International Journal of Philosophical Studies, Volume 19, Issue 5, Page 753-760, December 2011.

Several conflict theorists have appropriated Hegel’s ‘struggle for recognition’ to highlight the healthy dimensions of conflict and to explore ways of reaching reconciliation through mutual recognition. In so doing, some scholars attend to the interpersonal dimension of reconciliation, while others focus on the interstate dimension of reconciliation. This paper argues that both approaches miss important Hegelian insights into the modern state. Hegel understands that freedom must be situated and bounded in order to take a concrete form. He believes (...) that concrete freedom and domestic reconciliation create an atmosphere that can pressure the state to be more confrontational with other states by attaining a stronger individuality. Thus, the common concern about freedom among Hegelian states remains a ‘thin’ version of communication, vulnerable to such factors as national honor or recognition status. Hegel’s challenge urges peace-inspired scholars to explore ways of achieving concrete freedom and domestic reconciliation while simultaneously relieving interstate conflict. (shrink)

In this article I present an original interpretation of Roy Bhaskar’s project in Dialectic: The Pulse of Freedom. His major move is to separate an ontological dialectic from a critical dialectic, which in Hegel are laminated together. The ontological dialectic, which in Hegel is the self-unfolding of spirit, becomes a realist and relational philosophical anthropology. The critical dialectic, which in Hegel is confined to retracing the steps of spirit, now becomes an active force, dialectical critique, which interposes into the (...) ontological dialectic at the ‘fourth dimension’ of a naturalistically reconfigured account of relational human nature, agency. This account allows Bhaskar to explain and vindicate the crucial role social criticism must play in any realistic project of self-emancipation, and to create a space that didn’t exist in Hegel for an open-ended concrete utopianism. Freedom is thus the actualization of human nature, but is not automatic: the relation of human nature to freedom is mediated historically through dialectical critique, which, informed by concrete utopianism, can have emancipatory power. Content Type Journal Article Category Article Pages 13-44 Authors Craig Reeves, Brunel University Journal Journal of Critical Realism Online ISSN 1572-5138 Print ISSN 1476-7430 Journal Volume Volume 12 Journal Issue Volume 12, Number 1 / 2013. (shrink)

Scholars disagree about whether and how Kant manages to avoid dualistic outcomes in the relation between freedom and sensibility within the moral agent. If he does not – if he portrays a moral agent who must judge and act without taking emotions, sentiments, and passions into account – then authors such as Blackburn can rightly argue that Kantian ethics loses sight of the concrete individual, whose sensibility has a fundamental role, taking part in the definition of her specific (...) identity. I argue that this portrait comes from a disputable and incomplete reading of Kant’s works. There is no dualistic outcome in the relation between freedom and sensibility in Kant. My aim is to show that there is a bridge between the rational and the sensible elements within the Kantian agent and that it can be reconstructed by analysing Kant’s works on ethics, aesthetics, and anthropology. Specifically, those elements must be thought of as in accordance, not in opposition, because sensibility is necessary for Kant’s ethics to be effective, both for the agent’s awareness of the moral law and for the agent’s motivation. (shrink)

This essay discusses how, for Hegel, freedom can be realized in nature in a rudimentary fashion in solar systems. This solves a problem in Kant’s account of freedom, namely, the problem that Kant only gives a negative argument for why freedom is not impossible but does not give a positive account of how freedom is real. I give a novel account of Kant’s negative argument. Then, I show how, according to Hegel, solar systems can be considered (...) as exhibiting freedom in a rudimentary fashion. Finally, I lay out how Hegel systematically develops this point about the freedom of solar systems in the ‘Mechanism’-chapter of the Science of Logic. In doing so, he uses Kant’s negative argument in a ‘purified’ form to arrive at an account of an ‘intimate token-type relation’ between the planets in a solar system and the law that governs their motion. The essay as a whole provides a concrete example of how Hegel is an inheritor and radicalizer of Kant, both with respect to freedom’s reality and with respect to philosophical method. (shrink)

This chapter draws upon Michael Freeden's morphological approach to examine the various ways freedom has been conceptualized within the anarchist tradition. It determines how and to what extent these conceptions serve to differentiate anarchism from liberalism and other ideologies that claim freedom as a core concept. The chapter explores the role they play in the formulation of diverse anarchist tendencies. It argues that prevailing anarchist conceptions of freedom uniformly obviate the "assumed tension between the freedom of (...) the individual and the good of society" as well as "between negative and positive definitions of the concept". The rejection of such dichotomies is a unifying theme in anarchism more generally and a key aspect of its ideological distinctiveness. When anarchism is defined solely in terms of what it opposes, the underlying motivations for that opposition tend to be obscured. For social anarchists, any concept of freedom that lacks an explicitly teleological dimension is an abstraction devoid of concrete moral significance. (shrink)

Through examining Douglass's and Fanon's concrete experiences of oppression, Cynthia R. Nielsen demonstrates the empirical validity of Foucault's theoretical analyses concerning power, resistance, and subject-formation. Going beyond merely confirming Foucault's insights, Douglass and Fanon expand, strengthen, and offer correctives to the emancipatory dimensions of Foucault's project. Unlike Foucault, Douglass and Fanon were not hesitant to make transhistorical judgments condemning slavery and colonization. Foucault's reticence here signals a weakness in his account of human being. This weakness sets him at cross-purposes (...) not only with Scotus, but also with Douglass and Fanon. Scotus's anthropology provides a basis for transhistorical moral critique; thus he is a valuable dialogue partner for those concerned about social justice and human flourishing. (shrink)

The concept of freedom as non-domination that is associated with neo-republican theory provides a guiding ideal in the global, not just the domestic arena, and does so even on the assumption that there will continue to be many distinct states. It argues for a world in which states do not dominate members of their own people and, considered as a corporate body, no people is dominated by other agencies: not by other states and not, for example, by any international (...) agency or multi-national corporation. This ideal is not only attractive in the abstract, it also supports a concrete range of sensible, if often radical international policies. (shrink)

