According to Critical-Level Views in population axiology, an extra life improves a population only if that life’s welfare exceeds some fixed ‘critical level.’ An extra life at the critical level leaves the new population equally good as the original. According to Critical-Range Views, an extra life improves a population only if that life’s welfare exceeds some fixed ‘critical range.’ An extra life within the critical range leaves the new population incommensurable with (...) the original. -/- In this paper, I sharpen some old objections to these views and offer some new ones. Critical-Level Views cannot avoid certain Repugnant and Sadistic Conclusions. Critical-Range Views imply that lives featuring no good or bad components whatsoever can nevertheless swallow up and neutralise goodness or badness. Both classes of view entail that certain small changes in welfare correspond to worryingly large differences in contributive value. -/- I then offer a view that retains much of the appeal of Critical-Level and Critical-Range Views while avoiding the above pitfalls. On the Imprecise Exchange Rates View, the quantity of some good required to outweigh a given unit of some bad is imprecise. This imprecision is the source of incommensurability between lives and populations. (shrink)

Critical-set views avoid the Repugnant Conclusion by subtracting some constant from the welfare score of each life in a population. These views are thus sensitive to facts about biographical identity: identity between lives. In this paper, I argue that questions of biographical identity give us reason to reject critical-set views and embrace the total view. I end with a practical implication. If we shift our credences towards the total view, we should also shift our efforts towards (...) ensuring that humanity survives for the long term. (shrink)

In this paper, I discuss how Newton’s inductive argument of the Principia can be defended against criticisms levelled against it by Duhem, Popper and myself. I argue that Duhem’s and Popper’s criticisms can be countered, but mine cannot. It requires that we reconsider, not just Newton’s inductive argument in the Principia, but also the nature of science more generally. The methods of science, whether conceived along inductivist or hypothetico-deductivist lines, make implicit metaphysical presuppositions which rigour requires we make explicit within (...) science so that they can be critically assessed, alternatives being developed and assessed, in the hope that they can be improved. Despite claiming to derive his law of gravitation by induction from phenomena without resource to hypotheses, Newton does nevertheless acknowledge in the Principia that his rules of reasoning make metaphysical presuppositions. To this extent, Newton has a more enlightened view of scientific method than most 20th and 21st century scientists and historians and philosophers of science. (shrink)

I argue, in this thesis, that proper name reference is a wholly pragmatic phenomenon. The reference of a proper name is neither constitutive of, nor determined by, the semantic content of that name, but is determined, on an occasion of use, by pragmatic factors. The majority of views in the literature on proper name reference claim that reference is in some way determined by the semantics of the name, either because their reference simply constitutes their semantics (which generally requires a (...) very fine-grained individuation of names), or because names have an indexical-like semantics that returns a referent given certain specific contextual parameters. I discuss and criticize these views in detail, arguing, essentially, in both cases, that there can be no determinate criteria for reference determination—a claim required by both types of semantic view. I also consider a less common view on proper name reference: that it is determined wholly by speakers’ intentions. I argue that the most plausible version of this view—a strong neo-Gricean position whereby all utterance content is determined by the communicative intentions of the speaker—is implausible in light of psychological data. In the positive part of my thesis, I develop a pragmatic view of proper name reference that is influenced primarily by the work of Charles Travis. I argue that the reference of proper names can only be satisfactorily accounted for by claiming that reference occurs not at the level of word meaning, but at the pragmatic level, on an occasion of utterance. I claim that the contextual mechanisms that determine the reference of a name on an occasion are the same kinds of thing that determine the truth-values of utterances according to Travis. Thus, names are, effectively, occasion sensitive in the way that Travis claims predicates and sentences (amongst other expressions) are. Finally, I discuss how further research might address how my pragmatic view of reference affects traditional issues in the literature on names, and the consequences of the view for the semantics of names. (shrink)

