When posing the political as first, we imply an order. Such civilisational choice distinguishes the political and installs the subject within a sovereignist hierarchy. It forbids the political to those who are constructed as "others" in time, in space or in culture etc. The production of knowledges and (cognitive) inequality are constructed together. Translation is a politics and a technique of resolving that inequality (though it can produce some too). We attribute "ourselves" the political and concede the "pre-political" or (...) the "non-political" to others. Translation, together with some other instruments should allow to target cognitive justice necessary to a future epistemological revolution. It has its politics. The author's idea is, then, to start from intersecting etymologies as well as from the "untranslatables" which, thanks to the context, never make the whole "un-expressible". She gives some examples from "Asian" and "European" philosophies. The difference between the latter is striking when it comes to the fact that "European" philosophies value the subject/agency, while the "Asian" ones do not value it and do not even construct it. (shrink)

At the present time there is a boom in the use of pharmacological cognitive enhancers (PCEs) particularly within an academic and labor context. Numerous objections to the use of this medicines arise in the context of Neuroethics, being one of the most important, the principle of justice. Among the most prevalent arguments put forward it is noted the disturbance of distributive justice and competitive fairness. -/- Succinctly it is established that hypothetical PCEs without adverse effects could promote (...) the social fragmentation by favoring economically dominant classes. However, it has been experimentally observed that PCEs present benefits ruled by the inverted U phenomenon, where cognitive benefits given by these medicines are not dose-dependent and have dependence on the baseline performance. Producing bigger benefits in individuals that initially had a worst performance. In this way the use of PCEs, assuming a context of open-access, could contribute to social equity and distributive justice. (shrink)

Worldviews are windows to the world. They can be static in referring to visual connotations as suggested by their name, but they can hold a dynamic and genetic view as well. As such, they imply a fundamental cognitive orientation, involving selection, interpretation and interaction with the world. What matters, in this view, is a kind of sense-making or semiotization of the world. -/- The semiotization of the “sonic world”, accordingly, can be approached from different epistemological positions: is music reducible (...) to symbolic labels that function as names, or is it only music when it sounds? And is music to be considered as an artifact that is out there or as something that must be listened to in order to make sense? Rather than joining these discussions, I propose to broaden the focus and to embrace psychological claims as well. Though psychology is not commonly considered as semiotics’ companion theory of truth, there are points of convergence with respect to the hierarchical arrangement of epistemic interactions with the sounds: there is a lower level processing of sensory input (sensation), a somewhat higher level (perception) which involves a first level of sense-making—mostly at a preverbal level—, and a higher level of sense-making which is commonly labeled as cognition. -/- In what follows I will argue for a cumulative model with lower levels not being substituted by higher ones, but with higher levels being superposed on them. Music, in fact, is a sounding art with the richness of it sonorous unfolding as one of its major characteristics. Music processing, therefore, should keep step with the music as it unfolds over time, in a dynamic tension that does justice to the level of sensation as well as to the listener’s continuous epistemic interactions with the sounds. (shrink)

In response to my argument against Aristotle’s claim that humans are more political than other animals, Edward Jacobs counters that the evidence I use from cognitive ethology and my application of evolutionary principles fail to demonstrate that other animals are as political as humans. Jacobs furthermore suggests that humans are more political than other animals by pointing to the political variation in human communities. In this article, I defend my use of evolutionary principles and my interpretation of anecdotes from (...) cognitive ethology, while challenging Jacobs’s assertion that human political variation implies that humans are more political than other animals. (shrink)

Autism is a psychopathological condition around which there is still much prejudice and stigma. The discrepancy between third-person and first-person accounts of autistic behavior creates a chasm between autistic and neurotypical (non-autistic) people. Epistemic injustice suffered by these individuals is great, and a fruitful strategy out of this predicament is much needed. I will propose that through the appropriation and implementation of methods and concepts from phenomenology and ecological-enactive cognitive science, we can acquire powerful tools to work towards greater (...) epistemic justice for autistic individuals. I will use the resources found in the skilled intentionality framework, integrated with various phenomenological theories. From these approaches, we can view autistic impairments and disability relationally and how epistemic enablement and disablement form. Phenomenology and its methods help us learn more about the perceptual and social experiences of autistic individuals. The voices of the autistics themselves will be of the greatest importance here. I will show that, through restructuring our landscape of affordances and with a greater phenomenological understanding of the autistic inner world, we can devise new strategies that afford greater epistemic enablement and epistemic justice. (shrink)

Distributive justice decision making tends to require a trade off between different valued outcomes. The present study tracked computer mouse cursor movements in a forced-choice paradigm to examine for tension between different parameters of distributive justice during the decision-making process. Participants chose between set meal distributions, to third parties, that maximised either equality (the evenness of the distribution) or efficiency (the total number of meals distributed). Across different formulations of these dilemmas, responding was consistent with the notion that (...) individuals tend to base decisions in part on the magnitude of these parameters. In addition, dilemmas associated with inconsistent responding across the sample tended to elicit the greatest spatial deviation of the cursor, potentially reflecting dilemma difficulty. One interpretation of these results is that individuals value equality and efficiency in such a way that moral dilemmas are resolved by comparing the perceived value of these qualitatively different parameters, consistent with a value pluralistic framework of decision making. A post-hoc analysis indicated that individuals also incorporated sufficiency concerns during distributive justice decision making. The results are discussed in relation to political philosophy. (shrink)

Recent literature on the relationship between knowledge and justice has tended to focus exclusively on the social and ethical dimensions of this relationship (e.g. social injustices related to knowledge and power, etc.). For the purposes of this article, I am interested in examining the virtue of justice and its effects on the cognitive faculties of its possessor (and, correspondingly, the effects of the vice of injustice). Drawing upon Thomas Aquinas’s account of the virtue of justice, I (...) argue that in certain cases justice can be a criterion of epistemic evaluation and that it deserves more attention than it has been given among virtue epistemologists. More precisely, the virtue of justice may become a criterion of epistemic evaluation in cases when a belief is formed on the basis of testimony. It would seem that there are cases when A’s assent to proposition p is something that is owed to B on the basis of B’s testimony; or there may be instances when A is culpable for declining to let B’s testimony have any effect on A’s belief. I briefly sketch four distinct scenarios in which this bears out. (shrink)

Many have argued we have a moral obligation to assist others in need, but given the scope of global suffering, how far does this obligation extend? According to one traditional philosophical view, the obligation to help others is limited by our ability to help them, or by the principle that “ought implies can”. This view is primarily defended on the grounds that it is a core principle of commonsense moral psychology. This paper reviews findings from experimental philosophy in cognitive (...) science demonstrating that “ought implies can” is rejected by moral psychology. Researchers find that moral obligations are ascribed to agents who cannot fulfill them, suggesting that moral requirements do sometimes extend beyond what we are able to do. This research furthers our understanding of moral obligation, identifies an important need for further cross-cultural work in moral psychology, and demonstrates a way in which scientific experimentation can be applied to improve upon the conceptual analysis of important philosophical concepts in normative ethics. (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)

