One of the most salient contemporary concerns in academic debates and pop culture alike is the extent to which new technologies may re-cast Homo sapiens. Species members may find themselves encased in a type of existence they deem to be wanting in comparison with their present form, even if the promised form was assured to be better. Plausibly, the concern is not merely fear of change or of the unknown, but rather it arises out of individuals’ general identification with what (...) they are and what their friends and family are. In altering that identity beyond a point, they lose it and thus lose themselves in a kind of living death. The three volumes analysed in this essay offer widely differing perspectives on the relations between humans and new technology. As the three works reviewed here together make clear, a whole, fully coherent, definitive work on the composite redesign of human nature (CROHN) still has yet to materialize. (shrink)

In this paper we investigate composition models of incarnation, according to which Christ is a compound of qualitatively and numerically different constituents. We focus on three-part models, according to which Christ is composed of a divine mind, a human mind, and a human body. We consider four possible relational structures that the three components could form. We argue that a ‘hierarchy of natures’ model, in which the human mind and body are united to each other in the (...) normal way, and in which they are jointly related to the divine mind by the relation of co-action, is the most metaphysically plausible model. Finally, we consider the problem of how Christ can be a single person even when his components may be considered persons. We argue that an Aristotelian metaphysics, according to which identity is a matter of function, offers a plausible solution: Christ's components may acquire a radically new identity through being parts of the whole, which enables them to be reidentified as parts, not persons. (shrink)

Is the being in an irreversible persistent vegetative state as the result of a horrible accident numerically identical to the human person, Lindsay, who existed before the accident? Many proponents of Thomistic metaphysics have argued that Aquinas’s answer to this question must be “yes.” In particular, it seems that Aquinas’s commitment to both Aristotelian hylomorphism and the unity of substantial form (viz., that each body/soul composite possesses one and only one substantial form) entails the position that the (...) class='Hi'>human person remains alive as long as biological life persists. I argue, however, that although Aquinas does possess a deeply integrated account of human nature and is indeed committed to the claim that the person, Lindsay, exists as long as Lindsay’s body lives, there is good reason to suppose that he also holds that the body in the PVS is not Lindsay’s body in anything more than an equivocal sense. (shrink)

This paper attempts to do the following things. First, it reinterprets the notion of «mind engineering» from a more neutral standpoint and offers a totally new approach to the phenomenon. Thus, instead of looking at the phenomenon from a wholly negative perspective (such as identification of mind engineering with «brainwashing», «mind control» and other coercive and manipulatory techniques), it defines mind engineering as the process of «design/redesign, implementation/reimplementation, evaluation/reevaluation of minds». In itself, this process can be deliberate or forceful. (...) Here, the author looks at deliberate mind engineering primarily. Secondly, the «mind» is defined as a set of beliefs, and the latter, following Charles Peirce, is interpreted as the set of habits. The phenomenon of habit is interpreted pragmatically-hermeneutically and is defined as a «‘fixed’ functional interpretation of the world and one’s place in it that either works or does not work». If a specific interpretation constantly works, it constitutes a «good» habit. If it does not work, it means a «bad» habit. Unlike the current social-psychological approaches to habit as goal-independent and automatic, and therefore «mindless»/non-cognitive, the author claims that habits are essentially goal-dependent, and cognitive. The habit’s main goal is to resolve the problematic situation that the organism is in. Habit’s cognitive element is grounded in the organism’s interpretive effort that allows it to specify a problematic situation as problematic. Therefore, the connection between the organism and a situation is not direct/immediate but rather is mediated via functional interpretive meaning. In the end, mind engineering must be taken as «habit engineering», and, thus understood, the phenomenon in question can be seen as one of the key phenomena to clarify human nature. (shrink)

To explain the evolutionary emergence of uniquely human skills and motivations for cooperation, Tomasello et al. (2012, in Current Anthropology 53(6):673–92) proposed the interdependence hypothesis. The key adaptive context in this account was the obligate collaborative foraging of early human adults. Hawkes (2014, in Human Nature 25(1):28–48), following Hrdy (Mothers and Others, Harvard University Press, 2009), provided an alternative account for the emergence of uniquely human cooperative skills in which the key was early human (...) infants’ attempts to solicit care and attention from adults in a cooperative breeding context. Here we attempt to reconcile these two accounts. Our composite account accepts Hrdy’s and Hawkes’s contention that the extremely early emergence of human infants’ cooperative skills suggests an important role for cooperative breeding as adaptive context, perhaps in early Homo. But our account also insists that human cooperation goes well beyond these nascent skills to include such things as the communicative and cultural conventions, norms, and institutions created by later Homo and early modern humans to deal with adult problems of social coordination. As part of this account we hypothesize how each of the main stages of human ontogeny (infancy, childhood, adolescence) was transformed during evolution both by infants’ cooperative skills “migrating up” in age and by adults’ cooperative skills “migrating down” in age. (shrink)

Just like Rudolf Carnap, but in a slightly different composition, I divide language into three types of conceptual means: classification, specifically scientific and specifically general comparative concepts of different types. I associate classification concepts with the ability to reason on any topic, that is, with reasonable thinking. Concrete scientific comparative concepts determine the comprehension of natural and social processes, their objective cognition in the form of rational thinking (reason), while concrete universal comparative concepts define philosophy (wisdom), understood as knowledge of (...) the universal. Based on three types of thinking (prudence, reason, wisdom) in 2010 at a symposium in Greece, I presented the ideas of morality in the context of human development in the form of a proposed article. (shrink)

Among medieval Aristotelians, William of Ockham defends a minimalist account of artifacts, assigning to statues and houses and beds a unity that is merely spatial or locational rather than metaphysical. Thus, in contrast to his predecessors, Thomas Aquinas and Duns Scotus, he denies that artifacts become such by means of an advening ‘artificial form’ or ‘form of the whole’ or any change that might tempt us to say that we are dealing with a new thing (res). Rather, he understands artifacts (...) as per accidens composites of parts that differ, but not so much that only divine power could unite them, as in the matter and form of a proper substance. For Ockham, artifacts are essentially rearrangements, via human agency, of already existing things, like the clay shaped by a sculptor into a statue or the stick and bristles and string one might fashion into a broom. Ockham does not think that a new thing is thereby created, although his emphasis on the contribution of human artisans seems to leave questions about the ontological status of their agency open. In any case, there are no such things as natural statues, any more than substances created by human artifice. (shrink)

Can the persistence of a human being's soul at death and prior to the bodily resurrection be sufficient to guarantee that the resurrected human being is numerically identical to the human being who died? According to Thomas Aquinas, it can. Yet, given that Aquinas holds that the human being is identical to the composite of soul and body and ceases to exist at death, it's difficult to see how he can maintain this view. In this (...) paper, I address Aquinas's response to this objection . After making a crucial clarification concerning the nature of the non-repeatability principle on which the objection relies, I argue that the contemporary notion of immanent causal relations provides us with a way of understanding Aquinas's defence that renders it both highly interesting and philosophically plausible. (shrink)