This thesis consists of a series of papers in population ethics: a subfield of normative ethics concerned with the distinctive issues that arise in cases where our actions can affect the identities or number of people of who ever exist. Each paper can be read independently of the others. In Chapter 1, I present a dilemma for Archimedean views in population axiology: roughly, those views on which adding enough good lives to a population can make that population better than any (...) other. In Chapter 2, I extend Gustaf Arrhenius’s famous impossibility theorems in population axiology into the domain of choices under risk. My risky impossibility theorems dispense with the assumption that welfare levels are finitely fine-grained, and so tell against lexical views in population axiology. In Chapter 3, I present objections to critical-level and critical-range views in population axiology. I then sketch out what I call the ‘Imprecise Exchange Rates View’ and argue that it is an attractive alternative. In Chapter 4, I address critical-level and critical-range views again. This time, I note that they are vulnerable to objections from biographical identity: identity between lives. I suggest that these objections give us reason to reject critical-level and critical-range views and embrace the Total View. In Chapter 5, I argue that objections of the same form – objections from personal identity – tell against person-affecting views in population ethics. In Chapter 6, I draw out some counterintuitive implications of two recent complaints-based theories of the procreation asymmetry. (shrink)

Distributed Cognition and Integrational Linguistics have much in common. Both approaches see communicative activity and intelligent behaviour in general as strongly con- text-dependent and action-oriented, and brains as permeated by history. But there is some ten- sion between the two frameworks on three important issues. The majority of theorists of distributed cognition want to maintain some notions of mental representation and computa- tion, and to seek generalizations and patterns in the various ways in which creatures like us couple with technologies, (...) media, and other agents; many also want to offer explanations at subpersonal levels which may undercut the autonomy of personal-level accounts. In contrast, dominant views in integrational linguistics reject all invocation of representation, resist the explanatory search for similarity across contexts and moments, and see linguistics as a lay dis- cipline which should not offer explanations in terms alien to ordinary agents. On each of these issues, I argue that integrationists could move closer to the distributed cognition frame- work without losing the most important aspects of their view: integrationist criticisms of mainstream or classical theories can be respected while alliances with revised cognitivist views about representation, context, and explanation are developed. Ó 2004 Elsevier Ltd. All rights reserved. (shrink)

Given the deep disagreement surrounding population axiology, one should remain uncertain about which theory is best. However, this uncertainty need not leave one neutral about which acts are better or worse. We show that as the number of lives at stake grows, the Expected Moral Value approach to axiological uncertainty systematically pushes one towards choosing the option preferred by the Total and Critical Level views, even if one’s credence in those theories is low.

This descriptive study explores the views of resident physicians working in intensive care units (ICUs) concerning deceased organ donation and examines the various ethical issues surrounding organ donation encountered by residents. This was a qualitative, descriptive study utilizing solo interviews with participants together with focus group discussions. The participants' experiences and views were elicited via interviews and focus group discussions covering the following topics: ethical thoughts about deceased organ donation, barriers that impede or prevent organ donation, its effect on the (...) next of kin, and its relationship with futile treatment. The discussions were reviewed using qualitative content analysis. The residents commented that deceased organ donation is a complex and stressful process for the family of the potential donor as well as the transplant team, and still lacks wide acceptance in Turkish society. The opt-in system requires informed consent, thus creating a major barrier for both the patient’s family and the ICU team to overcome. The participants stated that new legal, ethical, and medical arrangements are needed to increase organ donation rates in Turkey. In order to increase rates of deceased organ donation and reduce cases of futile treatment, improved communication between the ICU, transplant team, and patient relatives is critical to ensure that ethical issues are properly managed. On a societal level, the subject of deceased organ donation needs to receive greater attention from public health authorities to increase public awareness. Residents can make valuable contributions to the deceased organ donation process as physicians and as psychosocial support for patients and their families. (shrink)

This paper offers a critical assessment of the current state of the debate about the identity and individuality of material objects. Its main aim, in particular, is to show that, in a sense to be carefully specified, the opposition between the Leibnizian ‘reductionist’ tradition, based on discernibility, and the sort of ‘primitivism’ that denies that facts of identity and individuality must be analysable has become outdated. In particular, it is argued that—contrary to a widespread consensus—‘naturalised’ metaphysics supports both the (...) acceptability of non-qualitatively grounded (both ‘contextual’ and intrinsic) identity and a pluralistic approach to individuality and individuation. A case study is offered that focuses on non-relativistic quantum mechanics, in the context of which primitivism about identity and individuality, rather than being regarded as unscientific, is on the contrary suggested to be preferable to the complicated forms of reductionism that have recently been proposed. More generally, by assuming a plausible form of anti-reductionism about scientific theories and domains, it is claimed that science can be regarded as compatible with, or even as suggesting, the existence of a series of equally plausible grades of individuality. The kind of individuality that prevails in a certain context and at a given level can be ascertained only on the basis of the specific scientific theory at hand. (shrink)

