Based on the notion of a trope, this paper gives a novel analysis of identificational sentences such as 'this is Mary','this is a beautiful woman', 'this looks like Mary', or 'this is the same lump of clay, but not the same statue as that'.

Frege held that the bare demonstrative ‘that’ is incomplete, and that it is the word together with a gesture that serves as the designating expression, and likewise that it is the word ‘yesterday’ together with the time of utterance that designates the relevant day. David Kaplan’s original theory of indexicals holds that Frege’s supplementation thesis is correct about demonstratives but incorrect about ‘yesterday’. Kaplan’s account of demonstratives deviates from Frege’s in treating supplemented demonstratives as directly referential, (...) hence rigid. It is argued here that the gesture or other demonstration that accompanies an utterance of ‘that’ is not part of the designating expression but instead part of the utterance context. (shrink)

I demonstrate that a "speech act" theory of meaning for imperatives is—contra a dominant position in philosophy and linguistics—theoretically desirable. A speech act-theoretic account of the meaning of an imperative !φ is characterized, broadly, by the following claims. -/- LINGUISTIC MEANING AS USE !φ’s meaning is a matter of the speech act an utterance of it conventionally functions to express—what a speaker conventionally uses it to do (its conventional discourse function, CDF). -/- IMPERATIVE USE AS PRACTICAL !φ's CDF is to (...) express a practical (non-representational) state of mind—one concerning an agent's preferences and plans, rather than her beliefs. -/- Opposed to speech act accounts is a preponderance of views which deny that a sentence's linguistic meaning is a matter of what speech act it is used to perform, or its CDF. On such accounts, meaning is, instead, a matter of "static" properties of the sentence—e.g., how it depicts the world as being (or, more neutrally, the properties of a model-theoretic object with which the semantic value of the sentence co-varies). On one version of a static account, an imperative 'shut the window!' might, for instance, depict the world as being such that the window must be shut. -/- Static accounts are traditionally motivated against speech act-theoretic accounts by appeal to supposedly irremediable explanatory deficiencies in the latter. Whatever a static account loses in saying (prima facie counterintuitively) that an imperative conventionally represents, or expresses a picture of the world, is said to be offset by its ability to explain a variety of phenomena for which speech act-theoretic accounts are said to lack good explanations (even, in many cases, the bare ability to offer something that might meet basic criteria on what a good explanation should be like). -/- I aim to turn the tables on static accounts. I do this by showing that speech act accounts are capable of giving explanations of phenomena which fans of static accounts have alleged them unable to give. Indeed, for a variety of absolutely fundamental phenomena having to do with the conventional meaning of imperatives (and other types of practical language), speech act accounts provide natural and theoretically satisfying explanations, where a representational account provides none. (shrink)

By laying bare the philosophical prejudices underlying certain modern deprecations of Confucianism, this article defends the integrity of Confucian civilization and reclaims its significance for the modern world. Taking on a typical criticism of Confucian Ethics by Alsadire MacIntyre, I argue that the ideal of Confucian self can be defined neither in terms of Western concepts of autonomy nor heteronomy; it consists rather in a kind of virtuosity as inspired by the empathetic openness of the self. Through a comparative (...) study of Confucian and typical Western ethical theories, I will demonstrate further how the empathetic embodiment of the Confucian self informs an order of ritual that may still be relevant for the modern world in promoting harmonious social and political orders that can elevate the conventional and current power hierarchies into the virtuous rule of benefaction. (shrink)

This article considers the proportionality requirement of the self-defense justification. It first lays bare the assumptions and the logic—and often illogic—underlying very strict accounts of the proportionality requirement. It argues that accounts that try to rule out lethal self-defense against threats to property or against threats of minor assault by an appeal to the supreme value of life have counter-intuitive implications and are untenable. Furthermore, it provides arguments demonstrating that there is not necessarily a right not to be killed (...) in defense against theft or minor assaults. While there is a general moral right of self-defense and a general right to life, the scope of these rights depends on certain social facts that—even within a liberal framework—can differ from one society to another. Moreover, the proportionality of self-defense does not depend on the rights of the aggressor alone, but also on a precautionary rule, shaped by the balance of interests of the society in question and aimed at protecting innocent people and other social interests. This rule can protect an aggressor even in cases where he does not have the right to such protection. (shrink)