Human nature has always been a foundational issue for philosophy. What does it mean to have a human nature? Is the concept the relic of a bygone age? What is the use of such a concept? What are the epistemic and ontological commitments people make when they use the concept? In What’s Left of Human Nature? Maria Kronfeldner offers a philosophical account of human nature that defends the concept against contemporary criticism. In (...) particular, she takes on challenges related to social misuse of the concept that dehumanizes those regarded as lacking human nature (the dehumanization challenge); the conflict between Darwinian thinking and essentialist concepts of human nature (the Darwinian challenge); and the consensus that evolution, heredity, and ontogenetic development results from nurture and nature. After answering each of these challenges, Kronfeldner presents a revisionist account of human nature that minimizes dehumanization and does not fall back on outdated biological ideas. Her account is post-essentialist because it eliminates the concept of an essence of being human; pluralist in that it argues that there are different things in the world that correspond to three different post-essentialist concepts of human nature; and interactive because it understands nature and nurture as interacting at the developmental, epigenetic, and evolutionary levels. On the basis of this, she introduces a dialectical concept of an ever-changing and “looping” human nature. Finally, noting the essentially contested character of the concept and the ambiguity and redundancy of the terminology, she wonders if we should simply eliminate the term “human nature” altogether. (shrink)

Society is a composite of interacting people and groups. These groups play a significant role in maintaining social status, establishing group identity and social identity, and enforcing norms. As such, groups are essential for understanding human behavior. Nevertheless, the study of groups in everyday group life yields many diverse and sometimes contradicting theories of group behavior, and researchers tend to agree that we have yet to understand the emergence of groups out of aggregates of individuals. The current paper (...) aims to shed new light on the convoluted interrelation between groups and individuals by focusing on individuals’ social identities and group categorization. It does so by exploring the dynamic nature of the self and its implications on identity and group membership, and introducing a framework recognizing the fluidity of groups and group categorization. Incorporating historical insights with contemporary theories, this paper argues for a flexible understanding of group dynamics that surpasses rigid in-group and out-group classifications, proposing instead that group affiliations exist along a continuum that reflects the ever-changing social landscape. (shrink)

It is now widely accepted that a scientifically credible conception of human nature must reject the folkbiological idea of a fixed, inner essence that makes us human. We argue here that to understand human nature is to understand the plastic process of human development and the diversity it produces. Drawing on the framework of developmental systems theory and the idea of developmental niche construction we argue that human nature is not embodied in (...) only one input to development, such as the genome, and that it should not be confined to universal or typical human characteristics. Both similarities and certain classes of differences are explained by a human developmental system that reaches well out into the 'environment'. We point to a significant overlap between our account and the ‘Life History Trait Cluster’ account of Grant Ramsey, and defend the developmental systems account against the accusation that trying to encompass developmental plasticity and human diversity leads to an unmanageably complex account of human nature. (shrink)

According to standard, pre-philosophical intuitions, there are many composite objects in the physical universe. There is, for example, my bicycle, which is composed of various parts - wheels, handlebars, molecules, atoms, etc. Recently, a growing body of philosophical literature has concerned itself with questions about the nature of composition.1 The main question that has been raised about composition is, roughly, this: Under what circumstances do some things compose, or add up to, or form, a single object? It turns (...) out that it is surprisingly difficult to give a satisfactory answer to this question that accords with standard, pre-philosophical intuitions about the universe's composite objects. In fact, the three rival views in response to this question that have received the most support in the literature are (i) that there are no objects composed of two or more parts (which means that there are no stars, chairs, humans, or bicycles);2 (ii) that the only objects composed of two or more parts are living organisms (which still means no stars. (shrink)

The closing chapters of Aristotle’s Nicomachean Ethics x are regularly described as “puzzling,” “extremely abrupt,” “awkward,” or “surprising” to readers. Whereas the previous nine books described—sometimes in lavish detail—the multifold ethical virtues of an embodied person situated within communities of family, friends, and fellow-citizens, NE x 6-8 extol the rarified, god-like and solitary existence of a sophos or sage (1179a32). The ethical virtues that take up approximately the first half of the Ethics describe moral exempla who experience fear fighting for (...) their communities, are sensitive to the esteem and recognition of others, and feel love for a desire to live together with a wide variety of kinds of friends. Such good people take pleasure in prudently expending sums to improve their communities—communities in which they exchange goods and participate in ruling and being ruled in a cooperative fashion. The exemplum of x 7-8, by contrast, is a person whose activity consists almost entirely in exercising his or her mind (nous)—a part of one’s soul that Aristotle explicitly notes is disconnected from human emotions and that can be exercised, insofar as one as wise, in a wholly solitary fashion (1178a15-16, a19-20; 1177a33-34). Although Aristotle’s claim that a “life in accord with the mind” is best and most pleasant (1178a6-7) may jar the intuitions of many people—he himself endorses Anaxagoras’ claim that the happy person will appear as “someone who is absurd” (atopos, 1179a15) to most people—it is false to claim that his conclusions in NE x 6-8 are unexpected or unanticipated, or that the text is in any way discontinuous with what precedes it. The Nicomachean Ethics exhibits aspects of ring-composition both within the work as a whole and within book 10. In NE i 5 Aristotle introduces his rendition of a trope that he inherits (most immediately) from Plato, viz. that the problem of the good can be considered like a contest between three different kinds of life—the life of enjoyment (apolaustikos), the life of politics (politikos), and the life of contemplation (theôrêtikos). NE x 6-8 returns to that contest, rendering a verdict about which life takes first, second, and third place. As the opening lines of NE x 6 note, that verdict presupposes central claims articulated between the first and last books of the Ethics, specifically about the nature of the virtues, the nature of friendship, and the nature of pleasure. NE i 5 and x 6-8 thus serve as “bookends” which encase arguments and proposition located between them. Book 10 exhibits a similar ring-composition. NE x opens with methodological reflection on the gap between the theoretical positions that thinkers articulate and the way they live their lives (especially in the case of scolds who simultaneously criticize pleasure on a scientific level but seek it on a practical level [1172a33-b8]). Chapter 8 concludes with an explicit reiteration of the methodological point, a reiteration that underscores how Aristotle’s treatment of the contest of lives incorporates central aspects of the discussion of pleasure in NE x 1-5. Aristotle’s reiteration of the problem of a gap between theory and practice also draws attention to the centrality of his treatment of pleasure in his adjudication of the three lives. Although the life of pleasure takes a distant third in the contest of lives, the contemplative life wins the contest in part because it itself is the most pleasant form of life. The central philosophical problem looming behind Aristotle’s treatment of the contest of lives concerns the relationship between the notion of activity (energeia) and the notion of a way of life (bios). In the last four decades, much of the scholarship on NE x 6-8 has sought to address the question of what activities a certain way of life includes or excludes. “Monistic” or “dominant” end interpretations of the best life have viewed it as including only contemplative activities whereas “inclusivist” end interpretations of the best life have viewed it as including non-contemplative activities. Although this chapter largely side-steps this debate—partially because there are ample recent first-rate introductory treatments of the debate, partially because I have addressed the question elsewhere in my own writing —I argue that focusing solely on the contest between the two best ways of life overshadows the way that Aristotle incorporates insights from the third way of life into the best way of life. Although the notion of a contest among different kinds of lives presupposes that the lives are mutually exclusive, Aristotle has no problem saying that the contemplative life trumps the life of pleasure because the contemplative life is more pleasant. I proceed in two parts. In the first part I examine what I will call the “outer” ring of the Ethics, namely the relationship between the contest of lives proposed in NE i 5 and its overall resolution in x 6-8. I show how i 5 and x 6 establish the framework for the contest, how x 7 adjudicates that contest in large part by relying upon premises articulated in the interim between books 1 and 10, and how x 6 and x 8 determine the second and third place positions in the contest. In the second part I focus on what I will call the “inner” ring of NE x. More than half of NE x struggles with the nature of pleasure, its role in a happy life, and the methodological problems of examining pleasure within a practical science. I show how x 1 and x 8 are “bookends” that underscore the methodological problem of examining pleasure and how the contest of lives draws upon the proximate conclusions concerning the nature of pleasure in NE x 1-5. (shrink)