Dance can be appreciated from all sorts of perspectives: For instance, by the dancer while dancing, by the choreographer while watching in the wings, by the musician in the orchestra pit who accompanies the dance, or by the loved-one of a dancer who watches while hoping that the dancer performs well and avoids injury. This essay will consider what it takes to appreciate dance from the perspective of a seated, non-moving audience member. A dance appreciator in this position is typically (...) someone who can hear and see, who can feel vibrations of sound through their skin, and who can have other human, kinaesthetic responses and perceptions as well as the cognitive ability to process them. This appreciator is also someone who is a person with a history that may or may not include experiences of dance that have conditioned his or her responses to watching dance. Based on both this experience, and the skill and capacity to focus, pay attention, make judgments, and convey those judgments, there are different types and levels of audience appreciation. This essay will consider three: 1. Innocent Eye Appreciation, 2. Dance-Trained Appreciation, and 3. Critical Appreciation. (shrink)

In this paper, I argue that the cause of morally self-defeating acts at the collective level is greed and, at the individual level, an unrestrained impulse for pleasure beyond Innocent Asouzu’s primordial instinct for self-preservation and ignorance. In investigating why humans act in self-defeating ways, Asouzu came up with two possible factors responsible for self-defeating acts: The primordial instinct for selfpreservation and ignorance. Besides Asouzu’s explanation, I here argue that the problem of self-defeating acts goes beyond the primordial (...) instinct for selfpreservation and ignorance to reveal a flaw characteristic of the human condition. At the collective level, the flaw responsible for self-defeating acts is greed and the unrestrained impulse for pleasure at the individual level. I employ the conversational method to interrogate the different views on self-defeating acts from Socrates to Asouzu and show why my explanation offers a better understanding of the problem. (shrink)

Many philosophers reject the view that well-being over a lifetime is simply an aggregation of well-being at every moment of one's life, and thus they reject theories of well-being like hedonism and concurrentist desire satisfactionism. They raise concerns that such a view misses the importance of the relationships between moments in a person's life or the role narratives play in a person's well-being. In this article, we develop an atomist meta-theory of well-being, according to which the prudential value (...) of a life depends solely on the prudential value of each moment of that life. This is a general account of momentary well-being that can capture different features of well-being that standard atomistic accounts fail to capture, thus allowing for the possibility of an atomism that is compatible with a variety of well-being theories. Contrary to many criticisms leveled against momentary well-being, this well-being atomism captures all of the important features of well-being. (shrink)

This paper is largely exegetical/interpretive. My goal is to demonstrate that some criticisms that have been leveled against the program Gareth Evans constructs in The Varieties of Reference (Evans 1980, henceforth VR) misfire because they are based on misunderstandings of Evans’ position. First I will be discussing three criticisms raised by Tyler Burge (Burge, 2010). The first has to do with Evans’ arguments to the effect that a causal connection between a belief and an object is insufficient for that belief (...) to be about that object. A key part of Evans’ argument is to carefully distinguish considerations relevant to the semantics of language from considerations relevant to the semantics (so to speak) of thought or belief (to make the subsequent discussion easier, I will henceforth use ‘thought’ as a blanket term for the relevant mental states, including belief). I will argue that Burge’s criticisms depend on largely not taking account of Evans’ distinctions. Second, Burge criticizes Evans’ account of ‘informational content’ taking it to be inconsistent. I will show that the inconsistency Burge finds depends entirely on a misreading of the doctrine. Finally, Burge takes Evans to task for a perceived over-intellectualization in a key aspect of his doctrine. Burge incorrectly reads Evans as requiring that the subject holding a belief be engaged in certain overly intellectual endeavors, when in fact Evans is only attributing these endeavors to theorists of such a subject. Next, I turn to two criticisms leveled by John Campbell (Campbell, 1999). I will argue that Campbell’s criticisms are based on misunderstandings – though they do hit at deeper elements of Evans’ doctrine. First, Campbell reads Evans’ account of demonstrative thought as requiring that the subject’s information link to an object allows her to directly locate that object in space. Campbell constructs a case in which one tomato (a) is, because of an angled mirror, incorrectly seen as being at a location that happens to be occupied by an identical tomato (b). Campbell claims that Evans’ doctrines require us to conclude that the subject cannot have a demonstrative thought about the seen tomato (a), though it seems intuitively that such a subject would be able to have a demonstrative thought about that tomato, despite its location is inaccurately seen. I show that Evans’ position in fact allows that the subject can have a demonstrative thought about the causal-source tomato in this case because his account does not require that the location of demonstratively identified objects be immediately accurately assessed. What is crucial is that the subject have the ability to accurately discover the location. Second, Campbell criticizes Evans’ notion of a fundamental level of thought. I show that this criticism hinges on view of the nature and role of the fundamental level of thought that mischaracterizes Evans’ treatment of the notion. (shrink)

