This paper advocates a realist position with respect to science and common sense. It considers the question of whether science provides knowledge of reality. It presents a positive response to that question. It rejects the anti-realist claim that we are unable to acquire knowledge of reality in favour of the realist view that science yields knowledge of the external world. But it remains to be specified just what world that is. Some argue that science leads to (...) the rejection of our commonsense view of the world. If so, the world about which science informs us is not the world of common sense. Common sense is “stone-age metaphysics”. It is false theory inherited from our primitive ancestors that is to be eliminated in favour of science. Against such an elimination of common sense, it is argued that science both preserves and explains our commonsense experience of the world. Science may well lead to the overthrow of some of our most deeply held beliefs. But common sense reflects a more basic and durable level of experience. Commonsense beliefs are well-confirmed beliefs that are vindicated by their role in successful practical action each and every day. Common sense provides a firm basis on which to base a realist philosophy of science. (shrink)

The article presents two antagonistic views of reality, one coming from modern science and the other from flat-Earthers, to discuss the relationships between common-sense, science, and reality. The concrete fact under analysis refers to the solar system and the position of the earth in this system, that is, the duality of geocentrism and heliocentrism. After discussing the reasons for denying geocentrism with arguments from theoretical physics, we return to discussing the duality against the backdrop of the (...) history of science, showing that the issue was much more complex when the Ptolemaic paradigm passed to the Copernican one in the 16th century. The article shows that the paradigm shift presupposed the invention of a reality that took more than 100 years to stop being an invention and become a reality. From an epistemological point of view, a discovery, even if it corresponds to empirical facts, needs theoretical support to be considered true or, in the terms we are dealing with here, to be considered reality and part of common sense. Ontologically speaking, we cannot consider a certain worldview as an existing reality beyond the mental model that created it. (shrink)

The view of nature we adopt in the natural attitude is determined by common sense, without which we could not survive. Classical physics is modelled on this common-sense view of nature, and uses mathematics to formalise our natural understanding of the causes and effects we observe in time and space when we select subsystems of nature for modelling. But in modern physics, we do not go beyond the realm of common sense by augmenting our (...) knowledge of what is going on in nature. Rather, we have measurements that we do not understand, so we know nothing about the ontology of what we measure. We help ourselves by using entities from mathematics, which we fully understand ontologically. But we have no ontology of the reality of modern physics; we have only what we can assert mathematically. In this paper, we describe the ontology of classical and modern physics against this background and show how it relates to the ontology of common sense and of mathematics. (shrink)

Philosophers from Plotinus to Paul Churchland have yielded to the temptation to embrace doctrines which contradict the core beliefs of common sense. Philosophical realists have on the other hand sought to counter this temptation and to vindicate those core beliefs. The remarks which follow are to be understood as a further twist of the wheel in this never-ending battle. They pertain to the core beliefs of common sense concerning the external reality that is given in (...) everyday experience -the beliefs of folk physics, as we might call them. Just as critics of Churchland et al. have argued that the folk-psychological ontology of beliefs, desires, etc. yields the best explanation we can have of the order of cognitive phenomena conceived from the perspective of first-person experience, so we shall argue that (1) the commonsensical ontology of folk physics yields the best explanation we can have of our externally directed cognitive experience and that (2) an ontology of mesoscopic things, events and processes must play a role, in particular, in our best scientific theory of human action. (shrink)

While contemporary philosophers have devoted vast amounts of attention to the language we use in describing and finding our way about the world of everyday experience, they have, with few exceptions, refused to see this world itself as a fitting object of theoretical concern. In what follows I shall seek to show how the commonsensical world might be treated ontologically as an object of investigation in its own right. At the same time I shall seek to establish how such a (...) treatment might help us better philosophically to understand the structures of both physical reality and cognition. (shrink)

The article aims at showing that the philosophical personalism of Pope John Paul II stems from the common sense approach to reality. First, it presents Karol Wojtyla as a framer of the Lublin Philosophical School, to which he was affiliated for 24 years before being elected Pope John Paul II; it shows Wojtyla’s role in establishing this original philosophical School by his contribution to its endorsement of Thomism, its way of doing philosophy, and its classically understood personalism. (...) Secondly, it identifies a purpose of Wojtyla’s use of the phenomenological method in his personalism and reconstructs Wojtyla’s possible answer to the question whether there is a link between moral sense and common sense in human experience. (shrink)

Information may be defined as the conceptual or communicable part of the content of mental acts. The content of mental acts includes sensory data as well as concepts, particular as well as general information. An information system is an external (non-mental) system designed to store such content. Information systems afford indirect transmission of content between people, some of whom may put information into the system and others who are among those who use the system. In order for communication to happen, (...) the conceptual systems of the originators and users of the information must be sufficiently similar. A formal conceptual framework that can provide the basis for exchange of information is termed an ontology. In its most fundamental form, ontology studies the most basic constituents of reality. Traditionally, ontology seeks to reflects structures that are independent of thought and cognition. The term ontology is used more broadly in artificial intelligence and software engineering, to refer to the conceptual basis for an information system. (shrink)

In this paper I aim to show that the philosophy of Mihai Şora can both be seen as a phenomenological treatment of being and as a general theory of being in its most rigorous sense. At least, this philosophy could be designated as a phenomenological ontology which opens up itself towards an originally metaphysical perspective based on a specific type of knowledge of the sort of “global disclosure”. I will argue too that within Şora's philosophy one can have a (...) twofold approach: one starts from what we could call the phenomenology of the “common givenness” (“ordinary/ quotidian givenness”) and then proceeds (in a phenomenological manner) to a general theory of being, which is represented in Şora's philosophy by the constitution of the model of the “sphere with the null ray”; the second commences with the treatment of the ontological model as such (the model, which is already formed, represents in the end the symbolic structure of reality), that is, from this “general theory of being” (or of the constitution of being) and then advances step by step towards various (phenomenological) applications of this ontological model to the multifaceted spheres of the domain of being (the sphere of language, of temporality, of ethics, of the social, of politics, etc.). (shrink)