This article presents an axiological reading of Simone de Beauvoir’s The Second Sex, reframing its most famous sentence ‘one is not born, but becomes, a woman’ as a claim about femininity, love, and alienation under particular conditions of sexual hierarchy. Because this sentence is often taken to express the thesis of The Second Sex on social constructionist readings, Section 1 rejects the aptness of this approach on three grounds. Section 2 outlines an alternative, axiological reading, which better attends to all (...) of the work’s parts, and to Beauvoir’s emphasis on the concrete inseparability of the physiological, sexual, economic, legal, religious, moral, and aesthetic dimensions of women’s situations. Section 3 turns to the sister ‘one is not born’ clause, in Volume I—‘one is not born, but becomes, a genius’—to show that Beauvoir’s account of frustrated freedom in The Second Sex concerns not only alienated labour, sex, and love, but also aesthetic creativity and moral invention. (shrink)

Kant uses the concept of the symbol to show the complicated relationship between the autonomy of beauty and its systematic function as a transition from nature to freedom, which are the two most important topics in the third Critique. Beauty’s symbolism of morality lies in the analog between aesthetic reflection and moral disposition; concretely, it lies in the purity or disinterestedness and self-legislation as negative and positive freedom in both subjective states of mind. In this scenario, beauty’s symbolism (...) does not refer to aesthetic ideas that either involve intelligent interests (in the beauty of nature) or presuppose an end (in the beauty of art); it also cannot be grounded in the supersensible substrate, which is an elevated and metaphysical principle of the judgment of taste given in the Dialectic but not the original principle of subjective purposiveness in the Analytic. With this formal relationship, beauty and morality accelerate each other in the empirical-anthological sense—but they are also not a sufficient or necessary condition for each other. Furthermore, through symbolism, taste looks toward the intelligible and serves as a transition from nature to freedom from the transcendental perspective. (shrink)

Drawing on Sartre's account of violence, I argue that not only is bad faith inevitable in practice, but a limited bad faith is necessary for authenticity. Although violating the freedom of others is bad faith, it is impossible to never violate anyone's freedom. Moreover, and more fundamentally, the ontological structure of the foritself entails that the for-itself can only be authentic in the mode of not being authentic. Seeking to altogether avoid bad faith is bad faith, for it (...) is an attempt to constitute oneself as essentially authentic, yet the for-itself has no preexisting essence. By recognizing one's complete responsibility for choosing bad faith, however, one limits one's bad faith. This limited bad faith is in fact necessary to authenticity, which is a project lived out in concrete situations and not a categorical moral law that forbids bad faith. (shrink)

This article proposes to present, in general, the thought of the German philosopher G. W. F. Hegel about history. Using mainly the work Philosophy of History, I seek first to analyze and to explain the different modes of historical approaches elaborated by Hegel, which are: the original history, the reflective history and its subdivisions and, finally, the philosophical history. After that, I center my studies on the concept of progress or, more precisely, historical progress. According to Hegel, philosophical history appears (...) when we perceive that rationality governs the world, and therefore the actions and events that have occurred, occur and will occur are part of this rationality. Such a perception – that is, understanding that history develops and progresses according to rationality – is possible when we turn to the study of history, using it as material, and carefully observing and analyzing past historical events. According to Hegel, this historical process is the course of the spirit, constantly seeking a greater awareness of freedom and, therefore, a greater understanding of itself, because freedom is already in it, and it is not something alien, distant or external, it is in its center and is its substance. According to Hegel, nature, despite its polymorphic transformations, is only a repetitive and monotonous cycle, where there is nothing new under the sun. However, in the process of development of the spirit, that is, the spirit knowing itself, the new appears, this is progress, which, in turn, is aimed at the realization of freedom, with a view to its concretization in the State. (shrink)

Modern individuals grapple with a paradoxical reality: their lives are characterized by a strong feeling of independence as well as by an intense social interconnection. This article argues that despite an increased discussion of dependence in contemporary social and political philosophy, current ways of theorizing it have disregarded the concrete form that our social dependence takes under capitalist relations. I maintain that without integrating the critique of political economy, we risk offering a defense of dependence that remains unaware of (...) important axes of domination. In particular, I suggest recuperating Marx’s notion of objective dependence, which has been insufficiently discussed in the existing literature. Finally, drawing on recent developments in critical theory, I put forward a normative critique of dependence. I contend that the issue with modern societies is that they promote alienated and reified relations of dependence, transforming the basis of our social freedom into an objective form of domination. -/- . (shrink)

Beauvoir’s Ethics of Ambiguity appears to defend a distinctly existentialist, deontologically-constrained version of consequentialism. On that interpretation, her belief that freedom consists in the real possibilities provided by our concrete situation leads her to reject Kantian autonomy to allow for some consequentialist decisions, while her belief that our situation derives its meaning from freely-chosen projects leads her to limit such choices to their consequences for situated freedom rather than general happiness. However, I will argue that Beauvoir’s view (...) is better understood as a non-deontological, internal critique of consequentialism, rooted in Marx’s historical materialism rather than her existentialist commitments. Beauvoir challenges consequentialism’s tendency to evaluate decision-making over actions, and intended or predicted consequences over actual ones, considering consequences during a limited time-frame despite their variable, contingent future value. In other words, consequentialism is insufficiently consequentialist, a view rooted in historical materialism in two ways. First, her materialist understanding of freedom as situated possibility requires an ethics that prioritizes real rather than projected consequences. Materialist consequentialism acknowledges outcomes are never final and so refuses to assign unambiguous moral value. A decision’s ethical value is preserved only to the degree that the value of its real consequences for existing individuals’ projects is maintained into the indefinite future. Second, her view that value is historical, a human creation based in our actual situation’s contingent utility to our individually chosen projects, denies that any consequence has a fixed value independent of the historical development of humanity as realized through individual choices. Historical-materialist consequentialism demands moral agents retroactively reassess the moral status of every action in order to repair consequences that have, because of changing human purposes, become obstacles to freedom. Together, these historical materialist constraints ground Beauvoir’s demand for an ethics that is ambiguous in principle as well as practice: no decision, action, or consequence has a fixed moral value because consequences are always incomplete and, even when they do not change, the projects that give them value change. While compatible with existentialist conceptions of freedom, responsibility, and authenticity, her ethics does not require such commitments, making it more Marxist than existentialist in character. (shrink)