The proposition that digital innovations can put people in charge of their health has been accompanied by prolific talk of empowerment. In this paper we consider ethical challenges and opportunities of trying to achieve justice and empowerment using digital health initiatives. The language of empowerment can misleadingly suggest that by using technology, people can control their health and take responsibility for health outcomes to a greater degree than is realistic or fair. Also, digital health empowerment often primarily reaches people who (...) already have high technological and health literacy, leaving others behind. We critically investigate whether the concept of health empowerment could be re-engineered to mean something different, namely the process of improving the health literacy and access of those who least possess it, in line with recent proposals for conceptual engineering in the service of justice. We settle on the weaker conclusion that underlying ethical values including justice should be used to interpret the existing concept of empowerment. To conclude, we take a high-level view of various strategies for achieving the ethical value associated with digital health empowerment. (shrink)

R. M. Hare has argued for and defended a ‘two-level’, view of moral agency. He argues that moral agents ought to rely on the rules of ‘intuitive moral thinking’ for their ‘everyday’ moral judgments. When these rules conflict or when we do not have a rule at hand, we ought to ascend to the act-utilitarian,‘critical’ level of moral thinking. I argue that since the rules at the intuitive level of moral thinking necessarily conflict much more (...) often than Hare supposes, and since we often do not have ready-made rules for our moral judgments, we must necessarily use critical moral thinking very frequently. However, act-utilitarian judgements at this level will sharply conflict with our strongly held ‘intuitive’ moral convictions. I show that Hare's attempt to balance these two aspects of moral judgment requires us to simultaneously adopt two conflicting sets of moral standards, and thus an attempt to inculcate such standards constitutes a ‘schizophrenic’ moral education. Finally, I briefly outline an alternative conception of moral education, based on Aristotelian phronesis. (shrink)

Whether we ought to trust the testimony of another person is often thought to primarily depend on features like their evidence, knowledge, or level of expertise. No doubt these are epistemically relevant features. However, a recent paper by Justin P. McBrayer (2024) convincingly argues that a testifier's interests may be more important than their expertise when it comes to how we should allocate our epistemic trust in them. Just think of the proverbial used car salesman. You should not trust (...) what he tells you, and realizing that he is an expert only seems to make things worse. In this reply, I consider McBrayer’s basic insight, constructively criticize his view, and tentatively explore further territory. (shrink)

This article argues that contemporary philosophers have unduly ignored Sri Ramakrishna’s pioneering views on religious pluralism. The Bengali mystic Sri Ramakrishna (1836-1886) taught the harmony of all religions on the basis of his own spiritual experiences and his diverse religious practices, both Hindu and non-Hindu. Part I reconstructs the main tenets of Sri Ramakrishna’s model of religious pluralism. Part II explores how Sri Ramakrishna addresses the problem of conflicting religious truth-claims. Part III addresses some of the major criticisms leveled against (...) Sri Ramakrishna’s views on religious pluralism. (shrink)

In this essay I take issue with the ease which the work of Sade has been, since Roland Barthes, integrated into academic discourse and try to reawaken a sense for what is unacceptable in Sade, but without lapsing into moralism. I try to give a reinvigorated account of the materialism of Sade's writing (as opposed to formalist appropriations of Sade like Barthes') which I then apply to the two characteristic Sadian devices: first, the encyclopedic enumeration and the (quite separate) philosophical (...) discourse. The encyclopedic enumeration is not only a kind of anti-literature but also comprises an irreducibly counter-conceptual geometry of affect whose structure I explore. I evaluate Bataille's claim that at the philosophical and discursive level Sade is primarily a thinker of transgression and defend, using the special case of blasphemy, the notion against critics who view it is puerile or self-defeating. In so doing, I unearth a profound pragmatism in Sade aimed at 'deprogramming' him from Western, Christian values, a move that anticipates Nietzsche in crucial and interesting ways. (shrink)

A critical examination of the charge of self-refutation, particularly as leveled by orthodoxy-defending philosophers against those maintaining epistemologically unorthodox, especially relativistic or skeptical, views. Beginning with an analysis of its classic illustration in Plato’s *Theaetetus* as leveled against Protagoras’s “Man is the measure ...,” I consider various aspects of the charge, including logical, rhetorical, pedagogic, affective, and cognitive.