The purpose of the essay is to explore some points pertaining to Peirce’s conception of reality, with a special emphasis on the themes developed in his later writings (such as normativity, common sense, and the logic of signs). The resulting proposal advances a preliminary reading of some key issues (arising in connection with Peirce’s discussions of reality and truth), configured with a view to the socially sustainable, coordinated practices of inquiry that are intrinsically embedded in the (...) biological and cultural dynamics of the evolving sense of reasonableness in human practical and cognitive enterprises. (shrink)

In conceptual modeling (CM) as a subdiscipline of software engineering, current proposed ontologies (categorical analysis of entities) are typically established through whole adoption of philosophical theories (e.g. Bunge’s). In this paper, we pursue an interdisciplinary research approach to develop a diagrammatic-based ontological foundation for CM using philosophical ontology as a secondary source. It is an endeavor to escape an offshore procurement of ontology from philosophy and implant it in CM. In such an effort, the CM diagrammatic language plays an important (...) role in contrast to dogmatic philosophical languages’ obsession with abstract entities. Specifically, this paper is about developing a descriptive (in contrast to formal) ontology that a modeler accepts as a supplementary account of reality when using thinging machines (TMs; i.e. a reality that uncovers the ontology of things that TM modeling discusses or “talks about,” akin to the ontology of natural language). Although existence is a well-established notion, we defend subsistence (Stoic term) as a supplementary mode of reality (e.g. reflection of event). The aim here is aligned toward developing CM notions and processes that are firm enough. Classical analysis of being per se (e.g. identity, substance, classes, objects) is de-emphasized in this work; nevertheless, philosophical concepts form an acknowledged authority to compare to. As a case study, such a methodology is applied to the notion of information that provides a common-sense understanding of the world. This application would enhance understanding of the TM methodology and clarify some of the issues that shed light on the question of the nature of information as an important concept in software engineering. Information is defined as about events; that is, it is about existing things. It is viewed as having a subsisting nature that exists only through being “carried on” by other things. The results seem to indicate a promising approach to define information and understand its nature. (shrink)

The main aim of this essay is to show that, for Stevens, the concept of reality is very fluctuating. The essay begins with addressing the relationship between poetry and philosophy. I argue, contra Critchley, that Stevens’ poetic work can elucidate, or at least help us to understand better, the ideas of philosophers that are usually considered obscure. The main “obscure” philosophical work introduced in and discussed throughout the essay is Schelling’s System of Transcendental Idealism. Both a (shellingian) philosopher and (...) a (stevensian) poet search for reality. In order to understand Stevens’ poetry better, I distingush several concepts of reality: initial reality (the external world of the common sense), imagined reality (a fiction, a product of one’s mind), final reality (the object of a philosopher’s and a poet’s search) and total reality (the sum of all realities, Being). These determinations are fixed by reason (in the present essay), whereas in Stevens’ poetic works, they are made fluid by the imagination. This fluidity leads the concept of reality from its initial stage through the imagined stage to its final stage. Throughout this process, imagined reality must be distinguished from both a mere fancy and its products. Final reality is, however, nothing transcendent. It is rather a general transpersonal order of reality created by poetry/the imagination. The main peculiarity of final reality is that it is a dynamic order. It is provisional at each moment. Stevens (and Schelling too) characterizes this order as that of a work of art which is a finite object, but has an infinite meaning. Stevens calls this order “the central poem” or the “endlessly elaborating poem”. If ultimate reality is a poem created by the imagination, one may ask who is the imagining subject. I argue that this agent is best to be thought as total reality, that is, as Being. Stevens, however, maintains that if there were such an agency, it would be an inhuman agency, “an inhuman meditation”. The essay concludes, in a Derridian manner, with the claim that this agency cannot have any name; it is the “unnamed creator of an unknown sphere, / Unknown as yet, unknowable, / Uncertain certainty” (OP: 127). It is best thought as an X, as an unknown variable. Being has no name. (shrink)

Taken at face value, the picture of reality suggested by modern science seems radically opposed to the world as we perceive it through our senses. Indeed, it is not uncommon to hear scientists and others claim that much of our perceptual experience is a kind of pervasive illusion rather than a faithful presentation of various aspects of reality. On this view, familiar properties such as colours and solidity, to take just two examples, do not belong to external objects, (...) but are fictions generated by the brain that we mistakenly ascribe to the world around us. Contrary to this view, I argue that properties like colour and solidity are as much a part of the fabric of reality as gravity and electrons, and that our scientific and common-sense world views are not as opposed to one another as it might first appear. (shrink)

Typical discussions of virtual reality (VR) fixate on technology for providing sensory stimulation of a certain kind. They thus fail to understand reality as the place wherein we live and work, misunderstanding it instead as merely a sort of presentation. The first half of the paper examines popular conceptions of VR. The most common conception is a shallow one according to which VR is a matter of simulating appearances. Yet there is, even in popular depictions, a second, (...) more subtle conception according to which VR is a matter of facilitating new kinds of interaction. The latter half of the paper turns to questions about the contemporary technology of Internet chatrooms. The fact that chatrooms can be used in certain ways suggests something about the prospects for VR. The penultimate section asks whether chatrooms may legitimately be thought of as places. (In a sense, they may.) The final section asks whether cybersex may legitimately be thought of as sex. (Again, yes.) Chatroom technology thus provides an argument for the second conception of VR over its much ballyhooed rival. (shrink)

