The main thesis of this paper is that, whereas an intention simpliciter is a commitment to a plan of action, a conditional intention is a commitment to a contingency plan, a commitment about what to do upon (learning of) a certain contingency relevant to one’s interests obtaining. In unconditional intending, our commitment to acting is not contingent on finding out that some condition obtains. In conditional intending, we intend to undertake an action on some condition, impinging on (...) our interests, which is as yet unsettled for us, but about which we can find out without undue cost. (shrink)

This chapter discusses different perspectives and trends in social decision making, especially the actual processes used by humans when they make decisions in their everyday lives or in business situations. The chapter uses cognitive psychological techniques to break down these processes and set them in their social context. Most of our decisions are made in a social context and are therefore influenced by other people. If you are at an auction and bidding on a popular item, you will try to (...) guess how long the others will keep in the bidding race. Likewise, when you and another person have to coordinate your decision to win a card game you will also try to think about what the other person know and what s/he will do, so you can adjust your choice. In other words, you are trying to come up with a model of the person and his decision-making process. This involves the capability to think about the thoughts and intentions of others, to put yourself in another person's shoes (perspective taking), and to think recursively about your and another person's over several steps (like in a game of chess). Especially, recursive social reasoning is one of the hallmarks of social decision-making. Whereas observational, competitive and cooperative decision-making can all be seen as trying to maximize the own reward or profit, altruistic decision-making blatantly violates this axiomatic principle of behavioral economics. Yet, altruistic behavior is quite common throughout human society. -/- . (shrink)

Essays on Aristotle's Sea-Battle, Lazy Argument, Argument Reaper, Diodorus' Master Argument -/- The book is devoted to the ancient logical theories, reconstruction of their semantic proprieties and possibilities of their interpretation by modern logical tools. The Ancient arguments are frequently misunderstood in modern interpretations since authors usually have tendency to ignore their historical proprieties and theoretical background what usually leads to a quite inappropriate picture of the argument’s original form and mission. Author’s primary intention was to draw attention to (...) the complexity of some historical arguments and to the theoretical context in which arguments were created, circulated, developed, and finally tuned. Four well-known ancient arguments – with a common central subject related to the future contingencies problem – are reconstructed from available historical sources: “The Sea Battle”, which is drawn from Aristotle’s treatise De Interpretatione; two arguments, usually ascribed to the Stoics, “The Lazy Argument” and “The Reaper”; “The Master Argument” of the Megarian philosopher Diodorus. Arguments are linguistically and semantically detaily analyzed, formally presented by reflecting some relevant corresponding hypotheses based on physical or logical theories of their ancient authors, and finally covered by appropriate logical tools familiar to a modern reader. Two appendices are added at the closing part of the book. One covering some assumptions relevant for understanding of rival streams in ancient theories of meaning related to the nature of names and naming; the other is devoted to the ancient understanding of logical proposition and attempts to find an adequate Latin translation of the Greek delicate philosophical term “ἀξίωμα”. (shrink)

Attempting art: an essay on intention-dependenceIt is a truism among philosophers that art is intention-dependent—that is to say, art-making is an activity that depends in some way on the maker's intentions. Not much thought has been given to just what this entails, however. For instance, most philosophers of art assume that intention-dependence entails concept-dependence—i.e. possessing a concept of art is necessary for art-making, so that what prospective artists must intend is to make art. And yet, a mounting (...) body of anthropological and art-historical evidence and philosophical argument suggests that not only is such a criterion unsatisfied by most of the art-historical canon, but it also rests on a false premise: concepts of 'art' are not shared between cultures, nor even in the same culture across time. My dissertation aims to rectify this error by first exploring what our commitment to art's intention-dependence actually entails, and then showing that, properly understood, intention-dependence sets a number of important constraints on theories of art with respect to explanatory desiderata such as the success- and failure-conditions of art-attempts, the cross-cultural identification of art, and the reference of 'art' and art-kind terms. I begin by situating art's intention-dependence in the philosophical literature on intentional action, arguing that, properly conceived, intention-dependence is a weak criterion which can be satisfied either directly or indirectly. It therefore does not necessarily entail concept-dependence. I then use this distinction to motivate a new treatment of the success- and failure-conditions for art-attempts, arguing that the extant model's emphasis on compliance with 'the manner intended' is far too restrictive to capture actual artistic practices. I go on to show that Ruth Millikan's model of linguistic conventions supplies an independently plausible explanation of art's concept-independent origins in terms of the development of a system of indirectly intention-dependent conventions called an 'artworld'. I argue that this account of artworld development supplies us with the tools we need to distinguish art-kinds from other artifactual kinds. Finally, I turn my attention to methodological issues, arguing that even though 'art' is a social kind with its roots in arbitrary and historically-contingent networks of conventions, the philosophy of art is not merely an exercise in bare conceptual analysis. In fact, there is now a great deal of evidence to show that the ways we think about 'art' are inconsistent, incomplete, imperialistic, and largely unprincipled. Yet I argue that this does not mean that the artworld data have no bearing on theories of art. Instead, I argue that our best reflective understanding of our artworld practices sets the constraints on the reference of 'art' and art-kind terms. I argue that we have no privileged epistemic access to the ontology of social kinds; our only privilege lies in our ability to determine the proper subject of our inquiries. (shrink)

Conditional willing of morally impermissible actions like adultery tells us something about the moral agent, as does the liability to will such actions in certain unrealised contingencies. However, I argue, a liability to will wrongful actions in some circumstances need not (though it might) affect the moral permissibility of the act intended here and now e.g. terms of going through a marriage ceremony or enjoying sexual acts with one's spouse. This chapter explores the issue of conditional, preparatory or contingent (...) intentions of spouses with critical reference to work of John Finnis in this area. (shrink)

An agent’s knowledge of her own intentional actions (agential knowledge) is non-observational. Yet, intentional actions typically consist of happenings external to the agents. A theory is needed to explain how agents are warranted to form such beliefs independent of observation. This paper first argues for three desirable features of an ideal theory about agential knowledge. After showing that no existing theories possess all three, a novel theory that does is presented. According to this theory, agential knowledge is the same kind (...) of knowledge as the Kripkean contingent a priori: they are knowledge justified a priori by stipulation. (shrink)

The "Guise of the Good" thesis explains the nature of intentional action as one that is aimed at accomplishing some good. This makes sense as an explanation of why people do what they do, since we are less likely to deliberately act upon intentions in which we see no good. Francesco Orsi has argued that an agent's perception of an action as good is a necessary reason for its being carried out. I show that Orsi's thesis is merely a (...) class='Hi'>contingent explanation of intentional human action, and hence that the Guise of the Good thesis is false. (shrink)