In his article Banicki proposes a universal model for all forms of philosophical therapy. He is guided by works of Martha Nussbaum, who in turn makes recourse to Aristotle. As compared to Nussbaum’s approach, Banicki’s model is more medical and less based on ethical argument. He mentions Foucault’s vision to apply the same theoretical analysis for the ailments of the body and the soul and to use the same kind of approach in treating and curing them. In his interpretation of (...) philosophical therapy, there are, however, some controversial issues, to which we would like to call attention: -/- Is restoring health by a philosophical method of treatment – health understood as a person’s ability to reach his/her vital goals – a convincing explication of philosophical therapy in general? In order to answer this question, it may be useful to look at Plato. It is not only Platonism (and especially Neo-platonism since Plotinus) that questions the idea that therapy is necessarily connected with „vital goals“. Buddhist and Gnostic philosophies are questioning „the vital“ in general. The immense effort in the history of philosophy to liberate the mind from the body casts doubt on the project to explain philosophical therapy solely in analogy to medical therapy. -/- According to Banicki a therapeutic philosophy has to identify the diseases it attempts at curing. There are, however, reasons for associating the term therapy with suffering/risk rather than disease. If a therapy aims at reducing the fear of death, as for example many classical philosophical therapies do, then there is no disease to be cured. A model based on chances and risks also has the advantage that the Buddhist and Stoic reinterpretation of desires/emotions as “diseases” can be dropped in contemporary philosophical therapy. -/- Banicki mentions the comparison of therapies as one of the primary goals of modelling. Methods should be verified by a statistical correlation between method and therapeutic success and/or by a theory which justifies the method. Some forms of therapies, however, avoid theory-specific terms and concepts in favor of an unprejudiced interpretation of the patient’s statements. Others share the (Nietzschean) aspiration to explore and change measures of value. If the therapeutic process is seen as a unique phenomenon, then there can be no theory and no statistics with co-occurrences. -/- According to Banicki philosophical therapy has to describe techniques which qualify as genuinely philosophical. Techniques like maieutics and hermeneutics, however, are antique philosophical “inventions”, which were later adopted by psychotherapy. If meditation is accepted as a therapeutic tool – as it was in ancient times – then there is not only a methodical but also an emotional relation to religion. If finally, the Socratic search for a good life is seen as one of the characteristics of philosophical therapy, then delimitation even turns into a criterion for non-philosophical therapies. The search for a good life requires an interdisciplinary approach. -/- For the concretization of the formal structure, we suggest a typology of therapies, which is based on chances and risks. Such a typology has the advantage, that it can model conflicting (and even opposing) forms of therapies. The variety of therapeutic goals and methods is a consequence of the historical development towards conceptual freedom. (shrink)

In what follows we present group rights as portrayed in contemporary theoretical debates; compare this portrayal with some of the claims actually advanced by various indigenous groups throughout the world; and give reasons for preferring the practical to the theoretical treatments. Our findings suggest that liberal-individualist and corporatist accounts of group rights actually agree on the kind of importance that group interests have for persons and on what it is that groups who claim rights are concerned about. Both liberal-individualists and (...) corporatists locate the importance of group interests in the personal psychology of individual group members. As a result, both treat group interests (such as cultural integrity) as not only different in kind from individualized interests such as freedom of expression but as potentially in competition with them. In contrast, the real-world demands of indigenous groups place emphasis on concrete ways in which the preserving of communal life can be important to individuals’ well-being, in addition to the various spiritual and symbolic resources which such life may provide. These practical aspects of communal life make individuals’ group interests a lot like their individualized ones, and so suggest that group rights do not introduce new or distinctive theoretical questions. Instead, group rights are raise familiar questions about how individuals’ interests ought to be balanced against one another when they are in competition; what counts as an adequate institutional structure for the instantiation of a right; and who ought to be recognized as an authoritative judge of whether a right has been respected. (shrink)

This paper aims to discuss how the themes of individuality, freedom and education are articulated in Stirner's thought. It begins with a brief history of Stirner's reception. Next, the paper analyzes the subversion of Hegelian dialectics and the critique of Feuerbach's and Marx's atheistic humanism, which remain linked to Christian theology by deifying an abstract human essence. Then, the focus shifts to Stirnerian nominalism and its criticism of God, State, humanity and society as ideological constructs that dominate the (...) class='Hi'>concrete individual. Finally, the paper analyzes the proposal of a new ethics and a new education, based on the singularity of the mortal and corporeal self. (shrink)

This work examines Michel Foucault’s critique of the present, through his analysis of our hidden but still active historical legacies. His works from the Eighties are the beginning of what he called a “genealogy of the desiring subject,” in which he shows that practices such as confession—in its juridical, psychological, and religious forms—have largely dictated how we think about our ethical selves. This constrains our notions of ethics to legalistic forbidden/required dichotomies, and requires that we engage in a hermeneutics of (...) the self which consistently fails to discover its imagined authentic self, or to find the happiness and freedom promised by contemporary ethics. In order to think the modern self in different terms, Foucault’s later works analyzed Classical and Hellenistic ethical sources, emphasizing their distance from today. He hoped doing so would allow us to rethink our current assumptions about ethical matters, the truth of oneself, and the relation to others. While Foucault’s genealogical descriptions critically diagnosed contemporary ills such as these, he did not prescribe a cure, preferring to let his readers experiment with new practices of their own design. This work attempts such an experiment, supplying concrete solutions to our ethical ills, in order to help us improve, as well as understand, our ethical selves. To that end, this work demonstrates that a form of subjectivity based on Benedict Spinoza’s ethical and political works avoids the pitfalls of modern ethics as diagnosed by Foucault. Additionally, the practices of the self found in Spinoza can be used to directly counter and displace each central element of “desiring subjectivity,” and thus supplies the kind of effective positive move which should follow after genealogical critique. (shrink)