We introduce the notion of complexity, first at an intuitive level and then in relatively more concrete terms, explaining the various characteristic features of complex systems with examples. There exists a vast literature on complexity, and our exposition is intended to be an elementary introduction, meant for a broad audience. -/- Briefly, a complex system is one whose description involves a hierarchy of levels, where each level is made of a large number of components interacting among themselves. The time evolution (...) of such a system is of a complex nature, depending on the interactions among subsystems in the next level below the one under consideration and, at the same time, conditioned by the level above, where the latter sets the context for the evolution. Generally speaking, the interactions among the constituents of the various levels lead to a dynamics characterized by numerous characteristic scales, each level having its own set of scales. What is more, a level commonly exhibits ‘emergent properties’ that cannot be derived from considerations relating to its component systems taken in isolation or to those in a different contextual setting. In the dynamic evolution of some particular level, there occurs a self-organized emergence of a higher level and the process is repeated at still higher levels. -/- The interaction and self-organization of the components of a complex system follow the principle commonly expressed by saying that the ‘whole is different from the sum of the parts’. In the case of systems whose behavior can be expressed mathematically in terms of differential equations this means that the interactions are nonlinear in nature. -/- While all of the above features are not universally exhibited by complex systems, these are nevertheless indicative of a broad commonness relative to which individual systems can be described and analyzed. There exist measures of complexity which, once again, are not of universal applicability, being more heuristic than exact. The present state of knowledge and understanding of complex systems is itself an emerging one. Still, a large number of results on various systems can be related to their complex character, making complexity an immensely fertile concept in the study of natural, biological, and social phenomena. -/- All this puts a very definite limitation on the complete description of a complex system as a whole since such a system can be precisely described only contextually, relative to some particular level, where emergent properties rule out an exact description of more than one levels within a common framework. -/- We discuss the implications of these observations in the context of our conception of the so-called noumenal reality that has a mind-independent existence and is perceived by us in the form of the phenomenal reality. The latter is derived from the former by means of our perceptions and interpretations, and our efforts at sorting out and making sense of the bewildering complexity of reality takes the form of incessant processes of inference that lead to theories. Strictly speaking, theories apply to models that are constructed as idealized versions of parts of reality, within which inferences and abstractions can be carried out meaningfully, enabling us to construct the theories. -/- There exists a correspondence between the phenomenal and the noumenal realities in terms of events and their correlations, where these are experienced as the complex behavior of systems or entities of various descriptions. The infinite diversity of behavior of systems in the phenomenal world are explained within specified contexts by theories. The latter are constructs generated in our ceaseless attempts at interpreting the world, and the question arises as to whether these are reflections of `laws of nature' residing in the noumenal world. This is a fundamental concern of scientific realism, within the fold of which there exists a trend towards the assumption that theories express truths about the noumenal reality. We examine this assumption (referred to as a ‘point of view’ in the present essay) closely and indicate that an alternative point of view is also consistent within the broad framework of scientific realism. This is the view that theories are domain-specific and contextual, and that these are arrived at by independent processes of inference and abstractions in the various domains of experience. Theories in contiguous domains of experience dovetail and interpenetrate with one another, and bear the responsibility of correctly explaining our observations within these domains. -/- With accumulating experience, theories get revised and the network of our theories of the world acquires a complex structure, exhibiting a complex evolution. There exists a tendency within the fold of scientific realism of interpreting this complex evolution in rather simple terms, where one assumes (this, again, is a point of view) that theories tend more and more closely to truths about Nature and, what is more, progress towards an all-embracing ‘ultimate theory’ -- a foundational one in respect of all our inquiries into nature. We examine this point of view closely and outline the alternative view -- one broadly consistent with scientific realism -- that there is no ‘ultimate’ law of nature, that theories do not correspond to truths inherent in reality, and that successive revisions in theory do not lead monotonically to some ultimate truth. Instead, the theories generated in succession are incommensurate with each other, testifying to the fact that a theory gives us a perspective view of some part of reality, arrived at contextually. Instead of resembling a monotonically converging series successive theories are analogous to asymptotic series. -/- Before we summarize all the above considerations, we briefly address the issue of the complexity of the {\it human mind} -- one as pervasive as the complexity of Nature at large. The complexity of the mind is related to the complexity of the underlying neuronal organization in the brain, which operates within a larger biological context, its activities being modulated by other physiological systems, notably the one involving a host of chemical messengers. The mind, with no materiality of its own, is nevertheless emergent from the activity of interacting neuronal assemblies in the brain. As in the case of reality at large, there can be no ultimate theory of the mind, from which one can explain and predict the entire spectrum of human behavior, which is an infinitely rich and diverse one. (shrink)

There are advantages to thrift over honest toil. If we can make do without numbers we avoid challenging questions over the metaphysics and epistemology of such entities; and we have a good idea, I think, of what a nominalistic metaphysics should look like. But minimizing ontology brings its own problems; for it seems to lead to error theory— saying that large swathes of common-sense and best science are false. Should recherche philosophical arguments really convince us to give all (...) this up? Such Moorean considerations are explicitly part of the motivation for the recent resurgence of structured metaphysics, which allow a minimal (perhaps nominalistic) fundamental ontology, while avoiding error-theory by adopting a permissive stance towards ontology that can be argued to be grounded in the fundamental. This paper evaluates the Moorean arguments, identifying key epistemological assumptions. On the assumption that Moorean arguments can be used to rule out error-theory, I examine deflationary ‘representationalist’ rivals to the structured metaphysics reaction. Quinean paraphrase, fictionalist claims about syntax and semantics are considered and criticized. In the final section, a ‘direct’ deflationary strategy is outlined and the theoretical obligations that it faces are articulated. The position advocated may have us talking a lot like a friend of structured metaphysics—but with a very different conception of what we’re up to. (shrink)