Recent philosophical accounts of discrimination face challenges in accommodating robust intuitions about the particular way in which it is wrongful—most prominently, the intuition that discriminatory actions intrinsically violate equality irrespective of their contingent consequences. The paper suggests that we understand the normative structure of discrimination in a way that is different from the one implicitly assumed by these accounts. It argues that core discriminatory wrongs—such as segregation in Apartheid South Africa—divide into two types, corresponding to violations of relational and (...) distributive equality; and that a pluralistic view of the internal structure of each type should be adopted. This normative structure serves to appropriately vindicate the mentioned intuitions; it also contributes to clarifying the normative underpinnings of legal concepts associated with discrimination (including the distinctions between direct and indirect, or ‘disparate treatment/impact’ discrimination, and intentional vs. unintentional discrimination), and developing a more productive public discourse around allegations of discrimination. (shrink)

Purpose – The goal of this study is to examine the factors (e.g. enjoyment, skills, challenge, telepresence and flow) that influence players’ purchase intention toward Dota 2 virtual in-game as well as examine the effect of flow toward purchase intention of Dota 2 through the critical mechanism (i.e. continuous intention). Notably, the analysis of the moderating role of enjoyment of buying on the relation of (a) flow and purchase intention of Dota 2 in-game, as well as (...) (b) between flow continuous intention and finally (c) between continuous intention purchase intention of Dota 2. -/- Design/methodology/approach – The data were gained from 331 users using Google Forms and posted to respondents on social media platforms and forums such as Facebook and Reddit, as these websites have the closest reach to gamers. -/- Findings – The study revealed that enjoyment, skill, challenge and telepresence have a positive effect on flow. Also, the flow was significantly related to purchase intention. The continuous intention has significantly mediated the relationship between flow and purchase intention. Importantly, this study found that the moderating role of buying enjoyment increases the relationship between flow and purchase intention (H7a) and between continuous intention and purchase intention (H7c). In contrast, the moderating role of buying enjoyment on the relationship between flow and continuous intention (H7b) was not supported. Hence, this study sheds new light on the notable Dota 2 in-game and continuous intention purchase intention of the users. -/- Originality/value – In response, this study’s main research question can be highlighted on testing how enjoyment, skills, challenge, telepresence, in-game virtual items influence purchasing intention when the enjoyment of buying moderates the proposed relationship? Therefore, this study aims to examine the significant elements like enjoyment, skills, challenge telepresence toward flow, and subsequently, the effect of flow toward purchase intention of Dota 2 in-game through continuous intention as a key mechanism which is urgently needed to minimize the gap in-game virtual items literature. Significantly, this study also intends to explore the contingent role of enjoyment of buying on the relation of flow and purchase intention of Dota-2 ingame, as well as between flow and continuous intention and finally between continuous intention and purchase intention. (shrink)

The main intent of this thesis is to defend that the laws of nature are better thought as transcendent universals, such as platonic governism suggests, and that they are metaphysically necessary in a strong way, such as the heterodox version of such platonism defends. With this intention, we sustain that physical symmetries are essential consequences of the laws of nature – what solves the challenge of symmetries – thus being metaphysically necessary, without being governist's necessitation laws. First, we will (...) show what laws of nature are and the reasons to reject other metaphysical theories and to accept platonic governism. Soon after, we will present the challenge of symmetries and the reasons to prefer the platonic governist answer over dispositionalist, regularist, aristotelic (governism), counterfatualist and primitivist ones. At last, we will define what is the metaphysical necessity, argue for the strong metaphysical necessity of laws and their consequences, and show why the reasons for the contingency or weak necessity of laws are bad theoretical paths. (shrink)

I argue that the feeling that one is the owner of his or her mental states is not an intrinsic property of those states. Rather, it consists in a contingent relation between consciousness and its intentional objects. As such, there are (a variety of) circumstances, varying in their interpretive clarity, in which this relation can come undone. When this happens, the content of consciousness still is apprehended, but the feeling that the content “belongs to me” no longer is secured. (...) I discuss the implications of a mechanism enabling personal ownership for understanding a variety of clinical syndromes as well normal mental function. (shrink)

I provide a novel, non-reductive, action-first skill-based account of active imagining. I call it the Skillful Action Account of Imagining (the skillful action account for short). According to this account, to actively imagine something is to form a representation of that thing, where the agent’s forming that representation and selecting its content together constitute a means to the completion of some imaginative project. Completing imaginative projects stands to the active formation of the relevant representations as an end. The account thus (...) bakes in the means-end order that some in action theory take to be definitional of intentional action. Moreover, in the spirit of this conception of intentional action, I hold that a central feature of the means-end order exhibited in active imagining is the agent’s direct non-observational knowledge both of her act of imagining and of its having this order. The agent knows that she’s actively imagining (that-)p and knows why she actively imagines this–to carry on the pretense, engage in the fiction, predict another’s behavior, reason about possibility or necessity, reason about contingent matters of fact, just imagine for its own sake, and so on. I show that the account accounts for the possibility of misimagining while holding onto the idea that we imagine what we intend to imagine. I likewise show that the account unifies imagining across types of imaginative project like those just listed in a way that tolerates conflict in the roles that imagining plays in the mental economy across those projects. Finally, I show that the account can accommodate passive imagining like involuntary and automatic imagining as well as mind wandering. -/- Acknowledgments: I'd like to thank Amy Kind, Robert Brandom, Colin Allen, Peter Langland-Hassan, Alison Springle, Daniel Munro, Nick Wiltsher, and Andrew Rubner for excellent comments on earlier drafts from which this paper greatly benefited. I'd also like to thank two anonymous reviewers for extremely helpful comments. And I'd like to thank participants of the 2022 Simulationism Conference hosted by the Centre for Philosophy of Memory and the 4th Annual Conference [Online/Virtual] for Imagination Domination (COVID) hosted by Amy Kind for excellent feedback on earlier versions of the paper. (shrink)

The demands of rationality are linked both to our subjective normative perspective (given that rationality is a person-level concept) and to objective reasons or favoring relations (given that rationality is non-contingently authoritative for us). In this paper, I propose a new way of reconciling the tension between these two aspects: roughly, what rationality requires of us is having the attitudes that correspond to our take on reasons in the light of our evidence, but only if it is competent. I show (...) how this view can account for structural rationality on the assumption that intentions and beliefs as such involve competent perceptions of downstream reasons, and explore various implications of the account. (shrink)

