This paper considers the view that the basis of equality is the range property of being a moral person. This view, suggested by John Rawls in his A Theory of Justice (1971), is commonly dismissed in the literature. By defending the view against the criticism levelled against it, I aim to show that this dismissal has been too quick. The critics have generally failed to fully appreciate the fact that Rawls's account is restricted to the domain of distributive (...) justice. On Rawls's view distributive justice is a matter of the fair terms of cooperation among the participants of a system of social cooperation. I argue that this understanding of distributive justice can provide a compelling rationale for considering moral personality as the basis of equality for this domain of morality. That moral persons are indeed equal is further supported by an intuitive argument concerning the irrelevance of morally arbitrary factors, giving us reasons to believe that varying capacities among moral persons does not result in an unequal moral status. The dismissal of Rawls's account of equality has thus been premature, and it remains an important view to consider. (shrink)

Discrimination, understood as differential treatment of individuals on the basis of their respective group memberships, is widely considered to be morally wrong. This moral judgment is backed in many jurisdictions with the passage of equality of opportunity legislation, which aims to ensure that racial, ethnic, religious, sexual, sexual-orientation, disability and other groups are not subjected to discrimination. This chapter explores the conceptual underpinnings of discrimination and equality of opportunity using the tools of analytical moral and political philosophy.

There are increasing calls for rejecting the ‘dead donor’ rule and permitting ‘organ donation euthanasia’ in organ transplantation. I argue that the fundamental problem with this proposal is that it would bestow more worth on the organs than the donor who has them. What is at stake is the basis of human equality, which, I argue, should be based on an ineliminable dignity that each of us has in virtue of having a rational nature. To allow mortal harvesting (...) would be to make our worth contingent upon variable quality of life of judgments that can only be based on properties that come in degrees. Thus, rejecting the ‘dead donor’ rule comes at the expense of our egalitarian principles with respect to the value each individual human life has in relation to the protections against killing. (shrink)

While this article aims to explore the connections between citizenship and ‘race’, it is the first study to use fictional tools as a sociological resource in exemplifying the deviation between citizenship in principle and practice in an Austrian context. The study involves interviews with 73 Austrians from three ethnic/racial groups, which were subjected to a directed approach to qualitative content analysis and coded based on sentences from George Orwell’s fictional book, ‘Animal Farm’. By using fiction as a conceptual and analytical (...) device, this article goes beyond the orthodox particulars of citizenship to expose the compressed entitlements of some racial/ethnic minorities. In particular, data analysis revealed two related and intertwined central themes: (a) “all animals are not equal or comrades”; and (b) “some animals are more equal than others”. All ‘animals’ may be equal in principle, whereas, in practice, their ‘race’ serves as a critical source of social (dis)advantage in the ‘animal kingdom’. Thus, since citizenship is a precondition for possessing certain rights that non-citizens are not granted, I argue that citizenship cannot only be judged by whom it, in theory, excludes (i.e., non-citizens), but also by how it treats the included (i.e., citizens) on the basis of their ‘race’. I conclude that skin colour is a specific aspect of the hierarchy of citizenship in Austria, which reinforces that ‘some animals are more equal than others’. (shrink)

Justice is about political ideals on how to accommodate differences that are natural among basically heterogeneous human beings. In many ways, justice is remarkably complicated because of the alleged conflict between the demands of equality and the concern that people should have as much liberty available. The author argues in this essay that the ideal of equality and liberty can be reconciled into the liberal ideal of fairness. This compromise view accounts as a justification for coercive institutions and (...) obligations and a tenable basis for a practical definition of rights and justice in general. The author does this by going through the philosophical presuppositions of the different theories of justice. His examination focuses on rendering analytic clarity to the ideal of equality, liberty, and the value of community. (shrink)

The paper critically discusses the dualism in the interpretation of the moral basis of public reason. We argue that in order to maintain the complementarity of both liberal and democratic values within the debate on public reason, the arguments from liberty and from civic friendship cannot be considered in isolation. With regard to the argument from liberty, we contend that because the idea of natural liberty is an indispensable starting point of liberal theory, no explanation of the justification of (...) political power can do without it. In particular, we focus on the requirement of reasonableness and show that we should retain the epistemic aspect of the reasonableness of persons. The main reason for this is to be found in the criterion of reciprocity which provides the deepest justification of the respect for people’s liberty – that is, the liberal aspect of liberal democracy. At the same time, however, we argue that reciprocity also provides the grounds for responding to the criticism that the essentially liberal approach fails to adequately take into consideration the role of political community. Because reciprocity may also be interpreted as being based on civic friendship, it provides the resources to respond to such criticism. It thus supplies the normative background also for the second, democratic pillar of public reason. We then critically examine the newly emerging approach built predominantly on the argument from civic friendship, arguing that by prioritising the civic friendship interpretation and, at times, tending to completely abandon the liberty-based one, it overlooks the indispensability of liberty-based considerations for the criterion of reciprocity. We conclude that in order to adequately capture the common liberal-democratic basis of public reason, both interpretations of reciprocity must be linked within a comprehensive account. (shrink)

The purpose of this paper is to briefl y examine one of the fundamental assumptions made in contemporary liberal political philosophy, namely that persons are free and equal. Within the contemporary liberal political thought it would be considered very uncontroversial and even trivial to claim something of the following form: “persons are free and equal” or “people think of themselves as free and equal”. The widespread nature of this assumption raises the question what justifies this assumption, are there good reasons (...) for holding it? After establishing some methodological remarks, including a distinction between having freedom-equality and being free-equal and restricting the domain of discussion to include only a subset of all moral questions, namely the questions of political morality, the paper deals with some conceptual issues concerning this assumption of persons as free and equal, such as how do free-and-equal-making properties relate to person-making properties. It then moves on to examine three broad ways the free-and-equal-mak-ing properties could be established. First, necessary property approaches, which take some necessary feature of persons to be what makes them free and equal (e.g. possessing an immortal soul). Second, contingent property approaches, which take some contingent feature of persons to be what makes them free and equal (e.g heir practise of reasoning). Third, agreement based approaches, which take some agreement or contract among persons to be the basis for their being free and equal (e.g. evolutionary emergence of our treatment of others). Strengths and weaknesses of all approaches will be examined. (shrink)