The conceptual model of United Nations reform - "UN 3.0" includes the General Program of Action on UN Reform, consisting of two stages. The first stage for 2020-2025 envisages the transformation of the main organs of the UN - the General Assembly and the Security Council with measures to improve the effectiveness of the management system, address the "veto problem", problem of financing, improve staff work and administrative and financial control, strengthen UN media, improvement of work with the global civil (...) society. The General Assembly is converted into the General All-Parliamentary Assembly of the UN. In the structure of the Assembly, the Council for Law is being established, which coordinates the activities of UN structures in the field of law. To coordinate the activities of the UN in the field of human rights and civil society, ethical issues, the General all-parliamentary Assembly creates the Council on ethics, human rights and civil society and transforms the Committee on information into the Council on public information and communication with civil society. The structure of the Council includes all UN media. The reform of the UN Security Council is carried out in three sub-stages. At the 1st sub-stage (2020-2021) the Security Council is transformed into the Council of Existential Security (CES). The membership of the CES is increased to 25 member countries, of which five countries have the right of the unconditional (absolute, eternal) veto: Great Britain, France, China, Russian Federation, USA. The General All-Parliamentary Assembly elects 15 new permanent members of the Council of Existential Security with the right of the conditional (limited) veto: Argentina, Australia, Brazil, Canada, Egypt, Germany, India, Indonesia, Italy, Mexico, South Africa, Nigeria, Pakistan , Turkey, Japan (if they fulfill the mandatory restrictive conditions). At this sub-stage, the CES elects also five non-permanent members with the right of a conditional (limited) veto when they meet the mandatory restrictive conditions, with a rotation period of 2 years from geographical regions (or regional unions): Africa, Latin America and the Caribbean, Asia and the Pacific Ocean (2 places), Eastern Europe. On the second sub-stage (2022-2023), subject to the effective activity of the CES of the enlarged composition and compliance with mandatory restrictive conditions, new permanent members of the "Existential Security Council" are elected with the right of a conditional (limited) veto: Iran, Spain, Poland, Saudi Arabia. Members of the CES may be regional unions, whose member countries are not represented in the CES, but still have one vote with the right of a conditional (limited) veto. -/- Two essential levels of the veto: 1. Unconditional (absolute, eternal) veto is the historical right of veto of the five permanent members of the Council of Existential Security - Great Britain, China, Russia, USA, France; 2. Сonditional (limited) veto is the veto of other permanent and non-permanent members of the Council of Existential Security. The right of veto is a unique international school for the achievement of consensus, a school of high democracy for Humanity, a reliable guarantee of the viability of the UN structure. The Council for Existential Security centralises the management of the UN subsidiary bodies with the expansion of their security functions: the Military Staff Committee, the Counter-Terrorism Committee, the Committee for the Prevention of the Spread of Nuclear, Chemical and Biological Weapons, the Sanctions Committees and other committees. On the basis of the decision of the Council of Existential Security, the General All-Parliamentary Assembly creates permanent contingents of UN peacekeeping and counter-terrorism forces. In addition, two Centers are being created in the structure of the Council for Existential Security: the World Center for the Elimination of the Effects of Technogenic and Natural Disasters with branches on all continents and the World Center for the Analysis of Existential Risks and the Overall Security Strategy. The Center is developing the Programs of research and monitoring of global existential threats and risks. In order to increase the level of legitimacy and authority of the Secretary General of the United Nations, the Rules of procedure for elections to this post are changing. Each member country of the Council for Existential Security represents one of the most authoritative candidates for election to the post of Secretary General at the session of the General All-Parliamentary Assembly, with the possibility of nominating candidates from other countries, including those not members of the Council for Existential Security. Elections are held in two rounds during one day of the session of the Assembly. The Legal Committee of the UN General Assembly is developing a Program for the Reform of the Judicial System of the United Nations, which takes into account the proposals of the previous international discussion and determines the scope and terms of the reform of the courts. In accordance with the Program of Action on UN Reform for 2020-2025, reforms are under way in the structure of the Economic and Social Council. The central task of the reform is to strengthen the coordinating role of ECOSOC in the entire system of UN-related specialized agencies, funds and programs related to the Council. The key task of the UN reform is the solution of the financing problem. A unified "UN Open Budget "Solidarity XXI" is being created, including the financing of peacekeeping operations and other expenses. Each country, a member of the United Nations, lists in an established period, once a year, an Existential contribution - the Earth Tax. The Earth Tax for each UN member state is established on the basis of four scales of calculation: Scale I - for 5 permanent members of the Council of Existential Security, who have the right of absolute (absolute) veto; Scale II - for the permanent members of the SEB, who have the right to a conditional (limited) veto; Scale III - for non-permanent members of the SEB, who have the right to a conditional (limited) veto; Scale IV - for all other UN member countries. The program of action on UN reform includes a set of measures to ensure transparent work of the International Civil Service Commission with the involvement of the UN media. To strengthen control functions in the sphere of personnel policy, administrative and financial management, the General All-Parliamentary Assembly of the United Nations establishes the Permanent Commission on Ethics and Administrative and Financial Control. All members of the Commission, members of the Committees and auditors are independent in their activities from the leadership of the United Nations, its funds and programs. The General All-Parliamentary Assembly completes the first stage of the Program of Action on UN Reform in 2025 and, following an open discussion, introduces a single language of international communication - Esperanto and approves it as the official language of the United Nations. With a view to more effective work of the central UN governing bodies in the face of increasing existential threats and risks, reducing the current expenses for the maintenance of the central bodies of the UN, the Council for Existential Security and the General All-Parliamentary Assembly decide on the relocation of the UN headquarters to Iceland. The UN building complex in New York is transferred to preferential use of non-governmental organizations, which contribute to the implementation of the goals of the United Nations. At the second stage of the UN reform in the period 2026-2028, additional necessary transformations are being made in the UN system. At the end of the first stage of the reform, taking into account the reforms carried out by the main organs of the United Nations and the internal improvement of the work of all its structures, the United Nations Program of Action for the years 2026-2028 is being developed. (shrink)