Summary: Throughout the history of science, indeed throughout the history of knowledge, unification has been touted as a central aim of intellectual inquiry. We’ve always wanted to discover not only numerous bare facts about the universe, but to show how such facts are linked and interrelated. Large amounts of time and effort have been spent trying to show diverse arrays of things can be seen as different manifestations of some common underlying entities or properties. Thales is said to have (...) originated philosophy and science with his declaration that everything was, at base, a form of water. Plato’s theory of the forms was thought to be a magnificent accomplishment because it gave a unified solution to the separate problems of the relation between knowledge and belief, the grounding of objective values, and how continuity is possible amid change. Pasteur made numerous medical advancements possible by demonstrating the interconnection between microorganisms and human disease symptoms. Many technological advances were aided by Maxwell’s showing that light is a kind of electromagnetic radiation. The attempt to unify the various known forces is often referred to as “The Holy Grail” of physics. Some philosophers have even suggested that providing explanations is itself just a sort of unifying of our knowledge. But while unification (like simplicity) has often been hailed as a tremendous virtue in science, the meaning of the term is not altogether clear. Scientists often don’t specify what, precisely, they mean by unification. And in cases where what they mean is clear, different thinkers plainly mean different things by the term. What are the various senses of unification, and why has unification been such an important aim in the history of inquiry? (shrink)

Kant’s enigmatic term, “Gesinnung”, baffles many readers of Religion within the Bounds of Bare Reason. Detailed analysis of Kant’s theory of Gesinnung, covering all 169 occurrences of cognate words in Religion, clarifies its role in his theories of both general moral decision-making and specifically religious conversion. Whereas the convention of translating “Gesinnung” as “disposition” reinforces a tendency to interpret key Kantian theories metaphysically, and Pluhar’s translation as “attitude” has psychological connotations, this study demonstrates that Kantian Gesinnung is volitional, referring (...) to a person’s principle-based choice to live a certain way. Interpreted as principled “conviction”, Kantian Gesinnung is a religiously-manifested, moral form of Überzeugung (“convincing”). (shrink)

Evolutionary biologists, evolutionary epistemologists, and biosemioticians have demonstrated that organisms not merely adapt to an external world, but that they actively construct their environmental, sociocultural, and cognitive niches. Denis Noble demonstrates that such is no different for those organisms that engage in science, and he lays bare several crucial assumptions that define the scientific dogmas and practices of evolutionary biology.

ABSTRACT: This paper discusses the Stoic treatment of fallacies that are based on lexical ambiguities. It provides a detailed analysis of the relevant passages, lays bare textual and interpretative difficulties, explores what the Stoic view on the matter implies for their theory of language, and compares their view with Aristotle’s. In the paper I aim to show that, for the Stoics, fallacies of ambiguity are complexes of propositions and sentences and thus straddle the realms of meaning (which is the (...) domain of logic) and of linguistic expressions (which is the domain of linguistics), but also involve a pragmatic element; that the Stoics believe that the premises of the fallacies, when uttered, have only one meaning and are true, and thus should be conceded; that hence there is no need for a mental process of disambiguation in the listeners; that Aristotle, by contrast, appears to assume that the premises always have all their meanings, and accordingly recommends that the listeners explicitly disambiguate them, which presupposes a process of mental disambiguation. I proffer two readings of the Stoic advice that we ‘be silent’ when confronted with a fallacy of ambiguity in dialectical discourse, and explicate how each leads to an overall consistent interpretation of the textual evidence. Finally, I demonstrate that the method advocated by the Stoics works in all cases of fallacies of lexical ambiguity. (shrink)

It has been commonplace to equate Foucault’s 1979 series of lectures at the Collège de France with the claim that for neoliberalism, unlike for classical liberalism, the market needs to be artificially constructed. The article expands this claim to its full expression, taking it beyond what otherwise would be a simple divulgation of a basic neoliberal tenet. It zeroes in on Foucault’s own insight: that neoliberal constructivism is not directed at the market as such, but, in principle, at society, arguing (...) that the value of this insight goes beyond the critique of a neoliberal present. The neoliberal rationale rather helps him to reveal a unique historical architecture, a latent approach to the social dissimilar to the one that has long predominated in the human sciences. The inversion of homo œconomicus in neoliberal theory amounted to the unearthing of a ‘social subject of interest’ within civil society. Such a subject, barely recognized by neoliberals who simply instrumentalize it for the sake of the market, demonstrates that the social is not necessarily the natural product of ethical subjects; that society may also need to be constructed. (shrink)