Individuals are owed equal respect. But on the basis of what property of individuals are they owed such respect? A popular Kantian answer —rational agency — appears less plausible in light of the growing psychological evidence that human choice is subject to a wide array of biases (framing, laziness, etc.); human beings are neither equal in rational agency nor especially robust rational agents. Defenders of this Kantian answer thus need a non-ideal theory of equal respect for rational agency, one (...) that takes seriously our characteristic deficiencies of practical rationality without junking the notion that rational agency entitles us to equal respect. This article defends an understanding of respect for rational agency wherein the object of such respect is individuals’ aspiration to rationally govern their lives. This understanding of respect for rational agency retains the core notion of respect as a kind of deference, directs respect at persons, has suitably egalitarian implications, and does not require us to deny the aforementioned psychological evidence regarding the infirmities of human rationality. (shrink)

On social equality, individuals ought to relate on terms of equality. An important issue concerning this theory, which has not received much attention, is its scope: which individuals ought to relate on egalitarian terms? The answer depends on the theory’s grounds: the basis upon which demands of social equality arise when they do. In this chapter, I consider how we ought to construe the scope and the grounds of social equality. I argue that underlying the (...) considerations social egalitarians advance for taking demands of social equality to arise in the context of the state are relational facts that can obtain beyond state borders. So, my argument suggests an account of the grounds of social equality, and this account provides support for the scope of social equality potentially transcending the state. (shrink)

In this paper I argue that self-respect constitutes an important value, and further, serves as an important basis for equality. I also argue that under conditions of inequality-producing segregation, voluntary separation in schooling may be more likely to provide the resources necessary for self respect. Accordingly, I defend a prima facie case of voluntary separation for stigmatized minorities when equality – as equal status and treatment – is not an option under either the terms of integration or (...) involuntary segregation. (shrink)

In morally grounding a public justification requirement, public reason liberals frequently invoke the idea that persons should be construed as “free and equal.” But this tells us little with regard to what it is about us that makes us free or how a claim about our status as persons can ultimately ground a requirement of public justification. In light of this worry, I argue that a public justification requirement can be grounded in a Nozick-inspired argument from the separateness of persons (...) (one that is consistent with the idea that individuals are free and equal). As I claim, one particular feature of the fact of our separateness – the possession of a basic psychology consisting of beliefs, intentions, sentiments, and a variety of desire-like psychological states – does the most work in grounding both a principle of liberty (PL) and a requirement of public justification (RPJ). Together, PL and RPJ provide the basic framework for a theory of public reason liberalism. (shrink)

What is the ethical basis for democracy? What reasons do we have to go along with democratic decisions even when we disagree with them? When can we justly ignore democratic decisions? These three questions are intimately connected: understanding what is ultimately important about democracy helps us to understand the authority of democratic decisions over our personal views, and the limits of such authority. Thomas Christiano’s ambitious new book, The Constitution of Equality, aims to provide such an understanding through (...) a discussion of all three questions. Briefly put, in Christiano’s view, public equality is the moral foundation of both democracy and liberal rights, and it serves to explain the authority of democracy as well as its limits. The book aims first of all to ground the principle of public equality in a number of principles related to the nature of personhood, dignity, well-being and formal considerations of justice, on the one hand, and in the need for publicity for social justice, on the other (Chaps. 1 and 2). The book then aims to show how both democracy and basic liberal rights are grounded in the principle of public equality, which tells us that in the establishment of law and policy we must treat persons as equals in ways that they can see are treating them as equals (Chaps. 3 and 4). The account clarifies the nature and roles of adversarial politics and public deliberation in political life (Chap. 5). Finally, the book argues that democratic decisions have authority over personal views and that violations of democratic and liberal rights are beyond the legitimate authority of democracy, and that the creation of persistent minorities in a democratic society, and the failure to ensure a basic minimum for all persons weaken the legitimate authority of democracy (Chaps. 6 and 7). I shall begin by addressing Christiano’s view on the basis of equality, and then shall focus mainly on the central argument for public equality, democracy and its.. (shrink)

Fifty years ago this year a legal practitioner turned military intelligencer turned philosopher, Herbert Hart, published The Concept of Law, still deservedly best-seller in thought about law. It presents law, especially common law and constitutionally ordered systems such as ours, as a social reality which results from the sharing of ideas and making of decisions that, for good or evil, establish rules of law which are what they are, whether just or unjust. But right at its centre is a chapter (...) on justice, informed by Hart’s professional knowledge of Plato and Aristotle and the tradition of civilized thought about justice, thought which he sums up like this: “the general principle latent in [the] diverse applications of the idea of justice is that individuals are entitled in respect of each other to a certain relative position of equality or inequality.” “Hence”, he goes on, “[the] leading precept [of justice] is often formulated as ‘Treat like cases alike’; though we need to add … ‘and treat different cases differently’”. This article will say something about three aspects of this vast topic: (i) about the factual basis and normative grounds of equality; (ii) about the proposed principle of equal concern; and (iii) about laws and social policies that pursue equality by selective prohibition of direct and indirect discrimination, and of harassment or vilification, victimisation and offence. (shrink)

In this article I critically examine a standard feature in conceptions of discrimination: the group-criterion, specifically the idea that there is a limited and definablegroup of traits that can form the basis of discrimination. I review two types of argument for the criterion. One focuses on inherently relevant groups and relies ultimately on luck-egalitarian principles; the other focuses on contextually relevant groups and relies ultimately on the badness of outcomes. I conclude that as neither type of argument is convincing, (...) the criterion is morally arbitrary, and as such untenable. Finally, I suggest both some of the conceptual and some of the practical implications of abandoning the criterion. (shrink)

Many people believe that the wrongness of killing a person does not depend on factors like her age, condition, or how much she has to lose by dying – a view Jeff McMahan calls the ‘Equal Wrongness Thesis’. This article argues that we should reject the Equal Wrongness Thesis on the basis of the moral equivalence between killing a person and knocking her unconscious.

Although existing work draws attention to a range of obstacles in realizing fair AI, the field lacks an account that emphasizes how these worries hang together in a systematic way. Furthermore, a review of the fair AI and philosophical literature demonstrates the unsuitability of ‘treat like cases alike’ and other intuitive notions as conceptions of fairness. That review then generates three desiderata for a replacement conception of fairness valuable to AI research: (1) It must provide a meta-theory for understanding tradeoffs, (...) entailing that it must be flexible enough to capture diverse species of objection to decisions. (2) It must not appeal to an impartial perspective (neutral data, objective data, or final arbiter.) (3) It must foreground the way in which judgments of fairness are sensitive to context, i.e., to historical and institutional states of affairs. We argue that a conception of fairness as appropriate concession in the historical iteration of institutional decisions meets these three desiderata. On the basis of this definition, we organize the insights of commentators into a process-structure map of the ethical territory that we hope will bring clarity to computer scientists and ethicists analyzing Fair AI while clearing some ground for further technical and philosophical work. (shrink)