Affective experiences motivate and rationalize behavior in virtue of feeling good or bad, or their valence. It has become popular to explain such phenomenal character with intentional content. Rejecting evaluativism and extending earlier imperativist accounts of pain, I argue that when experiences feel bad, they both represent things as being in a certain way and tell us to see to it that they will no longer be that way. Such commands have subjective authority by virtue of linking up with a (...) relevant background concern. The imperative content explains but doesn’t constitute world-directed motivation. It also rationalizes action indirectly, by giving rise to an affective seeming that represents the situation as calling for the authoritatively commanded behavior. One experience feels worse than another if its content tells us to bear a higher opportunity cost to comply with the command. Finally, experience-directed motivation is contingent on our being attitudinally (dis)pleased with the character of our experience. (shrink)

If there is something (P) that every possible agent is committed to value, and certain actions or attitudes either enhance or diminish P, then normative claims about a range of intentional actions can be objectively and non-trivially evaluated. I argue that the degree of existence as an agent depends on the consistency of reflexive-relating with other individuals of the agent-kind: the ontological thesis. I then show that in intending to act on a reason, every agent is rationally committed to value (...) ‘above all else’ being an agent, what consists in exercising the capacity to act and having the freedom to discriminate between more or less valuable actions: the transcendental thesis. Since the degree of possession of this personal but non-contingent good depends on relating to other agents in a special way, certain actions and attitudes may be objectively right or wrong for all agents. (shrink)

Kant scholarship often refers to transcendental idealism as a ‘theory.’ Kant’s project, however, is not easily reconciled with that term in its current use. This paper contends that his critique and idealism should be seen as a remedial response against our natural albeit confused prejudice of transcendental realism. Kant’s idealism articulates a ‘metametaphysical’ ethos that is supposed to provide a new grounding of metaphysics by proceeding ‘from the human standpoint:’ it aims to dispel the temptation of transcendental realism in favor (...) of a resolute inhabitation of, and contentment with, our own humanity. This project comes under pressure in post-Kantianism: Fichte is among the first to voice the worry that Kant’s critique is well-intentioned, but not well-executed. His concern is that, while it ‘bring[s] man into harmony with himself,’ this mere contentment with our own humanity will not suffice to achieve the scientificity that, by Kant’s own lights, is the mark of any promising metaphysics. Fichte’s charge is that Kant’s idealism, in its very confinement to the brute facts of the human condition, surrenders itself to unacceptable contingency or ‘facticity.’ The paper explores Kant’s idealist project of grounding metaphysics, Fichte’s facticity charge against it, and whether Kantian idealism can withstand it. (shrink)

In recent years, theorists have debated how we introduce new social objects and kinds into the world. Searle, for instance, proposes that they are introduced by collective acceptance of a constitutive rule; Millikan and Elder that they are the products of reproduction processes; Thomasson that they result from creator intentions and subsequent intentional reproduction; and so on. In this chapter, I argue against the idea that there is a single generic method or set of requirements for doing so. Instead, there (...) is a variety of what I call “anchoring schemas,” or methods by which new social kinds are generated. Not only are social kinds a diverse lot, but the metaphysical explanation for their being the kinds they are is diverse as well. I explain the idea of anchoring and present examples of social kinds that are similar to one another but that are anchored in different ways. I also respond to Millikan’s argument that there is only one kind of “glue” that is “sticky enough” for holding together kinds. I argue that no anchoring schema will work in all environments. It is a contingent matter which schemas are successful for anchoring new social kinds, and an anchoring schema need only be “sticky enough” for practical purposes in a given environment. (shrink)

The ability of a group of adults with high functioning autism (HFA) or Asperger Syndrome (AS) to distinguish moral, conventional and disgust transgressions was investigated using a set of six transgression scenarios, each of which was followed by questions about permissibility, seriousness, authority contingency and justification. The results showed that although individuals with HFA or AS (HFA/AS) were able to distinguish affect-backed norms from conventional affect-neutral norms along the dimensions of permissibility, seriousness and authority-dependence, they failed to distinguish moral and (...) disgust transgressions along the seriousness dimension and were unable to provide appropriate welfare-based moral justifications. Moreover, they judged conventional and disgust transgressions to be more serious than did the comparison group, and the correlation analysis revealed that the seriousness rating was related to their ToM impairment. We concluded that difficulties providing appropriate moral justifications and evaluating the seriousness of transgressions in individuals with HFA/AS may be explained by an impaired cognitive appraisal system that, while responsive to rule violations, fails to use relevant information about the agent’s intentions and the affective impact of the action outcome in conscious moral reasoning. (shrink)

Universal Game Theory - The theory that all of life is a game played by consciousness’es, (Living Beings). The board is a dream like structure of the universe. The progression is through an active process of intent witnessing, and passive meditation. Which releases the tension in the nerves of the body and leads to selfless actions, moral goodness, and eventually the finish, Enlightenment. Just like a wounded creature only cares about it’s own self. Man in tensionthrough self-centered thought only thinks (...) about his own predicaments. Even if he is thinking about others it is only through his own objectionable view from his false-created center. The enemy or deterrents in the game is the conditioning created by society for ambition, greed, control and general brain washing to give theindividual a false sense of identity, the ego. This is achieved by Religion; tradition, culture, education, reasoning, linear thought, and the creation of time. Leaving him/her in constant anxiety about millions of future contingencies. Through witnessing one realizes the whole futility of one dimensional thought which only leads to more and more thought. Simple or constructed elaborately, thought being time, a human construction. The final step of the Universal Game Theory is understanding the whole process of thought and the eventual revelation of Enlightenment, Bliss, ecstasy. Which the person then understands that he/she is the creator of the life/dream with which they are in. That point being a sexual ecstasy similar to what happens in death to men. i.e. Human males release semenwhen they die, having a sexual ecstasy at their last breath. (shrink)