The innovative Moral Impact Theory (“MIT”) of law claims that the moral impacts of legal institutional actions, rather than the linguistic content of “rules” or judicial or legislative pronouncements, determine law’s content. MIT’s corollary is that legal interpretation consists in the inquiry into what is morally required as a consequence of the lawmaking actions. This paper challenges MIT by critiquing its attendant view of the nature of legal interpretation and argument. Points including the following: (1) it is not practicable (...) to predicate law’s content on the ability of legal officials to resolve moral controversies; (2) it would be impermissibly uncharitable to claim that participants in the legal system commit widespread error in failing to regard moral argument as the focus of legal interpretation; (3) whereas the legal official may initially respond to a conflict at the intuitive moral level, she must resolve the controversy at the deliberative, critical level, at which moral and legal thinking diverge; (4) because no two cases are precisely alike, and owing to the open texture of natural language, reference to extra-jurisdictional “persuasive” and “secondary” authority permeates legal argument, yet, nearly by definition, such linguistic sources cannot have engendered significant moral impacts in the home jurisdiction; and (5) one way or another, we ultimately arrive at linguistic contents. The paper concludes by accepting, as undeniable, that legal institutional actions have moral impacts, and generate moral obligations. Officials are obligated to adhere to certain constraints in their treatment of one another, cases, litigants and citizens. Less explored, however, have been the ways in which legal pronouncements likely morally impact the community, beyond the issue of a duty to obey the law. (shrink)

The standard view of classical cognitive science stated that cognition consists in the manipulation of language-like structures according to formal rules. Since cognition is ‘linguistic’ in itself, according to this view language is just a complex communication system and does not influence cognitive processes in any substantial way. This view has been criticized from several perspectives and a new framework (Embodied Cognition) has emerged that considers cognitive processes as non-symbolic and heavily dependent on the dynamical interactions between (...) the cognitive system and its environment. But notwithstanding the successes of the embodied cognitive science in explaining low-level cognitive behaviors, it is still not clear whether and how it can scale up for explaining high-level cognition. In this paper we argue that this can be done by considering the role of language as a cognitive tool: i.e. how language transforms basic cognitive functions in the high-level functions that are characteristic of human cognition. In order to do that, we review some computational models that substantiate this view with respect to categorization and memory. Since these models are based on a very rudimentary form of non-syntactic ‘language’ we argue that the use of language as a cognitive tool might have been an early discovery in hominid evolution, and might have played a substantial role in the evolution of language itself. (shrink)

As a contemporary neo-Sadraian philosopher, Muhaqeq Isfahani has proposed his own account of the ontological argument for the existence of Allah. This account of the argument is unprecedented and has caught the attention of many contemporary thinkers. There have been proposed five accounts of this argument upon three pivots. First is the concept of necessary being as a mental concept. Second is the concept of necessary being so far as it denotes something beyond the concept. And third is the very (...) reality of necessary being existing by itself in the outside world. Each of the above accounts is open to some criticisms. Prof. Mahdi Ha’iri Yazdi has leveled four criticisms at that account of the argument such as counter-argument, begging the question, the confusion of categorical proposition with non-categorical one. The proponents of ontological argument have raised objections to Ha’iri’s criticisms. Most of those objections are not valid for they stem from the insufficient consideration of the fact that concepts such as “necessary being”, “God”, “partner of Creator” and the like are philosophical secondary intelligible. Accordingly, most of Prof. Ha’iri’s criticisms against Muhaqeq Ishafani are valid and thus the ontological argument fails to prove the existence of Allah. (shrink)

