Stephen Jay Gould argued that replaying the ‘tape of life’ would result in radically different evolutionary outcomes. Recently, biologists and philosophers of science have paid increasing attention to the theoretical importance of convergent evolution—the independent origination of similar biological forms and functions—which many interpret as evidence against Gould’s thesis. In this paper, we examine the evidentiary relevance of convergent evolution for the radical contingency debate. We show that under the right conditions, episodes of convergent evolution can constitute (...) valid natural experiments that support inferences regarding the deep counterfactual stability of macroevolutionary outcomes. However, we argue that proponents of convergence have problematically lumped causally heterogeneous phenomena into a single evidentiary basket, in effect treating all convergent events as if they are of equivalent theoretical import. As a result, the ‘critique from convergent evolution’ fails to engage with key claims of the radical contingency thesis. To remedy this, we develop ways to break down the heterogeneous set of convergent events based on the nature of the generalizations they support. Adopting this more nuanced approach to convergent evolution allows us to differentiate iterated evolutionary outcomes that are probably common among alternative evolutionary histories and subject to law-like generalizations, from those that do little to undermine and may even support, the Gouldian view of life. (shrink)

Two major clarifications have greatly abetted the understanding and fruitful expansion of the theory of natural selection in recent years: the acknowledgment that interactors, not replicators, constitute the causal unit of selection; and the recognition that interactors are Darwinian individuals, and that such individuals exist with potency at several levels of organization (genes, organisms, demes, and species in particular), thus engendering a rich hierarchical theory of selection in contrast with Darwin’s own emphasis on the organismic level. But a piece of (...) the argument has been missing, and individuals at levels distinct from organisms have been denied potency (although granted existence within the undeniable logic of the theory), because they do not achieve individuality with the same devices used by organisms and therefore seem weak by comparison. We show here that different features define Darwinian individuality across scales of size and time. In particular, species-individuals may develop few emergent features as direct adaptations. The interactor approach works with emergent fitnesses, not with emergent features; and species, as a consequence of their different mechanism for achieving individuality (reproductive exclusivity among subparts, that is, among organisms), express many effects from other levels. Organisms, by contrast, suppress upwardly cascading effects, because the organismic style of individuality (by functional integration of subparts) does not permit much competition or differential reproduction of parts from within. Species do not suppress the operation of lower levels; such effects therefore become available as exaptations conferring emergent fitness—a primary source of the different strength that species achieve as effective Darwinian individuals in evolution. (shrink)