The project of a 'naive physics' has been the subject of attention in recent years above all in the artificial intelligence field, in connection with work on common-sense reasoning, perceptual representation and robotics. The idea of a theory of the common-sense world is however much older than this, having its roots not least in the work of phenomenologists and Gestalt psychologists such as K hler, Husserl, Schapp and Gibson. This paper seeks to show how contemporary naive (...) physicists can profit from a knowledge of these historical roots of their discipline, which are shown to imply above alla critique of the set-theory-based models of reality typically presupposed by contemporary work in common-sense ontology [1]. (shrink)

This book has been written for eighteen year olds (or anyone who will listen) as an honest attempt to face their justified questionings and to offer them a metaphysical framework with which to confront the twenty-first century. It is vitally important that certain modes of thought are uprooted and new modes put in their place if mankind and planet Earth are not soon to suffer an historic global catastrophe. Apart from the continuing world-wide proliferation of conventional, chemical, biological and nuclear (...) weaponry, the temperature of the planet has risen more rapidly in the last twenty-five years than it has since the year 900AD, which confirms global warming by some cause or other. These and the many intensifying human conflicts and natural disasters demand that some fundamental changes to our thinking are made as soon as possible. These 120 pages begin with an original examination of the quantum-theoretical understanding of reason (logic) and reality (existence) and find both to be at odds with common sense. A theory of everything is a reduction to a single grand idea! A quantum theory of everything is a mathematical theory of a consciousness realizing this grand idea! That is what this book tries to comprehend by means of five indisputable propositions. (shrink)

A common sense view is illustrated by Doubting Thomas, and surfaces in many philosophical and psychological writings : Touching is better than seeing. But can we make sense of this privilege? We rule out that it could mean that touch is more informative than vision, more ‘objective’ or more directly in contact with reality. Instead, we propose that touch offers not a perceptual, but a metacognitive advantage: touch is not more objective than vision but rather provides (...) comparatively higher subjective certainty. (shrink)

Philosophers debate whether all, some or none of the represcntational content of our sensory experience is conccptual, but the technical term "concept" has different uses. It is commonly linked more or less closely with the notions of judgdment and reasoning, but that leaves open the possibility that these terms share a systematic ambiguity or indeterminacy. Donald Davidson, however, holds an unequivocal and consistent, if paradoxical view that there are strictly speaking no psychological states with representational or intentional content except the (...) propositional attitudes of language users, since thc source or fundamental bearer of intentionality is the employed sentence. Accordingly he claims that what has content in ordinary sense experience is not sensation, but propositional belief caused, but not justified, by sensation. John McDowell, sharing some ofDavidson's premises,holds a less paradoxical, but (l will argue) equivocal and incoherent view that post-infantile human sensory expcrience must have content in so far as it is what grounds perceptual belief but that this content is itself conceptual or propositional, dependent on language and culture. Reasons are givcn in the present article for rejecting both views, and their common premises. It is argued that perceptual or sensory states have intentional content which is no more conceptual or propositional than the world is. Recognition that perceptual content and conceptual content are, in a certain unsurprising way incommensurable allows for a more realistic understanding of the relationship between Language and the world as we experience it. (shrink)

In ‘What Has Philosophy to Learn from Tort Law?’, Bernard Williams reaffirms J. L. Austin’s suggestion that philosophy might learn from tort law ‘the difference between practical reality and philosophical frivolity’. Yet while Austin regarded tort law as just another repository of time-tested concepts, on a par with common sense as represented by a dictionary, Williams argues that ‘the use of certain ideas in the law does more to show that those ideas have strength than is done (...) by the mere fact that they are part of the currency of common sense’. But what does it mean to show that ideas or concepts ‘have strength’? How does conceptual strength relate to the distinction between practical reality and philosophical frivolity? And what special features of the law are supposed to make it a better test of conceptual strength than common sense? In this chapter, I reconstruct and develop Williams’s answers to these questions. I show why Williams believes that we need to test the concepts forming the currency of common sense against practical reality as embodied by legal practice; I identify seven features of tort law that make it particularly suitable to act as such a test; I distinguish three respects in which concepts can show strength, and unpack Williams’s metaphor of microwave-resistant concepts: concepts capable of holding and presenting material for intense critical scrutiny without succumbing to it themselves; lastly, I show how philosophy can learn to identify systematically weak concepts, and the limits of otherwise valuable concepts, by considering which concepts fail the test. (shrink)

It is common to criticize the idea of objectivity by claiming that we cannot make sense of any cognitive contact with the world that is not constituted by the very materials of our thinking, and to conclude that the idea must be abandoned and that the world is ‘well lost’. We resist this conclusion and argue for a notion of objectivity that places its source within the domain of thoughts by proposing a conception of facts, akin to McDowell’s, (...) as thinkable while independent of any act of thinking. However, we do so without any empiricist commitment. (shrink)

The term ‘formal ontology’ was first used by the philosopher Edmund Husserl in his Logical Investigations to signify the study of those formal structures and relations – above all relations of part and whole – which are exemplified in the subject-matters of the different material sciences. We follow Husserl in presenting the basic concepts of formal ontology as falling into three groups: the theory of part and whole, the theory of dependence, and the theory of boundary, continuity and contact. These (...) basic concepts are presented in relation to the problem of providing an account of the formal ontology of the mesoscopic realm of everyday experience, and specifically of providing an account of the concept of individual substance. (shrink)