The aim of this paper is to bring to light the anthropological dimension of Kant’s account of cognition as it is developed in the Lectures on Anthropology. I will argue that Kant’s anthropology of cognition develops along two complementary lines. On the one hand, it studies Nature’s intentions for the human species – the “natural” dimension of human cognition. On the other hand, it uses this knowledge to help us realise of our cognitive purposes – the “pragmatic” dimension of human (...) cognition. Insofar as it is intended for us as embodied human agents whose cognition takes place in the empirical world, it is concerned with the knowledge of the natural subjective conditions that help or hinder our cognition. Yet the idea that Kant’s anthropology of cognition has a pragmatic dimension turns out to be problematic. For whilst pragmatic anthropology is defined as ‘the investigation of what he as a free-acting being makes of himself, or can and should make of himself’ (A 7:119), by contrast with acting, cognising seems to be beyond the realm of voluntary action. However, I will show that Kant’s account of cognition makes room for a form of epistemic control that is sufficient to account for the possibility of its pragmatic dimension. Therefore, far from portraying human beings as disembodied pure minds, Kant’s account not only acknowledges the empirical, contingent and messy features of our cognition, it helps us become better, more efficient knowers by recommending how we can improve upon the subjective features that further or hinder our cognitive perfection. I will conclude by drawing the implications on my interpretation for our overall understanding of Kant’s account of cognition. (shrink)

The first essay of Nietzsche’s On the Genealogy of Morals seeks to uncover the roots of Judeo-Christian morality, and to expose it as born from a resentful and feeble peasant class intent on taking revenge upon their aristocratic oppressors. There is a broad consensus in the secondary literature that the ‘slave revolt’ which gives birth to this morality occurs in the 1st century AD, and is propogated by the inhabitants of Roman occupied Judea. Nietzsche himself strongly suggests such a view. (...) However, in a telling later passage from Ecce Homo, Nietzsche claims that the hsitorical Zarathustra—a Bronze age iranian religious thinker—was the first to consider the opposite of Good vs. Evil; that “Zarathustra created this most fateful of errors, morality” (EH, 'Destiny', §3). However, Nietzsche does not discuss Zarathustra or Zoroastrianism in his critique of moral values and their origin. This creates a prima facie tension. If at least part of what essentially characterises 'morality' preceded Judeo-Christianity, are moral values only contingently related to the feelings of ressentiment essential to Nietzsche’s story of the slave revolt? If the answer is 'yes', then the scope of Nietzsche's critique of morality may be somewhat limited. If the answer is 'no', then we require an answer as to why Nietzsche's genealogy—if it is an exercise in ascertaining the “real history of morality” (GM, Pref: §7)—does not extend further back in history. In this paper, I explore how the extent of Nietzsche's knowledge of Zoroastrianism informs his critique of slave morality in On the Genealogy of Morals. I argue that Nietzsche views the historical Zarathustra—like Socrates and Plato—as a forerunner of ‘morality’ in his creative conception of good and evil in metaphysical terms. From here, it is argued that the proposed tension can be dissolved by viewing Judeo-Christian morality merely as the latest and paradigmatic expression of slave morality. (shrink)

Scientific progress has many facets and can be conceptualized in different ways, for example in terms of problem-solving, of truthlikeness or of growth of knowledge. The main claim of the paper is that the most important prerequisite of scientific progress is the institutionalization of competition and criticism. An institutional framework appropriately channeling competition and criticism is the crucial factor determining the direction and rate of scientific progress, independently on how one might wish to conceptualize scientific progress itself. The main (...) class='Hi'>intention is to narrow the divide between traditional philosophy of science and the sociological, economic and political outlook at science that emphasizes the private interests motivating scientists and the subsequent contingent nature of the enterprise. The aim is to show that although science is a social enterprise taking place in historical time and thus is of a contingent nature, it can and in fact does lead to genuine scientific progress - contrary to the claims of certain sociologists of science and other relativists who standardly stress its social nature, but deny its progressive character. I will first deal with the factual issue by way of introducing the main concepts and mechanisms of modern institutional theory and by applying them to the analysis of the cultural phenomenon that we call modern science. I will then turn to the normative issue: what is the appropriate content of the institutional framework, for scientific progress to emerge and be sustained at which level should it be set and by whom? Addressing this problematic is equivalent to conducting a constitutional debate leading to a Constitution of Science. (shrink)

There are two sorts of singular terms for which we have difficulty applying Donnellan’s referential/attributive distinction: complex definite descriptions, and proper names. With respect to the uses of such terms in certain contexts we seem to have conflicting intuitions as to whether they should be classified as referential or attributive. The problem concerning how to apply Donnellan’s distinction to the uses of certain complex definite descriptions has never been debated in the literature. On the other hand there have been attempts (...) to extend Donnellan’s distinction to the uses of proper names, the most popular one being due to Kripke. However the argument Kripke gives to this end in his ‘Speaker’s Reference and Semantic Reference’ seems to be inconsistent with the position he takes in Naming and Necessity. I suggest that the reason we seem to have conflicting intuitions with respect to the uses of such terms, is because there is not one but two separate distinctions inherent in Donnellan’s examples; a pragmatic distinction based on the speaker’s intentions in using a term , and an epistemic one based on the notion of having an object in mind. In the light of this, I argue that the issue of whether there are attributive uses of proper names, in the latter sense, relates to the epistemic problem of whether a speaker can have de re attitudes toward an object that he does not have in mind. On this epistemic issue Kripke and Donnellan are on opposite sides as revealed by their debate over the issue of whether there are contingent a priori propositions. (shrink)

Kant is the philosophical tradition's arch-anti-consequentialist – if anyone insists that intentions alone make an action what it is, it is Kant. This chapter takes up Kant's account of the relation between intention and action, aiming both to lay it out and to understand why it might appeal. The chapter first maps out the motivational architecture that Kant attributes to us. We have wills that are organized to action by two parallel and sometimes competing motivational systems. One determines us (...) by way of motives that are sensuous, natural and given from without, the other by motives that are intellectual, rational, and given from within. Each set of motives belongs to a system of laws – natural motives to the laws of nature, rational motives to the laws of freedom. For Kant, all things, including actions, are what they are in virtue of the laws governing them; actions, qua actions, are always governed by laws that govern individual wills. These laws are Kantian maxims, 'or subjective practical laws.' Maxims, for Kant, thus make actions the actions they are. The chapter then maps out the implications of this motivational architecture for Kant's theory of value. Maxims always advert to or 'contain' both ends and means. Ends are always specifications of one of two ultimate ends. Actions have the moral value they have depending on which of two ultimate ends the maxim adverts to. The possibilities are 'happiness,' or gratification of desires with sensuous origins, and 'duty,' or accord with the moral demand to will in ways that respect free rational agency wherever it is found. Only actions aimed at the latter – actions with rational motives – have moral value. Actions aimed at the former – actions with natural motives – though not immoral in themselves, become so when pursuit works against rational motives. For Kant, actions aimed at happiness are ultimately allied with efforts to sustain our 'animal' existence, and so are governed by terms and conditions given by the natural world. Actions aimed at duty, in contrast, are ultimately allied with efforts to impose a rational form on nature, to make it over, so to speak, according to values not given by nature itself. Actions aimed at duty, therefore, create a specifically moral world, one in which mores and norms, formal and informal arrangements, institutions, policies, and so on, realize, harmonize, and promote free rational agency itself. Finally, the chapter addresses motivations for Kant's view. The architecture of will and the theories of action and value he proposes allow Kant to accommodate a host of intuitions and commitments. His view makes room for metaphysically free agency, and for the lived experience of motivational freedom from ever-changing natural desires. It makes room for conflicts within the will while still holding out hope that resolution is possible. It accommodates views that the best human lives engage 'higher' faculties in sustained ways. It identifies a stable, necessary, universal end amidst the evident contingency, pluralism, and instability of most ends. It makes us, and not God or nature, the authors of our moral lives. In the end, Kant's 'anti-consequentialism,' his focus on intentions, is a way of insisting on actions that take their character and value from what should matter most to us, namely individual and collective free rational agency, rather than only and always taking the character of reactive responses to circumstance. (shrink)