1 Introduction1 In the 1980s, hermeneutics was often incorporated into deconstructionism and literary theory. Rather than focus on authorial intentions, the nature of writing itself including codes used to construct meaning, socio-economic contexts and inequalities of power,2 Gadamer introduced a different perspective; the interplay between effects of history on a reader’s understanding and the tradition(s) handed down in writing. This interplay in which a reader’s prejudices are called into question and modified by the text in a fusion of understanding and (...) topic revitalized the study of the printed word. Gadamer’s turn to language for understanding the meaning of Being also appealed to the post-modern antipathy toward modernity and metaphysics.3 If the truth and validity of interpretations are limited to communities of language, then our mode of being in history cannot but be historical. This point of view rendered Gadamer’s phenomenological hermeneutics vulnerable to the critique of moral and epistemological relativism. However, Gadamer’s theory of interpretation also stems from re-examination of the beginning of knowledge in the Pre-Socratics and Plato, and on this basis, is receptive to another dimension of inquiry than that which was trending in North America. -/- At the East-West Center, University of Hawai’i at Manoa in 1982, Chung-ying Cheng for the first time introduced onto-hermeneutics to an audience of esteemed philosophers including Li Zehou, Ren Jiyu, Feng Youlan, and Zhang Liwen.4 In contrast to schools of deconstruction and literary theory that had disengaged the interpreter from trans-historical sources of meaning and truth, Cheng explained that interpreters exist within a cosmological order inextricable from responsibility to harmonize Heaven and Earth in creative acts of interpretation. By integrating Chinese cosmology into hermeneutics through ontology, he tacitly challenged philosophers in the West to re-examine assumptions about humanity’s place in nature and by implication, Gadamer’s recovery of the beginnings of knowledge in Western philosophy. -/- Cheng’s Neo-Confucianism is inspired by the method and goals of Thomé H. Fang. The following words by Fang seem to prefigure, although in an indistinct and bundled way, aspects of Cheng’s philosophy including a Mencian theory of human nature, comprehensive observation, and creativity: “In the very process of living in concord with creative Nature, Man is charged with an ideal to be fully realized in the light of the principle of comprehensive harmony.”5 Like Fang, Cheng reinvigorates Chinese culture and language, but not solely in order to vindicate the insights of Neo-Confucianism. He has studied Western thought, from pragmatism and the analytic school to German idealism and phenomenology, to unlock and clarify philosophical concepts within the Yijing tradition and thereby render them intelligible to Anglophones. The result has been an awakening of Western scholars to the moral and cultural consequences of decoupling their thought from metaphysical foundations that are neither dogmatic nor doctrinal. -/- Not unlike the dialectic of Gadamer’s dialogue form, onto-generative hermeneutics integrates contrary positions on the same topic in order to blend both sides into a world philosophy, or as Cheng says, a “totalizing or integrative theory,”6 not to be confused with a theoretical rewording of a theory. On the contrary, the universal scope and relevance of hermeneutics stems from personal experience. Just as Gadamer, in response to faction and strife, immersed himself in Plato during the war years, and developed a method with which to harmonize opposites, so too, according to On-cho Ng, was Cheng moved by faction, strife and political persecution to develop a path toward unity.7 Gadamer taught at McMaster University in Hamilton, Ontario, and Cheng at the University of Hawai’i at Manoa among other institutions in North America. They facilitated trans-continental educational and cultural ties. Similar experiences yield similar insights irrespective of differences of time and place. Hence, authors in this issue who reside in Europe, China and North America, delineate the differences between Gadamer and Cheng, yet also, in light of Cheng’s onto-generative method and cosmology, develop integrative theories. Due to the page-budget restriction of the publisher, certain articles of this special theme will be subsequently published in the next issue. -/- 2 Integrative Theory This special issue of The Journal of Chinese Philosophy confirms a dimension of hermeneutics that Cheng has both motivated and inspired. The contributors do not abide by the conviction that since thought is mediated by language, interpretations cannot transcend culture. On the contrary, their research exemplifies the fruits of trans-historical onto-dialogical hermeneutics within limits defined by their field inquiry, organized into Parts I and II, around three themes: language, the philosophy of history and ethics. -/- Andrew Fuyarchuk introduces the theme of ontology in relation to Gadamer’s turn to language. Fuyarchuk argues that Chung-ying Cheng’s criticism of Gadamer’s hermeneutics is informed by Heidegger’s concept of Dasein and thereby overlooks how Gadamer’s Platonic-Pythagorean problem of the division between the One and Many is harmonized in the event of language, which in turn positions Gadamer in proximity to the presupposed grounds of receptivity in Cheng’s onto-generative hermeneutics. Lauren Pfister’s contributing article addresses the year 2000 meeting between Cheng and Gadamer in Heidelberg and expands the transhistorical grounds of meaning in Gadamer to matters of theology. Pfister’s summary of the written Chinese record of their conversation indicates that Cheng does not address the role of Christian philosophy and hence, the role of the inner word in Gadamer’s hermeneutics. This is important not only for detecting changes in Cheng’s philosophical development, but also for modifying his hermeneutics along the lines of a living conversation, possibilities explored by Pfister in a sequel to the article submitted to this issue. Nevertheless, by raising the issue of how Gadamer’s turn to language for understanding the meaning of Being extends possibilities in Cheng’s thought, Pfister anticipates the article by Katarina Gajdosova. She returns to the roots of Chinese thought during the Warring States period and broadens the meaning of names in recently excavated texts. Contrary to the conventions about how to understand terms, she appeals to both Heidegger’s ontology and Cheng’s notion of receptivity and creativity to reinterpret naming in relation to cosmology. Along the same lines, insofar as the event of Being is lingual, Jay Goulding captures its emergent structure in an evolving community of scholars and scholarship. He recalls his philosophical journey toward Cheng’s philosophy that begins in conversations with Gadamer at McMaster University in Hamilton, leads to Heidegger and Asian thought, expands into turning points with teachers and colleagues from various backgrounds that by increments contributed to Goulding’s formulation of “Daoist phenomenology.” -/- Although differing traditions guide their inquiries and research, Cheng and Gadamer recall the wisdom of the past to ameliorate the fragmentation in contemporary life. This leads them to re-examine the origins of philosophy; historical roots and thus sources of creative re-interpretations East and West whose affinities are developed in contributions by Hyun Höchsmann and Friederike Assandri. Höchsmann assesses convergences and divergences in the origins of Chinese and Western philosophy (Confucius and Socrates, the Yijing and Pre-Socratics) that culminates in pairing Gadamer’s understanding of paideia in the context of Plato’s political cosmology in the Timaeus with moral and social cultivation in The Western Inscription. She delineates the limits of this comparison which in turn justifies introducing Vattimo’s notion of locality. Assandri’s comparative analysis moves between India and China, Buddhism and Tang Daoism. Based on Gadamer’s argument that writing detaches concepts from their cultural moorings, she defines and applies three levels of understanding in onto-generative hermeneutics to Buddhist terms that were assimilated into the Benji Jing and in so doing clarifies essential dimensions of Daoism. -/- Contributions by Stephen Palmquist and Nicholas Brasovan position Cheng in relation to Kant and Gadamer by way of Aristotle’s ethics respectively. On the one hand, Palmquist plots Cheng’s evolving criticism of Kant’s moral philosophy and draws on crucial dimensions of Gadamer’s hermeneutics to reposition that criticism in a constructive relation to Kant’s emphasis on the philosophical conditions of morality while also indicating how religious dimensions of his thought answer Cheng’s concerns for lived moral action. For Palmquist, Gadamer enables a constructive criticism of Cheng. On the other hand, Brasovan compares Cheng’s Yijing-based account of moral deliberation with Gadamer’s Aristotelian-based ethics and reasons that in contrast to Cheng, Gadamer’s hermeneutical consciousness is disengaged from practical knowledge. For Brasovan, Cheng is a constructive critic of Gadamer. Palmquist and Brasovan’s divergent angles on Gadamer and Cheng map onto a dialectic of contrast and complementarity that constitutes the inner logic of Cheng’s philosophy. In other words, Gadamer and Cheng ought to be read alongside one another for the sake of removing discrepancies and contradictions, which constitutes the organic structure of their thinking. -/- 3 Our Mode of Being in History Is Not Historical The conversations between Cheng and Gadamer in this issue of The Journal of Chinese Philosophy pivot on language, philosophy of history and ethics within a comparative framework of analysis, but also explore the grounds that make the comparisons possible. Those grounds are informed by Chinese cosmology, and function to wrest Gadamer from the shadow of Heideggerian facticity and reposition him within the range of Cheng’s ideas about our place in nature that is embedded in his question about how mind emerges from inorganic matter.8 -/- For Gadamer scholars of Heidegger, human finitude, our ownmost individuating death ensures that hermeneutics is always open to the other as other, always on the way toward understanding the meaning of Being. To arrest the process in a concept of “the Absolute” cannot but represent someone’s point of view, and thereby render hermeneutics indistinguishable from ideology. However, insofar as finitude is defined by them in terms of an onto-theological concept of immorality, finitude is a metaphysical concept consistent with epistemologies and confuse beings with the meaning of Being. As a result, the celebrated political value of hermeneutics to always be on the way toward an understanding of the meaning of Being admits subtle variations on the same worldview that are insufficiently self-critical. -/- Gadamer scholars of Heidegger are right. A transformation in ethos and opening to the meaning of Being depends on awareness of finitude. Yet this awareness does not yield openness to more of the same, i.e., discourse structurally incapable of coming to unity but instead, for both Gadamer and Cheng, openness to a distinctly different ontological dimension of reality. As Sandra Wawrytko and So-Seong Park indicate,9 this ontological dimension is prefigured in the experience of being-as-a-whole or the totality of all possible relations in both Chinese totemic shamanistic rituals,10 and Greek Dionysian festivals.11 Through these religious experiences human ethos and therefore consciousness is expanded and elevated from being centered on one’s ownmost concerns toward an affinity with all sentient beings from insects and plants to animals. The channel for this affinity is an auditory disposition and hence, the emotions, compassion, and feeling response. -/- The capacity for an auditory disposition, or as Gadamer calls it, listening consciousness to respond to the inter-relationality and therefore inherent balance of nature is developed through music, song and dance of the religious rituals and festivals. They facilitate the unity of mind with nature. This use of music, that transforms ordinary consciousness, explains Cheng’s emphasis on the receptivity of feeling response in comprehensive observation, and Gadamer’s emphasis on openness to the other in attunement. However, an auditory disposition characteristic of pre-literate oral cultures that reveals the “All” need not rely on religion. As theorists about the evolution of language have explained,12 modern languages preserve their pre-historical past in music or prosody. That is to say, the song and dance that revealed the totality of inter-related beings to an ethos of comprehensive observation and attunement toward beings in classical civilizations is retained in the back-and-forth movement or rhythm of the dialogue form. Our mode of being in history is a mode of being in nature – through the music of language. -/- While alerting the reader to the limits of a nominalist interpretation, Gadamer expresses the inner law of the nature as follows: “in perishing there is always becoming, and in becoming there is always perishing.”13 Considered in process, opposites generate and blend into each other. This law of nature applies to everything.14 Hence, in a manner comparable to Pfister’s concluding insights, onto-dialogical hermeneutics is not only open to discrete events of otherness but moreover, to the moving structure of reality expressed, as Gajdosova suggests, in the existential moment of naming. Considered as interplay of tension and resolution with a life of its own, the dialectic of a dialogue is self-similar to the way in which an organism grows (by instinct). There is, therefore, a sense in which the art of interpretation extends the human mind into the eternal cycles of nature such that we participate in the articulation of the inner telos/homeostasis toward which all beings strive and importantly for Gadamer scholars of Heidegger, within the material limits of energy to which our embodied minds are self-evidently subject. In mortality there is always immortality. (shrink)