Cynicism is a unique philosophy. You could even say that they took their principles a little too far, perhaps. Diogenes' core idea was that Man should live in accordance with nature, as simply as possible. He along with his students were missionaries of a sort, traveling city-to-city preaching about the life of simplicity. To Diogenes, material things like money and lavish accessories corrupted nature. Not only did he despise concrete things, but he also disapproved of social conventions. Like every (...) philosopher in the Hellenistic period, Diogenes believed that virtue was the highest good. Virtue was the rejection of desires and the pursuit of goods earned by the individual, according to Diogenes. What he meant by goods earned by the individual was that things granted by other people and nature happen purely by chance. Diogenes said that everything we own should come from ourselves: confidence, happiness, et cetera. Diogenes said that everything we own should come from ourselves: confidence, happiness, et cetera. Two of the key principles of Cynicism were freedom (eleutheria, ελευθερια) and free speech (parrhesia, παρρησια). To be a Cynic, you must be free from society's and life's constraints and you must also speak without fear. Desires of wealth and reputation were unnatural and made us less human, property and social classes dehumanized us, and conventional, man-made norms limited our freedom. (shrink)

Madness and Modernism is undoubtedly one of the most profound and perspicacious treatments of an illness that is utterly baffling to most laypersons and academics alike. Sass artfully brings together two obscure, complex, and unnerving realms -- the schizophrenic and the modern and postmodern aesthetic -- into mutual enlightenment. The comparisons between schizophrenic symptoms such as loss of ego boundaries, perspectival switching, and world catastrophe with modern literature and art is so adroit that it is almost eerie. The reader finds (...) herself peering into a borderline incomprehensible realm with increasing levels of clarity, by which she gains insight into the utterly chaotic, confused, and bizarre. The lucidity Sass brings to the obscure and confused is a reflection of the many contradictions he introduces to his readers as being entirely paradigmatic of both madness and modernism: that of desiring human contact but also shunning it entirely, of being both afflicted by disease but also exercising a sort of agency, and indeed, an ideal intellectual freedom within the confines of such an affliction, of moving both towards an objectifying materiality of the external world and a total subjectivization of perception, of the tendency towards the hyperabstract and the utterly concrete (between being too "far away" or "too close," respectively). Sass is able to make sense of a world in which these contradictions exist side by side simultaneously, and the disconcerting confusion this causes is palpable to the reader. Sass demonstrates not only his penetrating intellect, but also his unwavering patience and empathy, both in the treatment of the subject matter and the treatment of the subjects suffering from this extraordinary illness. The book is required reading for anyone interested in phenomenological psychiatry, or even psychiatry more generally. (shrink)

In a recent article, ―The Lacuna of Hermeneutics: Notes on the Freedom of Thought, Marcia Sá Cavalcante Schuback raises an important question regarding the limitations of philosophical hermeneutics to be critical and attentive to the reality of current, concrete socio-political issues. In response, I claim that Gadamerian hermeneutics is well positioned to address current and controversial instances of epistemic injustice. In this article, I focus on the contemporary and controversial example of testimony of those who have been injured (...) by the COVID-19 vaccines. In turning to selections from Gadamer‘s Truth and Method, as well his lectures and essays on health and medicine, I argue that Gadamer‘s emphasis on hermeneutic openness and readiness, as well as an attunement to the linguistic and embodied experience of pain, allow us to consider a responsible approach to testimonies of the vaccine injured. Instead of providing a set of criteria or a particular method for distinguishing true from false testimony, Gadamerian hermeneutics calls for an examination and transformation of one‘s prejudices, especially prejudices which may impede one‘s ability to interpret and understand the subject matter in the first place. (shrink)

In this article, I defend the pragmatic relevance of race in history. Kant and Hegel's racist development thesis assumes that nonwhite, non-European racial groups are defective practical agents. In response, philosophers have opted to drop race from a theory of history and progress. They posit that denying its pragmatic relevance amounts to anti-racist egalitarianism. I dub this tactic “colorblind cosmopolitanism” and offer grounds for its rejection. Following Du Bois, I ascribe, instead, a pragmatic role to race in history. Namely, Du (...) Bois argues that race is an “instrument of progress” that advances emancipatory struggle. He appeals to the writing of history—or historiography—to cultivate group consciousness of historical memory in order to strengthen intragroup bonds among the racially oppressed, especially black Americans, and create intergroup bonds that reconstruct the republic on the basis of universal ideals. I detail Du Bois's defense of the black struggle for freedom in the wake of the U.S. Civil War to provide a concrete illustration of “spirit” in American history. (shrink)

In The Second Sex, Simone de Beauvoir diagnoses “woman” as the “lost sex,” torn between her individual autonomy and her “feminine destiny.” Becoming a “real woman” in patriarchal societies demands that women lose their authentic, autonomous selves to become the “inessential Other” for Man. To better understand this diagnosis and how women might refind themselves, I rehabilitate the influence of Søren Kierkegaard and his concept of repetition as what must be lost to be found again in Beauvoir’s account of (...) class='Hi'>freedom and, specifically, the liberation of women. Beauvoir offers a dual account of repetition, that of mundane repetition and sacrificial repetition, bringing them to bear both on her diagnosis of women’s oppression and her theorization of our liberation. Sacrificial repetition becomes a temporality for freedom—one must be able to repeat or retake their autonomy continuously toward an open future. For this to happen concretely, Beauvoir insists that we must sacrifice the (racist, classist) patriarchal ideals of the “real woman” and “real man” as we retake our autonomy and reconfigure the meaning of sex difference anew. (shrink)

Most scholars describe Kant’s idea of dignity as what I term his “vertical” account—that is, our human dignity insofar as we rise above heteronomous natural inclinations and realize human freedom by obeying the moral law. In this paper, I attempt to supplement this traditional view by exploring Kant’s neglected “horizontal” account of dignity—that is, our human dignity insofar as we exist in relationship with others. First, I examine the negative aspect of this horizontal account of dignity, found in Kant’s (...) discussion of public heteronomy perpetuated by unjust social institutions. Second, I explore Kant’s idea of public dignity realized via social interaction: both (1) at the interpersonal level of education and friendship, and (2) at the societal level, in terms of moral education in the public sphere and a communal moral striving towards the highest good. I argue that we cannot realize our full human dignity for Kant outside of the context of concrete social relations with other moral agents. (shrink)