It is argued that the distinction between the mental and the nonmental is at bottom logical. The paper begins by sketching and defending a theory of intensional logic in which the notion of logically and metaphysically basic relations (called connections) can be defined. This notion is then employed in an analysis of intentionality: a connection is intentional iff it can contingently connect some individual to some proposition or concept independently of whether it connects the individual to some necessarily equivalent proposition (...) or concept. After potential counterexamples have been explained away, the paper then extends the analysis to a general analysis of mentality. Finally, a "transcendental" argument is given for the thesis that at least some mental relations must be logically and metaphysically basic. (shrink)

This paper leads us in reflections regarding the ontological status of a situation inspired by two main sources: the Zhuangzi--a multifarious compilation from Warring States China (ca. 4th c. BCE)--and José Ortega y Gasset's (1883-1955) Unas Lecciones de Metafísica (Some Lessons in Metaphysics)--the transcripts of a course on metaphysics by a Spanish philosopher of the early 20th century. Much as other ontologically subjective entities and events, situations do not preexist the intentional subject: instead, they are created alongside our act of (...) noticing. In Classical Chinese, shi , commonly rendered "propensity" and the closest the language comes to our concept of situation, denotes a dynamic process that incorporates the conscious subjective agent as well as other entities as constitutive elements. Here a situation is not reducible to the discrete phenomena and events that we can discern within a given space-time; rather, it necessitates our thinking about it to arise. These ontological reflections are important for a philosophy of action. They help us notice the role of attention in the creation of situations--as in the creation of worlds--hence the importance of understanding what the agent notices and fails to notice, what we privilege as worthy of our attention and what passes inadvertent among the world's plural affordances. The relational affordances that we actualize and reify as constituting a situation depend on what we are socialized and educated to see when looking at the world, thus situations and agents co-create one another over time. This acknowledgement is crucial to retrain our agency in order to illuminate our blind spots, overcome our uncritical certainties which generate absolutist tendencies, and move beyond fixed, reduced, and contingent corners from which to interpret the world. (shrink)

The value of up-hill skiing is double, it is first a sport and artistic expression, second it incorporates functional dependencies related to the natural obstacles which the individual aims to overcome. On the artistic side, M. Dufrenne shows the importance of living movement in dance, and we can compare puppets with dancers in order to grasp the lack of intentional spiritual qualities in the former. The expressivity of dance, as for, Chi Gong, ice skating or ski mountaineering is a particular (...) innocence and lightness which is called grace. It is life without the burden of worries. Grace, in slow progression uphill on snow, is as dance for Dufrenne, it has the most central and specific aesthetical quality of life. Others compared dance to a landscape, a landscape is for the sight, what dance is for life, a symbolical space, different from a usual space, where utility and dependency are present. A mountain can be a space of experience of natural beauty. Aesthetical qualities can be closely related to function related qualities as when a climber needs to adjust his movements to the natural convex inclination of the rocks, and avoid slippery forms of inclination, present on the other side of the mountain. The natural object, the quality of the snow or the rock differ from the aesthetical quality of the style of ascent by the absence of neutralization of the object, in case of a purely instrumental approach. On the contrary, grace in the rhythm of the progression of ski climbers needs a difference of attitude, which is not only proper to the playing, and delimited by the conditions of that play, but as a contingency driven attitude, without signification as radical alterity, without any finality. First ascent of the Matterhorn succeeded from the Swiss side, and not from the Italian side because of the different inclination of the rock on both sides. Grace in dance as in martial art or mountaineering is allowing to perceive an autonomy of the expression, as the truth of the perceived object, it puts away a cognitive and practical orientation and replaces it by a new meaning as movement in the whole set of movements done by the climber. This replacement of the functional expression resembles that operated by the painter who chooses a color in the whole set of colors in a painting, or a shape in the whole set of possible existing shapes. -/- Ref. Dufrenne, Mikel, (1989): The Phenomenology of Aesthetic Experience. Studies in Phenomenology and Existential Philosophy, trans. by Edward S. Casey, 1st publ. in 1953, Evanston: Northwestern University Press. (shrink)

