anscombe called expressions of intention and personal predictions. I show that there is substantial pressure to treat that distinction as semantic, and that a variant of the Frege-Geach problem arises for versions of noncognitivism about intention that go this route. Yet some philosophers of action may be willing to resist this pressure, and I develop a pragmatic account of the distinction that would allow such philosophers to avoid the Frege-Geach problem altogether. I argue that this pragmatic account has significant independent appeal. Notably, it provides a way for noncognitivists about intention to undercut the force of a recent argument for cognitivism due to Berislav Marušić and John Schwenkler. (shrink)

What makes it the case that an utterance constitutes an illocutionary act of a given kind? This is the central question of speech-act theory. Answers to it—i.e., theories of speech acts—have proliferated. Our main goal in this chapter is to clarify the logical space into which these different theories fit. -/- We begin, in Section 1, by dividing theories of speech acts into five families, each distinguished from the others by its account of the key ingredients in illocutionary acts. (...) Are speech acts fundamentally a matter of convention or intention? Or should we instead think of them in terms of the psychological states they express, in terms of the effects that it is their function to produce, or in terms of the norms that govern them? In Section 2, we take up the highly influential idea that speech acts can be understood in terms of their effects on a conversation’s context or “score”. Part of why this idea has been so useful is that it allows speech-act theorists from the five families to engage at a level of abstraction that elides their foundational disagreements. In Section 3, we investigate some of the motivations for the traditional distinction between propositional content and illocutionary force, and some of the ways in which this distinction has been undermined by recent work. In Section 4, we survey some of the ways in which speech-act theory has been applied to issues outside semantics and pragmatics, narrowly construed. (shrink)

Divine intention is an important problem for both philosophy and Kalam. This problem has two aspects as the subject and action of the intention. The intention of the subject occurs for the motion or the action itself. The intention of the action is to reach the motion or the action itself. According to this, when a person travels to Mecca to visit Kaaba, the visit is the intention of the subject and the journey is the intention of the action. In (...) this context, does Allah have an intention? And what are the intentions of the actions aris-ing from him? In the Islamic philosophy, the first question is handled as "intention of the sub-ject/divine intention” and the second question as "the intention of the actions/divine inten-tion of the actions". In order to answer the first question, we must examine all types of inten-tions. Each subject takes action to benefit them, to benefit others and to act for the sake of the goodness and kindness. Allah would be dependent being if he acted to benefit him and to make up for a flaw for the first of these intentions. In the second intention type, if Allah acted for someone else, this sit-uation would be on the degree of cause for the subject and he would be passive. For the third intention type which is to act to reach for perfection, it would deem Allah as a dependent being. The above-mentioned intentions are flawed. On the contrary, Allah is perfect and does not need any of these intentions to create. Thus, he is not subject to any of these possible inten-tions. These intentions are only used by imperfect subjects. Of course, it does not mean that Allah does not have intentions. According to Avicenna and Mulla Sadra, intention of Allah is the love towards his essence which is free from any flaw. According to this, all beings are entailed to the divine essence and they exist due to the love of essence of Allah. Allah has a direct intention as well as an indirect one. As mentioned before, Allah is in love with his essence. Allah loves the works and actions of his essence as well, according to the principal that one, who loves the essence, loves the works and actions of that essence as well. In this context, the love of essence of the Allah is a direct intention, while the love of his es-sence's works and actions is an indirect intention. After the divine intention is explained, we must also explain the intention of the divine ac-tions. According to both Mulla Sadra and Avicenna, since possible beings are flawed, their intention is to reach to certain perfections which are compatible with themselves. Mulla Sadra states that Allah bestows motivation to possible beings to advance towards the perfection and he claims that these beings make use of that motivation to be perfect. Therefore, possible beings try to make up their flaws and reach to perfection. Since Allah is the absolute perfect being, the final intention of the possible beings is Allah. In other words, all beings that seek for perfection, take example of him. The other intentions act as a primary tool to reach the final intention. How can flawed beings by essence reach to perfections compatible with them? Avicenna and Mulla Sadra stated different opinions on the search of perfection of the flawed beings in the Islam philosophy. According to Avicenna, beings change with extinction and creation. This change happens by accident and the substance stays constant. In accordance with this approach, this change and development is only possible with accidental motion. It occurs with the replacement between forms. But the theory of the Avicenna has some flaws. Because forms are not the intentions of each other and first hyle is not strong enough to have an intention. Thus, no form is superior to the other. It is also not possible to have substance development because the substance and es-sence of the material are constant. It only goes through changes in appearance with the acci-dental motion. It is clear that the changes in the appearance and the shape are not standards for perfection. On the other hand, Mulla Sadra's development theory, which is based on the fundamentality of existence, existential gradation and substantial motion, suggests that the material world is moving towards the perfection. The motion in the substance of material beings is reason of substantial and accidental developments. All beings try to promote themselves to a higher position by reaching perfection in accordance with their intentions. Thus, the theory of Avicenna focuses on the accidental and formal changes in the search of perfection of the material beings, while Mulla Sadra’s theory explains accidental changes as well as the essential ones. Mulla Sadra does not limit the explanation of which Allah is the intention of possible beings to ontological dimension. According to him, Allah is an intention of possible beings as well. He points out the Hadith Qudsi "I was a hidden treasure, I desired to be recognized so I created the creature" and states that "This (Hadith Qudsi) indicates that he is the subject and the in-tention of the universe in an ontological manner as well as the intention of the universe in an epistemological manner." Thus, according to Mulla Sadra, possible beings have two inten-tions, to reach to and understand Allah. (shrink)