It has become increasingly common recently to construe human natureas setting some pretty stringent limits to moral endeavour. Many consequentialists, in particular, take considerations concerning human nature to defeat certain demanding norms that would otherwise follow from their theory. One argument is that certain commitments ground psychological incapacitiesthat prevent us from doing what would maximize the good. Another is that we would be likely to suffer some kind of psychological demoralization if we tried to become significantly more (...) selfless. I argue that influential versions of both of these arguments underestimate our deliberative resources, and also fail to examine the kind of moral sources that may be able to sustain rigorous moral endeavour. Pessimism about our capacities for such endeavour results from the neglect of these factors, rather than from uncovering any significant limitations in human nature. (shrink)

Human nature is a concept that transgresses the boundary between science and society and between fact and value. It is as much a political concept as it is a scientific one. This chapter will cover the politics of human nature by using evidence from history, anthropology and social psychology. The aim is to show that an important political function of the vernacular concept of human nature is social demarcation (inclusion/exclusion): it is involved in regulating (...) who is ‘us’ and who is ‘them.’ It is a folk concept that is used for dehumanization, for denying (a) membership in humankind or (b) full humanness to certain people in order to include or exclude them from various forms of politically relevant aspects of human life, such as rights, power, etc. (shrink)

Natural basis of the Sophistic conception of man — an outline. Following the tradition of the philosophy of nature, influenced by hippocratic medicine, Sophists claim that human-being is a biological creature, a part of the world of nature, subject to its rules and rights. Convinced that human-being is a composition of physical and spiritual elements and interested in the relation between the two, the Sophists examine the impact of psychological and physical stimuli on human behaviour. (...) They take under scrutiny various human states (pathe) such as sleep, wakefulness, sickness, madness, love, hatred. They emphasize the uniqueness and "private" character of individual perceptions and states which are dependent on the particular situation of a given subject. For these reasons, as they maintain, the nature of human cognition must be "private", fragmentary and limited. (shrink)

Like most writing on human behavior, these articles lack a coherent framework and so I hesitate to recommend this book to anyone, as the experienced ought to have about the same perspective I do, and the naïve will mostly be wasting their time. Since I find most of these essays obviously off the mark or just very dull, I can't generate much enthusiasm for commenting on them, so after providing what I consider a reasonable precis of a framework (see (...) my other articles for an expanded version) I provide cursory comments on the various articles. -/- Those wishing a comprehensive up to date account of Wittgenstein, Searle and their analysis of behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle (2016). -/- Those interested in all my writings in their most recent versions may download from this site my e-book ‘Philosophy, Human Nature and the Collapse of Civilization Michael Starks (2016)- Articles and Reviews 2006-2016’ by Michael Starks First Ed. 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) https://www.amazon.com/dp/B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) https://www.amazon.com/dp/B0711R5LGX . (shrink)

The paper discusses the debate on the human nature in the sophistic thought. Focusing on the "nature-culture" controversy it presents the evolution of the views of the sophists: from Protagoras' optimistic contention of the progress of mankind and his appraisal of culture to its criticism and the radical turn to nature in Antiphon, Hippias, Trasymachos, and Callicles. The paper aims at presenting the analysis of the ongoing discussion, with the stress laid on reconstruction of the arguments (...) and concepts as well as the attitudes that are associated with various positions of this debate. -/- . (shrink)

In this new post-genomic age of medicine and biomedical technology, there will be novel approaches to understanding disease, and to finding drugs and cures for diseases. Hundreds of new “disease genes” thought to be the causative agents of various genetic maladies will be identified and added to the list of hundreds of such genes already identified. Based on this knowledge, many new genetic tests will be developed and used in genetic screening programs. Genetic screening is the foundation upon which reproductive (...) technologies such as pre-natal diagnosis (PND) and preimplantation genetic diagnosis (PGD) are based. Genetic information arising from the human genome may also be used in attempts to redesign the human genetic inheritance by engineering the human germline (germline engineering). In each of these technologies—PND, PGD, and germline engineering—there are serious ethical and social concerns. Moreover, all three are eugenic in nature because they strive to control which genes are passed down to future generations. The goals of this article are threefold: 1) to introduce the science behind the three technologies; 2) to give a brief overview of eugenics in the past century and show how these genetic technologies are eugenic; and 3) to present a vision of social justice that rejects the genetic determinism upon which eugenics is based and embraces a holistic, ecological view of nature and humanity. (shrink)

This work is on Hobbesian Conception of Human Nature: Moral Implications for Nigeria Society. It will be absurd indeed to discuss about Ethics and Society without talking about the concept of human nature. In other words, there is no philosophy of life without a theory of human nature. Human nature can be defined as the psychological and social qualities that characterized humankind, especially in contrast with other living things. The problem here is (...) that Hobbes believes that the state of nature was the worst case scenario. Hobbes was ready to sacrifice all of his freedom to avoid the state of nature. Applying this position to the Nigerian society, it is glaring that this view gives justification to authoritarian government and tyranny. This work therefore intends to expose Hobbes concept of human nature and then apply his view to moral issues in Nigeria society. Hobbes view of human nature has a much laudable appeal which can make available a structure for modern day politics in Nigeria. Notwithstanding the issues inherent in Hobbes concept of human nature it could be used as a yardstick in analyzing some perennial, moral and political issues in Nigeria society. (shrink)

Symbolism, as a literary device, is widely employed in the scriptures of almost all religions. Understanding the use of symbolism in a scripture enables us to comprehend and appreciate the intended message of the scripture’s author in a better way. The poetic compositions of Sri Guru Granth Sahib (SGGS) are notable for their richness, and various images and symbols used to tell its authors’ mystical and spiritual experiences. These compositions aptly use natural symbolism to describe humanity’s diverse physical and spiritual (...) needs and suggest innovative ways to tackle these issues. As SGGS’s message is addressed to the ordinary person, the symbolism used to depict various facets and aspirations of human life has been taken from nature and Indian culture. This article reports on the usage of natural symbolism in SGGS. (shrink)