In the evolution of the vertebrates and probably a few other animals (Metazoa), biological values have been translated (subjectivized) into affective experience that necessarily involves the consciousness of external objects/events (as different from one’s body), which is tantamount to the origins of subjectivity. Mammals, birds and other vertebrates are experiencing subjects even though their negative and positive experience greatly vary in scope. Some mammals are capable of vicarious experience and may act as empathic agents, and some of them, at least (...) the great apes, use true reflective self-consciousness and thus perceive themselves as agents, which generates attributive feelings. The balance of positive and negative experience determines the intrinsic value of (an individual) life. Every subjective life is autotelic in striving to maximize this balance. A subjective life may also have a social value that is measured in terms of the impact on intrinsic values of other lives. The social value of life is contingent upon an agency, that is, conscious intentional actions that impact intrinsic value of other lives. The difference between the social value of a subjective life and an instrumental value of an individual comes down to the difference between agent causation and event causation. The moral agency refers to a subcategory of agent causation that involves the awareness of impact on another subject’s wellbeing (interests). The moral agency is at present known only in the hominids (including the chimpanzees) which understand causality and use reflective self-consciousness, which in turn enables them to perceive themselves as agents and attribute to themselves responsibility. The moral agency originated as a motivational mechanism of reciprocity execution , and thus as an adaptation for group life, which is why it favors ingroup members and often promotes norms that harm other groups. The human moral agency is frequently used by third parties to implement group norms that are based on ideologies (religious or secular) and may actually harm both group members and the entire groups. Any received, bioculturally evolved morality is unlikely to be good in either absolute or universal sense. Therefore, the moral capacity alone does not make a human life categorically more valuable, even if human motivation were dominated by moral agency (which is true only of some people). The life of a vertebrate has, therefore, two values, intrinsic and social. Each can be negative or positive, and may vary to a large extent independently of the other, whereby a joint value of a subjective life cannot be sensibly assessed and compared without prior assessments of the intrinsic and social component separately. In the absence of objective reasons to rate the intrinsic value of a human life as categorically higher than that of other mentally advanced mammals, and in consideration of the observed range of social values of human lives, some of which approach zero and some are highly negative (lower than any thinkable negative values of non-human lives), the doctrine of extraordinary and inalienable (innate) human „dignity” is groundless and unethical, as it leads to a depreciation of the lives of non-human subjects, and often preempts the need to impart a real social value to one’s own life. (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)

Evan Thompson and Francisco Varela ground the affectively, valuatively felt contingency of intentional acts of other-relatedness in what they presume to be a primordial neutral point of pre-reflective conscious auto-affective awareness. Through meditative practice, we can access this pre-reflective state , and avail ourselves of ‘unconditionally intrinsic goodness', 'spontaneous compassion', 'luminosity', 'blissfulness', and ' a calm and peaceful life guided by the fundamental value of nonviolence'. But how do such feelings emerge as ultimate outcomes of a philosophy of groundlessness? Aren't (...) they motivated by a sort of 'will to goodness', a preferencing of one affective dimension over others? It would seem that groundlessness for Varela and Thompson doesn't apply to the thinking of affect and desire. Despite their claim that nihilism cannot be overcome by assimilating groundlessness to a notion of the will, they appear not to recognize that the positive affectivities they associate with meditative practice are, as dispositions of feeling opposed to other dispositions, themselves forms of willing. Phenomenologists like Husserl and Merleau-Ponty show that attention, as a species of intention, is sense-making, which means it is sense-changing. Attention is affectively, valuatively and meaningfully implicated in what it attends to as co-participant in the synthesis, creation, constitution of objects of regard. As auto-affection turns reflexively back toward itself, what it finds is not the normative sameness and constancy of a neutral positivity( blissful, self-less compassion and benevolence toward all phenomena) but a newly sensing being. Thus, the basis of our awareness of a world isn’t simply compassionate, empathic relational co-determinacy, but the motivated experience of disturbing CHANGE in relational co-determinacy. (shrink)

Some people feel threatened by the thought that life might have arisen by chance. What is it about “chance” that some people find so threatening? If life originated by chance, this suggests that life was unintended and that it was not inevitable. It is ironic that people care about whether life in general was intended, but may not have ever wondered whether their own existence was intended by their parents. If it does not matter to us whether one's own existence (...) was intended, as will be hypothesized, then why should it matter whether there was some remote intent behind the creation of the first unicellular organism(s) billions of years ago? I will discuss three possible scenarios by which life might have originated. I will then argue that, in regard to whether one’s individual life can be meaningful, it does not matter whether life was intended or arose by chance. If complex life was unintended and is rare in this universe, this is not a reason to disparage life, but a reason to appreciate and value our existence. -/- . (shrink)

This article argues that actor-network theory, as an alternative to critical theory, has lost its critical impetus when examining commodification in healthcare. The paper claims that the reason for this, is the way in which actor-network theory’s anti-essentialist ontology seems to black box 'intentionality' and ethics of human agency as contingent interests. The purpose of this paper was to open the normative black box of commodification, and compare how Marxism, Habermas and ANT can deal with commodification and ethics in (...) healthcare. Moreover, a new account of 'intentionality' in critical thinking was elaborated. Using Strawson's analysis of 'reactive attitudes and resentment,' the ethical implications of commodification in health care were examined as an assessment of intentions. Synthesizing critical theory with the relational materialism of actor-network theory, this article advances a new approach that seeks to bridge interdisciplinary boundaries, and guide actor-network theory in a critical and humanist direction. Providing new theoretical insights on commodification and 'intentionality' in health care. (shrink)

The philosophical interest of mystery is that something may well fall under a distinctive ontological concept of mystery. Such a thing would be explicable with reference to intention, but not uniquely determined by its explicans. This is the "properly mysterious," which is essentially mysterious in virtue of what it is, not just of our epistemic limitations. The richer uses of 'mystery', and defects in recent literature, suggest this line of inquiry. ;Part I rebuts the main arguments against the possibility (...) that something is properly mysterious. First, if something's existence is completely explicable it need not thus be exhaustively explicable . Second, event-determinism is not establishable empirically and nothing establishes general determinism a priori . So there is no reason to think every existent is uniquely determined to exist. But there is good reason to think everything is completely explicable in principle. ;Part II shows there is better reason to think the world's existence properly mysterious than not. The world asked about in the question "Why does the world exist?" should be defined as the totality comprising all that really changes and what is ontologically parasitic thereon . The World's existence is both logically contingent and contingent in one or the other of two de re senses , and thus is either inexplicable for any knower or explicable as intentionally produced. The producer would be extramundane, de re necessary, and could not uniquely determine the existence of The World. Defending classical theism against charges of conceptual incoherence, I conclude that the existence of The World is best thought completely explicable as intentionally created, though not exhaustively explicable by the existence of its creator. ;In conclusion, I expound and adopt Aquinas' account of creation, on which God creates for a reason and freely. Thus there is good reason for the world's existence, but no reason why this world exists rather than some other. (shrink)

In current philosophy of mind, there is lively debate over whether emotions, moods, and other affects can extend to comprise elements beyond one’s organismic boundaries. At the same time, there has been growing interest in the nature and significance of so-called existential feelings, which, as the term suggests, are feelings of one’s overall being in the world. In this article, I bring these two strands of investigation together to ask: Can the material underpinnings of existential feelings extend beyond one’s skull (...) and skin? To begin, I introduce and adopt a componential-systemic view of extended affectivity. In doing so, I specify the vehicle externalist criteria for extension employed in my analysis. I then define what existential feelings are and pinpoint several key issues in their potential extension. More specifically, I identify sensorimotor ‘know-how’ as a possibly extending component of existential feeling and posit it as the fulcrum of my argument. Finally, I move on to consider the extension of existential feeling via sensory substitution, especially through so-called Tactile Visual Sensory Substitution (TVSS) devices. Informed by both philosophical and empirical studies, I argue that, under certain conditions, (a) the agent’s implicit sensorimotor processing and a TVSS device can become coupled into a new systemic whole, which in turn (b) reconfigures the material underpinnings of the agent’s pre-intentional world-experience. This, I conclude, counts as a cogent case for extended existential feeling. (shrink)