A brief biography of evolutionary biologist Stephen Jay Gould.

Conway Morris argues against Stephen Jay Gould's argument that the history of life is radically contingent by describing the abundance of convergences, wherein different lineages starting in different states, arrive at the same adaptations. A standard example is the evolution of the camera eye. This review assesses the validity of Conway Morris' argument.

The concept of the exception has heavily shaped modern political theory. In modernity, Kierkegaard was one of the first philosophers to propound the exception as a facilitator of metaphysical transcendence. Merging Kierkegaard’s metaphysical exception with early modern political theorist Jean Bodin’s theory of sovereignty, Carl Schmitt introduced sovereignty to metaphysics. He thereby made an early modern concept usable in a post-metaphysical world. This essay carries Schmitt’s appropriation one step further. Drawing on Walter Benjamin’s replacement of transcendental metaphysics with contingent creaturehood, (...) it reintroduces the anti-foundationalist concept of repetition that was implicit in Kierkegaard’s paradigm but which was not made lucid until Benjamin crafted from the Schmittian exception a vision of political life grounded in creaturely existence. -/- . (shrink)

Legal systems often rule that people own objects in their territory. We propose that an early-developing ability to make territory-based inferences of ownership helps children address informational demands presented by ownership. Across 6 experiments (N = 504), we show that these inferences develop between ages 3 and 5 and stem from two aspects of the psychology of ownership. First, we find that a basic ability to infer that people own objects in their territory is already present at age 3 (Experiment (...) 1). Children even make these inferences when the territory owner unintentionally acquired the objects and was unaware of them (Experiments 2 and 3). Second, we find that between ages 3 and 5, children come to consider past events in these judgments. They move from solely considering the current location of an object in territory-based inferences, to also considering and possibly inferring where it originated (Experiments 4 to 6). Together, these findings suggest that territory-based inferences of ownership are unlikely to be constructions of the law. Instead, they may reflect basic intuitions about ownership that operate from early in development. (shrink)

There has been much discussion of powers or real dispositions in the past decade, but there remains an issue that has been inadequately treated. This concerns the precise modal value that comes with dispositionality. We contend in this paper that dispositionality involves a non-alethic, sui generis, irreducible modality. Dispositions only tend towards their manifestations; they do not necessitate them. Tendency is, of course, a dispositional term itself, so this last statement offers little by way of illumination. But given our thesis (...) on the irreducible nature of dispositionality, we maintain that it cannot be explicated correctly in non-dispositional terms. Nevertheless, we all have experience of dispositionality at work, through the exercise or our own powers and the action of other powers upon us. The notion of dispositionality that we acquire is one that involves a modality stronger than pure contingency but weaker than necessity. The recognition of this distinct modal value for dispositionality is one of the biggest oversights in the growing literature in the area. Yet it is there for all to see in even the most mundane example. (shrink)

The standard view about counterfactuals is that a counterfactual (A > C) is true if and only if the A-worlds most similar to the actual world @ are C-worlds. I argue that the worlds conception of counterfactuals is wrong. I assume that counterfactuals have non-trivial truth-values under physical determinism. I show that the possible-worlds approach cannot explain many embeddings of the form (P > (Q > R)), which intuitively are perfectly assertable, and which must be true if the contingent falsity (...) of (Q > R) is to be explained. If (P > (Q > R)) has a backtracking reading then the contingent facts that (Q > R) needs to be true in the closest P-worlds are absent. If (P > (Q > R)) has a forwardtracking reading, then the laws required by (Q > R) to be true in the closest P-worlds will be absent, because they are violated in those worlds. Solutions like lossy laws or denial of embedding won't work. The only approach to counterfactuals that explains the embedding is a pragmatic metalinguistic approach in which the whole idea that counterfactuals are about a modal reality, be it abstract or concrete, is given up. (shrink)