Adults' judgments regarding punishment can have important social ramifications. However, the origins of these judgments remain unclear. Using the legal system as an example domain in which people receive punishment, the current work employed two complementary approaches to examine how punishment-related concepts emerge. Study 1 tested both 6- to 8-year-olds and adults to ascertain which components of “end-state” pun- ishment concepts emerge early in development and remain stable over time, and which components of pun- ishment concepts change with age. Children, (...) like adults, agreed with and spontaneously generated behavioral explanations for incarceration. However, children were more likely than adults to attribute incarceration to internal characteristics. Neither children nor adults reported that incarceration stems from societal-level factors such as poverty. Study 2 built on the results of Study 1 by probing the extent to which early punishment-related concepts in the legal domain emerge from a specific form of social experience—namely, parental incarceration. Children of incarcerated parents, like children whose parents were not incarcerated, were more likely to re- ference internal and behavioral factors than societal factors when discussing why people come into contact with the justice system. Taken together, these studies clarify how punishment-related concepts arise and therefore contribute to theories of moral psychology, social cognitive development, and criminal justice. (shrink)

ABSTRACTSilencing is a practice that disrupts linguistic and communicative acts, but its relationship to knowledge and justice is not fully understood. Prior models of epistemic injustice tend to c...

Consider the case wherein a person refuses to listen to a woman’s testimony of leadership, due to the belief that women are incompetent. This is testimonial injustice. It involves the hearer’s prejudicial belief over the speaker’s socially imagined identity. This injustice creates lasting kinds of harms to one’s epistemic self-respect and freedom, as the hearer gives a decreased credibility level to the speaker. In Epistemic Injustice: Power and the Ethics of Knowing, Miranda Fricker proposes the virtue of testimonial justice, (...) which aims to restrain identity prejudice from harming speakers. With this, the hearer reflexively identifies her prejudice and corrects or suspends it. In this essay, I argue that employing the cognitive attitude of suspension is counter-effective to the purpose of the virtue. I explain my argument through the following: 1) the relationship of inquiring attitudes (IAs) with the attitude of suspension; and 2) the argumentative function of reason. Through the suspension of prejudice an IA over the prejudice is acquired by the hearer. Consider, “Is my belief that all women are weak, true?” From this, the argumentative function of reason, and confirmation bias, a metacognitive desire to reaffirm and reestablish the prejudice arises. Thus, defeating the purpose of the virtue. As such, I suggest the attitude of acceptance instead, which serves as settled judgement over the prejudice’s truth and need not involve belief. Through it, the hearer does not inquire over the status of the prejudice’s truth, removing the problems presented by suspension of judgement. (shrink)

We shall see that as the Master of suspicion, Marx rejects capitalism, which he considers to be a system of bourgeois oppression, absurd and decadent. The latter eludes the importance of the social question in the historical future of a society. Trampling on the lyrical illusions of practical rationality, he insists on the rigidity of economic and social determinisms, to which he confers an overdeterminent role in sub-estimating the impact of cognitive and/or psychological mechanisms on the exercise of state (...) power. We will explain how dialectical materialism in Marx joins in many respects the methodological revolution initiated by Nietzsche, particularly as regards its requirement to contextualize a real understood as a fabric of forces, in order to understand the origin of the dominant values and that of the capitalist system. Moreover, it will be important to develop the idea that within a civil society, itself prey to a crisis of the sittlichkeit (the ethical life), history tends to separate the interests in favor of imperceptible cowards perverse become legion, while insidiously affecting a social body incapable of escaping from material contingencies. We will then have the right to question the way in which revolutions occur? (shrink)

The article presents the grounds for defining the fetish of artificial intelligence (AI). The fundamental differences of AI from all previous technological innovations are highlighted, as primarily related to the introduction into the human cognitive sphere and fundamentally new uncontrolled consequences for society. Convincing arguments are presented that the leaders of the globalist project are the main beneficiaries of the AI fetish. This is clearly manifested in the works of philosophers close to big technology corporations and their mega-projects. It (...) is proposed to consider the problem of how to use the capabilities of AI to overcome the growing international conflicts and the global crisis in general. The focus is on the problem of subjectness, the solution of which from the standpoint of an anthropomorphic approach to AI is fraught with serious negative consequences. When endowing AI with subjectness, responsibility is implicitly removed from the person who uses this technology, and the established legislative practice is also destroyed. The presentation of AI as an agent endowed with a set of invariant simplified qualities that natural subjects have is proposed. These qualities include: the ability to purposefulness, a kind of reflexivity, communication and simplified elements of sociality. Such a representation of AI as an agent (pseudo-subject) is consistent with the principle of distributed control in biology and psychology, which was called the principle of a dual subject. In combination with the systems of principles and ontologies specified in the concept of post-nonclassical cybernetics of self-developing environments, this will allow the use of AI as a means of social innovation, while maintaining control over AI technologies. And also to pose and solve the problem of integrating the formations of artificial and natural intelligence while maintaining the basic qualities of carriers of natural intelligence. (shrink)

Human cognitive acts are directed towards entities of a wide range of different types. What follows is a new proposal for bringing order into this typological clutter. A categorial scheme for the objects of human cognition should be (1) critical and realistic. Cognitive subjects are liable to error, even to systematic error of the sort that is manifested by believers in the Pantheon of Olympian gods. Thus not all putative object-directed acts should be recognized as having objects of (...) their own. Broadly, the objects towards which human cognition is directed should be parts of reality in a sense that is at least consistent with the truths of natural science. But such a scheme should also be (2) comprehensive: it should do justice to each sort of object on its own terms, and not attempt to eliminate objects of one sort in favour of objects of other, more favoured sorts. Linguistic and other forms of idealism, as well as Meinongian theories, which assign to each and every referring expression or intentional act an object tailored to fit, yield categorial schemes which fail to satisfy (1). Physicalistic and other forms of reductionism yield categorial schemes which fail to satisfy (2). What follows is a categorial scheme that is both critically realistic and comprehensive. Thus it enjoys some of the benefits of linguistic idealism and physicalism, without (or so it is hoped) the corresponding disadvantages of each. (shrink)

Investigation of neural and cognitive processes underlying individual variation in moral preferences is underway, with notable similarities emerging between moral- and risk-based decision-making. Here we specifically assessed moral distributive justice preferences and non-moral financial gambling preferences in the same individuals, and report an association between these seemingly disparate forms of decision-making. Moreover, we find this association between distributive justice and risky decision-making exists primarily when the latter is assessed with the Iowa Gambling Task. These findings are consistent (...) with neuroimaging studies of brain function during moral and risky decision-making. This research also constitutes the first replication of a novel experimental measure of distributive justice decision-making, for which individual variation in performance was found. Further examination of decision-making processes across different contexts may lead to an improved understanding of the factors affecting moral behaviour. (shrink)