I give an account of what makes an event a coincidence. -/- I start by critically discussing a couple of other approaches to the notion of coincidence -- particularly that of Lando (2017) -- before developing my own view. The central idea of my view is that the correct understanding of coincidences is closely related to our understanding of the correct 'level' or 'grain' of explanation. Coincidences have a kind of explanatory deficiency — if they did not (...) have this deficiency they would not be coincidences. This deficiency, I claim, is the same explanatory deficiency as when we give low-level explanations of special science phenomena. Such explanations are typically too specific and not robust enough. I claim that there is this same badness in purported explanations of coincidences. -/- I cash out this idea sketching an account of explanatory goodness — an account of what makes explanations better or worse -- and using that to give a more precise account of coincidences. (shrink)

In this paper, I discuss the use of after-effects as a criterion for showing that we can perceive high-level properties. According to this criterion, if a high-level property is susceptible to after-effects, this suggests that the property can be perceived, rather than cognized. The defenders of the criterion claim that, since after-effects are also present for low-level, uncontroversially perceptual properties, we can safely infer that high-level after-effects are perceptual as well. The critics of the criterion, on (...) the other hand, assimilate it to superficially similar effects in cognition and argue that the after-effect criterion is a cognitive phenomenon rather than a perceptual one, and that as a result it is not a reliable guide for exploring the contents of perception. I argue against both of these views and show that high-level after-effects cannot be identified either with low-level after-effects or with cognitive biases. I suggest an intermediate position: high-level after-effects are not cognitive, but they are nonetheless not a good criterion for exploring the contents of perception. (shrink)

CONTENT Introduction .................................................................................. 9 1. The unexpected: “Epistemologically Different Worlds” .......... 15 1.1 Introduction ........................................................................ 15 1.2 Definitions .......................................................................... 16 1.3 Propositions for its .............................................................. 18 1.4 Propositions for Its and being ............................................ 24 1.5 The hyperverse ................................................................... 30 2. A general view on cognitive neuroscience................................ 37 3. Optimism for localization and the “mind reading”................... 58 3.1 Bechtel’s optimism ............................................................. 58 3.2 Gallant’s laboratory work................................................... 67 3.3 Other optimistic works ....................................................... 75 4. Skepticism in cognitive neuroscience....................................... 81 4.1 Hardcastle’s (...) skepticism ...................................................... 81 4.2 Uttal’s skepticism ............................................................... 88 5. Blood-oxygen-level-dependent (BOLD) of fMRI and local field potentials (LFPs)............................................................. 107 6. The localization problem (segmentation vs. integration) ......... 126 7. The binding problem ................................................................ 138 7.1 Introduction ....................................................................... 138 7.2 The “Feature-Integration Theory” (FIT)............................. 146 7.3 The synchrony or temporal coding theory (temporal binding). 153 7.3.1 Oscillations – a general framework ....................... 153 7.3.2 More details about frequency bands, activated neural areas and cognitive functions ........................ 160 8 7.3.3 Gamma range in visual cognition ............................. 168 7.3.4 Communication among neural areas through synchronized oscillations.......................................... 177 7.3.5 The main critics for temporal coding hypothesis... 187 8. Perception and object recognition ........................................... 194 8.1 Perception and object recognition.................................... 194 8.2 A few words about other notions in cognitive neuroscience .................................................................... 210 9. Space and the mind................................................................... 218 10. Crossmodal interactions ......................................................... 244 11. Holism in cognitive neuroscience........................................... 254 11.1 The parts-whole relationship ........................................... 254 11.2 Raichle’s default network............................................... 269 11.3 Conscious and unconscious mental states...................... 278 12. Fingelkurts’ approach or the status of cognitive neuroscience........................................................................... 293 Conclusion: The status of cognitive neuroscience: “No ontology landscape”..................................... 317. (shrink)