Both for Kant and for Nietzsche, aesthetics must not be considered as a systematic science based merely on logical premises but rather as a set of intuitively attained artistic ideas that constitute or reconstitute the sensible perceptions and supersensible representations into a new whole. Kantian and Nietzschean aesthetics are both aiming to see beyond the forms of objects to provide explanations for the nobility and sublimity of human art and life. We can safely say that Kant and Nietzsche used (...) the dualities of the beautiful/sublime and Apollonian/Dionysian to advocate their general philosophical worldview, and that the initial formation (in Observations and The Birth of Tragedy) and final dissolution (in the Critique of Judgment and Zarathustra and other later works) of these dualities are determined by the gradually established telos of their philosophical endeavor. Therefore, by observing the evolution of these so-called dualities, Kaplama gathers important clues as to how Kant’s and Nietzsche’s aesthetics transformed into different ways to affirm human art and life. On the one hand, Kaplama argues, the Dionysian came to be the heart and soul of Nietzschean aesthetics and ethics, and the Apollonian (or the formal drive of individuation) was reduced into a mere aesthetic criterion. On the other, Kant treats the sublime (which is originally an idea-producing feeling and/or judgment) as a mere appendix to his Critique of Judgment and aesthetic theory teleologically reducing it into its possible moral consequences. This is why Schopenhauer calls the sublime “by far the most excellent thing in the Critique of Judgment” which touches on the real problem of aesthetics very closely but does not provide a real solution for it. Kant’s forced teleological move is to make his theory of aesthetic judgment stand as a ‘reaffirmation’ of the earlier ethical justification he believed to have accomplished in the first two Critiques and the Groundwork where he defends an affirmation of human life through a teleological morality centered on the principle of free-will. In contrast, Nietzsche’s aesthetics (particularly the Dionysian) guides his ethics and metaphysics again through defining an ideal human nature without which ethos would be static and meaningless, lacking the ability to move and change and represent the tragic pathos of human life. (shrink)

Despite providing the basic theoretical framework for Western biology and all related sciences, Darwinism continues to be a controversial perspective when it comes to understanding ourselves as distinctly "human." In this paper, I try to correct a common misinterpretation of Thomas Hobbes' conceptualization of human nature which I think sheds light on some of the significant misunderstandings and sources of objection to Darwinism. I begin by contrasting this common misreading of Hobbes' philosophy of human nature (...) with an alternative reading that suggests a more subtle notion than is often allowed. I then summarize the basic ideas of Darwinism and explain why I think a Darwinian conceptualization of humanity, freed from misinterpretations of Hobbes, need not lead to an agonistic or reductive notion of human nature. Suggestions made by the philosophers Charles Taylor and Howard Gardner about how science and philosophy can help or hinder conceptualizations of personhood are considered insofar as they corroborate this idea. (shrink)

Locke’s Second Treatise of Government lays the foundation for a fully liberal order that includes representative and limited government, and that guarantees basic civil liberties. Though future thinkers filled in some gaps left in his doctrine, such as division of powers between executive and judicial branch of government, as well as fuller exposition of economic freedom and human rights, it is Locke, who paves the way for others. The article reviews the Treatise, paying particular attention to his ingenious way (...) to render absolute power illegitimate and to create an order that breeds citizens, not subject. In this, the article claims, Locke is a Whig rather than a continental liberal. He worries about state omnipotence and the threat it poses for citizens. Though resorting to an abstract construct—state of nature—he still is a common sense, English thinker, far from a continental reformer who would thoroughly redesign the existing order. (shrink)

In the words of Iris Murdoch, Mary Midgley’s Beast and Man built “an urgently needed bridge between science and philosophy”.1 While science and philosophy have never been entirely remote, Murdoch was right to observe the achievement of her friend, Midgley, in drawing a new and insightful connection between these disciplines. A bridge, more specifically, between scientific investigations into human and animal behaviour, and philosophical enquiries into the concept of human nature. A moral philosopher by trade, Midgley imbues (...) the neo-Aristotelian understanding of man as a ‘rational animal’ with the many traits (she argues) we share with our diverse earthly neighbours – nonhuman animals. (shrink)

The central thesis of my article is that people live a life worthy of a human being only as self-ruling members of some autarchic (or self-governing) communities. On the one hand, nobody is born as a self-ruling individual, and on the other hand, everybody can become such a person by observing progressively the non-aggression principle and, ipso facto, by behaving as a moral being. A self-ruling person has no interest in controlling her neighbors, but in mastering his own impulses, (...) needs, wishes, desires, behaviors, etc. Inasmuch as he is an imperfect being who lives in an imperfect world, he needs to share certain interests, beliefs, values, customs and other characteristics with other people, i.e. to be involved in some communities. Depending on the following four criteria – the regulatory principle, the essential resources, the specific feedback and the fundamental values –, the countless and manifold human communities can be grouped in three categories: (1) affinity communities, (2) economic communities, and (3) civic communities. In other words, every community or human behavior has an affinity, an economic, and a civic dimension. If a civic community is merely a state shaped society, it can be called a political community. All communities are intrinsically variable. Throughout time, they ceaselessly change their composition, values, interpersonal processes and relations, territory, etc. Interestingly enough, the variability is unanimously recognized and accepted in affinity and communities economic, but is denied or abusively interpreted in the case of state shaped societies. If we confuse two types of order − cosmos and taxis – and two types of rule – nomos and thesis –, as well as we exaggerate the importance of certain type of community we bring some social maladies, namely the traditionalism, the commercialism and the civism, (with the worst form of it – the politicality). Whatever the communities they are involved in, all persons relate (implicitly or explicitly) to the libertarian non-aggression principle, living their life in strict accordance with the logical implications of the position they adopt. People who respect the non-aggression axiom necessarily manifest self-control, consideration for the life and property of the others, commitment to offer value for value, love of freedom and a high level of individual responsibility. By contrast, people who violate this axiom – the villains and the statists – invariably strive to control their neighbors, behave as parasites or predators, prefer forced exchanges, reject the personal responsibility (at most accepting the idea of social responsibility), and apply double moral standards. The first category of people generates a libertarian civic discourse as a spontaneous order, and the second creates a political/ statist civic discourse as a result of the human design and will to power. As a spontaneous order, the libertarian civic discourse implies free involvement, peaceful coordination, free expression, free reproduction of ideas and the power of one. Every communication performance in the frame of the libertarian civic discourse is important and has relevant results. All participants to the libertarian civic discourse are automatically members of some self-governing communities (at least members of the general libertarian community). The most important thing for these communities is to be connected to a communicational infrastructure which would make possible free involvement, free expression and the free reproduction of ideas. Inasmuch as today democracy means the tyranny of majority and participatory democracy the tyranny of majority plus the power of vested (and illegitimate) interests, only the emergence of self-governing communities by libertarian discourse offers us a little hope. It’s high time to fall in love (again) with liberty and to embrace the non-aggression principle. We don’t have to create a perfect world, but we can strive to develop our human nature. (shrink)