We argue that the interaction of biased media coverage and widespread employment of the recognition heuristic can produce epistemic injustices. First, we explain the recognition heuristic as studied by Gerd Gigerenzer and colleagues, highlighting how some of its components are largely external to, and outside the control of, the cognitive agent. We then connect the recognition heuristic with recent work on the hypotheses of embedded, extended, and scaffolded cognition, arguing that the recognition heuristic is best understood as an instance (...) of scaffolded cognition. In section three, we consider the double-edged sword of cognitive scaffolding. On the one hand, scaffolds can reduce the internal processing demands on cognitive agents while increasing their access to information. On the other hand, the use of scaffolding leaves cognitive agents increasingly vulnerable to forming false beliefs or failing to form beliefs at all about particular topics. With respect to the recognition heuristic, agents rely on third parties (such as the media) to report not just what’s true but also what’s important or valuable. This makes cognitive agents relying on these third parties vulnerable to two erroneous influences: 1) because they don’t recognize something, it isn’t important or valuable, and 2) because they do recognize something, it is important or valuable. Call the latter the Kardashian Inference and the former the Darfur Inference. In section four, we use Fricker’s (2007) concept of epistemic injustice to characterize the nature and harm of these false inferences, with special emphasis on the Darfur Inference. In section five, we use data-mining and an empirical study to show how Gigerenzer’s population estimation task is liable to produce Darfur Inferences. We conclude with some speculative remarks on more important Darfur Inferences, and how to avoid them by scaffolding better. One primary way to accomplish this it to shift the burden of embodying the virtue of epistemic justice from the hearer or consumer of media to the media themselves. (shrink)

Interdisciplinary work on the nature of borders and society has enriched and complicated our understanding of democracy, community, distributive justice, and migration. It reveals the cognitive bias of methodological nationalism, which has distorted normative political thought on these topics, uncritically and often unconsciously adapting and reifying state‐centered conceptions of territory, space, and community. Under methodological nationalism, state territories demarcate the boundaries of the political; society is conceived as composed of immobile, culturally homogenous citizens, each belonging to one and (...) only one state; and the distribution of goods is analyzed according to a stark opposition between the domestic and the international. This article describes how methodological nationalism has shaped central debates in political philosophy and introduces recent work that helps dispel this bias. (shrink)

There are a number of important links and similarities between public health and safety. In this extended essay, Gregg D. Caruso defends and expands his public health-quarantine model, which is a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. In developing his account, he explores the relationship between public health and safety, focusing on how social inequalities and systemic injustices affect health outcomes and crime rates, how poverty affects (...) brain development, how offenders often have pre-existing medical conditions (especially mental health issues), how involvement in the criminal justice system itself can lead to or worsen health and cognitive problems, how treatment and rehabilitation methods can best be employed to reduce recidivism and reintegrate offenders back into society, and how a public health approach could be successfully applied within the criminal justice system. Caruso's approach draws on research from the health sciences, social sciences, public policy, law, psychiatry, medical ethics, neuroscience, and philosophy, and he delivers a set of ethically defensible and practically workable proposals for implementing the public health-quarantine model. The essay begins by discussing recent empirical findings in psychology, neuroscience, and the social sciences that provide us with an increased understanding of the social and neurological determinants of health and criminal behavior. It then turns to Caruso's public health-quarantine model and argues that the model provides the most justified, humane, and effective approach for addressing criminal behavior. Caruso concludes by proposing a capability approach to social justice grounded in six key features of human well-being. He argues that we cannot successfully address concerns over public health and safety without simultaneously addressing issues of social justice—including the social determinants of health (SDH) and the social determinants of criminal behavior (SDCB)—and he recommends eight general policy proposals consistent with his model. (shrink)

There appears to be a tension between two commitments in liberalism. The first is that citizens, as rational agents possessing dignity, are owed a justification for principles of justice. The second is that members of society who do not meet the requirements of rational agency are owed justice. These notions conflict because the first commitment is often expressed through the device of the social contract, which seems to confine the scope of justice to rational agents. So, contractarianism (...) seems to ignore the justice claims of the severely cognitively impaired. To solve this problem, Martha Nussbaum proposes the capabilities approach. The justifiability condition, on this approach, is met by the idea of overlapping consensus. This essay argues that overlapping consensus cannot meet liberalism’s justifiability condition, nor is it more inclusive of the cognitively impaired. Therefore, we have reason to retain the contract device and look for another way to ensure that liberalism respects the justice claims of all. (shrink)

ABSTRACT: One important criticism of algorithmic systems is that they lack transparency. Such systems can be opaque because they are complex, protected by patent or trade secret, or deliberately obscure. In the EU, there is a debate about whether the General Data Protection Regulation (GDPR) contains a “right to explanation,” and if so what such a right entails. Our task in this chapter is to address this informational component of algorithmic systems. We argue that information access is integral for respecting (...) autonomy, and transparency policies should be tailored to advance autonomy. -/- To make this argument we distinguish two facets of agency (i.e., capacity to act). The first is practical agency, or the ability to act effectively according to one’s values. The second is what we call cognitive agency, which is the ability to exercise what Pamela Hieronymi calls “evaluative control” (i.e., the ability to control our affective states, such as beliefs, desires, and attitudes). We argue that respecting autonomy requires providing persons sufficient information to exercise evaluative control and properly interpret the world and one’s place in it. We draw this distinction out by considering algorithmic systems used in background checks, and we apply the view to key cases involving risk assessment in criminal justice decisions and K-12 teacher evaluation. -/- The link below is to an open access version of the chapter. (shrink)

This paper examines the Stoic account of apprehension (κατάληψις) (a cognitive achievement similar to how we typically view knowledge). Following a seminal article by Michael Frede (1983), it is widely thought that the Stoics maintained a purely externalist causal account of apprehension wherein one may apprehend only if one stands in an appropriate causal relation to the object apprehended. An important but unanswered challenge to this view has been offered by David Sedley (2002) who offers reasons to suppose that (...) the Stoics (or at least Zeno, the founder of the Stoa) did not make such a causal stipulation. I offer a defence of the traditional, causal reading against the challenges raised by Sedley but also argue, against the traditional view, that the Stoic account incorporated an internalist element. On the hybrid account defended here, in order to apprehend not only must the agent stand in an appropriate causal relation to the object apprehended but the agent’s appearance of the object must also be clear (a feature which is accessible to the epistemic agent). The traditional scholarly view rejects internalist interpretations because it is thought that such interpretations cannot make sense of the Stoics’ discussion of the ‘automatic assent’ produced by kataleptic appearances and a purely externalist view is taken to be charitable insofar as it saves the Stoics from a vicious regress which they would otherwise face (were they internalists). I spell out how the regress might be taken to function and defend an internalist interpretation against both these charges. The internalist element embraced by the Stoics does not lead to the problems it is often thought to and the account defended here not only does justice to the textual evidence but also sheds light on the Stoic debates with their sceptical opponents and grants the Stoics an epistemic account fit for purpose. (shrink)