Kant famously made a distinction between actions from duty and actions in conformity with duty claiming that only the former are morally worthy. Kant’s argument in support of this thesis is taken to rest on the claim that only the motive of duty leads non-accidentally or reliably to moral actions. However, many critics of Kant have claimed that other motives such as sympathy and benevolence can also lead to moral actions reliably, and that Kant’s thesis is false. In addition, many (...) readers of Kant find the claim that we should deny moral worth to a dutiful action performed from friendly inclination highly counterintuitive. Moreover, Kantian commentators disagree about the status of actions in conformity with duty, some claim that these can be taken as equally morally worthy as those performed from duty, while others argue that they are not even permissible. -/- It has also been claimed that Kant’s theory of moral worth should be related to the theory of the Gesinnung developed in the Religion. Thus, some authors claim that, in order for an action to possess moral worth, the agent has to be unconditionally committed to morality, that is, the agent must possess a virtuous character or good fundamental maxim (i.e. a good Gesinnung). However, according to Kant’s radical evil thesis (that is, the thesis that man is evil by nature ), the default position for man is to possess an evil Gesinnung, i.e. a Gesinnung which is only conditionally committed to morality insofar as morality does not demand a great sacrifice of our own happiness. So, an unwelcome consequence of this line of interpretation is that in Kantian ethics morally worthy actions become very rare indeed. -/- The paper is divided in two parts. The first part aims to clarify why Kant thought that only actions from duty are morally worthy, replying to some common objections against Kant’s view. I argue that Kant’s non-accidental condition should not be understood in terms of reliability because such interpretation is incompatible with Kant’s theory of motivation and rational agency. I propose an alternative interpretation which supports Kant’ s claim that only the motive of duty leads nonaccidently to dutiful actions, and thus only actions from duty possess moral worth. I end by showing that although actions in conformity with duty are worthless from the moral point of view, they are not (in many cases) impermissible. The first part concludes that the criterion for the permissibility of actions is different to the criterion for the ascription of moral worth. Thus, rightness, which pertains to actions performed on maxims that can be willed as universal laws, and moral worth, which pertains to actions performed from a sense of duty, should be understood as two different levels of moral assessment. -/- The second part of the paper examines Kant’s conception of virtue with the aim of showing that although only agents with a virtuous character (good Gesinnung) will reliably act from duty, a person with an evil character (evil Gesinnung) could on frequent occasions act from duty. I argue that we should not deny moral worth to actions performed from duty even when the agent has an evil Gesinnung. Goodness of Gesinnung is not a necessary condition of the action of an agent possessing moral worth; reliability of motivation is necessary for the ascription of virtue but not for the ascription of moral worth. It follows that virtue, which refers to the agent’s character or fundamental maxim (i.e. the agent’s Gesinnung), and moral worth are also two different levels of moral assessment. The paper concludes that three levels of moral assessment can be distinguished in Kant’s ethical system: (i) rightness, (ii) moral worth and (iii) moral virtue. Moral virtue is the highest level of moral perfection for a human being. Striving towards virtue requires constant progress and effort and ultimately a ‘revolution of the heart.’ The important point is that even when we are still striving to achieve virtue (i.e. an unconditional commitment to morality), we can ascribe moral worth to actions performed by a genuine sense of duty. It turns out that, contrary to many influential interpretations, Kantian ethics is not merely concerned with the rightness or wrongness of particular actions nor is Kantian ethics primarily an ethic of virtue. Instead, Kant’s ethical system is complex and allows for different levels of moral assessment in which both an action-centred and agent-centred perspective can be integrated. (shrink)

Plato’s view on pleasure in the Republic emerges in the course of developing the third proof of his central thesis that the just man is happier than the unjust. Plato presents it as the “greatest and most decisive” proof of his central thesis, so one might expect to find an abundance of scholarly work on it. Paradoxically, however, this argument has received little attention from scholars, and what has been written on it has generally been harshly critical. I (...) believe that this treatment of the argument has been unfair and that the relevant passages deserve a more careful and charitable interpretation. In this paper, I take up two serious charges that scholars have leveled against this proof, that it is inconsistent and that it involves a “fatal ambiguity”. I show that these charges result from misinterpreting Plato’s text, and I offer an alternative interpretation of the relevant passages. In doing so, I hope to shed some light on the complexities involved in Plato’s unappreciated third proof. (shrink)

This article presents a critical reevaluation of the thesis—closely associated with H. L. A. Hart, and central to the views of most recent legal philosophers—that the idea of state coercion is not logically essential to the definition of law. The author argues that even laws governing contracts must ultimately be understood as “commands of the sovereign, backed by force.” This follows in part from recognition that the “sovereign,” defined rigorously, at the highest level of abstraction, is that person (...) or entity identified by reference to game theory and the philosophical idea of “convention” as the source of signals with which the subject population has become effectively locked, as a group, into conformity. (shrink)