Sayyid Sadr al-din Mohammad Dashtaki Shirazi is the inventor of the division of composition into unified composition and composition by join. With this division, Dashtaki has expressed a new theory about the composition of the material object from first matter and form, as well as the composition of man from soul and body, and considers these compositions as an alliance and unification, not simply the parts joining to each other. In this paper, we will present Dashtaki’s arguments on the theory (...) of unified composition. We will also examine three objections to this theory and responses to them. Finally, we will examine the background of this theory in Bahmanyar's phrases. Dashtaki believes that when the components in the compound have a real plurality, i.e. each one exists separately from the other, a composition by join is created, such as the composition of a house from numerous clays. But if the components in the compound are united and none of them are separate from the others and exists actually, the resulting composition will be an alliance and union. He believes that in the unified composition, every component is identical to any other component and is identical to the whole. Accordingly, Reza is a unique being, both human and writer. In order to achieve a composition, a plurality is needed and in order to form a single composition, there must be plural components related to each other. An important question is that, principally how is a composition possible, if unified composition comes to existence only when the components are made united with each other and with the whole? In other words, unified composition is not possible, because the first condition of the acquisition of the composition, i.e., the plurality of the constituent components, is not satisfied. Dashtaki strives to express a difference between the components in the union compound. He believes that the conditions of the realization and the survival of the components are different, and that is enough for them to be different. In Dashtaki's point of view, in the unified composition the components are analytical, not being separate and plural, in reality. In other words, the components do not have actual and "in-the-world" plurality, which means that it is our intellect that separates them and looks at them as independent objects. Therefore, unity and identity are in-the-world and plurality and discernibility are analytical and in the mind. Dashtaki's first argument for his theory in general is as follows: the three major material objects (solid, plant and animal) are undoubtedly real compounds. But in these compositions, components exist potentially, and in a unified composition, components do not exist actually. Therefore, these objects are unified compounds. The second argument is that the accuracy of predication implies unity. In the unified composition, the components are identical with the whole, and therefore, the components can be predicated to the composition. In Dashtaki's view, if A is predicated to B, then it could be concluded that they are identical and unified. The first objection to this theory is that the unity is incompatible with causality. From the perspective of the Peripatetics, form is the cause of the matter, and this is incompatible with the union of the two. Dashtaki states that in case of causality, there is no need for cause and effect to be two different and discernible entities, but a single entity may be from one aspect the cause and, from another, the effect. In other words, the foresaid causality is analytical causality. When mind analyses something, and then finds analytical components, it can see between those analytical and intellectual components, causality, and find some of them as the cause of the others. The second objection is the incorrectness of the unity in compounds with components not being similar. only in the compounds having similar parts, one can accept the unity of matter and form. For example, in compounds such as horses, it is not possible to accept the union of matter and form, because in horses, there are components with different natures, such as bones, flesh and nerves. Unity of These parts with each other and with the whole is not plausible. Dashtaki’s respond is that the horse is also a natural unit and has no actual plurality. Components having similar or different natures does not make any difference. According to the theory of unified composition, the horse's components are united with the horse's form and have only analytical plurality. Horse’s components are just analytical components, not actual, independent ones. The third objection is the incompatibility of the actual existence of components with their unity. But Dashtaki maintains that a unique actual personal entity cannot have actual plural components. He states that compounds such as horses exist objectively, but objective and real existing is divided into two kinds: dependent existence, and independent existence as a single real thing. Therefore, the two characteristics of "being a component" and "being independent" are incompatible and do not come together in a real being. Dashtaki has also quoted phrases from Bahmanyar to confirm his point of view. Bahmanyar says that the properties of an animal belong to the whole and compound, not to each component. For example, it is a horse that feels, not its bone or brain, as the eye is also a compound, but seeing is the work of the eye, not the work of any of its components. Therefore, the animal, which is something compound, has characteristics that none of its components have. So the animal is something over and above its components. Bahmanyar thinks the components in the animal are potential. Then he states a general rule: any compound in which unity is real, its components do potentially exist. Therefore, Bahmanyar considers the body parts of the living organism as a potential being and generally believes that the components of any compound that have true unity are potential. The potentiality of the components in a real compound does not that mean that the components are destroyed and a new thing is produced. The components are also available, but they do not have the effects they had separately before the composition comes into existence. In other words, the components have found a unique identity together and therefore have a new effect.. It seems that Bahmanyar has expressed the same idea that Dashtaki is looking for in the theory of unified composition. Therefore, it can be said that before Dashtaki, Bahmanyar has come up with the thought of a unity. Of course, Bahmanyar has not explained much about this, and Dashtaki is the first who has organized and completed this idea as a philosophical theory. (shrink)

In Aquinas's account of the beatific vision, human beings are joined to God in a never-ending act of contemplation of the divine essence: a state which utterly fulfills the human drive for knowledge and satisfies every desire of the human heart. In this paper, I argue that this state represents less a fulfillment of human nature, however, than a transcendence of that nature. Furthermore, what’s transcended is not incidental on a metaphysical, epistemological, or moral (...) level. (shrink)

Barah Maha (Twelve months) is a form of folk poetry that describes the emotions and yearnings of the human heart, expressed in terms of the changing moods of nature over the twelve months of a year. In this form of poetry, the mood of nature in each particular month, of the Indian calendar, depicts the inner agony of the human heart which in most cases happens to be a lovelorn young woman separated from her spouse or (...) beloved. In other words, the separated woman finds her own agony reflected in the different faces of nature. There are two such compositions in Sri Guru Granth Sahib1-2 (SGGS). First one is by Guru Nanak, the first Sikh Guru. It is in Rag Tukhari. The other composition is by Guru Arjan, the fifth Sikh Guru. It is in Rag Manjh. Both the compositions, describe the yearnings of a lovelorn young woman (a metaphor for human soul) for her beloved (a metaphor for God). (shrink)

In this paper I try to explain a strange omission in Hume’s methodological descriptions in his first Enquiry. In the course of this explanation I reveal a kind of rationalistic tendency of the latter work. It seems to contrast with “experimental method” of his early Treatise of Human Nature, but, as I show that there is no discrepancy between the actual methods of both works, I make an attempt to explain the change in Hume’s characterization of his own (...) methods. This attempt leads to the question about his interpretation of the science of human nature. I argue that his view on this science was not a constant one and that initially he identified this science with his account of passions. As this presupposes the primacy of Book 2 of his Treatise I try to find new confirmations of the old hypothesis that this Book had been written before the Book 1, dealing with understanding. Finally, I show that this discussion of Hume’s methodology may be of some interest to proponents of conceptual analysis. -/- . (shrink)