A viable theory of literary humanism must do justice to the idea that literature offers cognitive rewards to the careful reader. There are, however, powerful arguments to the effect that literature is at best only capable of offering idle visions of a world already well known. In this essay I argue that there is a form of cognitive awareness left unmentioned in the traditional vocabulary of knowledge acquisition, a form of awareness literature is particularly capable of offering. (...) Thus even if it is the case that literature has nothing interesting to give us in the way of knowledge, the literary humanist can consistently maintain that literary experience is thoroughly cognitive. (shrink)

What factors affect judicial decision-making? The legal system is of utmost importance because of its impact on our lives. Judges appear to have the most power among any social workers seeing as the precedents set in their decisions are tantamount to written law. Nevertheless, judges may be subject to certain biases, moral and cognitive alike, which influence their rulings. Looking into how morality and cognitive biases affect judges may also reveal how we as individuals handle combining morals with (...) ethics- as well as whether any discrepancies among ourselves are justifiable. An investigation into relevant moral and jurisprudential theories revealed much about the inner workings of a judge’s mindset- whether he or she recognizes it or not. Coupling this with corroborated research on a select few heuristics present specifically for judges sets the foundation for an array of possible solutions in order to ensure the most impartial judicial proceedings. Plausible remedies include conducting premortems, implicit association tests, and a revised ruling procedure. (shrink)

How does one know one's own beliefs, intentions, and other attitudes? Many responses to this question are broadly empiricist, in that they take self-knowledge to be epistemically based in empirical justification or warrant. Empiricism about self-knowledge faces an influential objection: that it portrays us as mere observers of a passing cognitive show, and neglects the fact that believing and intending are things we do, for reasons. According to the competing, agentialist conception of self-knowledge, our capacity for self-knowledge derives from (...) our rational agency—our ability to conform our attitudes to our reasons, and to commit ourselves to those attitudes through avowals. This paper has two goals. The first is exegetical: to identify agentialism's defining thesis and precisely formulate the agentialist challenge to empiricism. The second goal is to defend empiricism from the agentialist challenge. I propose a way to understand the role of agency in reasoning and avowals, one that does justice to what is distinctive about these phenomena yet is compatible with empiricism about self-knowledge. (shrink)

With Jan Degenaar and Kevin O’Regan’s (D&O) critique of (what they call) ‘autopoietic enactivism’ as point of departure, this article seeks to revisit, refine, and develop phenomenology’s significance for the enactive view. Arguing that D&O’s ‘sensorimotor theory’ fails to do justice to perceptual meaning, the article unfolds by (1) connecting this meaning to the notion of enaction as a meaningful co-definition of perceiver and perceived, (2) recounting phenomenological reasons for conceiving of the perceiving subject as a living body, and (...) (3) showing how the phenomenological perspective does a better job at fulfilling D&O’s requirement for grounding notions of mentality in ‘outer’ criteria than they do. The picture that thus emerges is one of perceptual meaning as an integration of lived, living, and behavioral aspects – a structure of behavior that cannot be captured by appeal to sensorimotor capacities alone but that is adequately illuminated by the enactive notion of adaptive autonomy. (shrink)

As Thomas Uebel has recently argued, some early logical positivists saw American pragmatism as a kindred form of scientific philosophy. They associated pragmatism with William James, whom they rightly saw as allied with Ernst Mach. But what apparently blocked sympathetic positivists from pursuing commonalities with American pragmatism was the concern that James advocated some form of psychologism, a view they thought could not do justice to the a priori. This paper argues that positivists were wrong to read James as (...) offering a psychologistic account of the a priori. They had encountered James by reading Pragmatism as translated by the unabashedly psychologistic Wilhelm Jerusalem. But in more technical works, James had actually developed a form of conventionalism that anticipated the so-called “relativized” a priori positivists themselves would independently develop. While positivists arrived at conventionalism largely through reflection on the exact sciences, though, James’s account of the a priori grew from his reflections on the biological evolution of cognition, particularly in the context of his Darwin-inspired critique of Herbert Spencer. (shrink)

What does it take to see how autistic people participate in social interactions? And what does it take to support and invite more participation? Western medicine and cognitive science tend to think of autism mainly in terms of social and communicative deficits. But research shows that autistic people can interact with a skill and sophistication that are hard to see when starting from a deficit idea. Research also shows that not only autistic people, but also their non-autistic interaction partners (...) can have difficulties interacting with each other. To do justice to these findings, we need a different approach to autistic interactions—one that helps everyone see, invite, and support better participation. I introduce such an approach, based on the enactive theory of participatory sense-making and supported by insights from indigenous epistemologies. This approach helps counteract the homogenising tendencies of the “global mental health” movement, which attempts to erase rather than recognise difference, and often precludes respectful engagements. Based in the lived experiences of people in their socio-cultural-material and interactive contexts, I put forward an engaged—even engaging—epistemology for understanding how we interact across difference. From this perspective, we see participatory sense-making at work across the scientific, diagnostic, therapeutic, and everyday interactions of autistic and non-autistic people, and how everyone can invite and support more of it. (shrink)

I develop an interdisciplinary framework for understanding the nature of agents and agency that is compatible with recent developments in the metaphysics of science and that also does justice to the mechanistic and normative characteristics of agents and agency as they are understood in moral philosophy, social psychology, neuroscience, robotics, and economics. The framework I develop is internal perspectivalist. That is to say, it counts agents as real in a perspective-dependent way, but not in a way that depends on (...) an external perspective. Whether or not something counts as an agent depends on whether it is able to have a certain kind of perspective. My approach differs from many others by treating possession of a perspective as more basic than the possession of agency, representational content/vehicles, cognition, intentions, goals, concepts, or mental or psychological states; these latter capabilities require the former, not the other way around. I explain what it means for a system to be able to have a perspective at all, beginning with simple cases in biology, and show how self-contained normative perspectives about proper function and control can emerge from mechanisms with relatively simple dynamics. I then describe how increasingly complex control architectures can become organized that allow for more complex perspectives that approach agency. Next, I provide my own account of the kind of perspective that is necessary for agency itself, the goal being to provide a reference against which other accounts can be compared. Finally, I introduce a crucial distinction that is necessary for understanding human agency: that between inclinational and committal agency, and venture a hypothesis about how the normative perspective underlying committal agency might be mechanistically realized. (shrink)