Meontology of Gorgias vs. Nihilism. The purpose of this paper is to challenge Gorgias’ image of a “nihilist existentialist”. The original thesis ouden estin, too frequently rendered as „nothing exists”, thus reducing the verb “to be” to denote “bare” existence, and ouden to denote “nothingness”. On close inspection, it turns out that, in Gorgias, neither do we have a negation of reality nor an affirmative treatment of the word “nothingness”.Therefore, ouden” should not be understood as a negation of all (...) reality or a kind of affirmative “nothingness”, whereas “estin” should not be reduced to “bare” existence. (When existence is negated what we obtain is annihilation). Such practices still affect the various translations of Gorgias’ treaty On the non-being or on Nature. Gorgias’ “sophist” thought is typically interpreted as a joke or a parody of dialectical thinking of the Eleatics. In fact, as it turns out, he made no parody of dialectic but applied the elenctic, apagogic method in Zeno’s masterly manner. He did so not for an artificial purpose but to prove the absurdity of the hypothesis of absolute, transcendent (hence incognizable) one Truth-Being, which eliminates the non-being of becoming as absolute non-being. Gorgias argued in earnest in favour of relative being as such, Becoming as the only reality, which from the point of view of absolute being is after all non-being, but not-this-being, or relative non-being but not non-relative non-being, as the Eleatics had claimed. Gorgias’ positions appears to be an apologia of non-being which is, that is of Becoming. We do not transform the “nothing” into a “no thing”. The main question of the treaty is: what is predicated by the word “nothing”? Gorgias’ position can be recapitulated as “nothing is sc. true, there is no criterion because, after all, everything is opinion. It is reinforced further by meontological, i.e. anti-eleatic Gorgias’ emphasis: “No thing is Being (substance)”, because everything is Becoming. Thus the title if Gorgias’ treaty can thus be treated as as an antithesis to that of Melissos’, which – in our opinion – is to emphasize the “non-beingness” of nature, the non-substantiality of things. Therefore, if Gorgias’ text was polemical, and it questioned (while at the same time maintaining the positivity of Becoming as non-being) only the immutability of things, and thus we cannot speak of the existence or the cognizability of natures or of essences of things. In sum, the reasoning of Zeno and Melissos was of a kind that is apt to cut both ways, and that is what Gorgias showed. The argument given as peculiar to himself was to this effect. “What is not” is not, so, it is just as much as “what is”. It is as if the onset of the issues that Plato will take up in The Sophist as the problem of non-being understood as difference. The axis of Gorgias’s anti-eleatic critique, in our view, is his polemic with Parmenides’ famous thesis B3 regarding the relationship of identity or equality between noein and einai. It is an additional and perhaps the most important point of his critique that aims at demonstrating that such relationship is impossible. In brief, things are not words just as thoughts are not words. (shrink)

This article explores the compatibility of posing and authenticity in portraiture. Often understood as a source of inauthenticity, I propose that posing in fact functions as an artistic tool that can support a truthful portrayal. My argument first discusses authenticity in relation to portraiture through the lens of Bernard Williams’s idea of “truthfulness,” which relies on his notions of “accuracy” and “sincerity.” Second, I introduce a phenomenology of posing. I identify two aspects of posing that can be present in the (...) portrait; these are the “posing sitter,” who holds the actual physical pose, but also point out the use of a “posing effect” in the image, which I call the “posed sitter.” Third, I address the worry of posing as a source of inauthenticity and demonstrate how this can be reframed in order to lay bare its capacity for enhancing truthfulness. The pose then need not be regarded with suspicion of artifice that clouds the authenticity of the sitter; instead, it can offer an approach to truthfully portray the sitter. (shrink)

First recorded in the 14th century, the analogy of spit-roast meat argues that expecting the Sun to rotate around a strictly immobile Earth would be just as ludicrous as trying to move the fire around the roasting meat. On the contrary, it should be the Earth that spins upon itself in order to glean, from all possible angles, all the benefits of the Sun, just as it is the meat’s responsibility to turn on the spit before the motionless fire for (...) it to be perfectly cooked on all sides. Aimed at demonstrating, in geocentricism, the plausibility of the rotation of the Earth and, in heliocentrism, at supporting the physical reality of this terrestrial rotation, nowadays this analogy barely elicits more than an amused, or even condescending, smile. However, its continued long-term existence and its frequency of use — from the 14th to the 19th century, we found it mentioned by no less than 45 different authors — incited us to finally pay attention to it. We then noticed that beyond its explicitly cosmological scope, it raises, in its own way, the question of the purpose of the natural world: had the latter been conceived based upon humankind, then it is normal, despite what this analogy advocates, that the Sun is at the service of something more important than itself by rotating, to the profit of humankind, around the Earth; conversely, since such an infringement of the rule of common sense, as illustrated by this analogy, can neither be justified nor tolerated, it is up to the Earth to move around the Sun. Tracing the vicissitudes of this analogy, over 6 centuries, is thus not only about reconstructing the largely forgotten history of a presently obsolete analogy, but also about discovering the deeper meaning, henceforth incomprehensible, behind it. In describing how this meaning became progressively lost, one can finally pro­vide an understanding of why, in the present day, we are no longer capable of more than an amused smile when happening upon it! (shrink)