The essay brings a summation of human efforts seeking to understand our existence. Plato and Kant & cognitive science complete reduction of philosophy to a neural mechanism, evolved along elementary Darwinian principles. Plato in his famous Cave Allegory explains that between reality and our experience of it there exists a great chasm, a metaphysical gap, fully confirmed through particle-wave duality of quantum physics. Kant found that we have two kinds of perception, two senses: By the spatial outer sense (...) we perceive phenomena, objects in space. Our temporal inner sense lets us perceive our inner state, noumena . Kant's two senses are fully confirmed through bilateral brain duality of cognitive science. The bilateral brain serves inner, temporal sense, logic & noumena in the left hemisphere. The right brain half is for the outer, spatial sense, geometry & phenomena. We form a whole system, a bilateral interior cosmos, a kind of world model, expressing what may lie beyond the metaphysical gap. In the right brain we build a phenomenal cosmos, to resemble the outer environment. In the brain's left hemisphere a noumenal cosmos, a model of our private world including Saint Teresa of Avila's castillo interior. The cosmos is regularly updated with novel sense data integrated into our memory banks. This was recognized early by Helmholtz (1860s). Our lives, health & well-being depend on us keeping our interior cosmos in good order. This used to be seen as saving one's precious soul from perdition. While we endeavour to keep our phenomenal cosmos neat & orderly by protecting the environment from harm, our noumenal cosmos to be livable requires us to engage in ethical conduct. This bilateral cosmos is responsible for our common sense judgment power, that we depend on for being able to lead a good & benign life. The 200 million neurons of BA10 in the prefrontal lobe have global access to the interior cosmos, & apply massive feedback to identify environmental conditions rapidly. The global access also gives conscious presence of the individual to itself, all that is present in the interior cosmos, for total freedom of action. In the left brain private ego, we are guarded by faith in divine mercy, & guided to choose the best course of action, able to survive under the most adverse conditions. For this, we receive directions from the Holy Ghost in Saint Teresa's castillo interior. (shrink)

Fictionalism in ontology is a mixed bag. Here I focus on three main variants—which I label after the names of Pascal, Berkeley, and Hume—and consider their relative strengths and weaknesses. The first variant is just a version of the epistemic Wager, applied across the board. The second variant builds instead on the fact that ordinary language is not ontologically transparent; we speak with the vulgar, but deep down we think with the learned. Finally, on the Humean variant it’s the structure (...) of the ontological inventory, not its content, that may turn out to involve fictional elements. That is, for the Humean the fiction lies, not in the reality of common-sense ontology, but in the laws—of unity, identity, causation, etc.—in terms of which we articulate our experience of that reality. In the end, this is the kind of fictionalism that I find most interesting, sensible, and tenable. And I argue that it is even compatible with the sort of “naive” realism we have all come to appreciate in the work of Paolo Bozzi, to whom the paper is dedicated. (shrink)

This article critically examines McTaggart’s Paradox, which argues for the unreality of time based on inherent contradictions in the A-series and B-series of temporal order. McTaggart’s assertion that time is unreal stems from the premise that genuine change, essential for time, occurs within the A-series, where events transition from future to present to past. He contends that this series is inherently contradictory, as it requires events to simultaneously possess mutually exclusive properties of past, present, and future. This paradoxical nature leads (...) McTaggart to conclude that time is an illusion. The article challenges McTaggart’s conclusions by advocating for Presentism, the view that only the present moment exists. Presentism is supported by common-sense views and phenomenological experiences of time, which emphasize the experiential privilege of the present. By focusing on the reality of the present moment, Presentism offers a coherent and intuitive understanding of temporal experience, countering McTaggart’s paradox. Additionally, the article explores arguments from philosophers such as Sydney Shoemaker and William Rowe, who challenge McTaggart’s linkage of time with change. Shoemaker proposes that time can exist without change, while Rowe critiques the necessity of change for the existence of time. Through a comprehensive evaluation of McTaggart’s premises and the phenomenological evidence supporting Presentism, this article aims to refute the paradox and affirm the reality of time as experienced through the ever-present ‘Presentness.’ Presentism is thus presented as a robust framework for understanding time, consistent with both philosophical reasoning and everyday temporal experience. (shrink)

Temporal ontology is the philosophical debate on the existence of the past and the future. It features a three-way confrontation between supporters of presentism (the present exists, the past and the future do not), pastism (the past and the present exist, the future does not), and eternalism (the past, the present, and the future all exist). Most philosophers engaged in this debate believe that presentism is much more in agreement with common sense than the rival views; moreover, most (...) of them believe that being in agreement with common sense is epistemically valuable for a philosophical view. We studied experimentally non-experts’ ideas pertaining to the domain of temporal ontology, i.e., as we called it, common-sense temporal ontology, focusing on the Italian population. We found that a non-overwhelming majority of participants (~64%) favoured presentism, while two significant minorities favoured pastism (~19%) and eternalism (~17%). We think that our findings provide some support, albeit weaker than expected, for the view that presentism is more in agreement with common sense than the rival positions. (shrink)

The language of phenomenology includes terms such as intentionality, phenom- enon, insight, analysis, sense, not to mention the key term of Edmund Husserl’s manifesto, “the things themselves” to return to . But what does the “things them- selves” properly mean? How come the term is replaced by the “findings” over time? And what are the findings for? The investigation begins by looking at the tricky legacy of the modern turn, trying to clarify ties to past masters, including Francis- co (...) Suárez and Augustine of Hippo . The former, because his influence goes beyond René Descartes reaching undoubtedly Franz Brentano and his students, as well as Martin Heidegger . The latter, because Augustine gives a personal component to the Greek inheritance, marked by the “inward turn .” However, it would not be possible to review the history of thought without the help offered by Jan Patočka's analyses . Patočka discloses the “care” of the Greek philosophers, Plato and Dem- ocritus among others, “for the soul”, we would say with Patočka for “being,” whose sense “does not leave us indifferent” as the leitmotiv of Ancient Philosophy . Nev- ertheless, in his lectures on Plato and Europe, Patočka points out that you must be careful not to confuse the phenomena of things, of existens, with the phenomena of being . Finally, Patočka’s legacy is found in the efforts to reconcile the life-feeling with the modern construction of reality, which means “a radical reconstruction of the naive and natural world of common sense .” In some ways, intentionality is to be revised . (shrink)