Simone de Beauvoir is renown for The Second Sex (1949), a work now considered to be a feminist classic. Nevertheless, when Beauvoir wrote this book she did not explicitly endorse the women's movement, nor did she associate her analysis with the women's liberation. It took twenty-one years after the publication before she publicly declared herself a feminist, but from that point on she was a dedicated feminist. How can her development from a gender blind young philosopher to a radical feminist (...) activist be explained? In this article I argue that her less known moral philosophy might provide an answer, as it might be understood as the foundation for her later philosophical analysis and political commitments. In her existentialist ethics she assets that freedom to be the normative core value, and develops an ethical justification for why we should defend our own as well as the freedom of others. However, when this idealistic and abstract moral philosophy was applied to the concrete situation of women, she discovered a reality permeated with gendered structures that impeded women's possibilities of transcendence and to attain freedom. An examination of the philosophical link between Beauvoir's ethics, The Second Sex and her feminist analysis also reveals, Pettersen argues, what might happen when a gender blind moral philosophy is faced with a gendered reality. NORWEGIAN ABSTRACT: Hvordan kunne Simone de Beauvoir allerede i 1949 skrive Det annet kjønn uten tilknytning til en kvinnebevegelse, og uten å oppfatte seg som feminist? Svaret er trolig at hennes mindre kjente moralfilosofi danner grunnlaget for senere analyser, og også forklarer utviklingen fra kjønnsblind ung filosof til radikal feministisk aktivist. Forbindelsen mellom Beauvoirs etikk og senere femi- nistiske analyser viser dessuten hva som kan skje når idealistisk moralfilosofi møter en kjønnet virkelighet. (shrink)

Perhaps the question “What is philosophy?” can only be posed late in life, when old age has come, and with it the time to speak in concrete terms. It is a question one poses when one no longer has anything to ask for, but its consequences can be considerable. One was asking the question before, one never ceased asking it, but it was too artificial, too abstract; one expounded and dominated the question, more than being grabbed by it. There (...) are cases in which old age bestows not an eternal youth, but on the contrary a sovereign freedom, a pure necessity where one enjoys a moment of grace between life and death, and where all the parts of the machine combine to dispatch into the future a trait that traverses the ages: Turner, Monet, Matisse. The elderly Turner acquired or conquered the right to lead painting down a deserted path from which there was no return, and that was no longer distinguishable from a final question. In the same way, in philosophy, Kant’s Critique of Judgment is a work of old age, a wild work from which descendants will never cease to flow.We cannot lay claim to such a status. The time has simply come for us to ask what philosophy is. And we have never ceased to do this in the past, and we already had the response, which has not varied: philosophy is the art of forming, inventing, and fabricating concepts. But it was not only necessary for the response to take note of the question; it also had to determine a time, an occasion, the circumstances, the landscapes and personae, the conditions and unknowns of the question. One had to be able to pose the question “between friends” as a confidence or a trust, or else, faced with an enemy, as a challenge, and at the same time one had to reach that moment, between dog and wolf, when one mistrusts even the friend. Gilles Deleuze was professor of philosophy at the University of Paris VIII, Vincennes-St.-Denis, until his retirement in 1987. Among his books translated into English are the two-volume Capitalism and Schizophrenia , the two-volume Cinema , The Logic of Sense , and Expressionism in Philosophy: Spinoza . Daniel W. Smith is a doctoral candidate in philosophy at the University of Chicago. He is at work on a study of the philosophy of Deleuze, and is translating Deleuze’s Francis Bacon: Logique de la sensation. Arnold I. Davidson, executive editor of Critical Inquiry, teaches philosophy at the University of Chicago and is currently Marta Sutton Weeks Fellow at the Stanford Humanities Center. (shrink)

New technologies are the source of uncertainties about the applicability of moral and morally connotated concepts. These uncertainties sometimes call for conceptual engineering, but it is not often recognized when this is the case. We take this to be a missed opportunity, as a recognition that different researchers are working on the same kind of project can help solve methodological questions that one is likely to encounter. In this paper, we present three case studies where philosophers of technology implicitly engage (...) in conceptual engineering (without naming it as such). We subsequently reflect on the case studies to find out how these illustrate conceptual engineering as an appropriate method to deal with pressing concerns in the philosophy of technology. We have two main goals. We first want to contribute to the literature on conceptual engineering by presenting concrete examples of conceptual engineering in the philosophy of technology. This is especially relevant, because the technologies that are designed based on the conceptual work done by philosophers of technology potentially have crucial moral and social implications. Secondly, we want to make explicit what choices are made when doing this conceptual work. Making explicit that some of the implicit assumptions are, in fact, debated in the literature allows for reflection on these questions. Ultimately, our hope is that conscious reflection leads to an improvement of the conceptual work done. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

This article seeks to justify the claim that Thomas Aquinas proposed a concept of natural law which is immune to the argument against the recognition of an objective grounding of the good formulated by a well-known representative of the liberal tradition, Isaiah Berlin, in his famous essay “Two Concepts of Freedom.” I argue that Aquinas’s concept of freedom takes into account the very same values and goals that Berlin set out to defend when he composed his critique of (...) natural law. In particular, the article suggests that Aquinas recognizes freedom as a greater perfection of man than rationality, and that this freedom is realized, among other things, through the co-construction of the good that gives a goal and a shape to human action and to the whole of a person’s life. I argue that the co-construction of such a good involves the co-construction of natural law in the strict sense of the term. Indeed, the content of natural law can be understood as a set of goods which are goals that inform human action. From a human perspective, natural law is not a pre-existing recipe which has merely to be “read.” Defining the concrete content of natural law is an ongoing process. The process of defining natural law’s content takes humanly knowable, objective elements into account, and so draws on knowledge. Yet free choice also plays an important part in this process. When speaking of the process of defining the content of natural law, therefore, and in determining what here-and-now is to be done, it is reasonable to describe man as a creator of the natural law, or as a legislator, just as the members of a parliament are the creators of civil law — bearing in mind that only a just law is truly law and therefore the creation of both civil and natural law reaches only as far is the scope of just actions directed by these laws. From the perspective of human action, we may speak of each person’s free choice to establish a given good as the end of a specific act, and in so doing to declare that action proper under natural law in the strict sense of the term (which differs from the rules of natural law). An appreciation of what is particular and individual (particulare et individuum), and an appreciation of free choice that goes hand-in-hand with this, is deeply embedded in Thomas’s system of thought. Particularity and individuality has its basis in an especially excellent way of human existence. (shrink)