Debate about legal and policy reform has been haunted by a pernicious confusion about human nature, the idea that it is a set of rigid dispositions, today generally conceived as genetic, that is manifested the same way in all circumstances. Opponents of egalitarian alternatives argue that we cannot depart far from the status quo because human nature stands in the way. Advocates of such reforms too often deny the existence of human nature because, sharing (...) this conception, they think it would prevent changes they deem desirable. Both views rest on deep errors about what it is to have a nature and how genetics works. Human nature, like the nature of anything else, is a set of potentials to behave certain ways in given environments, not a nonsocial genetic something that inevitably produces the same result in any environment. To say that existing inequalities, are due to our genes, inalterable because heritable, ignores that genetic propensities may be differently manifested in different environments. Heritability has meaning only relative to an environment and a population and implies nothing about inevitability. A better sort of inegalitarian argument is that a proposed reform, given our nature, would be too costly even if possible. However, this sort of argument is too rarely supported by evidence and generally ignores the costs of existing inequalities. But egalitarians err in supposing that, if behavior is unconstrained by biology, the status quo is easily alterable. The environment may be extremely hard to change. Legal and policy debate should adopt a correct understanding of human nature as a set of propensities and ask of any proposed reform agreed to be otherwise desirable what and how alterable are its causes, genetic, environmental, or more accurately both. (shrink)

The paper deals with an argument reported by Razi (d. 1210) that was used to attempt to refute the immateriality of human nature. This argument is based on an epistemic asymmetry between our self-knowledge and our knowledge of immaterial things. After some preliminary remarks, the paper analyzes the structure of the argument in four steps. From a methodological point of view, the argument is similar to a family of epistemological arguments (notably, the Cartesian argument from doubt) and is (...) vulnerable to the same objection that can be raised against that form of reasoning. The last section points out that the argument can be used indirectly to highlight the weakness in some arguments for the claim that there is something immaterial in human beings. (shrink)

The main aim of this paper is to illustrate human–nature relations from a comparative study of the contexts of later Merleau-Ponty and the Zhuangzi. I argue that the Zhuangzi has its own phenomenology of the natural world, which is worth comparing to Merleau-Pontian later phenomenology. To compare the arguments on human–nature relations in the contexts of later Merleau-Ponty and the Zhuangzi in detail, first, I briefly compare the cultural philosophies of nature in ancient Greece and (...) China and their possible influences on our contemporary understanding of nature. Second, I compare the concept of “flesh” of Merleau-Ponty with the concept of “vital energy” in the Zhuangzi and point out the main roles of these concepts in their respective theories of the natural world. Third, I use the “reversibility thesis” created by Merleau-Ponty to analyze the ontological significance of illness in the arguments of Merleau-Ponty and the Zhuangzi. Fourth, inspired by Merleau-Pontian and Zhuangzian ideas about language and expression, I expound on a view of illness as a primordial language of nature and its possible role in mediating human–nature relations. Ultimately, I conclude that the comparative study of thoughts on human–nature relations in the literatures of later Merleau-Ponty and the Zhuangzi can help us reconsider and readjust our main attitudes toward nature, illness and nonhuman beings in the contemporary postpandemic era. (shrink)

In ‘Religion within the Boundaries of Mere Reason’ Kant presents his thesis that human nature is ‘radically evil’. To be radically evil is to have a propensity toward moral frailty, impurity and even perversity. Kant claims that all humans are ‘by nature’ radically evil. By presenting counter-examples of moral saints, I argue that not all humans are morally corrupt, even if most are. Even so, the possibility of moral failure is central to what makes us human.

Guru Tegh Bahadur Ji fell as a martyr to the freedom of consciousness and belief, under the orders of Aurangzeb, a ruler, who with his puritanical views had an attitude of narrow exclusiveness in the matters of religion. Sikhism, of which Guru Tegh Bahadur Ji was the Ninth Apostle, has all through upheld the spiritual approach in matters of faith, and its message has been free from the rancour of any kind against any set of beliefs. The great sacrifice made (...) by Guru Tegh Bahadur Ji to vindicate the right of the people to profess and practise the faith, meant, in fact, the assertion of the principle of justice for which the ruling Mughal rulers of the day had very scant regard. For this reason, the life, career, and teachings of Guru Tegh Bahadur Sahib are of immense significance even in contemporary times, when the forces of hate, fanaticism, and tyranny are still very dominant and assertive. -/- Guru Tegh Bahadur Ji was a multifaceted genius. He was not only a martyr and a prophet but was also a great poet. In addition to his 57 Salokas, 59 of his other compositions (Sabads), written in 15 Raagas (measures) are included in Sri Guru Granth Sahib. His hymns deal with the pathos of the human predicament. Though he articulates on the unreality of human passions and possessions, yet his hymns have been a source of spiritual succour and solace to millions of people in their hours of personal grief and affliction. He brightens our awareness of the ephemerality of the material phenomena, however instead of creating a sense of despair and depression, elevates the human mind and imbues it with the hope which permeates the cosmos. He fortifies our faith in human nature and makes it possible for us to rise above the irritants of the immediate problems of existence and keep our attention focussed on the everlasting and eternal. (shrink)

Oliva Sabuco's New Philosophy of Human nature (1587) is an early modern philosophy of medicine that challenged the views of the successors to Aristotle, especially Galen and Ibn Sina (Avicenna). It also challenged the paradigm of the male as the epitome of the human and instead offers a gender-neutral philosophy of human nature. Now largely forgotten, it was widely read and influential amongst philosophers of medicine including DeClave, LePois, Harvey,Southey and others, particularly for its account (...) of the role of the nervous system and cerebrospinal fluid in mind-body interaction. In this article I trace its early influence by tracing provenance of the editions produced during the lifetime of its author. (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)

Holism in interwar Germany provides an excellent example for social and political in- fluences on scientific developments. Deeply impressed by the ubiquitous invocation of a cultural crisis, biologists, physicians, and psychologists presented holistic accounts as an alternative to the “mechanistic worldview” of the nineteenth century. Although the ideological background of these accounts is often blatantly obvious, many holistic scientists did not content themselves with a general opposition to a mechanistic worldview but aimed at a rational foundation of their holistic projects. (...) This article will discuss the work of Kurt Goldstein, who is known for both his groundbreaking contributions to neuropsychology and his holistic philosophy of human nature. By focusing on Goldstein’s neurolinguistic research, I want to reconstruct the empirical foundations of his holistic program without ignoring its cultural background. In this sense, Goldstein’s work provides a case study for the formation of a scientific theory through the complex interplay between specific empirical evidences and the general cultural developments of the Weimar Republic. (shrink)