The A-theory of time is plagued by certain standard armchair problems: the presentism–eternalism dilemma, the problem of truth-makers, the alleged impossibility of cross-temporal relations, and the problem of temporary intrinsics. These challenges supposedly force A-theories to make incredible claims. I argue that these challenges are not deep antinomies in common sense, but rest on avoidable mistakes. Then I present a new A-theory that shows what’s possible once we move past the old problems. On this proposal, time’s passing is (...) a metaphysically fundamental aspect of reality. I take this to mean that there are fundamental facts like: four hours passed from 8am today until noon. This A-theory also posits fundamental facts about the state of the universe at a time, and about cross-temporal relationships. The proposed metaphysical package attractively articulates our common sense, pre-relativistic conception of time. (shrink)

The essay constructs an ontological theory designed to capture the categories instantiated in those portions or levels of reality which are captured in our common sense conceptual scheme. It takes as its starting point an Aristotelian ontology of “substances” and “accidents”, which are treated via the instruments of mereology and topology. The theory recognizes not only individual parts of substances and accidents, including the internal and external boundaries of these, but also universal parts, such as the “humanity” (...) which is an essential part of both Tom and Dick, and also “individual relations”, such as Tom’s promise to Dick, or their current handshake. (shrink)

Can there be a theory-free experience? And what would be the object of such an experience. Drawing on ideas set out by Husserl in the “Crisis” and in the second book of his “Ideas”, the paper presents answers to these questions in such a way as to provide a systematic survey of the content and ontology of common sense. In the second part of the paper Husserl’s ideas on the relationship between the common-sense world (what he (...) called the ‘life-world’) and the world of physical theory are subjected to a critical evaluation. The relation of Husserl’s ideas to current work in folk psychology and naive physics and to the direct realism of J. J. Gibson are also treated. (shrink)

The project of a naive physics has been the subject of attention in recent years above all in the artificial intelligence field, in connection with work on common-sense reasoning, perceptual representation and robotics. The idea of a theory of the common-sense world is however much older than this, having its roots not least in the work of phenomenologists and Gestalt psychologists such as Kohler, Husserl, Schapp and Gibson. This paper seeks to show how contemporary naive physicists (...) can profit from a knowledge of these historical roots of their discipline, which are shown to imply above all a critique of the set-theory-based models of reality typically presupposed by contemporary work in common-sense ontology. (shrink)

The purpose of this paper is to show that the mathematics of quantum mechanics is the mathematics of set partitions linearized to vector spaces, particularly in Hilbert spaces. That is, the math of QM is the Hilbert space version of the math to describe objective indefiniteness that at the set level is the math of partitions. The key analytical concepts are definiteness versus indefiniteness, distinctions versus indistinctions, and distinguishability versus indistinguishability. The key machinery to go from indefinite to more definite (...) states is the partition join operation at the set level that prefigures at the quantum level projective measurement as well as the formation of maximally-definite state descriptions by Dirac’s Complete Sets of Commuting Operators. This development is measured quantitatively by logical entropy at the set level and by quantum logical entropy at the quantum level. This follow-the-math approach supports the Literal Interpretation of QM—as advocated by Abner Shimony among others which sees a reality of objective indefiniteness that is quite different from the common sense and classical view of reality as being “definite all the way down”. (shrink)

I discuss the role of translatability in philosophical justification. I begin by discussing and defending Thomas Reid’s account of the role that facts about comparative linguistics can play in philosophical justification. Reid believes that common sense offers a reliable but defeasible form of justification. We cannot know by introspection, however, which of our judgments belong to common sense. Judgments of common sense are universal, and so he argues that the strongest evidence that a judgment (...) is a part of common sense is that it is to be found in all languages. For Reid, then, evidence that a certain distinction is to be found in all languages is evidence that the distinction is part of common sense rather than being a common local prejudice. From such a perspective, empirical work in comparative linguistics can play a defeasible justificatory role in philosophical arguments. I contrast Reid’s position with the more radical position of defenders of the Natural Semantic Metalanguage approach, such as Anna Wierzbicka, who argues that only judgments that are translatable into all natural languages are justifiable. I show how such a position is rooted in an implausible view, although one common among cognitive scientists and linguistics, about the nature of concepts, which does not allow for novel concepts. (shrink)

Contra recent, inflationary views, the paper submits a deflationary approach to legal ontology. It argues, in particular, that to answer ontological questions about legal entities, we only need conceptual analysis and empirical investigation. In developing this proposal, it follows Amie Thomasson’s ‘easy ontology’ and her strategy for answering whether ordinary objects exist. The purpose of this is to advance a theory that, on the one hand, does not fall prey to sceptical views about legal reality (viz., that ontological truths (...) about legal entities are established by metaphysical principles); and, on the other, is compatible with common-sense jurisprudence (viz., that there in fact exist legal entities, and they all have important practical implications). While this methodology is common to legal philosophers interested in elucidating the ‘artifactual nature’ of law, the paper departs from their projects by taking a step forward in connecting this deflationary approach to legal ontology with an expressivist account of legal discourse, thus providing enough resources to satisfy the general ambition of jurisprudence, viz., to establish the conditions for the analysis of legal reality and its normative character. (shrink)