Søren Kierkegaard is often considered to be one of the most vocal critics of German idealism. The present paper analyzes the philosophical similarity between Friedrich Schelling ’s early idealistic work and Kierkegaard ’s existential writings, endeavoring to display Schelling ’s epic 1809 publication Philosophical Investigations into the Essence of Human Freedom as a possible forerunner to Kierkegaard. This juxtaposition reveals concrete similarity that supports the thesis that Schelling ’s work could have been of great inspirational value for Kierkegaard, (...) especially Kierkegaard ’s core concepts such as freedom, morality and God. However, Schelling ’s early work is primarily appreciated as a philosophy of nature, and therefore fundamentally different from Kierkegaard ’s theistic-psychological writings. The present paper tentatively opposes this distinction, concluding that if Schelling really is a forerunner to Kierkegaard, then we ought to appreciate Kierkegaard ’s writings as conveying more than a theological message. The conclusion suggests that Kierkegaard ’s writings should be interpreted in a broader philosophical context, closer to the metaphysical idealism he is often assumed to resist. (shrink)

Two interlocutors, Philip Pettit and a student, are exchanging views on liberal political and economic philosophy during lunch at Prospect House, the faculty club of Princeton. The dialogue begins with clarifications of the notion of liberty, and, against objections of the student, Pettit introduces and defends his own conception of freedom as non-domination rather than as non-interference. It proceeds with an exchange of arguments regarding the different kinds of institutional settings that entrench liberty and all the other things valued (...) by humans. The interlocutors reach a preliminary consensus that in order to substantiate the republican ideal of freedom as non-domination in concrete institutional realities, two things are required: the establishment of a mixed constitution – so that no single, unconstrained body can exercise lawmaking and other government functions – as well as eternal vigilance on the part of the citizens. The second part of the dialogue deals with a major challenge to the republican political philosophy expressed by the student: the issue of non-domination in markets, which is diagnosed as an important lacuna in republican thought. (shrink)

This article explains Muhammad Iqbal’s politics of spiritual democracy and examines its applications to Pakistan and the contemporary world. Almost an official doctrine has emerged that Pakistan's creation is the result of Iqbal’s philosophy. If it is the result of the intended or unintended consequences of Iqbal’s philosophy, the question is whether Pakistan has adopted the version of his democracy. Iqbal’s ‘spiritual democracy’ stands contrary to the European model of democracy. European democracy, according to Iqbal, is materialistic and acquires the (...) interests of the individual rather than the interests of humanity. Iqbal used the expression “spiritual democracy” once in The Reconstruction of Religious Thought in Islam, he did not explain it. I interpret Iqbal’s ‘spiritual democracy’ in the holistic sense of Hegel’s idea of abstract-concrete distinction. I argue that Iqbal used ‘spiritual democracy,’ ‘Muslim democracy,’ and Islamic democracy, interchangeably in his writings. Drawing on the key values of Islamic ethics, notably freedom, equality, and fraternity, Iqbal developed his idea of spiritual democracy, which posits the idea of an ideal society by discarding racial, cultural, ethnic, or linguistic disparities for acquiring the common good. This article explains four theses of Iqbal’s moral and political philosophy to make sense of his model of spiritual democracy: first, human beings have the potential to legislate laws to make this world livable. Second, all human beings are equal in the moral sense. Third, human beings are free and responsible agents. Fourth, human beings have fraternal relationships to each other. So, the article explains the salient features of Iqbal’s politics of spiritual democracy and determines its implications for Pakistan, and the contemporary world. (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)

Volition and Allied Causal Concepts is a work of aetiology and metapsychology. Aetiology is the branch of philosophy and logic devoted to the study of causality (the cause-effect relation) in all its forms; and metapsychology is the study of the basic concepts common to all psychological discourse, most of which are causal. Volition (or free will) is to be distinguished from causation and natural spontaneity. The latter categories, i.e. deterministic causality and its negation, have been treated in a separate work, (...) The Logic of Causation. Volition may be characterized as personal causality, a relation between an agent (the self or soul) and his actions (acts of will). Unlike causation, this relation cannot be entirely defined using conditional (if–then) propositions. Although we can say that the agent is a sine qua non of his actions, we cannot say that the agent is invariably (in all or specific circumstances) followed by his actions. It appears that both an act of will and its negation remain possible to a soul in any given set of circumstances. This defines freedom of the will, and implies the responsibility of the agent for his actions. Introspection provides knowledge of particular acts of will. The existence of freewill implies a distinction between necessary causation (determinism independent of volition) and inertial causation (determinism, except when some contrary will interferes). An act of will occurs on a spiritual plane. It may have natural (mental or physical) consequences; those that inevitably follow it may be regarded as directly willed, whereas those that vary according to circumstances must be considered indirectly willed. Volition presupposes some degree of consciousness. So-called involuntary acts of will involve a minimum of attention, whereas mindful acts are fully conscious. Even pure whim involves intention. Most volitions moreover involve valuation, some sort of projection of goals, deliberation on means, choice and decision. To judge responsibility, various distinctions are called for, like that between intentional, incidental and accidental consequences. Volitional action can be affected through the terms and conditions of the world surrounding its agent, but also more intimately through the influence of concrete or abstract aspects of that world that the subject has cognized. The causal concept of influence, and its implication of cognition (of inner or outer information, including emotions), are crucial to measuring the effort involved in volition. Influences make willing easier or harder, yet do not curtail its essential freedom. All the causal concepts used in psychological explanation – affections, appetites, instincts, habits, obsessions, compulsions, urges and impulses – can be elucidated thanks to this important finding. Much of human (and animal) behavior can thus be both acknowledged as volitional and as variously influenced. Volition and Allied Causal Concepts is a work of ambitious scope, intent on finally resolving philosophical and logical issues that have always impeded progress in psychology. It clarifies the structure and workings of the psyche, facilitating hygienic and therapeutic endeavors. The relation between volition and physical laws is discussed, as is the place of volition in biology. Concepts used in biology, analogous to that of purpose, are incidentally analyzed. Theological issues are also dealt with, as are some topics in ethics and law. (shrink)