According to representationalism, the phenomenal character of a mental state reduces to its intentional content. Although representationalism seems plausible with respect to ordinary perceptual states, it seems considerably less plausible for states like moods. Here the problem for representationalism arises largely because moods seem to lack intentional content altogether. In this paper, I explore several possible options for identifying the intentional content of moods and suggest that none of them is wholly satisfactory. Importantly, however, I go on to argue that (...) the plausibility of representationalism should not be seen to rest on the question of whether moods have intentional content but rather on the question of whether the intentional content of moods, were there any, would be sufficient to determine their phenomenal character. As I argue, even if we concede to the representationalist that moods have intentional content, their phenomenal character outstrips their intentional content; thus, the representationalist reduction cannot succeed. Ultimately, then, I conclude that moods do indeed pose a serious objection to the representationalist theory. (shrink)

One of the most important contributions in Roland Posner’s work (1993) was the extension and development of the Gricean paradigm on meaning (1957) in a systematic framework, providing thus a general foundation of semiotic phenomena. According to this approach, communication consists in behaviors or artifacts based on reciprocal assumptions about the intentions and beliefs of the subjects involved in a semiotic exchange. Posner’s model develops with clarity the hierarchical relationships of semiotic phenomena of different complexity, from simple pre-communicative behaviors (like (...) indicating or signaling) to full communicative acts. Not only limited to linguistic communication, this framework can be successfully extended in the description of all kind of sign production, from gestures to artifacts. This article discusses a key point of this paradigm, namely our faculty to at-tribute mental states to other individuals through the observation of their behavior, artifacts or texts. New insights from neuropsychology and developmental psychology are discussed in supporting the validity of this model of communication. (shrink)

According to representationalism, the qualitative character of our phenomenal mental states supervenes on the intentional content of such states. Strong representationalism makes a further claim: the qualitative character of our phenomenal mental states _consists in_ the intentional content of such states. Although strong representationalism has greatly increased in popularity over the last decade, I find the view deeply implausible. In what follows, I will attempt to argue against strong representationalism by a two-step argument. First, I suggest that strong representationalism must (...) be _unrestricted_ in order to serve as an adequate theory of qualia, i.e., it must apply to all qualitative mental states. Second, I present considerations to show that an unrestricted form of strong representationalism is problematic. (shrink)

It is standardly held that Aristotle denies that artifacts are substances. There is no consensus on why this is so, and proposals include taking artifacts to lack autonomy, to be merely accidental unities, and to be impermanent. In this paper, I argue that Aristotle holds that artifacts are substances. However, where natural substances are absolutely fundamental, artifacts are merely relatively fundamental—like any substance, an artifact can ground such nonsubstances as its qualities; but artifacts are themselves partly grounded in natural substances. (...) Many contemporary metaphysicians view authorial intentions or communal recognition as an essential feature of most artifactual kinds. Drawing on Aristotle’s own examples of artifactual definitions, I note that there is little reason to ascribe this view to Aristotle. So Aristotle has the resources to hold that it is possible that there are kinds with both artifactual and non-artifactual members. (shrink)