Deliberative politics should start from an adequate and differentiated image of our dialogical practices and their normative structures; the ideals that we eventually propose for deliberative politics should be tested against this background. In this article I will argue that equal respect, understood as respect a priori conferred on persons, is not and should not be counted as a constitutive normative ground of public discourse. Furthermore, requiring such respect, even if it might facilitate dialogue, could have negative effects and lead (...) to fallacious paths of thought –as seems to happen on matters of deep disagreement such as the Colorado Fundamentalist/Gay HIV issue I discuss in paragraph 6. I will put forward this argument from the standpoint of argumentation or discourse theory, drawing consequences for dialogical theories of politics. Basing my argument on a pluralistic notion of public discourse – understood as a mixed discourse of persuasion, information-seeking and negotiation – I will argue that respect is a dynamic, situational phenomenon, and that the norm of equal respect for persons is contextually contingent in political deliberation: equal respect should be considered as a potential outcome, a discursive achievement – which I understand as a second order consensus achieved dynamically on a provisional basis – rather than as an universal condition for dialogue. (shrink)

All humans have an equal basic moral status. They possess the same fundamental rights, and the comparable interests of each person should count the same in calculations that determine social policy. Neither supposed racial differences, nor skin color, sex, sexual orientation, ethnicity, intelligence, nor any other differences among humans negate their fundamental equal worth and dignity. These platitudes are virtually universally affirmed. A white supremacist racist or an admirer of Adolf Hitler who denies them is rightly regarded as beyond the (...) pale of civilized dialogue. However, a very simple line of argument developed by Peter Singer challenges our understanding of these platitudes and forces us to rethink the basis and nature of the moral equality of all humans. What I call the “Singer Problem” arises if one accepts that the morally significant cognitive capacities that are relevant to the determination of the fundamental moral status of a being vary from individual to individual by degree. The problem is to specify a moral principle determining fundamental moral status that assigns a superior status to humans compared to other animals on the basis of the superior cognitive capacities of humans but also assigns all human persons an equal fundamental moral status regardless of their differing cognitive capacities. More broadly posed, the problem is to specify moral principles that yield intuitively satisfactory implications for the treatment of human individuals and other individual animals given that cognitive capacities differ across species and individuals. A search for a resolution of the Singer problem leads to disappointing results. (shrink)

In this paper I argue that equal respect-based accounts of the normative basis of tolerance are self-defeating, insofar as they are unable to specify the limits of tolerance in a way that is consistent with their own commitment to the equal treatment of all conceptions of the good. I show how this argument is a variant of the long-standing ‘conflict of freedoms’ objection to Kantian-inspired, freedom-based accounts of the justification of systems of norms. I criticize Thomas Scanlon’s defence of (...) ‘pure tolerance’, Anna Elisabetta Galeotti’s work on the relationship between tolerance, equal respect and recognition, and Arthur Ripstein’s recent response to the ‘conflict of freedoms’ objection. The upshot of my argument is that, while valuing tolerance for its own sake may be an appealing ideal, it is not a feasible way of grounding a system of norms. I close with a thumbnail sketch of two alternative, instrumental (i.e. non-Kantian) approaches to the normative foundations of tolerance. (shrink)

This paper challenges Williamson's "E = K" thesis on the basis of evidential practice. The main point is that most evidence is only approximately true and so cannot be known if knowledge is factive.

Before, during, and after the global financial crisis of 2008, executive pay practices were widely debated and criticized. Economists, philosophers, as well as the man on the street all seem to have strong feelings towards how much, in what ways, and on what grounds executives are paid. This thesis asks whether it is possible to morally justify current executive pay practices and, if so, on what grounds they are justified. It questions those who find no quarrel with pay practices due (...) to their minimally moralized view of the market and – perhaps more importantly – it asks for a sophisticated critique from those who criticize current pay practices. The discussion on just pay is clearly one of distributive justice. One reason for why some people consider CEO pay practices to be (fairly) unproblematic while others find them objectionable stems from the availability of different understandings of, and principles for, just pay. We tend to associate justice in pay with such things as proper incentivization, being the outcome of a fair procedure, being deserved on the basis of effort or contribution, and/or satisfying the ideal of equality. Parts of this thesis are devoted to these different understandings and what they entail for the moral justification of CEO pay. Another reason for the conflicting views on CEO pay stems from how issues of justice go beyond the confines of economics and applied ethics, extending all the way into the domain of political philosophy. Parts of this thesis explore this connection, in particular how the concept of economic desert relates to the broader concept of moral desert. Lastly, I discuss the criticism that the superrich (including executives) are being paid too much and are in possession of too much wealth. The issue at hand here is how to morally justify the interventions that seem suitable to rectify the situation. (shrink)

The Market Failures Approach (MFA) is one of the leading theories in contemporary business ethics. It generates a list of ethical obligations for the managers of private firms that states that they should not create or exploit market failures because doing so reduces the efficiency of the economy. Recently the MFA has been criticised by Abraham Singer on the basis that it unjustifiably does not assign private managers obligations based on egalitarian values. Singer proposes an extension to the MFA, (...) the Justice Failures Approach (JFA), in which managers have duties to alleviate political, social, and distributive inequalities in addition to having obligations to not exploit market failures. In this paper I describe the MFA and JFA and situate them relative to each other. I then highlight a threefold distinction between different types of obligations that can be given to private managers in order to argue that a hybrid theory of business ethics, which I call the MFA +, can be generated by arguing that managers have obligations based on efficiency and duties based on equality to the extent that these latter obligations do not lead to efficiency losses. This argument suggests a novel theoretical option in business ethics, elucidates the issues that are at stake between the MFA and the JFA, and clarifies the costs and benefits of each theory. (shrink)

This paper offers a critical assessment of the current state of the debate about the identity and individuality of material objects. Its main aim, in particular, is to show that, in a sense to be carefully specified, the opposition between the Leibnizian ‘reductionist’ tradition, based on discernibility, and the sort of ‘primitivism’ that denies that facts of identity and individuality must be analysable has become outdated. In particular, it is argued that—contrary to a widespread consensus—‘naturalised’ metaphysics supports both the acceptability (...) of non-qualitatively grounded (both ‘contextual’ and intrinsic) identity and a pluralistic approach to individuality and individuation. A case study is offered that focuses on non-relativistic quantum mechanics, in the context of which primitivism about identity and individuality, rather than being regarded as unscientific, is on the contrary suggested to be preferable to the complicated forms of reductionism that have recently been proposed. More generally, by assuming a plausible form of anti-reductionism about scientific theories and domains, it is claimed that science can be regarded as compatible with, or even as suggesting, the existence of a series of equally plausible grades of individuality. The kind of individuality that prevails in a certain context and at a given level can be ascertained only on the basis of the specific scientific theory at hand. (shrink)