As we know, there is a difference between a simple wish and the will of an individual. Not only a concrete action is required in order to alleviate the impact of various factors that inhibit the former before it becomes ‘will’, but also a deep level of human consciousness. It implies conscientious motivation, clear goals, etc. My paper introduces some of the elements instrumental in the leap from the wish to the human will. As the issue of Free Will (...) is central to the paper because when I say ‘human will’ I refer to ‘free will’, I need to mention that my perspective on this notion is pragmatic. I. e. I understand that even though any decision we make is conditioned by various factors, we do not think of this state of affair when we carry out our activities – at least not always. Because of that we feel free – free enough to be able to function according to social norms. (shrink)

The “theses of Alcalá” were two controversial statements defended by certain Jesuits at the University of Alcalá de Henares in 1601. One of them was perceived by the Pope as particularly offensive: “It does not belong to Faith that this concrete man, for example, Clement VIII, is the Roman Pontiff”. When Pope Clement learned of this theological act, the Spanish Inquisition intervened, since it attempted to prevent the Supreme Pontiff from reserving the cause for himself. In this article, we (...) delve into these events thanks to several hitherto unpublished manuscripts. Among these documents we highlight several by F. Peña, a Spaniard who interpreted this statement as a subterfuge by the Society of Jesus to avoid the supposedly imminent condemnation of Luis de Molina, a Jesuit whose book on divine predestination and human freedom was being examined in Rome at the time. The documents transcribed here provide us with new details, such as the precise text of the conclusions defended in Alcalá. In addition, it is noteworthy that Peña was the first to understand correctly the position of the Dominican Domingo Báñez, because according to him it does belong to faith that Clement VIII is Pope, even though not in a primary way. (shrink)

Grappling with the marginalization of the marginal in Western thinking, this paper sets up a dialogue between Emmanuel Levinas’s philosophy and Johann Baptist Metz’s political theology in order to learn from their thoughts on the suffering of victims. For both Levinas and Metz, the idea of theodicy as an explanation of suffering is linked to the ontological conception of time and history, and therefore useless and unjustifiable by nature. The essential question of this research is how to give meaning to (...) the concrete suffering of humanity in order to redeem history from the concept of an evolutionary progress which limits the possibility of hearing the cries of the victims of history. This article will show how Levinas’s and Metz´s rejection of traditional theodicy is closely related to the concepts of memory and history and, therefore, the paper will demonstrate how traditional theodicy becomes for both thinkers an ethical theodicy. Consequently, the ethical account of theodicy replaces the attempt to negotiate the goodness and power of God with the pain of human beings. From this perspective, ethics is shaped by a response to the cry of victims which summons the subject to understand freedom as limited and subordinated to ethical responsibility. In responding to suffering, philosophy and theology can meet beyond idealism and dogmatism. (shrink)

Resumen: Es un hecho que Dios ha impreso de un modo necesario e indefectible la dirección hacia su fin a las creaturas materiales y a las creaturas espirituales incluido el caso concreto del hombre. Pero también es un hecho que en el mundo corpóreo, la persona humana cuenta con la libertad de los medios para alcanzar dicho fin. En esto se distingue el hombre de los animales irracionales, en que la naturaleza espiritual y libre ha de ser encauzada en su (...) actividad por una ley específicamente distinta a la del mundo irracional, que a la vez de conducirla eficazmente hacia su fin, sea compatible con la libertad. Dada la relevancia de este tema para la comprensión del problema moral del hombre, el objeto de este trabajo es profundizar en la naturaleza del acto libre y por ende en los principios que fundamentan la libertad en el pensamiento de Santo Tomás de Aquino quien sin lugar a duda ha logrado una gran profundidad en el análisis del acto humano. Palabras clave: acto - bien - felicidad - fin - libertad -/- Abstract: God has impressed upon both material and spiritual creatures, including the concrete case of man, a necessary and indefectible direction towards their end. But at the same time, in the corporeal world, the human person possesses a special freedom with regard to the means whereby to reach that end. This is precisely what distinguishes man from irrational animals: that our free and spiritual nature must be directed in its activity by a law specifically distinct from that of the irrational world, such that, while it drives us towards our end, it remains compatible with free will. Given the relevance of this theme for the understanding of the moral problem of the human person, the goal of this work is to delve more deeply into the nature of free human acts and therefore into the foundational principles of free will in the thought of St. Thomas Aquinas, who undoubtedly has offered a profound analysis of human acts. Keywords: act - good - happiness - end - freedom . (shrink)

Contemporary reluctance to consider any complicity between philosophy and religion has led to an inability to consider, in Hegel studies, how the revelatory agency of the Absolute necessarily complements the narrative of human reason. According to Hegel, reason alone can do no more than end in the endless limitations of actuality, in the infinite approximations of a moral summum bonum and in the ad infinitum strivings for concrete political freedom. Recognizing where revelatory agency occurs in Hegel’s Science allows (...) us to recognize the Idea’s freedom in the worldly, human expressions of art, religion and philosophy, in their philosophical study within the state University. Without such recognition, both Left and Right fields of Hegel interpretation tend to evaluate the success (or failure) of his philosophy based on inflated, unrealistic expectations of what is meant by “actuality.”. (shrink)

I defend a one category ontology: an ontology that denies that we need more than one fundamental category to support the ontological structure of the world. Categorical fundamentality is understood in terms of the metaphysically prior, as that in which everything else in the world consists. One category ontologies are deeply appealing, because their ontological simplicity gives them an unmatched elegance and spareness. I’m a fan of a one category ontology that collapses the distinction between particular and property, replacing it (...) with a single fundamental category of intrinsic characters or qualities. We may describe the qualities as qualitative charactersor as modes, perhaps on the model of Aristotelian qualitative (nonsubstantial) kinds, and I will use the term “properties” interchangeably with “qualities”. The qualities are repeatable and reasonably sparse, although, as I discuss in section 2.6, there are empirical reasons that may suggest, depending on one’s preferred fundamental physical theory, that they include irreducibly intensive qualities. There are no uninstantiated qualities. I also assume that the fundamental qualitative natures are intrinsic, although physics may ultimately suggest that some of them are extrinsic. On my view, matter, concrete objects, abstract objects, and perhaps even spacetime are constructed from mereological fusions of qualities, so the world is simply a vast mixture of qualities, including polyadic properties (i.e., relations). This means that everything there is, including concrete objects like persons or stars, is a quality, a qualitative fusion, or a portion of the extended qualitative fusion that is the worldwhole. I call my view mereological bundle theory. (shrink)