Kant’s Prolegomena is a piece of philosophical advertising: it exists to convince the open-minded “future teacher” of metaphysics that the true critical philosophy — i.e., the Critique — provides the only viable solution to the problem of metaphysics (i.e. its failure to make any genuine progress). To be effective, a piece of advertising needs to know its audience. This chapter argues that Kant takes his reader to have some default sympathies for the common-sense challenge to metaphysics originating from (...) Thomas Reid and his followers; this fact in turn explains his rhetorical strategies in the Prolegomena, particularly regarding the presentation of the problem of metaphysics. The chapter draws attention to the importance of Shaftesbury, who, with a nod to Horace, had argued for the deployment of humour to disarm fraudulent claims to epistemic and moral authority. Kant looks to Horace himself to poke fun at the common-sense challenge to metaphysics, and from there to indicate the general shape of the particular argumentative strategies of the Critique — that project that alone, in his view, can promise some kind of future for metaphysics. (shrink)

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

Some philosophical theories of the nature of color aim to respect a "common sense" conception of color: aligning with the common sense conception is supposed to speak in favor of a theory and conflicting with it is supposed to speak against a theory. In this paper, we argue that the idea of a "common sense" conception of color that philosophers of color have relied upon is overly simplistic. By drawing on experimental and historical evidence, (...) we show how conceptions of color vary along several dimensions and how even supposedly "core" components of the contemporary "common sense" conception of color are less stable than they have been thought to be. (shrink)

Outside the philosophy classroom, global skeptics – skeptics about all (purported) knowledge of the external world – are rare. But there are people who describe themselves as “skeptics” about various more specific domains, including self-professed “skeptics” about the reality of anthropogenic climate change. There is little to no philosophical literature that juxtaposes the climate change skeptic with the external world skeptic. While many “traditional” epistemologists assume that the external world skeptic poses a serious philosophical challenge in a way that (...) the climate change skeptic doesn’t, many “applied” or “social” epistemologists assume that there isn’t much to be learned from debates about the external world skeptic, finding her challenge to be distant from both common sense and real-world concerns. I try to show that both of these views are mistaken. The external world skeptic raises deep questions that are important for our everyday deliberation about what to believe, and there are significant structural parallels between the arguments for external world skepticism and those for at least a form of climate change skepticism that is idealized – but not too idealized! – from the views of flesh-and-blood climate change skeptics. As such, we have strong reasons to think in parallel about how to reply to both skeptics’ challenges. I thus finish by (briefly) considering how different widespread responses to the external world skeptic might or might not generalize happily to the climate change skeptic’s challenge. (shrink)

The paper examines the plausibility of analytical dispositionalism about practical reason, according to which the following claims are conceptual truths about common sense ethical discourse: i) Ethics: agents have reasons to act in some ways rather than others, and ii) Metaphysical Modesty: there is no such thing as a response independent normative reality. By elucidating two uncontroversial assumptions which are fundamental to the common sense commitment to ethics, I argue that common sense ethical (...) discourse is most plausibly construed as committed to the denial of metaphysical modesty, and thereby as committed to the existence of a response independent normative reality. (shrink)

Alexander Campbell once declared “a solemn league and covenant” between philosophy and common sense. Campbell’s pronouncement is representative of a broader trend in the Restorationist movement to look favorably on the common sense response to skepticism—a response originating in the work of Scottish philosopher and former minister Thomas Reid. I recount the tumultuous history between philosophy and common sense followed by the efforts of Campbell and Reid to reunite them. Turning to the present, I (...) argue that an epistemic principle known as phenomenal conservatism best embodies the core insights contained within Reid and Campbell's common sense response to skepticism. I finish by arguing for phenomenal conservatism. (shrink)

In this article I focus on some unduly neglected common-sense considerations supporting the view that one's evidence is the propositions that one knows. I reply to two recent objections to these considerations.

The main claim of this paper is that Andy Clark's most influential argument for ‘the extended mind thesis’ (EM henceforth) fails. Clark's argument for EM assumes that a certain form of common-sense functionalism is true. I argue, contra Clark, that the assumed brand of common-sense functionalism does not imply EM. Clark's argument also relies on an unspoken, undefended and optional assumption about the nature of mental kinds—an assumption denied by the very common-sense functionalists on (...) whom Clark's argument draws. I also critique Mark Sprevak's reductio of Clark's argument. Sprevak contends that Clark's argument does not merely entail EM; it entails an extended mind thesis so strong as to be absurd. He goes on to claim that Clark's argument should properly be viewed as a reductio of the very common-sense functionalism on which it depends. Sprevak's argument shares the flaw that afflicts Clark's argument, or so I claim. (shrink)

The problem of philosophical skepticism relates to the difficulty involved in underwriting the claim that we know anything of spatio-temporal reality. It is often claimed, in fact, that proper philosophical scrutiny reveals quite the opposite from what common sense suggests. Knowledge of external reality is thought to be even quite obviously denied to us as a result of the alleged fact that we all fail to know that certain skeptical scenarios do not obtain. A skeptical scenario (...) is one in which we have neurological occurrences just like any normal situation in which we actually perceive spatio-temporal objects, but where we are deceived in some sense as a result of the manipulation of our brains from some outside source. In this work I attempt to address the problem of philosophical skepticism by claiming that most of us are able to come to know plenty about external reality, since we can come to realize that a certain philosophical theory of perception is correct. The theory I have in mind is what I call a non-cognitive theory of perception. According to this view, perceptual experience is defined by continuous, sensitive behavioral interaction with spatio-temporal objects of the appropriate size, shape, hardness, speed, etc. Knowing that this theory of perception is correct is equivalent to knowing that we know plenty about external reality. This is ultimately because by knowing that a non-cognitive theory of perception is true, we know that any skeptical scenario must fail to obtain. The structure of the work proceeds by first discussing the significance of the problem of philosophical skepticism in some detail. Chapter 1 lays out how the problem does indeed forcefully arise if it is conceded that we fail to know that the skeptical scenarios fail to obtain. Chapter 2 develops the sort of view of our epistemological situation that falls out of accepting without qualification that the problem exists. Chapter 3 examines and criticizes certain popular responses to the skeptical problem. The main goal of these first three preliminary chapters is to indicate that once it is admitted that we fail to know that the skeptical scenarios fail to obtain, the problem of philosophical skepticism forcefully presents itself. Chapter 4, however, attacks the idea that we fail to know that the skeptical scenarios fail to obtain. In this chapter I argue that this idea is wedded to the position that a certain theory of perception is correct. The theory in question is what I call a conjunctive theory of veridical experience. According to this view, normal experience of spatio-temporal objects occurs when a subject has a certain perceptual experience, and that experience also happens to match up with and/or be satisfied by what is really the case. Only when a theory of this sort is assumed, I argue, is the claim that we fail to know that the skeptical scenarios fail to obtain found to be obvious. In chapter 5 I argue that, in fact, a non-cognitive theory, rather than a conjunctive theory, is the correct view to maintain. In the final chapter 6 I develop the epistemological position that falls out of accepting a non-cognitive theory. (shrink)