The exculpatory rhetorical power of the term “honest belief” continues to invite reliance on the bare credibility of belief in consent to determine culpability in sexual assault. In law, however, only a comprehensive analysis of mens rea, including an examination of the material facts and circumstances of which the accused was aware, demonstrates whether a “belief” in consent was or was not reckless or wilfully blind. An accused's “honest belief” routinely begs this question, leading to a truncated analysis of (...) criminal responsibility, and error. The problem illustrates how easily old rhetoric perpetuates assumptions that no longer have a place in Canadian law. (shrink)

Notions of agency and of weakness of will clearly seem to be related to one another. This essay takes on a rather modest task in relation to current discussion of these topics; it seeks to establish the following claim: If A is a normal human agent, weakness of will is possible for A. The argument relies on demonstrating that certain necessary conditions for normal human agency are at least roughly equivalent to certain sufficient conditions for weakness of will. The connection (...) between agency and weakness of will is made through the use of an extended example that lays bare the links between the two. (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)

Introduction: -/- Walking, illegally, down main Montreal thoroughfares with students in nightly demonstrations, with neighbors whom I barely knew before, banging pots and pans, and with tens, if not hundreds, of thousands of people on every 22nd of the month since March—this was unimaginable a year ago.1 Unimaginable that the collective and heterogeneous body, which is the “manif [demonstration]”, could feel so much like home, despite its internal differences. Unimaginable that this mutual dependence on one another could enable not only (...) collective protection from traffic and police but the affective strength and audacity to take back the street—a mutual dependence that includes the masked demonstrators ready to help when gassed by police. Unimaginable too that we would be breaking the law daily,2 that blocking traffic and seeing the city from the center of the street would become habit, and that as the “printemps érable” becomes summer, we would be investing our time in neighborhood assemblies, in weaving social bonds, and in sustaining and deepening the mobilization. -/- I say these actions were unimaginable not merely because the context that motivated the enlargement of the student movement into a popular struggle combines a number of unique features. Nor were they simply unimaginable because the Quebec I previously knew was marred by the Islamophobia and cultural racism made visible during the reasonable accommodation debates, a society whose mapping excluded me and for whose sake it would have been difficult to protest.3 Rather, I say these actions were unimaginable because the possibility of this popular and inclusive mobilization had not yet been created. It is this possibility that the Quebec student movement has created, I argue, not only in quantitative terms by engaging so many, but at the level of lived subjectivities and intercorporeal solidarity. The evolution of the movement should be understood, then, both as a swelling of its popular base and as an intensification and qualitative transformation of ways of life. (shrink)

James Rachels’s distinction between killing and letting die maintains that there is morally no difference between killing a terminally ill patient and letting him/her die. Therefore, active and passive euthanasia dichotomy is a distinction without a difference. Hence, if passive euthanasia is allowed, active euthanasia should be permitted too. The paper demonstrated that the distinction between killing and letting die is: (1) irrelevant to euthanasia(2) extraneous to the medical profession, and (3) methodologically degressive. Furthermore, the paper demonstrated invalidity of the (...) bare difference argument of Rachels based on the distinction because of four reasons: (1) irrelevance to American Medical Association’s statement; (2) differences between the cases such as intentionality, causality, and agency; (3) straw man fallacy, (4) and weak analogy. Therefore, the paper concluded that relating the distinction between killings and letting die to bioethics and euthanasia is unjustifiable. (shrink)

This paper seeks to bring out the difference between the later Wittgenstein’s and Davidson’s view of actions with a special focus. Initially it contrasts their respective approaches to the correlative notions of wish, will (intention) and actions, an issue which has customarily been categorized as reason-approach of Wittgenstein as against the mental causation theory endorsed by Davidson. The ultimate aim of this paper is to integrate the ontology of actions with the semantic issue of the distinction between reference and description (...) action-words, or that between the extensionalist and intensionalist approach to actions. The author demonstrates how Davidson in spite of conscientiously problematising the task of separating the mental causal antecedent from the action, goes on to undertake a hair-splitting analysis to sustain the split; and thereby preserve the extensional identity of actions. This extensional identity in Davidson’s scheme turns out to be as brute physical events with bare spatio-temporal outlines - lying beyond the various intensional ascriptions. For Wittgenstein on the other hand, actions are not caused by mental antecedents, but blend with wish, will and the so-called mental antecedents to forge an indissoluble whole, leaving no scope for the proposed bare extension to take shape. The paper concludes with a brief indication of McDowell’s treatment of this cause/reason polemics phrased in terms of the non-conceptualist versus conceptualist debate suggesting a new direction to engage with Wittgenstein’s insights on action. (shrink)