The keeping of captive animals in zoos and aquariums has long been controversial. Many take freedom to be a crucial part of animal welfare and, on these grounds, criticise all forms of animal captivity as harmful to animal welfare, regardless of their provisions. Here, we analyse what it might mean for freedom to matter to welfare, distinguishing between the role of freedom as an intrinsic good, valued for its own sake and an instrumental good, its value arising (...) from the increased ability to provide other important resources. Too often, this debate is conducted through trading intuitions about what matters for animals. We argue for the need for the collection of comparative welfare data about wild and captive animals in order to settle the issue. Discovering more about the links between freedom and animal welfare will then allow for more empirically informed ethical decisions regarding captive animals. (shrink)

This paper argues that influential Mahāyāna ethicists, such as Śāntideva, who allow for moral rules to be proscribed under the expediency of a compassionate aim, seriously compromise the very notion of moral responsibility. The central thesis is that moral responsibility is intelligible only in relation to conceptions of freedom and human dignity that reflect a participation in, and sharing of, interpersonal relationships. The central thesis of the paper is that revisionary strategies, which seek to explain agency in event-causal terms, (...) set the stage for moral epiphenomenalism. On the view I defend here, an effective compatibilist solution to the problem of reconciling freedom of the will and determinism depends on expanding, rather than eliminating, the complex register of factors that underpin the experiential aspects of our moral life. (shrink)

Today it would be considered "bad Platonic metaphysics" to think that among all the concrete instances of a property there could be a universal instance so that all instances had the property by virtue of participating in that concrete universal. Yet there is a mathematical theory, category theory, dating from the mid-20th century that shows how to precisely model concrete universals within the "Platonic Heaven" of mathematics. This paper, written for the philosophical logician, develops this category-theoretic treatment (...) of concrete universals along with a new concept to abstractly model the functions of a brain. (shrink)

In this chapter, I survey what I call Lewisian approaches to modality: approaches that analyze modality in terms of concrete possible worlds and their parts. I take the following four theses to be characteristic of Lewisian approaches to modality. (1) There is no primitive modality. (2) There exists a plurality of concrete possible worlds. (3) Actuality is an indexical concept. (4) Modality de re is to be analyzed in terms of counterparts, not transworld identity. After an introductory section (...) in which I motivate analyzing modality in terms of possible worlds, I devote one section to each of these four theses. For each thesis, I take Lewis’s interpretation and defense as my starting point. I then consider and endorse alternative ways of accepting the thesis, some of which disagree substantially with Lewis’s interpretation or defense. There is more than one way to be a Lewisian about modality. (shrink)

There is a growing sense of unease around algorithmic modes of governance ('algocracies') and their impact on freedom. Contrary to the emancipatory utopianism of digital enthusiasts, many now fear that the rise of algocracies will undermine our freedom. Nevertheless, there has been some struggle to explain exactly how this will happen. This chapter tries to address the shortcomings in the existing discussion by arguing for a broader conception/understanding of freedom as well as a broader conception/understanding of algocracy. (...) Broadening the focus in this way enables us to see how algorithmic governance can be both emancipatory and enslaving, and provides a framework for future development and activism around the creation of this technology. (shrink)

I argue that Azerbaijani universities are a façade masking an ulterior motive. I examine the difficult relationship between authoritarian power and the university in Azerbaijan through the study of coercive policies put in place by university administrators preventing free thought and hampering the freedom of academics. My central thesis is that the university is a place where researchers should be able to teach and conduct their research freely, without any hindrance from their administrators. However, in authoritarian countries, such as (...) Azerbaijan, academic freedom suffers from regular interference and restrictions on the part of those administrators who, arguably due to the nature of the regime, assume that academics are not supposed to criticize the society, politics or universities in which they work. These administrators, who are often academics themselves, mistakenly believe that university priorities should be at the service of the regime at the expense of knowledge. I submit that the rigid discipline of Azerbaijani universities and the unfree relationship between high-ranking administrators and scholars – a relationship based on the domination of the former over the latter – do not only stymie academic discussions and development, but also squelch the liberty and creativity of scholars. (shrink)

Despite the plethora of freedom of religion literature (under section 2(a) of the Canadian Charter of Rights and Freedoms), the corresponding literature on the freedom of conscience is minimal. To further the discussion on the freedom of conscience, I rely heavily on the philosophical literature to make an important distinction; the difference between individual- based and communal-based conceptions of conscience. Whereas the former is plagued with subjectivity, making it difficult to conceptualize a working framework for the Charter (...) right, the latter offers a promising foothold to rise above subjectivity and find a firm footing based on communal relations. In emphasizing the importance of the dialogical nature of human beings and the relational necessity undergirding moral judgements, I argue that the concept of conscience should be understood and practiced in community, rather than individually. (shrink)

“Freedom” is a phenomenon in the natural world. This phenomenon—and indirectly the question of free will—is explored using a variety of systems-theoretic ideas. It is argued that freedom can emerge only in systems that are partially determined and partially random, and that freedom is a matter of degree. The paper considers types of freedom and their conditions of possibility in simple living systems and in complex living systems that have modeling subsystems. In simple living systems, types (...) of freedom include independence from fixed materiality, internal rather than external determination, activeness that is unblocked and holistic, and the capacity to choose or alter environmental constraint. In complex living systems, there is freedom in satisfaction of lower level needs that allows higher potentials to be realized. Several types of freedom also manifest in the modeling subsystems of these complex systems: in the transcending of automatism in subjective experience, in reason as instrument for passion yet also in reason ruling over passion, in independence from informational colonization by the environment, and in mobility of attention. Considering the wide range of freedoms in simple and complex living systems allows a panoramic view of this diverse and important natural phenomenon. (shrink)