In discussion on consciousness and the hard problem, there is an unquestioned background assumption, namely, our experience is stored in the brain. Yet Bergson (1896) argued that this very question, “Is experience stored in the brain?” is the critical issue in the problem of consciousness. His examination of then-current memory research led him, save for motor or procedural memory, to a “no” answer. Others, for example Sheldrake (2012), have continued this negative assessment of the research findings. So, has this assumption (...) actually been proven since Bergson? Do we know how experience is stored? Or that it is stored? Here, a recent review and model of memory is examined to see where this assumption actually stands. Again, the assessment will be that nothing has changed. The core of the problem, it will be argued, lies in two things: Firstly, the search for how/where experience is stored is motivated – rephrasing Bergson – in the classic metaphysic, a framework on space and time whose logic cannot be coherently, logically adhered to in attempting to explain how experience is stored. Secondly, the search generally assumes an inadequate theory of perception that is implicitly based in this classic metaphysic. If framed within Bergson’s model of perception and his temporal metaphysic, conjoined with J. J. Gibson’s model, the storage-search appears misguided from the start. (shrink)

This is a review article based on William Franke's book, A Philosophy of the Unsayable. After contrasting standard "analytic" logic with its paradoxical alternative, "synthetic" logic, this article introduces three basic laws of synthetic logic that can help to clarify how it is possible to talk about the so-called "unsayable". Keeping these laws in mind as one reads a book such as Franke's enables one to understand the range of strategies one can employ in the attempt to use words to (...) evoke an experience of the unsayable. This article together with several others responding to Franke's book, and Franke's replies to the whole set of articles. (shrink)

Sometimes constitutions fail. The unprecedented election of Donald Trump, a populist insurgent who lacks the prior political experience or military service of all presidents before him, is such a sharp break in American historical experience that it raises questions as to whether something is deeply amiss with the constitutional order. Constitutional failure is not uncommon. A path-breaking global study of national constitutions shows that on average, they last only nineteen years. The U.S. Constitution is an uncommon outlier and, as such, (...) is accounted by many a long-running success story. But could a bell be tolling for American constitutionalism? In this Essay, I assess the meaning of Trump’s shocking rise for the future of our constitutional order. The shock, of course, was not the election of a Republican president. There have been many Republican presidents since Lincoln, each making their own distinctive contribution to the American tradition. Yet, there are good reasons to think this time around is different. The efficacy and, perhaps, stability of our constitutional order are in question, and we should try to understand why. (shrink)

this requirement for adaptations. Emergent characters are always potential adaptations. Not all selection processes produce adaptations, however. The key issue, in delineating a selection process, is the relationship between a character and fitness. The emergent character approach is more restrictive than alternative schemas that delineate selection..

Neo-Darwinism, through the combination of natural selection and genetics, has made possible an explanation of adaptive phenomena that claims to be devoid of metaphysical presuppositions. What Bergson already deplored and what we explore in this paper is the implicit finalism of such evolutionary explanations, which turn living beings into closed and static systems rather than understanding biological evolution as a process characterized by its interactions and temporal openness. Without denying the heuristic efficiency of the explanation resting upon natural selection, we (...) analyze what it leaves out and what remains to be explored: the unpredictability of the evolutionary process. We will therefore study the role of contingency in evolution, as Stephen J. Gould proposed, but we will also consider the causality specific to the living world that makes it impossible to reduce it to a simple algorithm, as proposed by Daniel Dennett among others, but that it is really a creative causation, or dialectical spiral. (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)

Lewis et al. (2011) attempted to restore the reputation of Samuel George Morton, a 19th century physician who reported on the skull sizes of different folk-races. Whereas Gould (1978) claimed that Morton’s conclusions were invalid because they reflected unconscious bias, Lewis et al. alleged that Morton’s findings were, in fact, supported, and Gould’s analysis biased. We take strong exception to Lewis et al.’s thesis that Morton was “right.” We maintain that Gould was right to reject Morton’s analysis (...) as inappropriate and misleading, but wrong to believe that a more appropriate analysis was available. Lewis et al. fail to recognize that there is, given the dataset available, no appropriate way to answer any of the plausibly interesting questions about the “populations” in question (which in many cases are not populations in any biologically meaningful sense). We challenge the premise shared by both Gould and Lewis et al. that Morton’s confused data can be used to draw any meaningful conclusions. This, we argue, reveals the importance of properly focusing on the questions asked, rather than more narrowly on the data gathered. (shrink)

Anscombe counsels us to dispense with those moral concepts that presuppose a divine law conception of ethics, among which she numbers the concepts of “moral obligation and moral duty, […] of what is morally right and wrong, and of the moral sense of ‘ought’.” Schopenhauer made a similar point more than a century earlier, though his critique implicates a narrower range of concepts. Through reflection on his accounts of right and wrong and of duty and obligation, this chapter attempts to (...) show that we can dispense with the imperative in ethics while retaining these notions, thus preserving a distinctively modern conception of morality. (shrink)

By focusing on the exchange between Descartes and Hobbes on how the self is related to its activities, Berkeley draws attention to how he and Hobbes explain the forensic constitution of human subjectivity and moral/political responsibility in terms of passive obedience and conscientious submission to the laws of the sovereign. Formulated as the language of nature or as pronouncements of the supreme political power, those laws identify moral obligations by locating political subjects within those networks of sensible signs. When thus (...) juxtaposed with Hobbes, Berkeley can be understood as endorsing a theologically inflected version of deontological ethics in which moral laws are linked directly to the constitution of the self. (shrink)

Normativism is the view that logic provides rules for correct reasoning. Some influential critics of normativism, such as Gilbert Harman, claim that logical rules provide reasoners with bad or misleading standards. Others, such as Gillian Russell, claim that logic is a descriptive subject and thus cannot, given Hume’s law, provide rules for reasoning. We think these critics are mistaken. Our aim in this paper is to defend normativism by sketching an alternative way of thinking about the normative force of logical (...) rules. On our view, logical rules are best characterized, in a broadly Rossian manner, as intellectual prima facie duties; i.e., they provide standards for evaluating reasoning and reasoners that are universal and authoritative, but not absolute. This position accommodates the inherent normativity of logic, contra Russell, while circumventing the challenges to normativism raised by Harman. (shrink)

Bird argues that Armstrong’s necessitarian conception of physical modality and laws of nature generates a vicious regress with respect to necessitation. We show that precisely the same regress afflicts Bird’s dispositional-monist theory, and indeed, related views, such as that of Mumford & Anjum. We argue that dispositional monism is basically Armstrongian necessitarianism modified to allow for a thesis about property identity.