We review our approach to quantum mechanics adding also some new interesting results. We start by giving proof of two important theorems on the existence of the A(Si) and i,±1 N Clifford algebras. This last algebra gives proof of the von Neumann basic postulates on the quantum measurement explaining thus in an algebraic manner the wave function collapse postulated in standard quantum theory. In this manner we reach the objective to expose a self-consistent version of quantum mechanics. In detail we (...) realize a bare bone skeleton of quantum mechanics recovering all the basic foundations of this theory on an algebraic framework. We give proof of the quantum like Heisenberg uncertainty relations using only the basic support of the Clifford algebra. In addition we demonstrate the well known phenomenon of quantum Mach Zender interference using the same algebraic framework, as well as we give algebraic proof of quantum collapse in some cases of physical interest by direct application of the theorem that we derive to elaborate the i,±1 N algebra. We also discuss the problem of time evolution of quantum systems as well as the changes in space location, in momentum and the linked invariance principles. We are also able to re-derive the basic wave function of standard quantum mechanics by using only the Clifford algebraic approach. In this manner we obtain a full exposition of standard quantum mechanics using only the basic axioms of Clifford algebra. We also discuss more advanced features of quantum mechanics. In detail, we give demonstration of the Kocken-Specher theorem, and also we give an algebraic formulation and explanation of the EPR paradox only using the Clifford algebra. By using the same approach we also derive Bell inequalities. Our formulation is strongly based on the use of idempotents that are contained in Clifford algebra. Their counterpart in quantum mechanics is represented by the projection operators that, as it is well known, are interpreted as logical statements, following the basic von Neumann results. Von Neumann realized a matrix logic on the basis of quantum mechanics. Using the Clifford algebra we are able to invert such result. According to the results previously obtained by Orlov in 1994, we are able to give proof that quantum mechanics derives from logic. We show that indeterminism and quantum interference have their origin in the logic. Therefore, it seems that we may conclude that quantum mechanics, as it appears when investigated by the Clifford algebra, is a two-faced theory in the sense that it looks from one side to “matter per se”, thus to objects but simultaneously also to conceptual entities. We advance the basic conclusion of the paper: There are stages of our reality in which we no more can separate the logic ( and thus cognition and thus conceptual entity) from the features of “matter per se”. In quantum mechanics the logic, and thus the cognition and thus the conceptual entity-cognitive performance, assume the same importance as the features of what is being described. We are at levels of reality in which the truths of logical statements about dynamic variables become dynamic variables themselves so that a profound link is established from its starting in this theory between physics and conceptual entities. Finally, in this approach there is not an absolute definition of logical truths. Transformations , and thus … “redefinitions”…. of truth values are permitted in such scheme as well as the well established invariance principles, clearly indicate . (shrink)

In this paper, I first introduce one of the most prominent objections against the Growing Block Theory of time (GBT), the so-called ‘epistemic objection’, according to which GBT provides no way of knowing that our time is the objective present and, therefore, leads at best to absolute skepticism about our temporal location, at worst to the quasi-certainty that we are located in the objective past. Secondly, I express my dissatisfaction regarding the various traditional attempts to address this objection, especially Merricks (...) (2006), Forrest (2004) and Correia and Rosenkranz (2018). Thirdly, I show that the passage of time leads to an anti-essentialist picture of natural kinds. Finally, I develop my own solution to the epistemic objection, based on the continued existence of bare particulars. (shrink)

My general aim in this paper is to shed light on the controversial concept of a bare particular. I do so by arguing that bare particulars are best understood in terms of the individuative work they do within the framework of a realist constituent ontology. I argue that outside such a framework, it is not clear that the notion of a bare particular is either motivated or coherent. This is suggested by reflection on standard objections to (...) class='Hi'>bare particulars. However, within the framework of a realist constituent ontology, bare particulars provide for a coherent theory of individuation—one with a potentially significant theoretical price tag, but one that also has advantages over rival theories. (shrink)