Current discussions of hermeneutical injustice, I argue, poorly characterise the cognitive state of victims by failing to account for the communicative success that victims have when they describe their experience to other similarly situated persons. I argue that victims, especially when they suffer moral wrongs that are yet unnamed, are able (1) to grasp certain salient aspects of the wrong they experience and (2) to cultivate the ability to identify instances of the wrong in virtue of moral emotions. By (...) moral emotions I mean emotions like indignation that reflect an agent’s ethical commitments and bear on her ethical assessments. Further, I argue that victims can impart their partial understanding of the wrong they suffer to others who are not similarly situated by eliciting moral emotions such as pity that are tied to broad notions of justice and fairness. (shrink)

In many jurisdictions, an offender’s remorse is considered to be a relevant factor to take into account in mitigation at sentencing. The growing philosophical interest in the use of neurointerventions in criminal justice raises an important question about such remorse-based mitigation: to what extent should technologically facilitated remorse be honoured such that it is permitted the same penal significance as standard instances of remorse? To motivate this question, we begin by sketching a tripartite account of remorse that distinguishes (...) class='Hi'>cognitive, affective and motivational elements of remorse. We then describe a number of neurointerventions that might plausibly be used to enhance abilities that are relevant to these different elements of remorse. Having described what we term the ‘moral value’ view of the justification of remorse-based mitigation, we then consider whether using neurointerventions to facilitate remorse would undermine its moral value, and thus make it inappropriate to honour such remorse in the criminal justice system. We respond to this question by claiming that the form of moral understanding that is incorporated into a genuinely remorseful response grounds remorse’s moral value. In view of this claim, we conclude by arguing that neurointerventions need not undermine remorse’s moral value on this approach, and that the remorse that such interventions might facilitate could also be authentic to the recipient of the neurointerventions that we discuss. (shrink)

Sports physicians are continuously confronted with new biotechnological innovations. This applies not only to doping in sports, but to all kinds of so-called enhancement methods. One fundamental problem regarding the sports physician's self-image consists in a blurred distinction between therapeutic treatment and non-therapeutic performance enhancement. After a brief inventory of the sports physician's work environment I reject as insufficient the attempts to resolve the conflict of the sports physician by making it a classificatory problem. Followed by a critical assessment of (...) some ideas from the US President's Council on Bioethics, the formulation of ethical codes and attempts regarding a moral topography, it is argued that the sports physician's conflict cannot be resolved by the distinction between therapy and enhancement. Instead, we also have to consider the possibility that the therapy-based paradigm of medicine cannot do justice to the challenges of the continuously increasing technical manipulability of the human body and even our cognitive functions as well. At the same time we should not adhere to transhumanist ideas, because non-therapeutic interventions require clear criteria. Based on assistive technologies an alternative framework can be sketched that allows for the integration of therapeutic and non-therapeutic purposes. After a thorough definition of standards and criteria, the role of the sports physician might be defined as that of an assistant for enhancement. Yet the process of defining such an alternative framework is a societal and political task that cannot be accomplished by the sports physicians themselves. Until these questions are answered sports physicians continue to find themselves in a structural dilemma that they partially can come to terms with through personal integrity. (shrink)

According to a number of influential views in penal theory, 1 one of the primary goals of the criminal justice system is to rehabilitate offenders. Rehabilitativemeasures are commonly included as a part of a criminal sentence. For example, in some jurisdictions judges may order violent offenders to attend anger management classes or to undergo cognitive behavioural therapy as a part of their sentences. In a limited number of cases, neurointerventions — interventions that exert a direct biological effect on (...) the brain — have been used as aids to rehabilitation, typically being imposed as part of criminal sentences, separate treatment orders, or conditions of parole. Examples of such interventions include medications intended to attenuate addictive desires in substance-abusing offenders and agents intended to suppress libido in sex offenders.This chapter reviews some of the ethical issues raised by the use of neurointerventions as aids to rehabilitation. (shrink)

In the recent debate between conceptualists and nonconceptualists about perceptual content, Kant’s notion of intuition has been invoked on both sides. Conceptualists claim Kant as a forerunner of their position, arguing that Kantian intuitions have the same kind of content as conceptual thought. On the other hand, nonconceptualists claim Kant as a forerunner of their own position, contending that Kantian intuitions have a distinctly nonconceptual kind of content. In this paper, I argue first, that both sides are wrong about Kant, (...) secondly, that neither side can properly account for the epistemic function of intuition, and thirdly, that Kant’s own notion of intuition contains the resources for a third alternative. The epistemic function of an intuition for Kant is to furnish the sensory representation of an object of cognition. Conceptualism cannot account for this function because it construes perception as a species of thought. As a proper appreciation of Kant’s reasons for insisting upon the heterogeneity of thought and perception puts one in a position to see, any view that does this will fail to do justice to the distinctly sensory nature of intuition. Nonconceptualism, on the other hand, cannot account for the epistemic function of intuition because it views intuition as self-standing, and thus as completely independent from thought. As a consequence, nonconceptualism is not entitled to claim that an intuition is itself a cognitive state. I show that Kant’s actual view avoids both these extremes because it involves a different way of conceiving how perception is informed by conceptual thought. Building on this conception, Kant is able to preserve the distinctly sensory nature of intuition, while also securing proper cognitive standing for it. As a result, Kant’s notion of intuition provides the resources for an alternative account of how thought relates to the senses – one that avoids the shortcomings of the positions staked out in the contemporary debate. (shrink)

This paper defends a reading of eikasia—the lowest kind of cognition in the Divided Line—as a kind of empirical cognition that Plato appeals to when explaining, among other things, the origin of ethical error. The paper has two central claims. First, eikasia with respect to, for example, goodness or justice is not different in kind to eikasia with respect to purely sensory images like shadows and reflections: the only difference is that in the first case the sensory images include (...) representations of value properties. Second, eikasia is not the bare awareness of images or simply a label for an error (mistaking image for original) but a kind of empirical, image-confined cognition, and one that has an important part to play in characterising the cognitive abilities of the non-rational parts of the soul. (shrink)

A theory of the structure and cognitive function of the human imagination that attempts to do justice to traditional intuitions about its psychological centrality is developed, largely through a detailed critique of the theory propounded by Colin McGinn. Like McGinn, I eschew the highly deflationary views of imagination, common amongst analytical philosophers, that treat it either as a conceptually incoherent notion, or as psychologically trivial. However, McGinn fails to develop his alternative account satisfactorily because (following Reid, Wittgenstein and (...) Sartre) he draws an excessively sharp, qualitative distinction between imagination and perception, and because of his flawed, empirically ungrounded conception of hallucination. His arguments in defense of these views are rebutted in detail, and the traditional, passive, Cartesian view of visual perception, upon which several of them implicitly rely, is criticized in the light of findings from recent cognitive science and neuroscience. It is also argued that the apparent intuitiveness of the passive view of visual perception is a result of mere historical contingency. An understanding of perception (informed by modern visual science) as an inherently active process enables us to unify our accounts of perception, mental imagery, dreaming, hallucination, creativity, and other aspects of imagination within a single coherent theoretical framework. (shrink)