In this paper, I endorse and defend the Common Sense View of Time (CSVT), i.e. Presentism plus the A-theory of time, by arguing for the objective reality of temporal passage.

ABSTRACT: Sellars formulated his thesis of 'psychological nominalism' in two very different ways: (1) most famously as the thesis that 'all awareness of sorts…is a linguistic affair', but also (2) as a certain thesis about the 'psychology of the higher processes'. The latter thesis denies the standard view that relations to abstract entities are required in order to explain human thought and intentionality, and asserts to the contrary that all such mental phenomena can in principle ‘be accounted for causally' without (...) any use of normative terms in the explanation. Recent 'Hegelian Sellarsians' such as Rorty, McDowell, and Brandom have argued that the holistic, normative themes in (1) support various non-realist or rather (German) 'idealist but common-sense realist' outlooks. By contrast, Sellars' own defenses of (2) reveal psychological nominalism itself to be a naturalistic empiricism intended to sustain the normative-holistic themes in (1) within an exhaustively scientific naturalist conception of reality. (shrink)

What is a number? Answering this will answer questions about its philosophical foundations - rational numbers, the complex numbers, imaginary numbers. If we are to write or talk about something, it is helpful to know whether it exists, how it exists, and why it exists, just from a common-sense point of view [Quine, 1948, p. 6]. Generally, there does not seem to be any disagreement among mathematicians, scientists, and logicians about numbers existing in some way, but currently, in (...) the mainstream arena only definitions, descriptions of properties, and effects are presented as evidence. Enough historical description of numbers in history provides an empirical basis of number, although a case can be made that numbers do not exist by themselves empirically. Correspondingly, numbers exist as abstractions. All the while, though, these "descriptions" beg the question of what numbers are ontologically. Advocates for numbers being the ultimate reality have the problem of wrestling with the nature of reality. I start on the road to discovering the ontology of number by looking at where people have talked about numbers as already existing: history. Of course, we need to know not only what ontology is but the problems of identifying one, leading to the selection between metaphysics and provisional approaches. While we seem to be dimensionally limited, at least we can identify a more suitable bootstrapping ontology than mere definitions, leading us to the unity of opposites. The rest of the paper details how this is done and modifies Peano's Postulates. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

A dramatic problem facing the concept of the self is whether there is anything to make sense of. Despite the speculative view that there is an essential role for the perceiver in measurement, a physicalist view of reality currently seems to be ruling out the conditions of subjectivity required to keep the concept of the self. Eliminative materialism states this position explicitly. The doctrine holds that we have no objective grounds for attributing personhood to anyone, and can therefore (...) dispense with the concept. That implication would require us to dispense with many of the most basic commitments of our manifest or common sense image of the world. And it would require us to abandon, to maintain as an act of bad faith, or radically to adjust, virtually every significant basic commitment underlying the variety of traditions that have evolved historically from the (natural) platform of common sense. Daniel Dennett’s sympathies seem to be divided over this issue. He is reluctant to eliminate the most fundamental linguistic-conceptual-institutional commitments that have evolved from common sense. Yet, I will argue, the basis of his support for these, beneath the surface of his rhetoric, is a mirage. His view of persons and related (intentional) concepts is a case in point. In place of the eliminative materialist position, Dennett recommends that we regard the self as a highly useful “theorist’s fiction.” He adopts a similar epistemic stance toward intention, belief, mind, and so on. In this paper I aim to show that Dennett’s recommendation is based on a subtle version of the dualism of subject and object (or scheme and content), which he seems to agree that we should transcend. Against Dennett’s view of the self as a “theorist’s fiction,” I argue in favour of a version of Donald Davidson’s realist thesis that, once we properly appreciate the significance of abandoning this pervasive dualism, we can maintain the self and associated intentional items – belief, mind, and so on – within a thoroughly realist ontology. (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)

What role does ‘ordinary language philosophy’ play in the defense of common sense beliefs? J.L. Austin and Ludwig Wittgenstein each give central place to ordinary language in their responses to skeptical challenges to common sense beliefs. But Austin and Wittgenstein do not always respond to such challenges in the same way, and their working methods are different. In this paper, I compare Austin’s and Wittgenstein’s metaphilosophical positions, and show that they share many metaphilosophical commitments. I then (...) examine Austin and Wittgenstein’s respective takes on the problem of other minds and the problem of our knowledge of the external world. Interestingly, we find Wittgenstein employing methods more frequently associated Austin and vice versa. Moreover, we find that a variety of defenses of common sense beliefs are compatible with ‘ordinary language philosophy.’. (shrink)