Speech and thought about what the law is commonly function in practical ways, to guide or assess behavior. These functions have often been seen as problematic for legal positivism in the tradition of H.L.A. Hart. One recent response is to advance an expressivist analysis of legal statements (Toh), which faces its own, familiar problems. This paper advances a rival, positivist-friendly account of legal statements which we call “quasi-expressivist”, explicitly modeled after Finlay’s metaethical theory of moral statements. This consists in a (...) descriptivist, “rule-relational” semantics combined with a pragmatic account of the expressive and practical functions of legal discourse. We argue that this approach is at least as well-equipped as expressivism to explain the motivational and prescriptive features of “internal” legal statements, as well as a fundamental kind of legal disagreement, while being better positioned to account for various “external” uses of the same language. We develop this theory in a Hartian framework, and in the final part of the paper argue (particularly against Toh’s expressivist interpretation) that Hart’s own views in The Concept of Law are best reconstructed along such quasi-expressivist lines. (shrink)

From the school yard to the workplace, there’s no charge more damning than “you’re being unfair!” Born out of democracy and raised in open markets, fairness has become our de facto modern creed. The very symbol of American ethics—Lady Justice—wears a blindfold as she weighs the law on her impartial scale. In our zealous pursuit of fairness, we have banished our urges to like one person more than another, one thing over another, hiding them away as dirty secrets of our (...) humanity. In Against Fairness, polymath philosopher Stephen T. Asma drags them triumphantly back into the light. Through playful, witty, but always serious arguments and examples, he vindicates our unspoken and undeniable instinct to favor, making the case that we would all be better off if we showed our unfair tendencies a little more kindness—indeed, if we favored favoritism. Conscious of the egalitarian feathers his argument is sure to ruffle, Asma makes his point by synthesizing a startling array of scientific findings, historical philosophies, cultural practices, analytic arguments, and a variety of personal and literary narratives to give a remarkably nuanced and thorough understanding of how fairness and favoritism fit within our moral architecture. Examining everything from the survival-enhancing biochemistry that makes our mothers love us to the motivating properties of our “affective community,” he not only shows how we favor but the reasons we should. Drawing on thinkers from Confucius to Tocqueville to Nietzsche, he reveals how we have confused fairness with more noble traits, like compassion and open-mindedness. He dismantles a number of seemingly egalitarian pursuits, from classwide Valentine’s Day cards to civil rights, to reveal the envy that lies at their hearts, going on to prove that we can still be kind to strangers, have no prejudice, and fight for equal opportunity at the same time we reserve the best of what we can offer for those dearest to us. Fed up with the blue-ribbons-for-all absurdity of "fairness" today, and wary of the psychological paralysis it creates, Asma resets our moral compass with favoritism as its lodestar, providing a strikingly new and remarkably positive way to think through all our actions, big and small. (shrink)

Bernard Williams’ Shame and Necessity (1993) was an influential early contribution to what has become a broader movement to rehabilitate shame as a moral emotion. But there is a tension in Williams’ discussion that presents an under-appreciated difficulty for efforts to rehabilitate shame. The tension arises between what Williams takes shame in its essence to be and what shame can do—the role that shame can be expected to play in ethical life. Williams can—and we argue, should—be read as avoiding the (...) difficulties stemming from this tension, but this requires a reevaluation of several of his central claims about shame’s role in ethical thought and experience. For instance, his broad claims that the “structures of shame” can “give a conception of one’s ethical identity” (93), and that shame “mediates … between ethical demands and the rest of life” (102), cannot be taken at face value. What emerges is a view that is in a sense less ambitious, but also more in tune with the spirit of Williams’ larger project. There may also, we suggest, be a more general lesson: We should be suspicious of the temptation to seek some special affinity between shame and ethical life, lest we distort our understanding of both. (shrink)

We propose that there are four fundamental kinds of metaphor that are uniquely mapped onto specific brain ‘‘networks’’ and present preliterate (i.e., evolutionary, including before the appearance of written language in the historical record), prelinguistic (i.e., developmental, before the appearance of speech in human development), and extralinguistic (i.e., neuropsychological, cognitive) evidence supportive of this view. We contend that these basic metaphors are largely nonconceptual and entail (a) perceptual–perceptual, (b) cross-modal, (c) movement–movement, and (d) perceptual-affective mappings that, at least, in the (...) initial stages of processing may operate largely outside of conscious awareness. In opposition to our basic metaphor theory (BmT), the standard theory (SmT) maintains that metaphor is a conceptual mapping from some base domain to some target domain and/or represents class-inclusion (categorical) assertions. The SmT captures aspects of secondary or conceptual metaphoric relations but not primary or basic metaphoric relations in our view. We believe our theory (BmT) explains more about how people actually recognize or create metaphoric associations across disparate domains of experience partly because they are ‘‘pre-wired’’ to make these links. (shrink)

To reconcile true claims of de re necessity with the supposedly contingent existence of the concrete objects those claims are typically about, Kripkean essentialists invoke weak necessity. The claim that a is necessarily F is held to be equivalent to the claim that necessarily, if a exists then a is F. This strategy faces a barrage of serious objections a proper subset of which shows that the strategy fails to achieve its intended purpose. Relief can be provided via recourse to (...) a markedly non-Kripkean version of essentialism.1. (shrink)