A violation of procedure invariance in preference measurement is that the predominant or prominent attribute looms larger in choice than in a matching task. In Experiment 1, this so-called prominence effect was demonstrated for choices between pairs of options, choices to accept single options, and preference ratings of single options. That is, in all these response modes the prominent attribute loomed larger than in matching. The results were replicated in Experiment 2, in which subjects chose between or rated their preference (...) for pairs of options which were matched to be equally attractive either in the same session or 1 week earlier. On the basis of these and previous results, it is argued that the prominence effect is a reliable phenomenon. However, none of several cognitive explanations which have been offered appears to be completely viable. (shrink)

Kant infamously opposes not only revolution but also any resistance or disobedience by citizens that aims to compel states to reform themselves. This paper argues that, in fact, the Kantian account of the legitimate state has the resources for a distinctive justification of principled disobedience, including even violent or destructive resistance, that applies to citizens of contemporary Western democracies. When a state fails to enforce the law equally, this lack of equal enforcement can deprive some citizens of the equal assurance (...) of the security of their rights that, on the Kantian account, forms part of the very basis of the state’s claim of legitimate authority. This failure of equal enforcement of the law will thus be a defect of legitimacy and, as a result, those citizens may engage not only in civil disobedience but also in uncivil disobedience, even violent or destructive resistance, in order to compel the state to reform itself. In this context, such disobedience or resistance will count as furthering rather than undermining the project of governance by legitimate law. (shrink)

In this chapter, I argue for the thesis that phenomenal consciousness is the basis of epistemic justification. More precisely, I argue for the thesis of phenomenal mentalism, according to which epistemic facts about which doxastic attitudes one has justification to hold are determined by non-epistemic facts about one’s phenomenally individuated mental states. I begin by providing intuitive motivations for phenomenal mentalism and then proceed to sketch a more theoretical line of argument according to which phenomenal mentalism provides the best (...) explanation of the independently motivated thesis of access internalism. The result is a theory of epistemic justification that brings intuition and theory into reflective equilibrium. (shrink)

Operations research science is defined as the science that is concerned with applying scientific methods to complex problems in managing and directing large systems of people, including resources and tools in various fields, private and governmental work, peace and war, politics, administration, economics, planning and implementation in various domains. It uses scientific methods that take the language of mathematics as a basis for it and uses computer, without which it would not have been possible to achieve numerical solutions to (...) the raised problems, those that need correct solutions, when the solutions abound and the options are multiple, so we need a decision based on correct scientific foundations and takes into account all the circumstances and changes that you can encounter the decision-maker during the course of work, and nothing is left to chance or luck, but rather everything that enters into the account and plays its role in decision-making, and we get that when we use the concepts of neutrosophic science to reformulate what the science of operations research presented in terms of methods and methods to solve many practical problems, so we will present in this research a study aimed at shedding light on the most important methods used to solve nonlinear models, which is the Lagrangian multiplier method for nonlinear models constrained by equality and then reformulated using the concepts of neutrosophic science. (shrink)

The algebra of transactions as fundamental measurements is constructed on the basis of the analysis of their properties and represents an expansion of the Boolean algebra. The notion of the generalized economic measurements of the economic “quantity” and “quality” of objects of transactions is introduced. It has been shown that the vector space of economic states constructed on the basis of these measurements is relativistic. The laws of kinematics of economic objects in this space have been analyzed and (...) the stages of constructing the dynamics have been formulated. In particular, the “principle of maximum benefit”, which represents an economic analog of the principle of least action in the classical mechanics, and the principle of relativity as the principle of equality of all possible consumer preferences have been formulated. The notion of economic interval between two economic objects invariant to the selection of the vector of consumer preferences has been introduced. Methods of experimental verification of the principle of relativity in the space of economic states have been proposed. (shrink)

Abstract: In Vacco v. Quill, 521 U.S. 793 (1997), the Supreme Court for the first time in American case law explicitly applied the principle of double effect to reject an equal protection claim to physician-assisted suicide. Double effect, traced historically to Thomas Aquinas, proposes that under certain circumstances it is permissible unintentionally to cause foreseen evil effects that would not be permissible to cause intentionally. The court rejected the constitutional claim on the basis of a distinction marked out by (...) the principle, i.e., between directly intending the death of a terminally ill patient as opposed to merely foreseeing that death as a consequence of medical treatment. The Court held that the distinction comports with fundamental legal principles of causation and intent. Id. at 802. -/- Critics allege that the principle itself is intrinsically flawed and that, in any event, its employment in Vacco is without legal precedent. I argue in response to contemporary objections that double effect is a valid principle of ethical reflection (Part II); claims to the contrary notwithstanding, double effect analysis is a pervasive, albeit generally unacknowledged principle employed regularly in American case law (Part III); and drawing on the preceding two sections, Vacco's application of the principle of double effect is appropriate (Part IV). -/- My conclusion is that [o]peration of some form of the principle, by whatever name, is inevitable. In an imperfect world where duties and interests collide, the possibility of choices of action foreseen to have both good and evil consequences cannot be avoided. In rare circumstances, ethics and the law require that a person refrain from acting altogether. More often, however, they provide that a determination of whether an actor may pursue a good effect although knowing it will or may unintentionally cause an harmful effect requires a more complex analysis - a double effect analysis. -/- Keywords: Equal protection, double effect, intention, physician-assisted suicide, Constitutional Law, Bioethics. (shrink)

This chapter discusses a form of pedagogy of reflection suggested to be defined as the dialogical-reflective professional-development school (DRPDS)
a framework that develops and empowers students by engaging them in a process of continual improvement, responding to diverse situations, providing stimuli for learning, and giving anchors for mediation. The pedagogy of reflection relates to dialogue not only from a theoretical historical context but also by way of example
that is, it offers empowering dialogues within the traditional teacher-training framework. (...) This chapter outlines the importance of the pedagogy of reflection in the multicultural educational space of the preservice education field in Israel, analyzing the first university PDS model. The pedagogy of reflection in the context of the educational dialogue of educators is outlined as a tool for student empowerment, achieved through a community of learners who dedicate space to the development of their whole personality within the profession, taking a moral stance toward the educational discourse, minimizing judgmentalism and prejudice, creating national/gender equality with the goal of examining the fundamental question of educational performance, and reinforcing their sense of organizational belonging within the system. In these contexts, the chapter is based on the elements of dialogical philosophy exemplified in the thought of Burbules, Nelson, Isaacs, Bohm, and Heckmann and the reflective basis of educational and organizational performance exemplified in the writings of van Manen. The chapter also presents two examples from a project in which teaching units based on dialogue and reflection were developed within a dialogic community that represents in its very being collective empowerment, the possibility of coping with problems that are too large for an individual to solve on his/her own, and an alternative to sealed and alienated organizations. (shrink)