This article deals with an argument reported by Razi (d. 1210) that attempted to undermine the immaterialist position about human nature. After some introductory remarks and explanation of the conceptual background, the article analyses the structure of the argument, with special attention to the idea of soul-switching.’ Some comparisons are made between the argument reported by Razi and a number of arguments from modern and contemporary eras of philosophy. One section is devoted to the critique of the argument (...) and its conceptual basis. This article shows that the argument reported by Razi is a methodological antecedent of a family of contemporary epistemological arguments against substance dualism. It is also shown that discussion of the argument could be useful to highlight a weakness in some, but not all, versions of immaterialism about human nature. (shrink)

G.A. Cohen accuses Rawls of illicitly tailoring basic principles of justice to the ‘crooked wood’ of human nature. We are naturally self-interested, for example, so justice must entice us to conform to requirements that cannot be too demanding, whereas Cohen thinks we should distinguish more clearly between pure justice and its pragmatic implementation. My suggestion is that, strictly speaking, Rawls does not rely on facts of any kind to define his constructive procedure or to argue that his principles (...) of justice would be its result – facts only come in to determine whether actual people satisfy the moral conceptions he defines and to determine whether his principles of justice can be stable for the right reasons. A distinguishing feature of normative constructivism, I claim, is that it begins with stipulated models that can include normative and descriptive elements; we then proceed to engage in a priori reflection about what these models presuppose and how they relate to one another. Rawls appeals to commonsense morality to partially define a citizen as someone who is engaged in social cooperation with others and a society as a fair system of cooperation; he then draws from these organizing ideas to characterize the original position for choosing principles of social regulation for societies and citizens so defined. Whether or not there are any actual people or societies that match Rawls’ models is a different matter, and irrelevant to the internal structure of his theory, but if the models do apply to people and societies in the real world then Rawls has given a powerful argument that his principles of justice are the most reasonable for them. Rather than watering down principles of justice to suit human nature, Rawls argues for principles of justice on a priori grounds and hopes that we can live up to the moral self-conceptions that underlie them. (shrink)

I intend to discuss Hume’s theory of personal identity in Books I and II of the Treatise of Human Nature. First, I intend to argue that Hume’s distinction between a ‘personal identity with regard to thought and imagination’ and a ‘personal identity with regard to passions and self-interest’ is only methodological, not radical. That is, the philosopher does not sug-gest the existence of two distinct ideas of personal identity in mind. Secondly, I try to show the contribution of (...) the passions of pride and humility to the production of a belief in personal identity. Pride and humility contribute to the liveliness of this belief by producing the person’s interest in his sensations and actions of the past and the future. Thirdly, I want to show how passions and self-interest make it possible to explain the corporeal aspect of the belief in personal identity. I propose to discuss how the body and its qualities can be understood as constituent elements of the notion of personal identity. (shrink)

In this paper, I consider Descartes’ Sixth Meditation dropsy passage on the difference between the human body considered in itself and the human composite of mind and body. I do so as a way of illuminating some features of Descartes’ broader thinking about teleology, including the role of teleological explanations in physiology. I use the writings on teleology of some ancient authors for the conceptual (but not historical) help they can provide in helping us to think about (...) the Sixth Meditation passage. From this, I draw several points, most notably that the Sixth Meditation passage is primarily concerned with the natures of body and composites, and that the issue of teleological explanation is derivative of this primary interest. So, we – and Descartes – must come to terms with what he takes the nature of the composite to be such that it has an intrinsic end-referred nature which grounds teleological explanations. I consider three possibilities: the human composite is a third type of substance – a hylomorphic substance; there is a sort of “satisfaction” relationship between mind and body (each of which retains its own distinct nature in the composite) such that the mind confers teleological value on the body; and there is a sort of “satisfaction” relationship between mind and body (each of which retains its own distinct nature in the composite) such that the mind recognizes teleological value in the body. None of these interpretations is without problems. So in the concluding section, I sketch a program for future research, specifically, trying to render Descartes’ teleological thinking consistent by distinguishing between the metaphysical natures of things (the concern of his Sixth Meditation passage) and the physical natures of things (his concern in his physiological writings). (shrink)

In an earlier paper in Theoria, I discussed an argument based on the idea of “soul-switching” that attempted to undermine the immaterialist account of human beings. The present paper deals with a parity argument against that argument in which the idea of “body-switching” plays a pivotal role. I call these two arguments, that have been reported by Razi (d. 1210), respectively “the soul-switching argument” and “the body-switching argument”. After some introductory remarks, section 2 of the paper describes the structure (...) of the latter argument. Section 3 considers some philosophical discussions in the ancient, modern, and contemporary eras in which the idea of body-switching (or some similar conception) plays a major role. In the following section 4, some criticisms of the argument are discussed and a general response that is meant to cover a broad range of objections is considered. This paper shows that the body-switching argument reported by Razi is a methodological antecedent of several contemporary arguments in defence of substance dualism. (shrink)

The paper advances a new comprehensive complex approach to the investigation of the civilizational aspects in the development of regional associations of countries. The research starts with the overview of historical dimensions of the civilizational approach and the contribution of the founding scholars to its development. It continues with the analysis of the scientific and methodological input of the followers and the critics of this approach. The authors suggest their theoretical approach to the identification of the modern local civilizations according (...) to six parameters: natural, biological, technical, economic, social, and governing. The civilizational affiliation of countries and the civilizational structure of major 17 regional associations of countries are identified. The results demonstrate that some regional groups have been more homogeneous in terms of civilizational composition, others – less homogeneous, which does not interfere with their dynamic development. However, the logic of the historical dynamics of human development indicates the inevitability of changing the current situation through prolonged civilizational conflicts resulting in significant changes in the global social dynamics and the civilizational structure of the world and of regional associations of countries. The identification of the civilization structure of countries and regional associations contributes to the rational decision-making in the areas of international economic relations and to the formation of the integration/disintegration policies on the national and regional levels. It is predicted that from 2030 global social dynamics will undergo a fundamental breakthrough that will radically change the civilizational structure of the world and regional unions of countries. Methods. The research is based on the application of the systemic and historical approach, combined with the methods of analysis, synthesis, analogy, abstraction, generalization and method of individual expert assessment. Novelty of the research. The authors have identified the civilizational structure of countries using statistically available criteria for the six groups of factors, which allows to determine the homogeneity level of the major regional groups of countries. Practical significance. Identification of civilization structure of countries and regional associations creates the opportunity for adjusting national and subregional integration and disintegration policies. The aim of the study is to determine the civilizational structure of the regional associations of countries. To achieve this goal the following tasks are set and solved: –to analyze and optimize the existing approaches to the identification of local civilizations; –to identify the current state of the countries’ belonging to this or that civilization, their civilizational structure; –to reveal the civilizational structure of the major regional blocs. (shrink)