By the lights of a central logical positivist thesis in modal epistemology, for every necessary truth that we know, we know it a priori and for every contingent truth that we know, we know it a posteriori. Kripke attacks on both flanks, arguing that we know necessary a posteriori truths and that we probably know contingent a priori truths. In a reflection of Kripke's confidence in his own arguments, the first of these Kripkean claims is far more widely accepted than (...) the second. Contrary to received opinion, the paper argues, the considerations Kripke adduces concerning truths purported to be necessary a posteriori do not disprove the logical positivist thesis that necessary truth and a priori truth are co-extensive. (shrink)

I examine the (mediated) correspondence between Spinoza and Robert Boyle concerning the latter’s account of fluidity and his experiments on reconstitution of niter in the light of the epistemology and doctrine of method contained in the Treatise on the Emendation of the Intellect. I argue that both the Treatise and the correspondence reveal that for Spinoza, the proper method of science is not experimental, and that he accepted a powerful under-determination thesis. I argue that, in contrast to modern versions, Spinoza’s (...) form of naturalism was a highly rationalist and anti-empirical one. I conclude with a brief account of the value of experience and experimentation for Spinoza’s scientific method. (shrink)

Since ancient times, legal systems have held owners responsible for harm caused by their property. Across 4 experiments, we show that children aged 3–7 also hold owners responsible for such harm. Older children judge that owners should repair harm caused by property, and younger children may do this as well. Younger and older children judge that owners should apologize for harm, even when children do not believe the owners allowed the harm to occur. Children are also as likely to hold (...) owners responsible for harm caused by property as for harm caused by the owners themselves. The present findings contribute to psychological accounts of ownership by showing that ownership not only confers rights to control property, but also responsibility for harm caused by property. The findings also contribute to our understanding of the attribution of responsibility, and challenge accounts claiming that directly causing harm, or allowing it to happen, is a prerequisite for responsibility. The findings provide support for an account claiming that property is an extension of its owner, and likewise reveal that responsibility for harm caused by property is an early developing aspect of the psychology of ownership. 2018 APA, all rights reserved). (shrink)

This fourth article in a six-part series correlating Kant’s philosophy with the Yijing begins by summarizing the foregoing articles: both Kant and the Yijing’s 64 hexagrams (gua) employ “architectonic” reasoning to form a four-level system with 0+4+12+(4x12) elements, the fourth level’s four sets of 12 correlating to Kant’s model of four university “faculties”. This article explores the second twelvefold set, the law faculty. The “idea of reason” guiding this wing of the comparative analysis is immortality. Three of Kant’s “quaternities” correspond (...) to three sets of four gua in the Yijing: the fourfold nature of the soul in rational psychology (as substantial, simple, unified, spatially related) corresponds to gua 47, 6, 58, 10, respectively; the three “Definitive Articles” and fourth, “Secret Article”, in Perpetual Peace correspond to gua 16, 35,51, 21; and the four objective relations of law to duty in Metaphysics of Morals correspond to gua 45, 12, 17, 25. (shrink)

Analyses of moral value judgements must meet a practicality requirement: moral speech acts characteristically express pro- or con-attitudes, indicate that speakers are motivated in certain ways, and exert influence on others' motivations. Nondescriptivists including Simon Blackburn and Allan Gibbard claim that no descriptivist analysis can satisfy this requirement. I argue first that while the practicality requirement is defeasible, it indeed demands a connection between value judgement and motivation that resembles a semantic or conceptual rather than merely contingent psychological link. I (...) then show how a form of descriptivism, the interest-relational theory, satisfies the requirement as a pragmatic and conversational feature of value judgement – thereby also accommodating its defeasibility. The word ``good'' is always indexed to some set of motivations: when this index is unarticulated in many contexts the speaker conversationally implicates possession of those motivations. (shrink)

This paper argues that the new metaphysics of powers, also known as dispositional essentialism or causal structuralism, is an illusory metaphysics. I argue for this in the following way. I begin by distinguishing three fundamental ways of seeing how facts of physical modality — facts about physical necessitation and possibility, causation, disposition, and chance — are grounded in the world. The first way, call it the first degree, is that the actual world or all worlds, in their entirety, are the (...) source of physical modality. Humeanism is the best known such approach, but there are other less well-known approaches. The second way, the second degree, is that the source of physical modality lies in certain second-order facts, involving a relation between universals. Armstrong’s necessitarianism and other views are second-degree views. The third way, the third degree, holds that properties themselves are the source of physical modality. This is the powers view. I examine four ways of developing the third degree: relational constitution, graph-theoretic structuralism, dispositional roles, and powerful qualities. All these ways are either incoherent, or just disguised versions of the first-degree. The new metaphysics of powers is illusory. With the collapse of the third degree, the second degree, the necessitarian view of law, collapses as well. I end the paper with some reflections on the first degree, on the problem of explaining necessary connections between distinct existences, and on the dim prospects of holist ontology. (shrink)

Anti-exceptionalism about logic is the doctrine that logic does not require its own epistemology, for its methods are continuous with those of science. Although most recently urged by Williamson, the idea goes back at least to Lakatos, who wanted to adapt Popper's falsicationism and extend it not only to mathematics but to logic as well. But one needs to be careful here to distinguish the empirical from the a posteriori. Lakatos coined the term 'quasi-empirical' `for the counterinstances to putative mathematical (...) and logical theses. Mathematics and logic may both be a posteriori, but it does not follow that they are empirical. Indeed, as Williamson has demonstrated, what counts as empirical knowledge, and the role of experience in acquiring knowledge, are both unclear. Moreover, knowledge, even of necessary truths, is fallible. Nonetheless, logical consequence holds in virtue of the meaning of the logical terms, just as consequence in general holds in virtue of the meanings of the concepts involved; and so logic is both analytic and necessary. In this respect, it is exceptional. But its methodologyand its epistemology are the same as those of mathematics and science in being fallibilist, and counterexamples to seemingly analytic truths are as likely as those in any scientic endeavour. What is needed is a new account of the evidential basis of knowledge, one which is, perhaps surprisingly, found in Aristotle. (shrink)