Substantially increased wealth inequality across the developed world has prompted many philosophers, economists and legal theorists to support comprehensive taxes on all forms of wealth. Proposals include levying taxes on the basis of total wealth, or alternatively the change in the value of capital holdings measured from year-to-year. This contrasts with most existing policies that tax capital assets at the point they are transferred from one beneficiary to another through sale or gifts. Are these tax reforms likely to meet (...) their aims of greater economic and political equality? We argue that these policies are likely to fail because, following neoclassical economic theory, they are based on a conception of capital as possessing given values in what amounts to a static equilibrium. This mischaracterizes the dynamic and subjective character of market economies and the contested value of real instantiations of capital goods. This makes them very difficult, often impossible, to value apart from at the point of voluntary transfer or profit realization. This means most taxes levied on a mark-to-market basis will be arbitrary and unfair. We propose alternative policies based on an income realization approach to taxation that are more likely to curb excessive wealth holdings. This includes introducing international treaties that prohibit preferential tax treatment for individual companies and specific sectors, and broadening the income tax base to include the imputed rent of personal housing wealth. (shrink)

Lewis Carroll, both logician and writer, suggested a logical paradox containing furthermore two connotations (connotations or metaphors are inherent in literature rather than in mathematics or logics). The paradox itself refers to implication demonstrating that an intermediate implication can be always inserted in an implication therefore postponing its ultimate conclusion for the next step and those insertions can be iteratively and indefinitely added ad lib, as if ad infinitum. Both connotations clear up links due to the shared formal structure with (...) other well-known mathematical observations: (1) the paradox of Achilles and the Turtle; (2) the transitivity of the relation of equality. Analogically to (1), one can juxtapose the paradox of the Liar (for Lewis Carroll’s paradox) and that of the arrow (for “Achilles and the Turtle”), i.e. a logical paradox, on the one hand, and an aporia of motion, on the other hand, suggesting a shared formal structure of both, which can be called “ontological”, on which basis “motion” studied by physics and “conclusion” studied by logic can be unified being able to bridge logic and physics philosophically in a Hegelian manner: even more, the bridge can be continued to mathematics in virtue of (2), which forces the equality (for its property of transitivity) of any two quantities to be postponed analogically ad lib and ad infinitum. The paper shows that Hilbert arithmetic underlies naturally Lewis Carroll’s paradox admitting at least three interpretations linked to each other by it: mathematical, physical and logical. Thus, it can be considered as both generalization and solution of his paradox therefore naturally unifying the completeness of quantum mechanics (i.e. the absence of hidden variables) and eventual completeness of mathematics as the same and isomorphic to the completeness of propositional logic in relation to set theory as a first-order logic (in the sense of Gödel (1930)’s completeness theorems). (shrink)

The influential physicist Richard Feynman became interested in the relationship between religion and science during a mid-career phase. He proposed that their interface was embroiled in unresolvable difficulties. He felt that science demanded an attitude of uncertainty for its claims, while religion contrarily required certain belief in its core doctrines. Though possessing several non-contradictory dimensions, Feynman felt that the nature of the truth claims of science and religion suffered from insurmountable elemental conflicts. This was by contrast to Karl Popper, the (...) leading critical rationalist of the 20th century, who argued that there could be no tension between science and religion. This paper will argue that the ‘Feynman Problem’ is not as insoluble as it appears. Rather, several solutions exist within critical rationalism. Two will be presented-the first revolves around the conjectural basis of knowledge and is already a well characterised critical rationalist notion. The second is a novel solution based on the separate categorisation of psychological, pragmatic, and epistemological attitudes to religion and science. Karl Popper’s view of religion-science dissimilarity was a minimalist point of departure for critical rationalists, who have developed increasingly sophisticated frameworks for investigating the relationship between faith and reason. Critical rationalism represents an equally inspirational methodology for the pursuit of scientific and religious truth. Though both Feynman and Popper’s views on religion were underdeveloped, they foreshadowed the religion-science frameworks advocated by many late 20th century scientists, especially in the form of New Atheism and Gould’s NOMA theory. (shrink)

It has been largely assumed from the start that truth, the first premise of the Tripartite theory of Knowledge, is necessary for a mental state of knowing. And this has intuitively made sense. Examples that demonstrate the logic of this premise are wide-spread and easily found. Yet, if one tries to establish the necessity of this condition for oneself, one may discover, a logical flaw in this premise. In theory truth is necessary, however, in practice it is not truth that (...) establishes knowledge. -/- We obtain knowledge using our perception or five senses. We accept the subjectivity of perspective, even though truth may or may not be established. We reject knowledge only when evidence of falsehood is obtained, if ever. -/- In practice, in the obtaining of knowledge of the conditional, those things we experience that could have been otherwise, truth is not established. The fundamental application of how we attain knowledge is in witnessing with our perception, our five senses, evidence for our conclusion. However, evidence provides support for our conclusion, by way of justification, but does not by itself provide truth. And therefore, it is not truth that is necessary for knowledge. It is the lack of evidence of falsehood in our conclusion that is the basis of our knowledge. And a lack of evidence of falsehood, is not the equal of truth. -/- The following thought experiment will demonstrate this flaw between theory and practice. (shrink)

This article focuses on the challenge of determining the relative weight of domestic and global justice demands. This problem concerns a variety of views that differ on the metric, function, scope, grounds and fundamental interpretation of justice norms. I argue that domestic and global economic justice are irreducibly interdependent. In order to address their exact relation, I discuss and compare three theoretical models: (i) the bottom-up-approach, which prioritizes domestic justice; (ii) the top-down-approach, which prioritizes global justice; and (iii) the horizontal (...) framework, according to which both domestic and global principles pose equally stringent demands that are to be implemented horizontally, without attributing a simple priority to one over the other. I argue that the third model represents the best overall framework, although more complex normative criteria need to be elaborated on the basis of this approach, affecting issues such as justice in climate change mitigation and adaption, development cooperation, trade, finance, taxation and immigration. (shrink)