One of the traditional desiderata for a metaphysical theory of laws of nature is that it be able to explain natural regularities. Some philosophers have postulated governing laws to fill this explanatory role. Recently, however, many have attempted to explain natural regularities without appealing to governing laws. Suppose that some fundamental properties are bare dispositions. In virtue of their dispositional nature, these properties must be (or are likely to be) distributed in regular patterns. Thus it would appear that an (...) ontology including bare dispositions can dispense with governing laws of nature. I believe that there is a problem with this line of reasoning. In this essay, I’ll argue that governing laws are indispensable for the explanation of a special sort of natural regularity: those holding among categorical properties (or, as I’ll call them, categorical regularities). This has the potential to be a serious objection to the denial of governing laws, since there may be good reasons to believe that observed regularities are categorical regularities. (shrink)

Bare particulars tend to get a bad rap. But often, the arguments lodged against bare particulars seem to miss important aspects of the theoretical context of bare particulars. In particular, these arguments fail to situate bare particulars within a constituent ontology with substrates, and thus fail to appreciate an important consequence of that context: the need for two types of exemplification. In this paper, I do three things. First, I motivate and describe the need, given (...) class='Hi'>bare particulars, for two types of exemplification, and explore more generally how constituent ontologies with substrates ought to think about exemplification. Second, I show how Andrew Bailey’s (2012) new argument against bare particulars fails when that need is charitably considered. Third, I highlight where bare particular theory ought to be pressed, which turns out to be precisely its account of exemplification. (shrink)

I discuss a short string of five sentences in Metaphysics V.5, 1015b6-9 relating demonstration to necessity. My proposal is that Aristotle focuses his attention on the demonstration as a demonstration. Other interpretations reduce the necessity in question to the modality of the component sentences of the demonstrations (the conclusion and the premises). My view does not deny that the modality of the component sentences is important, but takes seriously the idea that a demonstration itself should be understood as necessary—as not (...) capable of being otherwise. A demonstration cannot be different from what it is in the sense that [i] its components cannot be different from what they are, [ii] its components must be related to each other exactly in the way they are related. Demonstrations aim at the fully appropriate explanation of a given explanandum—and each demonstration is individuated by the explanandum it takes. Thus, the basic idea is that, for the target explanandum that individuates a given demonstration, the premises delivering the fully appropriate explanation cannot be replaces with different ones. I show how this proposal, which explains Aristotle’s language in 1015b6-9 accurately, does not make demonstrations ‘melt down into conditional necessity’, first, because the modality of the component sentences is still importantly involved, second, because the explanatory relation expressed in a demonstration is a necessary fact in the real world, so that the demonstration itself is also necessary (in the way I have explained) inasmuch as it captures that fact. (shrink)

Bare plural generic sentences pervade ordinary talk. And yet it is extremely controversial what semantics to assign to such sentences. In this paper, I achieve two tasks. First, I develop a novel classification of the various standard uses to which bare plurals may be put. This “variety data” is important—it gives rise to much of the difficulty in systematically theorizing about bare plurals. Second, I develop a novel account of bare plurals, the radical account. On this (...) account, all bare plurals fail to express propositions. The content of a bare plural has to be pragmatically “completed” by a speaker in order for her to make an assertion. At least the content of a quantifier expression has to be supplied. But sometimes, the content of a sentential operator or modal verb is also supplied. The radical account straightforwardly explains the variety data: Speakers’ communicative intentions vary wildly across different contexts. (shrink)

We criticize the bare theory of quantum mechanics -- a theory on which the Schrödinger equation is universally valid, and standard way of thinking about superpositions is correct.

When I act on something, three kinds of idea (or representation) come into play. First, I have a non-visual representation of my goals. Second, I have a visual description of the kind of thing that I must act upon in order to satisfy my goals. Finally, I have an egocentric position locator that enables my body to interact with the object. It is argued here that these ideas are distinct. It is also argued that the egocentric position locator functions in (...) the same way as a demonstrative, and that the involvement of such demonstratives in visual content negates naive realism. (This is a nearly final draft of a paper that is to be published in Raftopoulos and Machamer (eds), Perception, Realism, and the Problem of Reference (forthcoming from Cambridge UP. It is a shorter revised version of "Visual Reference", posted earlier.). (shrink)

The article explores the striking coincidences in Heidegger's and Blanchot's account of the image as death mask. The analysis of the respective theories of the image brings forth two radically divergent conceptions of thinking as "laying patent" (Heidegger) and of thinking as "laying bare" (Blanchot).

Brief essay on Giorgio Agamben's concept of "bare life" from Homo Sacer: Sovereign Power and Bare Life (1998), with reference to The Time that Remains: A Commentary on the Letter to the Romans (2005).

An argument to the effect that, under a few reasonable assumptions, the bare particular ontology is best understood in terms of supersubstativalism: objects are identical to regions of space(-time) and properties directly inhere in space(-time) points or region as their bearers.