Hume thought that if you believed in powers, you believed in necessary connections in nature. He was then able to argue that there were none such because anything could follow anything else. But Hume wrong-footed his opponents. A power does not necessitate its manifestations: rather, it disposes towards them in a way that is less than necessary but more than purely contingent. -/- In this paper a dispositional theory of causation is offered. Causes dispose towards their effects and often produce (...) them. But a set of causes, even though they may succeed in producing an effect, cannot necessitate it since the effect could have been counteracted by some additional power. This would require a separation of our concepts of causal production and causal necessitation. The most conspicuous cases of causation are those where powers accumulate and pass a requisite threshold for an effect to occur. -/- We develop a model for representing powers as constituent vectors within an n-dimensional quality space, where composition of causes appears as vector addition. Even our resultant vector, however, has to be understood as having dispositional force only. This model throws new light on causal modality and cases of prevention, causation by absence and probabilistic causation. (shrink)

A mythopoetic paradigm or perspective sees the world primarily as a dramatic story of competing personal intentions, rather than a system of objective impersonal laws. Asma argued that our contemporary imaginative cognition is evolutionarily conserved-it has structural and functional similarities to premodern Homo sapiens’s cognition. This article will outline the essential features of mythopoetic cognition or adaptive imagination, delineate the adaptive sociocultural advantages of mythopoetic cognition, explain the phylogenetic and ontogenetic mechanisms that give rise to human mythopoetic mind, show how (...) mythopoetic cognition challeng­es contemporary trends in cognitive science and philosophy, and recognize and outline empirical approaches for a new cognitive science of the imagination. (shrink)

The traditional view according to which we adults tacitly consent to a state’s lawful actions just by living within its borders—the residence theory—is now widely rejected by political philosophers. According to the critics, this theory fails because consent must be (i) intentional, (ii) informed, and (iii) voluntary, whereas one’s continued residence within a state is typically none of these things. Few people intend to remain within the state in which they find themselves, and few realize that by remaining they are (...) consenting to the state’s lawful actions. In addition, the various obstacles standing in the way of us leaving the state render our remaining involuntary. Thus, the critics conclude, few if any people can be considered to have consented through their residence. I argue that these objections fail and that the residence theory remains a viable option, at least for those who are not committed incompatibilists. (shrink)

This article explores the defense Indian Buddhist texts make in support of their conceptions of lives that are good for an individual. This defense occurs, largely, through their analysis of ordinary experience as being saturated by subtle forms of suffering . I begin by explicating the most influential of the Buddhist taxonomies of suffering: the threefold division into explicit suffering , the suffering of change , and conditioned suffering . Next, I sketch the three theories of welfare that have been (...) most influential in contemporary ethical theory. I then argue that Buddhist texts underdetermine which of these theories would have been accepted by ancient Indian Buddhists. Nevertheless, Buddhist ideas about suffering narrow the shape any acceptable theory of welfare may take. In my conclusion, I argue that this narrowing process itself is enough to reconstruct a philosophical defense of the forms of life endorsed in Buddhist texts. (shrink)

I believe that normative force depends on desire. This view faces serious difficulties, however, and has yet to be vindicated. This paper sketches an Argument from Voluntary Response, attempting to establish this dependence of normativity on desire by appeal to the autonomous character of our experience of normative authority, and the voluntary character of our responses to it. I first offer an account of desiring as mentally aiming intrinsically at some end. I then argue that behaviour is only voluntary if (...) it results from such aiming; hence all voluntary behaviour is produced by desire. Full-blooded responses to normativity, I then argue, are voluntary actions: motivation to act arises voluntarily from perception of reasons to act. This fits the desire-based model of normativity but not its rivals. However this argument concludes merely that our responses to normativity are desire-based. I end with some observations about how I think we can bridge the gap from the nature of response to normativity to the nature of normativity itself. (shrink)

Guided by neuroscience, animal behavior, evolution, philosophy, and psychology, Asma burrows deep into the human psyche to look right at the enigmatic but powerful engine that is our improvisational creativity—the source, he argues, of our remarkable imaginational capacity. How is it, he asks, that a story can evoke a whole world inside of us? How are we able to rehearse a skill, a speech, or even an entire scenario simply by thinking about it? How does creativity go beyond experience and (...) help us make something completely new? And how does our moral imagination help us sculpt a better society? As he shows, we live in a world that is only partly happening in reality. Huge swaths of our cognitive experiences are made up by “what-ifs,” “almosts,” and “maybes,” an imagined terrain that churns out one of the most overlooked but necessary resources for our flourishing: possibilities. Considering everything from how imagination works in our physical bodies to the ways we make images, from the mechanics of language and our ability to tell stories to the creative composition of self-consciousness, Asma expands our personal and day-to-day forms of imagination into a grand scale: as one of the decisive evolutionary forces that has guided human development from the Paleolithic era to today. The result is an inspiring look at the rich relationships among improvisation, imagination, and culture, and a privileged glimpse into the unique nature of our evolved minds. (shrink)

More than a century before Anscombe counseled us to jettison concepts such as that of the moral ought, or moral law, Schopenhauer mounted a vigorous attack on such prescriptive moral concepts, particularly as found in Kant. In this chapter I consider the four objections that constitute this attack. According to the first, Kant begs the question by merely assuming that ethics has a prescriptive or legislative-imperative form, when a purely descriptive-explanatory conception such as Schopenhauer’s also presents itself as a possibility. (...) According to the second, Kant’s purportedly philosophical ethics is in fact a theological ethics in disguise, because the moral ought and its prescriptive cousins presuppose a divine lawgiver. According to the third, Kant’s conceptions of the moral law as a law of freedom, and of moral imperatives as categorical or unconditioned, involve him in contradictions. Finally, Schopenhauer objects that there can be no such thing as a moral ought because a binding ought or law must be understood to operate through appeals to self-interest, which stands in opposition to morality. I contend that these last three objections are sound and that the fourth in particular succeeds in confuting the prescriptivist conception of morality. (shrink)