In this article, after presenting the basic idea of causal accounts of implementation and the problems they are supposed to solve, I sketch the model of computation preferred by Chalmers and argue that it is too limited to do full justice to computational theories in cognitive science. I also argue that it does not suffice to replace Chalmers’ favorite model with a better abstract model of computation; it is necessary to acknowledge the causal structure of physical computers that (...) is not accommodated by the models used in computability theory. Additionally, an alternative mechanistic proposal is outlined. (shrink)

This paper examines a passage in the Theaetetus where Plato distinguishes knowledge from true belief by appealing to the example of a jury hearing a case. While the jurors may have true belief, Socrates puts forward two reasons why they cannot achieve knowledge. The reasons for this nescience have typically been taken to be in tension with each other . This paper proposes a solution to the putative difficulty by arguing that what links the two cases of nescience is that (...) in neither case do the jurors act from an epistemic virtue and that doing so is a necessary condition of knowledge. Appreciating that it is a necessary condition of knowledge that it be the result of an epistemic agent's agency in a distinctive way provides a satisfying solution to the difficulty Burnyeat detected and also does justice to an otherwise neglected aspect of Plato's epistemology: his talk of cognitive capacities and virtues and his focus on what it is that is active and passive in epistemic processes. (shrink)

C. S. Peirce is often credited as a forerunner of the verificationist theory of meaning. In his early pragmatist papers, Peirce did say that if we want to make our ideas clear(er), then we should look downstream to their actual and future effects. For many who work in philosophy of mind, this is enough to endorse functionalism and dismiss the whole topic of qualia. It complexifies matters, however, to consider that the term qualia was introduced by the founder of pragmatism (...) himself. Peirce was adamant that only triadic relations can support language and cognition. Even so, he insisted on purely logical grounds that, when we analyze triadic signs all the way, we are left with a qualitative residue he called Firstness. Such an isolated relatum could never be studied experimentally. Yet, given that this primitive state can be confirmed by means of a formal or prescissive distinction, I believe the Peircean account can do justice to many of the intuitions that generate the so-called hard problem of consciousness. My goal, then, is to show that Peirce's semiotic commitment to qualia is compatible with his foundational statements about pragmatism. (shrink)

Traces of many past events are often layered or superposed, in brain, body, and world alike. This often poses challenges for individuals and groups, both in accessing specific past events and in regulating or managing coexisting emotions or attitudes. We sometimes struggle, for example, to find appropriate modes of engagement with places with complex and difficult pasts. More generally, there can appear to be a tension between what we know about the highly constructive nature of remembering, whether it is drawing (...) on neural or worldly resources or both, and the ways that we need and use memory to make claims on the past, and to maintain some appropriate causal connections to past events. I assess the current state of work on situated affect and distributed memory, and the recent criticisms of the ‘dogma of harmony’ in these fields. I then deploy these frameworks to examine some affective dimensions of place memory, sketching a strongly distributed conception of places as sometimes partly constituting the processes and activities of feeling and remembering. These approaches also offer useful perspectives on the problems of how to engage – politically and aesthetically – with difficult pasts and historically burdened heritage. In assessing artistic interventions in troubled places, we can seek responsibly to do justice to the past while fully embracing the dynamic and contested constructedness of our present emotions, memories, and activities. (shrink)

Faced with current urgent calls for more trust in experts, especially in high impact and politically sensitive domains, such as climate science and COVID-19, the complex and problematic nature of public trust in experts and the need for a more critical approach to the topic are easy to overlook. Scepticism – at least in its Humean mitigated form that encourages independent, questioning attitudes – can prove valuable to democratic governance, but stands in opposition to the cognitive dependency entailed by (...) epistemic trust. In this paper, we investigate the tension between the value of mitigated scepticism – understood as the exercise of reason-based doubt in a particular domain – and the need for trust in experts. We offer four arguments in favour of mitigated scepticism: the argument from loss of intellectual autonomy; the argument from democratic deficit; the argument from the normative failures of science; and the argument from past and current injustices. These arguments highlight the tension between the requirements for trust and justified scepticism about the role of experts. One solution, which we reject, is the idea that reliance, rather than trust, is sufficient for the purposes of accommodating experts in policy matters. The solution we endorse is to create a ‘climate of trust’, where questioning experts and expertise is welcomed, but the epistemic trust necessary for action upon information which the public cannot obtain first-hand is enabled and encouraged through structural, institutional, and justice-based measures. (shrink)

The idea of epistemic temperance is introduced and explicated through a discussion of Plato's understanding of it. A variety of psychological and epistemic phenomena are presented which arise due to epistemic intemperance, or the inappropriate influence of conations on cognition. Two cases familiar to philosophers, self-deception and racial prejudice, are discussed as the result of epistemic intemperance though they are not typically seen as having a common cause. Finally, epistemic temperance is distinguished from epistemic justice, as these have been (...) conflated. (shrink)

US criminal courts have recently moved toward seeing juveniles as inherently less culpable than their adult counterparts, influenced by a growing mass of neuroscientific and psychological evidence. In support of this trend, this chapter argues that the criminal law’s notion of responsible agency requires both the cognitive capacity to understand one’s actions and the volitional control to conform one’s actions to legal standards. These capacities require, among other things, a minimal working set of executive functions—a suite of mental processes, (...) mainly realized in the prefrontal cortex, such as planning and inhibition—which remain in significant states of immaturity through late adolescence, and in some cases beyond. Drawing on scientific evidence of how these cognitive and volitional capacities develop in the maturing brain, the authors sketch a scalar structure of juvenile responsibility, and suggest some possible directions for reforming the juvenile justice system to reflect this scalar structure. (shrink)

I argue that practical knowledge can be understood as constituted by a kind of imagining. In particular, it is the knowledge of what I am doing when that knowledge is represented via extramental imagination. Two results follow. First, on this account, we can do justice both to the cognitive character and the practical character of practical knowledge. And second, we can identify a condition under which imagination becomes factive, and thus a source of ob-jective evidence. I develop this (...) view by extracting an account of self-knowledge via extramental imagination from the writings of Ibn ‘Arabi (1165-1240). (shrink)