Initially introduced to the philosophical world as elusive, we-know-notwhats—substrata underlying the properties had or exemplified by things, but themselves bereft of properties—bare particulars have been dismissed as undetectable, unnecessary, and even incoherent. Hardly a warm welcome. It appears, however, that times are changing. In a recent series of articles, for example, J. P. Moreland has argued that “bare particulars are crucial entities in any adequate overall theory of individuation”;’ that is, concrete particulars cannot be individuated without them. In (...) the same vein, Oaklander and Rothstein,2 drawing upon elements of Moreland’s new theory, have defended bare particulars against Loux’s grounding objection’—that if the theory is correct, bare particulars are qualitatively indiscernible; in which case we either have no basis for saying that they arc numerically diverse, or we must introduce lower-level substrata to ground that diversity, thereby raising the spectre of an infinite regress of individuators. (shrink)

It is often thought that endowing a demonstrative with a Fregean sense leaves no room for maintaining that it is also a rigid designator. In addition, some philosophers claim that indexicals - surely the paradigms of singular reference - pose a serious threat to the Fregean sense/ reference approach as they do not comply with the view that singular terms have Fregean senses. In this paper I argue that neither of these is true.

This is the published version of a talk on meta-ontology in a conference of a multidisciplinary research project on "logic and sensibility". It argues against univocalism about "existence" and for a variety of perspectivism.

This paper discusses and evaluates a recent argument for the conclusion that an attractive variety of Russellian monism ought to be regarded as a form of physicalism. According to this line of thought, if the Russellian’s “inscrutable” properties are held to ground not only experience, but also the physical structure of the world—and in this sense are not “experience-specific”—they thereby have an unproblematic place in physicalist metaphysics. I argue, in contrast, that there can be a sense in which the Russellian’s (...) inscrutables are experience-specific in a way that a physicalist probably ought to find objectionable, even if they play some role other than grounding experience. This will be the case, I argue, if certain worlds are taken to be possible, as they sometimes have: worlds of “bare structure” and worlds with what might be called “swapped inscrutables”. In this way, I claim that accepting certain possibilities has consequences for how one should understand the nature of the Russellian’s inscrutables and the place they have in physicalist metaphysics. (shrink)

according to aristotle's posterior analytics, scientific expertise is composed of two different cognitive dispositions. Some propositions in the domain can be scientifically explained, which means that they are known by "demonstration", a deductive argument in which the premises are explanatory of the conclusion. Thus, the kind of cognition that apprehends those propositions is called "demonstrative knowledge".1 However, not all propositions in a scientific domain are demonstrable. Demonstrations are ultimately based on indemonstrable principles, whose knowledge is called "comprehension".2 If the knowledge (...) of all scientific propositions were... (shrink)

In some sentences, demonstratives can be substituted with definite descriptions without any change in meaning. In light of this, many have maintained that demonstratives are just a type of definite description. However, several theorists have drawn attention to a range of cases where definite descriptions are acceptable, but their demonstrative counterparts are not. Some have tried to account for this data by appealing to presupposition. I argue that such presuppositional approaches are problematic, and present a pragmatic account of (...) the target contrasts. On this approach, demonstratives take two arguments and generally require that the first, covert argument is non-redundant with respect to the second, overt argument. I derive this condition through an economy principle discussed by Schlenker (2005). (shrink)

'Mindfulness' is arguably the most important concept to have transplanted from Buddhist thought to contemporary Western psychology. However, whilst mindfulness was already an ambiguous term in the original context, specified more by a set of practices than by a clear definition, its cross-cultural transmission has blurred its content even further. In this paper, I assess the recent criticism of the widespread definition of mindfulness as non-elaborative, purely receptive 'bare attention'. According to the critics of bare attention, what can (...) be characterized as purely receptive is the automatic turning of attention toward an object. But should mindfulness be a quality of consciousness that is to be established and developed by the reflexive practice of meditation, it must be something more than this automatic turning of attention. This paper shows how the definition of mindfulness as bare attention can be defended by explicating it in terms of the phenomenological model of attention. (shrink)

Standard semantic theories predict that non-deictic readings for complex demonstratives should be much more widely available than they in fact are. If such readings are the result of a lexical ambiguity, as Kaplan (1977) and others suggest, we should expect them to be available wherever a definite description can be used. The same prediction follows from ‘hidden argument’ theories like the ones described by King (2001) and Elbourne (2005). Wolter (2006), however, has shown that complex demonstratives admit non-deictic (...) interpretations only when a precise set of structural constrains are met. In this paper, I argue that Wolter’s results, properly understood, upend the philosophical status quo. They fatally undermine the ambiguity theory and demand a fundamental rethinking of the hidden argument approach. (shrink)