Since nothing about God is passive, and the perception of pain is inherently passive, then it seems that God does not know what it is like to experience pain. Nor would he be able to cause us to experience pain, for his experience would then be a sensation (which would require God to have senses, which he does not). My suggestion is that Berkeley avoids this situation by describing how God knows about pain “among other things” (i.e. as something whose (...) identity is intelligible in terms of the integrated network of things). This avoids having to assume that God has ideas (including pain) apart from his willing that there be perceivers who have specific ideas that are in harmony or not in harmony with one another. (shrink)

Every metaphysical system must take something as fundamental and unanalyzed, something to which everything else ultimately reduces. Most philosophers today prefer to conceive fundamental reality as non-mental and categorical. This leaves them seeking to reduce the mental to the non-mental and the dispositional to the categorical. Pelczar proposes to invert this picture, putting experience and chance at the foundation and attempting to explain the non-mental and categorical features of our world in their terms. The resulting view, which he calls phenomenalism, (...) takes physical objects to be possibilities (or tendencies) for experience. (shrink)

Rather than re-examine the question of whether doing good generally helps a company to do well, this study draws on contingency theory to empirically examine when doing good helps a company do as well as possible. Using panel data, we examine the effects of industry life cycle, munificence, and instability on the relationship between corporate social responsibility (CSR) and corporate financial performance (CFP). Our findings indicate that life cycle has a significant impact on the CSR-CFP relationship, as does industry instability. (...) These findings suggest that CSR helps the bottom line considerably – if it is applied at the right time. (shrink)

Slavery harmed the slaves but not their descendants since slavery brought about their existence. The descendants gain the slaves’ claims via inheritance. However, collecting the inheritance-based claim runs into a number of difficulties. First, every descendant usually has no more than a portion of the slave’s claim because the claim is often divided over generations. Second, there are epistemic difficulties involving the ownership of the claim since it is unlikely that a descendant of a slave several generations removed would have (...) retained the claim of inheritance given the loss of wealth and disinheritance that often characterizes families. There are also problems in determining the amount of inheritance. This is in part because of the problems of calculating in the effects of offsets, especially crime-related offsets, which are owed by a significant portion of the descendants. Even if this inheritance claim can be established with sufficient confidence certain entities may not be asked to pay it. The federal government does not owe compensation since as a historical matter it permitted but did not cause enslavement. The beneficiaries of slavery do not owe compensation since merely receiving the benefit of an unjust activity does not by itself generate a debt of compensation. When combined these problems constitute an overwhelming case against reparations. (shrink)

Models are the coin of the realm in current philosophy of science, as they are in science itself, having replaced laws and theories as the primary strategy. Logical Positivism tried to erase the older neo-Kantian distinction between ideal constructions and reality. It returns in the case of models. Nowak’s concept of idealization pro- vided an alternative account of this issue. It construed model application as concretizations of hypotheses which improve by accounting for exceptions. This appears to account for physical law. (...) But it raises the problem of uniqueness: is the result unique, as physical law should be? Neo-Kantianism failed this test. Its solutions were circular justifications for claims of uniqueness. Nowak inherited the problem without resolving it. (shrink)

Although Kant is often interpreted as an Enlightenment Deist, Kant scholars are increasingly recognizing aspects of his philosophy that are more amenable to theism. If Kant regarded himself as a theist, what kind of theist was he? The theological approach that best fits Kant’s model of God is panentheism, whereby God is viewed as a living being pervading the entire natural world, present ‘in’ every part of nature, yet going beyond the physical world. The purpose of Kant’s restrictions on our (...) knowledge of God is not to cast doubt on God’s existence, but to preserve a mystery in God’s reality so that God is always more than the world as we experience it. The same God who is theoretically unknowable is also an aspect of the moral substratum of the physical world. Kant’s moral Trinity (God as righteous Lawgiver, benevolent Ruler, and just Judge) permeates everything, as the ultimate unifier of reason and nature. This Paper was delivered during the 2007 APA Pacific Mini-Conference on Models of God, together with papers published in Philosophia 35:3–4. (shrink)

This paper defends the view that normative force depends on desire, by sketching an Argument from Voluntary Response which attempts to establish this dependence by appeal to the autonomous character of our experience of normative authority, and the voluntary character of our responses to it. I first offer an account of desiring as mentally aiming intrinsically at some end. I then argue that behaviour is only voluntary if it results from such aiming; hence all voluntary behaviour is produced by desire. (...) Full-blooded responses to normativity are voluntary actions: motivation to act arises voluntarily from perception of reasons to act. This fits the desire-based model of normativity but not its rivals (in particular I take as a foil Stephen Darwall's discussion of Roberta). However this argument concludes merely that our responses to normativity are desire-based. I end with observations about how we can bridge the gap from the nature of response to normativity to the nature of normativity itself. (shrink)

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

The purpose of this chapter is to outline some of the thinking behind new e-learning technology, including e-portfolios and personal learning environments. Part of this thinking is centered around the theory of connectivism, which asserts that knowledge - and therefore the learning of knowledge - is distributive, that is, not located in any given place (and therefore not 'transferred' or 'transacted' per se) but rather consists of the network of connections formed from experience and interactions with a knowing community. And (...) another part of this thinking is centered around the new, and the newly empowered, learner, the member of the net generation, who is thinking and interacting in new ways. These trends combine to form what is sometimes called 'e-learning 2.0' - an approach to learning that is based on conversation and interaction, on sharing, creation and participation, on learning not as a separate activity, but rather, as embedded in meaningful activities such as games or workflows. (shrink)

Charles Perrow used the term normal accidents to characterize a type of catastrophic failure that resulted when complex, tightly coupled production systems encountered a certain kind of anomalous event. These were events in which systems failures interacted with one another in a way that could not be anticipated, and could not be easily understood and corrected. Systems of the production of expert knowledge are increasingly becoming tightly coupled. Unlike classical science, which operated with a long time horizon, many current forms (...) of expert knowledge are directed at immediate solutions to complex problems. These are prone to breakdowns like the kind discussed by Perrow. The example of the Homestake mine experiment shows that even in modern physics complex systems can produce knowledge failures that last for decades. The concept of knowledge risk is introduced, and used to characterize the risk of failure in such systems of knowledge production. (shrink)