Frederick Douglass (1817–1895) argued that newly emancipated black Americans should assimilate into Anglo-American society and culture. Social assimilation would then lead to the entire physical amalgamation of the two groups, and the emergence of a new intermediate group that would be fully American. He, like those who were to follow, was driven by a vision of universal human fraternity in the light of which the varieties of human difference were incidental and far less important than the ethical, religious, and political (...) idea of personhood. Douglass’s version of this vision was formed by natural law theories, and a Protestant Christian conception of universal human fraternity, as it was for much of the abolition movement in the US and Britain. His vision and his fierce commitment to abolitionism, moreover, were characterized by his own experience of slavery. His political and ethical vision, his moral universe, generated his conception of America, his interpretation of the US constitution, and his solution to the Nation’s race problem. Unpacking Douglass’s vision will help us understand those positions that follow his legacy. Just as those who argue that race ought to be conserved turn to the figure of W.E.B. Du Bois, those who disagree with the conservation of race need to consider Douglass’s arguments, and their relationship to Douglass’s assimilation-amalgamation solution. Moreover, those that work under the long shadow of Douglass would do well to carefully consider the historical reasons why Du Bois’s and Booker T. Washington’s strategies for racial justice eclipsed Douglass’s. This chapter reviews Douglass’s religious and political ideals, his application of them to the issues of race, black American identity, and constitutional interpretation, and how his ideals and positions developed into his projection about the future of race in the US. All of these matters are guiding features of the anti-race and racial nominalist positions in the contemporary conservation of race debate. Additionally, this paper asks that we consider the cognitive and emotional conflicts that arise within us as we reflect upon Douglass’s vision and this Nation’s contradictions and failures in its long racial history. Douglass, of course, frequently referenced this conflict; it was at the center of his experience of being American. In his first narrative, Douglass characterized this conflict as his “soul’s complaint.” As a slave he yearned for freedom, and came to understand the liberal political and religious ideals that surrounded him. God’s justice or the ideal of American justice were not immanent; this gave him much pain and caused in him a good measure of moral disorientation, yet he resolved to make up for the absence of divine and natural justice through his own and other subaltern resources. And as a freeman and abolitionist he yearned for a greater reconciliation of the Nation: between black and white, and between the Nation and its ideals. In both instances the obstacles to his desires, the enormity of the task, and the elusiveness of Justice often left him somewhere between madness and reconciliation to his misery. His turmoil, a reaction of moral indignation and disorientation, a reaction to bondage in the putative land of liberty, is ours as well. (shrink)

Book synopsis: Held every five years under the auspices of the Kant-Gesellschaft, the International Kant Congress is the world’s largest philosophy conference devoted to the work and legacy of a single thinker. The five-volume set Kant and Philosophy in a Cosmopolitan Sense contains the proceedings of the Eleventh International Kant Congress, which took place in Pisa in 2010. The proceedings consist of 25 plenary talks and 341 papers selected by a team of international referees from over 700 submissions. The contributions (...) span 14 sections: Kant’s Concept of Philosophy; Theory of Cognition and Logic; Ontology and Metaphysics; Ethics; Law and Justice; Religion and Theology; Aesthetics; Anthropology and Psychology; Politics and History; Science, Mathematics, and the Philosophy of Nature; Kant and the Leibnizian Tradition; Kant and the Philosophical Tradition; Kant and Schopenhauer; and Kant’s Heritage. Thanks to cooperation from the Schopenhauer Gesellschaft, the 2010 conference was the first in the history of the International Kant Congress to include a session on Kant and Schopenhauer. (shrink)

Based on a survey of 237 managers in Singapore, three measures of organizational ethics (namely, top management support for ethical behavior, the organization''s ethical climate, and the association between ethical behavior and career success) are found to be associated with job satisfaction. The link between organizational ethics and job satisfaction is argued from Viswesvaran et al.''s (1998) organizational justice and cognitive dissonance theories. The findings imply that organizational leaders can favorably influence organizational outcomes by engaging in, supporting and (...) rewarding ethical behavior. (shrink)