Exactly how do the sign/symbol/token systems of endo- and exo-biosemiosis differ from those of cognitive semiosis? Do the biological messages that integrate metabolism have conceptual meaning? Semantic information has two subsets: Descriptive and Prescriptive. Prescriptive information instructs or directly produces nontrivial function. In cognitive semiosis, prescriptive information requires anticipation and “choice with intent” at bona fide decision nodes. Prescriptive information either tells us what choices to make, or it is a recordation of wise choices already made. Symbol systems allow recordation (...) of deliberate choices and the transmission of linear digital prescriptive information. Formal symbol selection can be instantiated into physicality using physical symbol vehicles (tokens). Material symbol systems (MSS) formally assign representational meaning to physical objects. Even verbal semiosis instantiates meaning into physical sound waves using an MSS. Formal function can also be incorporated into physicality through the use of dynamically-inert (dynamically-incoherent or -decoupled) configurable switch-settings in conceptual circuits. This paper examines the degree to which biosemiosis conforms to the essential formal criteria of prescriptive semiosis and cybernetic management. (shrink)

Reference to past possibilities is not an additional luxury in writing history, after all facts have been established. For even facts become such only within a field of alternative options. What it means that one path was taken depends in part on answers to the question which other paths once open were not taken. Historical potential unrealized can be conceived of in a number of ways: as unfulfilled intentions, as unresolved problems, as suppressed endeavours, as waived alternatives within a context (...) of decision, or as losses incurred by gains in some other respect. Some of these conceptions are non-exclusive. None of them provides the single model to grasp past possibilities; rather, they will turn out to be more or less elucidative according to historical case. (shrink)

There is a familiar debate between Russell and Strawson concerning bivalence and ‘the present King of France’. According to the Strawsonian view, ‘The present King of France is bald’ is neither true nor false, whereas, on the Russellian view, that proposition is simply false. In this paper, I develop what I take to be a crucial connection between this debate and a different domain where bivalence has been at stake: future contingents. On the familiar ‘Aristotelian’ view, future contingent propositions (...) are neither true nor false. However, I argue that, just as there is a Russellian alternative to the Strawsonian view concerning ‘the present King of France’, according to which the relevant class of propositions all turn out false, so there is a Russellian alternative to the Aristotelian view, according to which future contingents all turn out false, not neither true nor false. The result: contrary to millennia of philosophical tradition, we can be open futurists without denying bivalence. (shrink)

At least since Aristotle’s famous 'sea-battle' passages in On Interpretation 9, some substantial minority of philosophers has been attracted to the doctrine of the open future--the doctrine that future contingent statements are not true. But, prima facie, such views seem inconsistent with the following intuition: if something has happened, then (looking back) it was the case that it would happen. How can it be that, looking forwards, it isn’t true that there will be a sea battle, while also being (...) true that, looking backwards, it was the case that there would be a sea battle? This tension forms, in large part, what might be called the problem of future contingents. A dominant trend in temporal logic and semantic theorizing about future contingents seeks to validate both intuitions. Theorists in this tradition--including some interpretations of Aristotle, but paradigmatically, Thomason (1970), as well as more recent developments in Belnap, et. al (2001) and MacFarlane (2003, 2014)--have argued that the apparent tension between the intuitions is in fact merely apparent. In short, such theorists seek to maintain both of the following two theses: (i) the open future: Future contingents are not true, and (ii) retro-closure: From the fact that something is true, it follows that it was the case that it would be true. It is well-known that reflection on the problem of future contingents has in many ways been inspired by importantly parallel issues regarding divine foreknowledge and indeterminism. In this paper, we take up this perspective, and ask what accepting both the open future and retro-closure predicts about omniscience. When we theorize about a perfect knower, we are theorizing about what an ideal agent ought to believe. Our contention is that there isn’t an acceptable view of ideally rational belief given the assumptions of the open future and retro-closure, and thus this casts doubt on the conjunction of those assumptions. (shrink)

This paper argues that a popular account of intentions can be extended to beliefs. Beliefs are stable all-out states that allow for planning and coordination in a way that is tractable for cognitively limited creatures like human beings. Scepticism is expressed that there is really anything like credences as standardly understood.

According to the Principle of Sufficient Reason (‘PSR’), every fact has an explanation for why it obtains. If the PSR is true, there must be a sufficient reason for why God chose to create our world. But a sufficient reason for God’s choice plausibly necessitates that choice. It thus seems that God could not have done otherwise, and that our world exists necessarily. We therefore appear forced to pick between the PSR, and the contingency of creation and divine choice. I (...) show that a third option remains open, and thus that it is possible to preserve the contingency of creation and divine choice even while endorsing the PSR. My solution depends on the coherence of a restricted modal realism. On this modal realism, there is more than one possible morally optimal created world, and for each such world there is an existing possibility in which God creates that world. (shrink)

Intentional action is, in some sense, non-accidental, and one common way action theorists have attempted to explain this is with reference to control. The idea, in short, is that intentional action implicates control, and control precludes accidentality. But in virtue of what, exactly, would exercising control over an action suffice to make it non-accidental in whatever sense is required for the action to be intentional? One interesting and prima facie plausible idea that we wish to explore in this paper is (...) that control is non-accidental in virtue of requiring knowledge – either knowledge-that or knowledge-how (e.g., Beddor and Pavese 2021; cf., Setiya 2008; 2012 and Habgood-Coote 2018). We review in detail some key recent work defending such knowledge-centric theories of control, and we show that none of these accounts holds water. We conclude with some discussion about how control opposes the sort of luck intentional action excludes without doing so by requiring knowledge (that- or how). (shrink)