In this essay, I challenge Charles Mills’s use of the category of moral personhood for advancing a robust anti-racist political critique in nonideal circumstances. I argue that the idea of the moral equality of persons is necessary but insufficient for reparative justice. I enrich the normative basis of political critique to include: (1) a clarification of what the public recognition of moral personhood can legitimately entail as a requirement of justice enforceable by the state, especially with respect to (...) economic reforms that advance equal opportunity and (2) a conception of non-alienated labor that assails identity-based occupational segregation in the labor market. These additional components do not exhaust the plausible bases for political critique, but enrich it in a way that the idea of moral equality alone cannot. (shrink)

This article focuses on the challenge of determining the relative weight of domestic and global justice demands. This problem concerns a variety of views that differ on the metric, function, scope, grounds and fundamental interpretation of justice norms. I argue that domestic and global economic justice are irreducibly interdependent. In order to address their exact relation, I discuss and compare three theoretical models: (i) the bottom-up-approach, which prioritizes domestic justice; (ii) the top-down-approach, which prioritizes global justice; and (iii) the horizontal (...) framework, according to which both domestic and global principles pose equally stringent demands that are to be implemented horizontally, without attributing a simple priority to one over the other. I argue that the third model represents the best overall framework, although more complex normative criteria need to be elaborated on the basis of this approach, affecting issues such as justice in climate change mitigation and adaption, development cooperation, trade, finance, taxation and immigration. (shrink)

. The author has compared the world-view attitudes of oligarchy and capitalism on the basis of analysis of Ludwig von Mises’ writings. The results of such comparison allow us to maintain that there is neither market economy nor competition, and so nor capitalism in Ukraine. The world-view basis of capitalism is the philosophy of liberalism, which has such principles as equality, freedom, inviolability of private property, cooperation in favor of profits of the whole society. On the contrary, (...) oligarchy based on the strong desire of infinitive enrichment and exploitation hasn’t any philosophical basis. (shrink)

The purpose of the work is to form the net structure of management of the system of administrative services provision on the basis of implementation of subject-to-subject interactions between state sector and civil society. Methodology. The methodology basis for the investigation is the abstract-logical analysis of theoretical and methodological backgrounds for management of relations and interactions. For the theoretical generalization and formation of net structure, there are used scientific recommendations of Ukrainian scientists regarding the necessity to implement subject-to-subject (...) relations in the system of administrative services provision. Results. The investigations allowed confirming that the hierarchical structure of the state governance system does not give an opportunity to implement equal interaction between a subject of provision and a subject of an appeal as these relations have one – way communication and the feedback channel has a formal character. Moreover, the civil society is not considered by state sector to be a source of methods and ways to develop the system of state governance, in particular, the management system of administrative services provision. Practical meaning. The net structure of management will allow implementing the subject-subject relations in the system, under which the actions of the subject of provision – that means state sector – will be directed to the realization of rights and interests of the subjects of appeal. In their turn, apart from the performance of all legislative responsibilities that they should perform, they can carry out activities directed to the development of management activity in the system of administrative services provision and the whole system of state governance as an integral system of management. Meaning/Distinction. The provided model of the net structure will allow involving citizens in the processes of state governance and increasing the impact of the civil sector during the making of state and management decisions and, as a result, to confirm subject-to-subject positions in the relations. (shrink)

Suppose you and I are equally well informed on some factual issue and equally competent in forming beliefs on the basis of the information we possess. Having evaluated this information, each of us independently forms a belief on the issue. However, since neither of us is infallible, we may end up with contrary beliefs. How should I react if I discover that we disagree in this way? According to conciliatory views in the epistemology of disagreement, I should modify my (...) original opinion by moving closer to your opinion. According to steadfast views, I should not.In the past decade or so, this issue has been addressed in hundreds of journal articles and a number of edited collections. The literature... (shrink)

"Our literature is replete with complaints about the chaotic state of the systematics of psychoses and every psychiatrist knows that it is impossible to come to any common understanding on the basis of the old diagnostic labels. ... Thus, not even the masters of science can make themselves understood on the basis of the old concepts and with many patients the number of diagnoses made equals the number of institutions they have been too. ... Errors are the greatest (...) obstacles to the progress of science; to correct such errors is of more practical value than to achieve new knowledge. We have here eliminated chaos of terms behind which useful concepts of disease were mistakenly sought; we have eliminated a veritable forest of boundary posts, not one of which indicated any natural line of demarcation. ... By the term „dementia praecox“ or „schizophrenia“ we designate a group of psychoses whose course is at times chronic, at times marked by intermittent attacks, and which can stop or retrograde at any stage, but does not permit a full restitutio ad integrum. The disease is characterized by a specific type of alteration of thinking, feeling, and relation to the external world which appears nowhere else in this particular fashion." Eugen Bleuler. Dementia Praecox or the Group of Schizophrenias. Translated by Joseph Zinkin. International Universities Press, New York, 1950. (shrink)

Distribution of responsibility is one of the main focus areas in discussions about climate change ethics. Most of these discussions deal with the distribution of responsibility for climate change mitigation at the international level. The aim of this paper is to investigate if and how these principles can be used to inform the search for a fair distribution of responsibility for climate change adaptation on the local level. We found that the most influential distribution principles on the international level were (...) in turn built on one or more of seven basic principles: (P1) equal shares, (P2) desert, (P3) beneficiary pays, (P4) ability, (P5) self-help, (P6) limited responsibility for the worst off, and (P7) status quo preservation. It was found that all the basic principles, but P1, P3, and P7, are to some extent translatable to local climate adaptation. Two major problems hamper their usefulness on the local level: (1) several categories of agents need to take on responsibility; and (2) emissions do not work as a base for all principles. P4, P5, and P6 are applicable to local adaptation without changes. P4 is of particular importance as it seems to solve the first problem. P2 is applicable only if the second problem is solved, which can be achieved by using risk of harm instead of emissions as the basis for desert. (shrink)