The paper argues that the reference of perceptual demonstratives is fixed in a causal nondescriptive way through the nonconceptual content of perception. That content consists first in spatiotemporal information establishing the existence of a separate persistent object retrieved from a visual scene by the perceptual object segmentation processes that open an object-file for that object. Nonconceptual content also consists in other transducable information, that is, information that is retrieved directly in a bottom-up way from the scene (motion, shape, etc). (...) The nonconceptual content of the mental states induced when one uses a perceptual demonstrative constitutes the mode of presentation of the perceptual demonstrative that individuates but does not identify the object of perceptual awareness and allows reference to it. On that account, perceptual demonstratives put us in a de re relationship with objects in the world through the non-conceptual information retrieved directly from the objects in the environment. (shrink)

Most philosophers recognize that applying the standard semantics for complex demonstratives to non-deictic instances results in truth conditions that are anomalous, at best. This fact has generated little concern, however, since most philosophers treat non-deictic demonstratives as marginal cases, and believe that they should be analyzed using a distinct semantic mechanism. In this paper, I argue that non-deictic demonstratives cannot be written off; they are widespread in English and foreign languages, and must be treated using the same (...) semantic machinery that is applied to deictic instances. (shrink)

Kopeikin (forthcoming a, forthcoming b) and Rachels’ (1975) bare-difference cases elicit the intuition that killing is no different than letting die. Hill’s (2018) bare-difference cases elicit the intuition that killing is worse than letting die. At least one of the intuitions must be mistaken. This calls for an error theory. Hill has an error theory for the intuition elicited by the Kopeikin/Rachels’ cases. Kopeikin and Rachels have an error theory for the intuition elicited by Hill’s cases. A natural (...) thought is that we are at an impasse. There is no plausible basis for preferring one error theory to the other. I argue that this natural thought is mistaken. Not all error theories are equal. Preliminary considerations favor Hill’s error theory and disfavor the Kopeikin/Rachels error theory. But preliminary considerations are not decisive. The way forward in the bare-difference debate is not to evaluate intuitions. The intuitions are in. What is left to do now is evaluate the comparative status of the Hill and the Kopeikin/Rachels error theories. (shrink)

Comment l'Etre s'ouvre-t-il ? Réponse définitive au sophiste Heidegger.

Frege held that referring expressions in general, and demonstratives and indexicals in particular, contribute more than just their reference to what is expressed by utterances of sentences containing them. Heck first attempts to get clear about what the essence of the Fregean view is, arguing that it rests upon a certain conception of linguistic communication that is ultimately indefensible. On the other hand, however, he argues that understanding a demonstrative (or indexical) utterance requires one to think of the object (...) denoted in an appropriate way. This fact makes it difficult to reconcile the view that referring expressions are "directly referential" with any view that seeks (as Grice's does) to ground meaning in facts about communication. (shrink)

The paper presents a new theory of perceptual demonstrative thought, the property-dependent theory. It argues that the theory is superior to both the object-dependent theory (Evans, McDowell) and the object-independent theory (Burge).

In his early works, Giorgio Agamben argues that some Auschwitz inmates practised a ‘silent form of resistance’ by shutting themselves off from the world until nothing could harm them. I argue that this conception of ‘bare life’ is both too abstract and too individualistic. Agamben’s idea of bare life’s resistance first neglects the socio-historical context that has produced particular instances of it, effectively barring the investigation into how to avoid future occurrences of sovereign violence. Agamben, second, emphasizes the (...) potential for resistance present in individual bodies shut off from the world without providing guidelines for how these bodies should form a substantive community. I consequently employ Vasily Grossman’s writings on the Shoah to provide an alternative conception of bare life’s resistance in the camps. According to Grossman, resistance lies not in closing oneself off from the world, but in cultivating ineradicable nodes of ‘senseless kindness’ in concrete human interactions. (shrink)

Could Christians and Muslims be referring to the same God? For an account of the reference of divine names, I follow Bogardus and Urban (2017) in advocating in favour of using Gareth Evans’s causal theory of reference, on which a name refers to the dominant source of information in the name’s “dossier”. However, I argue further that information about experiences, in which God is simply the object of acquaintance, can dominate the dossier. Thus, this demonstrative use of names offers a (...) promising alternative avenue by which users of the divine names can refer to the same referent despite having different conceptions of God. I also respond to Burling’s (2019) worship-worthiness view. (shrink)