Various philosophers have long since been attracted to the doctrine that future contingent propositions systematically fail to be true—what is sometimes called the doctrine of the open future. However, open futurists have always struggled to articulate how their view interacts with standard principles of classical logic—most notably, with the Law of Excluded Middle. For consider the following two claims: Trump will be impeached tomorrow; Trump will not be impeached tomorrow. According to the kind of open futurist at issue, both (...) of these claims may well fail to be true. According to many, however, the disjunction of these claims can be represented as p ∨ ~p—that is, as an instance of LEM. In this essay, however, I wish to defend the view that the disjunction these claims cannot be represented as an instance of p ∨ ~p. And this is for the following reason: the latter claim is not, in fact, the strict negation of the former. More particularly, there is an important semantic distinction between the strict negation of the first claim [~] and the latter claim. However, the viability of this approach has been denied by Thomason, and more recently by MacFarlane and Cariani and Santorio, the latter of whom call the denial of the given semantic distinction “scopelessness”. According to these authors, that is, will is “scopeless” with respect to negation; whereas there is perhaps a syntactic distinction between ‘~Will p’ and ‘Will ~p’, there is no corresponding semantic distinction. And if this is so, the approach in question fails. In this paper, then, I criticize the claim that will is “scopeless” with respect to negation. I argue that will is a so-called “neg-raising” predicate—and that, in this light, we can see that the requisite scope distinctions aren’t missing, but are simply being masked. The result: a under-appreciated solution to the problem of future contingents that sees and as contraries, not contradictories. (shrink)

Kripke maintains that one who stipulatively introduces the term ' one meter' as a rigid designator for the length of a certain stick s at time t is in a position to know a priori that if s exists at t then the length of s at t is one meter. Some (e.g., Soames 2003) have objected to this alleged instance of the contingent a priori on the grounds that the stipulator's knowledge would have to be based in part (...) on substantive metalinguistic knowledge. I examine Soames's argument for the a posteriority of the relevant metalinguistic knowledge, and I argue that its main premise is false. (shrink)

In the literature of collective intentions, the ‘we-intentions’ that lie behind cooperative actions are analysed in terms of individual mental states. The core forms of these analyses imply that all Nash equilibrium behaviour is the result of collective intentions, even though not all Nash equilibria are cooperative actions. Unsatisfactorily, the latter cases have to be excluded either by stipulation or by the addition of further, problematic conditions. We contend that the cooperative aspect of collective intentions is not a property of (...) the intentions themselves, but of the mode of reasoning by which they are formed. We analyse collective intentions as the outcome of team reasoning, a mode of practical reasoning used by individuals as members of groups. We describe this mode of reasoning in terms of formal schemata, discuss a range of possible accounts of group agency, and show how existing theories of collective intentions fit into this framework. (shrink)

This paper first argues that we can bring out a tension between the following three popular doctrines: (i) the canonical reduction of metaphysical modality to essence, due to Fine, (ii) contingentism, which says that possibly something could have failed to be something, and (iii) the doctrine that metaphysical modality obeys the modal logic S5. After presenting two such arguments (one from the theorems of S4 and another from the theorems of B), I turn to exploring various conclusions we might draw (...) in light of these results, and argue that none comes cost free. In the course of laying out possible responses to my arguments, we'll have a chance to evaluate various doctrines about the interplay between contingency and essence, as well as develop some alternative reductions of metaphysical modality to essence. I don't decisively come down in favor of one response over the others, though I say some things that point towards the conclusion that essence has no role to play in reducing metaphysical modality. (shrink)

Grounding contingentism is the doctrine according to which grounds are not guaranteed to necessitate what they ground. In this paper I will argue that the most plausible version of contingentism is incompatible with the idea that the grounding relation is transitive, unless either ‘priority monism’ or ‘contrastivism’ are assumed.

What are the most detailed descriptions under which subjects intend to perform bodily actions? According to Pacherie (2006), these descriptions may be found by looking into motor representations—action representations in the brain that determine the movements to be performed. Specifically, for any motor representation guiding an action, its subject has an M‐intention representing that action in as much detail. I show that some M‐intentions breach the constraints that intentions should meet. I then identify a set of intentions—motor intentions—that represent (...) actions in as much detail as some motor representations while meeting the constraints that intentions should meet. (shrink)

This paper deals with the problem of future contingents, and focuses on two classical logical principles, excluded middle and bivalence. One may think that different attitudes are to be adopted towards these two principles in order to solve the problem. According to what seems to be a widely held hypothesis, excluded middle must be accepted while bivalence must be rejected. The paper goes against that line of thought. In the first place, it shows how the rejection of bivalence leads to (...) implausible consequences if excluded middle is accepted. In the second place, it addresses the question of why one should reject bivalence, and finds no satisfactory answer. /// Este artículo trata el problema de los futuros contingentes, y se enfoca en dos principios lógicos clásicos: el tercero excluido y la bivalencia. Se podría pensar que una solución del problema requiere actitudes diferentes hacia estos dos principios. Según una hipótesis que parece ampliamente compartida, el tercero excluido debe ser aceptado, mientras que la bivalencia debe ser rechazada. Este artículo argumenta en contra de esta línea de pensamiento. En primer lugar, se aborda cómo el rechazo de la bivalencia lleva a consecuencias poco plausibles si el tercero excluido es aceptado. En segundo lugar, se enfrenta la cuestión de por qué se debería rechazar la bivalencia, sin encontrar una respuesta satisfactoria. (shrink)

Ten years ago, one of us proposed a dynamic hierarchical model of intentions that brought together philosophical work on intentions and empirical work on motor representations and motor control (Pacherie, 2008). The model distinguished among Distal intentions, Proximal intentions, and Motor intentions operating at different levels of action control (hence the name DPM model). This model specified the representational and functional profiles of each type of intention, as well their local and global dynamics, and the ways in which they (...) interact. A core insight of the model was that action control is the result of integrated, coordinated activity across these levels of intention. Since the proposal of the model, empirical and theoretical works in philosophy and cognitive science have emerged that would seem to support and expand on this central insight. In particular, an updated understanding of the nature of sensorimotor processing and motor representations, as well as of how the different levels of intention and control interface and interact, allows for the further specification and precisification of the original DPM model. (shrink)

Accepting a promise is normatively significant in that it helps to secure promissory obligation. But what is it for B to accept A’s promise to φ? It is in part for B to intend A’s φ-ing. Thinking of acceptance in this way allows us to appeal to the distinctive role of intentions in practical reasoning and action to better understand the agency exercised by the promisee. The proposal also accounts for rational constraints on acceptance, and the so-called directedness of promissory (...) obligation. Finally, the proposal, conjoined with Cognitivism about intentions, addresses recent criticism of Scanlon’s expectation-based view of promissory obligation. (shrink)