At the very beginning of On Interpretation (I, 1, 16a3-14) Aristotle distinguishes four levels and discusses their relationships. From this text, we can infer the following: 1. There are four levels: writing, speaking, mental experience and external world. Since writing and speaking can truly be taken as belonging to the same realm, we can reduce Aristotle’s distinction to three realms: language, thought and external world. 2. The realm of language, in both levels of writing and speaking, is different for different (...) people but both of the other realms of thought and external world are the same for them. By this Aristotle must mean that though people of different languages have different writings and speaking words, the things that are in the world and their affections on people’s thought are the same. 3. The relations both between language and thought and in language itself is symbolization: ‘Spoken words are the symbols of mental experience and written words are the symbols of spoken words.’ 4. The relation between external world and thought is similarity: ‘Those things of which our mental experiences are similarities (παθἠματα τῆς ψυχῆς ... ὁμοιώματα).’ (ΟΙ., 16a7) In de Anima (16a8-9; II, 5, 418a4-5; II, 4, 429a10-11; 429a13-16; 429a23) Aristotle describes thoughts as ‘likenesses of objects.’ Paolo Crivelli says that in these addresses Aristotle believe that ‘a thought is of an object just if it is a likeness of it’ and ‘to be a likeness of an object is to be the result of a process of likening of which that object is a cause.’ This, Crivelli believes, is indeed the basis of the sameness of the objects of thoughts: they are results of the same processes of likening by the same objects. 5. There is a correspondence between nouns and verbs on the one hand and objects of thought without co-positing and positing away on the other hand: ‘Nouns themselves and verbs are like objects of thought (νοἠματι) without co-positing and positing away.’ (OI, I, 1, 16a13-14) A. Relationship between external world and thought The following can be inferred from Aristotle’s works about the relationship between thought and external world: 1. ‘The soul is in a way all existing things; for existing things are either sensible or thinkable, and knowledge is in a way what is knowable, and sensation is in a way what is sensible.’ (So., Γ, 8, 431b21-23) In fact, ‘within the soul the faculties of knowledge and sensation are potentially these objects, the one what is knowable, the other what is sensible.’ (So., Γ, 8, 431b26-27) 2. It is the form of the external objects that are in thought (So., Γ, 8, 431b26-29) and the objects of thought are in the sensible forms, viz. both the abstract objects and all the states and affections of sensible things (ἐν τοῖς εἴδεσι τοῖς αἰσθητοῖς τὰ νοητὰ ἐστι, τά τε ἐν ἀφαιρέσει λεγόμενα, καὶ ὃσα τῶν αἰσθητῶν ἓξις καὶ πάθη). (So., Γ, 8, 432a3-6) 3. While external objects are perishable, objects of thought seem to be eternal. (PrA., A, 33, 47b21-22) B. Relationship between language and the external world 1. There is a correspondence between the external world and the true statements about them: ‘If it is true to say that a thing is white, it must necessarily be white; if the reverse proposition is true, it will of necessity not be white.’ (OI, I, 9, 18a39-b5) 2. While external objects ‘does seem in some way the cause of’ the truth or falsity of lingual statements, ‘the true statement is in no way the cause of the actual thing’s existence.’ (Cat., 12, 14b18-22; cf. OI, I, 9, 18b36-19a6) Thus, the external objects reciprocate as to implication of existence with the corresponding true statement about them and thus are prior to them.’ (Cat., 12, 14b11-23) 3. The opposition between an affirmation and negation corresponds to an opposition in the external world between the objects underlying those statements. (Cat., 10, 12b6-15) 4. The correspondence of the whole structure of the external world and language for Aristotle is so that in analyzing the language he shows himself as analyzing the external world. It is in fact a very crucial and controversial dispute whether Aristotle’s philosophy in its very decisive parts is theorizing about language or about external world. In most of his important theories, he begins with discussing language. In fact, language is where he enters the discussion and, in many cases, where he finishes it. In these cases, he either does not discuss external world at all or only derives some principles or conclusions about it. In some other cases he begins from language but ends in external world. a) Daniel W. Graham thinks that language is Aristotle’s ‘model of the world.’ He refers to ‘subjecthood’ as what formally characterizes primary substance and explains how it bases reality in Aristotle: while to be an absolute subject is equal to be fully real, to be a predicate of a subject is equal to be real. ‘Language is not merely a tool to get around in the world; it reveals the structure of the world … the deep structure of language is isomorphic with the world… In this word, logic can reveal connections between elements because language and the world have a form in common. He lists Trendelenburg (1846, 11-13), Gillespie (1925) and (Ackrill (1963, 78-81) as those who have the same idea. b) Emphasizing on the force of τί in Aristotle’s statement when he says that assertions affirm something (τί) of something (τί) makes Peter Simpson (p. 85) to stress, in his interpretation of Jacob’s theory, on the ontological aspect of Aristotle’s philosophy. Jacob says that in his theory of predication, Aristotle focuses on ‘things’ and not words or concepts and predication is a relationship between extralinguistic entities rather than merely linguistic ones; something extralinguistic and ontological. c) Quoting Ackrill ((1963, 73): ‘the categories classify things, not words’) and Kahn ((1978, 248): ‘Aristotle never regards predication as a grammatical or linguistic relation of word to word, nor does he ever speak of subject and predicate as concepts united in judgment’), Fabio Morales says that Aristotle is not classifying predication in Categories but the attributes or properties these stand for.’ d) Graham thinks that the theory of synonymity-homonimity is not purely linguistic, since it is things rather than words that have these properties. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:“An Equivocal Couple Overwhelmed by Life”A Phenomenological Analysis of PregnancySara HeinämaaTwo conceptions of human generativity prevail in contemporary feminist philosophy. First, several contributors argue that the experience of pregnancy, when analyzed by phenomenological tools, undermines several distinctions that are central to Western philosophy, most importantly the subject-object distinction and the self-other and own-alien distinctions. This line of argument was already outlined by Iris Marion Young in her influential essay (...) “Pregnant Embodiment: Subjectivity and Alienation” (1984). The other dominant argument is related to the first one, and it states that organic birth is the event that establishes the first experiential separation between the self and the other. On this understanding, the mother-fetus relation would not involve any relations between two corporeal selves; all such relations would be postnatal. This notion has been defended, for example, by Christine Schües (1997; 2000) and Johanna Oksala (2003).1On the other hand, classical phenomenology is dominated by the idea that the rigorous first-person methodology that is essential to phenomenology dictates that the sense of birth must be studied primarily by reflection on the structures of our own recollection or memory. Consequently, the primary sense of human birth would be that of an unattainable limit. This is argued on the basis of the existential fact that we all are born but cannot recall our own birth, or else on the basis of the transcendental fact that the structure [End Page 31] of retention ties each living present to an earlier one and implies that the transcendental ego cannot be subject to generation.2 From this perspective, all analyses and reflections of the experiences of labor, gestation, and pregnancy would be secondary since the sense of birth that these experiences involve is the nativity of another human being and not the nativity of the reflecting self.This paper challenges both the feminist and the classical phenomenological approach. I maintain that careful phenomenological analyses of the experience of pregnancy undermine both notions. Such analyses show, on the one hand, that pregnancy does not imply a nondistinction or self-other fusion but on the contrary involves a specific self-other divide. At the same time, they demonstrate that the sense of birth is more complex than the classical recollection-paradigm suggests and that it includes more components than the signification of an unattainable limit. A proper phenomenology of birth must take into account not only the universal fact that we all are born, but also the equally universal fact that each of us is born from another human being, that is, some other human subject.3 This other human being who “gave” us birth or “from whose flesh we were born” provides us with a unique perspective on our own past, beyond the limits of our own recollection. Her perspective is incomparable to any other external perspective; rather than simply giving us an additional third-person viewpoint on our own organic birth, this one person is able to open a second-person perspective on our pre- and postnatal life and the transition between them—all of which is beyond our own recollection.My argument proceeds by the following steps:First, I develop a fresh discourse on the experience of pregnancy, by studying a set of remarks to be found in Julia Kristeva’s postphenomenological discourse on maternity, on the one hand, and in Simone de Beauvoir’s existential-phenomenological discourse on feminine embodiment, on the other hand. I use these remarks as leading clues for a novel phenomenological study of the experience of pregnancy.4 Contra Young’s influential account mentioned above, I argue that gestation, as experienced by women who live it in the first person, includes a separation between two sensory-motor beings in a nesting relation: the pregnant self and the embryonic other. The alternative account that I provide hinges on my analysis of the experience of fetal movements and the role of touch-sensations and kinesthetic sensations in such experiences. Ultimately, I argue that pregnancy does not erode the self-other boundary or the own-alien boundary but reestablishes both divisions.Second, I compare my account of the experience of pregnancy to Merleau... (shrink)