Techne and Truth. The problem of techne in the dispute between Gorgias and Plato -/- The source of the problem matter of the book is the Plato’s dialogue „Gorgias”. One of the main subjects of the discussion carried out in this multi-aspect work is the issue of the art of rhetoric. In the dialogue the contemporary form of the art of rhetoric, represented by Gorgias, Polos and Callicles, is confronted with Plato’s proposal of rhetoric and concept of art (techne). The (...) ingenuous and dramatic structure of the dialogue composed of three acts, in each of which Socrates’ consecutive interlocutors emerge, is difficult to interpret. It seems, however, that even though the first conversation between Socrates and Gorgias constitutes a small part of the dialogue, it forms the foundations for the discussion. This part, dealing with such important issues as the subject of art, knowledge, power and relation between art and good, is the starting point for the conversations which follow. What do the differences between the Gorgias’ and Plato’s concepts of art consist in? Any attempt to answer the question requires presentation of the background for the discussion taking place in Plato’s work as well as the reconstruction of Gorgias’ vision of the art of rhetoric and art in general, defining the relation between art and knowledge. The latter may be undertaken on the basis of two paraphrases of the treatise “On Non-existence”, two epideictic speeches entitled “Helen” and “Palamedes” and some smaller fragments which have been preserved from Gorgias’ creative output. The treatise “On Non–existence”, very paradoxical in its philosophical meaning, testifies to new, sophistic thinking represented by Gorgias of Leontinoi. The treatise is the polemic and attack on Eleatism based on certain principles and methods elaborated by the Eleatics themselves. It also shows that Gorgias – using traditional Eleatic schemes – is opposed to this tradition. Even though the treatise does not discuss the problem of art directly, it anticipates the considerations from epideictic speeches. “Helen” and “Palamedes” constitute further stages in the development of Gorgias’ thought and concept of art combining typically epideictic elements with some philosophical convictions. Gorgias refers to the Eleatic theme considering the issues of truth, knowledge and belief, yet defining them in the empirical spirit. Solutions in the cognitive sphere determine the horizon of Gorgias’ rhetoric. The word is separated from the existence. Human cognition is limited and therefore the word and visual images affect the belief. This promotes the great importance of rhetoric, painting and sculpture, i.e. the areas which influence in a specific way – creating the “delusion” (ἀπάτη). Through idealization art provides pleasure, which is its objective. Therefore the task of art is to create delusion. The rhetor of Leontinoi discusses the issue of “how?” to use the word ‘rhetoric’. Gorgias is aware that rhetoric may be used to talk about what is unknown and that technical correctness of a rhetoric statement is not identical with the truthfulness of the proclaimed message. Mentioning it, Gorgias shows his respect to the truth as a value which should be respected in speech on the one hand, and on the other emphasizes that the truth in itself has no persuasive power. For this reason it is not enough to proclaim the truth, but, to convince the listeners, the orator should possess the skill of speaking. What is then the relation between truth and art emerging from epideictic speeches? Gorgias undoubtedly emphasizes the formal aspect of speech, as rhetoric is art, thus an ability based on certain principles. According to Gorgias, the truth is the value which should be respected in speeches. Rhetoric is able to create a fictive world, as a great range of reality remains outside direct human experience. Rhetoric does not oppose the truth but discussing not only what is directly given concerns the area outside the sphere of direct experience. This concept of rhetoric is the basis of the discussion about art carried out in the dialogue “Gorgias”. Even though the first of the discussions in the dialogue – the conversation between Socrates and Gorgias – is directly concerned with rhetoric itself, numerous remarks testify to its much wider character. This is best exemplified by the way of carrying out the conversation by Socrates, who, asking questions about rhetoric practised by Gorgias, throughout the whole conversation compares it with other skills. Additionally, the manner and the structure of the conversation prove that Plato considers the issue of rhetoric from a wider perspective determined by the issue of art. The specific feature of the conversation is ordering it around main issues – such notions as πρᾶγμα, ἐπιστήμη, δύναμις, each of which has its own meaning in Plato. In the first part of Gorgias Plato presents the principles previously occurring in other dialogues in a certain order, thus constructing the structure of the conversation with Gorgias. The notions are not novum in Plato but the fact that he clearly wants to systematise them and present a certain concept of art is a new and significant aspect. This tendency is of paramount importance for the discussion because Gorgias’ answers are evaluated by Plato from the perspective of this clearly set concept consisting of not only established notions but also certain principles. The discussion between Socrates and Gorgias introduces a theme which is crucial for the dialogue: the relation between art and good, i.e. the technical and ethical spheres. The issue is introduced by Gorgias, who mentions that rhetoric may be used for evil purposes. On this basis Socrates proves that if rhetoricians can use rhetoric for evil purposes, they have no knowledge concerning the subject of their art – justice, because one who knows what is just, always acts justly. Thus the relation between the technical and ethical spheres transpires to be the main point of contention. The question is whether a technician following the principles of the art he practices may act against good. This paradoxical statement based on the well-known Socrates’ principle "nemo sua sponte peccat" acquires philosophical foundations in the dialogue. In its remaining two parts Plato presents a justification, placing the principle within the framework of a certain concept of art, as a result of which not only rhetoric but also many other skills are criticised. The notions on which the conversation with Gorgias focuses are more precisely defined in the subsequent parts of the dialogue. Additionally, Plato presents twice the conditions which art should fulfill. They oblige the “technicians” to know the nature and purpose of the art and to know the causes of undertaken activities and to be able to justify them. These conditions determine the relation between the two spheres – technical and ethical. According to Plato, art may not act against good because it should be the objective of its activities. Certain concepts of good and knowledge outlined in the dialogue are the guarantees of “technicality”. Good, which should be respected by every art, is understood objectively and is contrasted with subjective pleasure. Knowledge, which should be the basis of art, opposes experience, which uses observation and recollection. Additionally, the definition of knowledge, significance of order in the world assuming the form of “geometrical equality”, significance of mathematics becoming the ideal of exactness indicate that Plato’s concept of knowledge is formed in Gorgias. These conclusions render it impossible that the results of any activity deserving the name of art should oppose good. And this is Plato’s main reproach of Gorgias’ concept, who wrote about false speeches possessing the power of conviction because they were written according to the principles proof of art or who defined tragedy as “a deceit, where he who cheats is more just than he who does not and the cheated is wiser than he who was not cheated”. Such determination of the relation between the technical and ethical sphere resulted from Gorgias’ concept of the world and fundamental philosophical principles. The whole concept of art described by Plato in the dialogue opposes the view presented by Gorgias. According to Plato, every technical activity has a defined object (ἔργον), is based on knowledge (ἐπιστήμη) and is always aimed at the good of human soul or body. The danger revealed and presented in the dialogue by Plato exists in the very concept of art presented by Gorgias, i.e. in its empirical foundations and the resulting understanding of the relation between art and good. Gorgias’ concept of art based on empirical cognition, which concerns the world of phenomena and rejects the possibility of perfect knowledge, leads, according to Plato, to a dangerous falsification of the relation between art and good. Plato proves that this weakness of Gorgias’ concept is revealed when confronted with these representatives of “the magnificent art” who are not protected against radicalism by the adherence to the moral tradition. The comparison of two, completely contrasting concepts of art based on different philosophical understanding of knowledge and good is decisive for the criticism of rhetoric in Gorgias. The concept presented by Plato criticises contemporary rhetoric and sophistry but determines the direction of research of the real art of rhetoric. (shrink)

People suffering from Obsessive-Compulsive Disorder (OCD) do things they do not want to do, and/or they think things they do not want to think. In about 10 percent of OCD patients, none of the available treatment options is effective. A small group of these patients is currently being treated with deep brain stimulation (DBS). Deep brain stimulation involves the implantation of electrodes in the brain. These electrodes give a continuous electrical pulse to the brain area in which they are implanted. (...) It turns out that patients may experience profound changes as a result of DBS treatment. It is not just the symptoms that change; patients rather seem to experience a different way of being in the world. These global effects are insufficiently captured by traditional psychiatric scales, which mainly consist of behavioural measures of the severity of the symptoms. In this article we aim to capture the changes in the patients’ phenomenology and make sense of the broad range of changes they report. For that we introduce an enactive, affordance-based model that fleshes out the dynamic interactions between person and world in four aspects. The first aspect is the patients’ experience of the world. We propose to specify the patients’ world in terms of a field of affordances, with the three dimensions of broadness of scope (‘width’ of the field), temporal horizon (‘depth’), and relevance of the perceived affordances (‘height’). The second aspect is the person-side of the interaction, that is, the patients’ self-experience, notably their moods and feelings. Thirdly, we point to the different characteristics of the way in which patients relate to the world. And lastly, the existential stance refers to the stance that patients take towards the changes they experience: the second-order evaluative relation to their interactions and themselves. With our model we intend to specify the notion of being in the world in order to do justice to the phenomenological effects of DBS treatment. (shrink)

This Article defines four distinct conceptions of cruelty found in underdeveloped form in domestic and international criminal law sources. The definition is analytical, focusing on the types of agency, victimization, causality, and values in each conception of cruelty. But no definition of cruelty will do justice to its object until complemented by the kind of understanding practical reason provides of the implications of the phenomenon of cruelty. -/- No one should be neutral in relation to cruelty. Eminently, cruelty in (...) criminal law, a human-created phenomenon, vigorously calls for responses in the form of preventive and corrective action on the part of private and public actors. It is in this sense that cruelty is a problem of practical reason, one of action preoccupied with its legal or moral obligations, rational grounds, value commitments, and actual consequences. -/- However, the connection between conceptions of cruelty and the implications practical reason can draw from the correct application of a conception of cruelty to phenomena in the world remains too detached to be able to capture and explain people's actual experiences both of seeing cruelty in the world and of confronting the question of what to do about cruelty and how to address its cultural and institutional aspects. Something is missing. -/- What is missing is the integration of conceptions of cruelty and the practical reason implications of detecting cruelty in the world into normative models which operate as meaning matrixes for cognition, meaning, and action. This Article undertakes this explanatory task through an exercise of reconstructing seminal philosophical ideas about cruelty. The result is that the four conceptions of cruelty are placed within three distinct normative models, which ultimately render intelligible legal conceptions of cruelty and legal reactions to it. (shrink)