This paper is concerned with the issue of authenticity in Wittgenstein’s philosophy of psychology. In the manuscripts published as Letzte Schriften über die Philosophie der Psychologie – Das Innere und das Äußere, the German term Echtheit is mostly translated as ‘genuineness’. In these manuscripts, Wittgenstein frequently uses the term as referring to a feature of the expression of feeling and emotion: -/- […] I want to say that there is an original genuine expression of pain; that the expression of pain (...) therefore is not equally connected to the pain and to the pretence. (LW II, p. 55) -/- “This weeping gives the impression of being genuine” – so there is such a thing as genuine weeping. […]. (LW II, p. 87) -/- […] Genuineness and falseness are not the only essential characteristics of an expression of feeling. […]. (LW II, p. 90) -/- Wittgenstein contrasts the genuineness of the expressions with the possibility that the expressions are feigned. It seems to me that Wittgenstein is trying to discredit a specific version of the sceptical claim that we do not know other minds. I will refer to it as the sceptical innuendo. The sceptical innuendo says that every expression of feeling and emotion may be pretended. Wittgenstein’s approach to the issue reflects his later interest in the philosophy of psychology and, in particular, the problem of the ascription of psychological states (P-ascriptions) on the basis of someone else’s expression of feeling or emotion. Thus, the attempt to reject the sceptical innuendo is done mainly by means of conceptual and psychological arguments. Let’s look at this short dialogue between the sceptic and Wittgenstein. The former asks „How do you know that someone else is in a certain psychological state?“ Wittgenstein’s first reply is „I know that he is glad because I see him“. But the sceptic cannot be very happy with this reply. The sceptic’s next question is: „How do you know that he is really glad and he is not pretending?“ Wittgenstein’s response is not a direct refutation but is composed of a number of related reasons. These may be summed up in three arguments: -/- (i) A psychological argument from the very nature of the expressions. The expressions are meant to be natural symptoms of someone else’s psychological state (P-state). -/- (ii) A conceptual argument about the nature of pretence. It claims that pretence is a psychological property which is rightly ascribed when an observer has evidence for it. -/- (iii) A psychological argument from genuineness. It claims that we are committed to accept people’s expressions of feeling and emotion as genuine. (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)

Philosophers have offered several apparently powerful arguments against the permissibility of eating meat. However, the idea that it is okay to eat meat can seem like a bit of ethical common sense. This paper examines the attempt to adapt one of the most influential philosophical defenses of common sense –G. E. Moore’s case against the skeptic andthe idealist –in support of the omnivore. I first introduce and explain Moore’s argument against the skeptic. I then explain how that argument can be (...) adapted to address two influential philosophical arguments against the omnivore, due to Tom Regan and James Rachels. The adapted Moorean arguments appear strikingly similar to the original. However, I argue that we should not simply assume that all Moorean arguments are created equal. Instead, I propose a set of principled criteria that can be used to test Moorean arguments on a case-by-case basis. Those criteria give the Moorean reason for optimism against the skeptic, but suggest that the Moorean’s case is much weaker against the ethical vegetarian. I conclude that the Moorean omnivore’s argument has potentially uncomfortable implications for all sides in debates about ethical vegetarianism, and illuminates important and neglected questions about the force of philosophical arguments in applied ethics. (shrink)

The notion of equality between two observables will play many important roles in foundations of quantum theory. However, the standard probabilistic interpretation based on the conventional Born formula does not give the probability of equality between two arbitrary observables, since the Born formula gives the probability distribution only for a commuting family of observables. In this paper, quantum set theory developed by Takeuti and the present author is used to systematically extend the standard probabilistic interpretation of quantum theory (...) to define the probability of equality between two arbitrary observables in an arbitrary state. We apply this new interpretation to quantum measurement theory, and establish a logical basis for the difference between simultaneous measurability and simultaneous determinateness. (shrink)

Considering the existing definitions of violence one can point out a lack of terminological unity, which is associated with a lack of objective criteria. As a basis author uses own definition of violence as actions with property without the consent of the owner. Such a definition has an unambiguously defined criterion - the presence or absence of the owner's consent to actions with the object. On the basis of this definition, examples of existing violence from the side of (...) society towards its members are considered. These examples give an idea of what issues in social life are yet violent and how violence can be eliminated. Democracy, the main feature of which is the co-ownership of state property by citizens in equal shares, is considered as an institute that ensures overcoming violence in society. The necessary conditions for ensuring such co-ownership are given. As an example, a state structure is given that provides the necessary features of a democratic state, the main purpose of which is to protect citizens from any encroachment on their property, i.e. protection from violence. (shrink)

The democratic criteria for representation in the European Union are complex since its representation involves several delegation mechanisms and institutions. This paper develops institutional design principles for the representation of peoples and individuals and suggests reform options of the European Union on the basis of the theory of multilateral democracy. In particular, it addresses how the equality of individuals can be realised in EU representation while guaranteeing the mutual recognition of peoples. Unlike strict intergovernmental institutions, the EU requires (...) an additional and independent legislative chamber in which individuals are directly represented. However, strict equality of individuals cannot be the guiding principle for this chamber. In order to avoid the overruling of peoples through supranational majorities, it is necessary to bind the chamber's composition by a principle of degressive proportionality. The representation of peoples, on the other hand, needs to be connected to their domestic democratic institutions. (shrink)