Stephanie Collins’ Group Duties offers interesting new arguments and brings together numerous interconnected issues that have hitherto been treated separately. My critical commentary focuses on two particularly original and central claims of the book: (1) Only groups that are united under a group-level decision-making procedure can bear duties. (2) Attributions of duties to other groups should be understood as attributions of “coordination duties” to each member of the group, duties to take steps responsive to the others with a (...) view to the group’s φ-ing or express willingness to do so. In support of the first claim, Collins argues that only groups that can make decisions can bear duties, and that the ability to make decisions requires the relevant sort of decision-making procedure. I suggest that both parts of this argument remain in need of further support. I furthermore argue that Collins’ account of coordination duties gets certain kinds of cases wrong, and suggest that attributions of duties to groups without decision-making procedures are more plausibly understood as attributing shared duties. (shrink)

A Kuhnian reformulation of the recent debate in psychiatric nosography suggested that the current psychiatric classification system (the DSM) is in crisis and that a sort of paradigm shift is awaited (Aragona, 2009). Among possible revolutionary alternatives, the proposed fi ve-axes etiopathogenetic taxonomy (Charney et al., 2002) emphasizes the primacy of the genotype over the phenomenological level as the relevant basis for psychiatric nosography. Such a position is along the lines of the micro-reductionist perspective of E. Kandel (1998, 1999), (...) which sees mental disorders reducible to explanations at a fundamental epistemic level of genes and neurotransmitters. This form of micro-reductionism has been criticized as a form of genetic-molecular fundamentalism (e.g. Murphy, 2006) and a multi-level approach, in the form of the burgeoning Cognitive Neuropsychiatry, was proposed. This article focuses on multi-level mechanistic explanations, coming from Cognitive Science, as a possible alternative etiopathogenetic basis for psychiatric classification. The idea of a mechanistic approach to psychiatric taxonomy is here defended on the basis of a better conception of levels and causality. Nevertheless some critical remarks of Mechanism as a psychiatric general view are also offered. (shrink)

This paper considers the view that the basis of equality is the range property of being a moral person. This view, suggested by John Rawls in his A Theory of Justice (1971), is commonly dismissed in the literature. By defending the view against the criticism levelled against it, I aim to show that this dismissal has been too quick. The critics have generally failed to fully appreciate the fact that Rawls's account is restricted to the domain of (...) distributive justice. On Rawls's view distributive justice is a matter of the fair terms of cooperation among the participants of a system of social cooperation. I argue that this understanding of distributive justice can provide a compelling rationale for considering moral personality as the basis of equality for this domain of morality. That moral persons are indeed equal is further supported by an intuitive argument concerning the irrelevance of morally arbitrary factors, giving us reasons to believe that varying capacities among moral persons does not result in an unequal moral status. The dismissal of Rawls's account of equality has thus been premature, and it remains an important view to consider. (shrink)

Amartya Sen has recently leveled a series of what he alleges to be quite serious very general objections against Rawls, Rawlsian fellow travelers, and other social contract accounts of justice. In The Idea of Justice, published in 2009, Sen specifically charges his target philosophical views with what calls transcendentalism, procedural parochialism, and with being mistakenly narrowly focused on institutions. He also thinks there is a basic incoherence—arising from a version of Derek Parfit’s Identity Problem—internal to the Rawslian theoretical apparatus. Sen (...) would have political philosophy pursue intersocietal comparisons of relative justice more directly and in the manner of social choice theory. Yet the positive argument he develops in support of this method is quite thin. That aside, Sen’s polemical strategy of inflicting death by a thousand cuts is ineffective against the Rawlsian paradigm. For, as I show herein, none of these criticisms have the force we might be led to expect. (shrink)

Given the fundamental role that concepts play in theories of cognition, philosophers and cognitive scientists have a common interest in concepts. Nonetheless, there is a great deal of controversy regarding what kinds of things concepts are, how they are structured, and how they are acquired. This chapter offers a detailed high-level overview and critical evaluation of the main theories of concepts and their motivations. Taking into account the various challenges that each theory faces, the chapter also presents a (...) novel approach to concepts that is organized around two ideas. The first is a pluralistic view of differing types of conceptual structure. The second is a model that treats concepts as atomic representations that are linked to various types of conceptual structures. (shrink)

According to the deliberative view of democracy, the legitimacy of democratic politics is closely tied to whether the use of political power is accompanied by a process of rational deliberation among the citizenry and their representatives. Critics have questioned whether this level of deliberative capacity is even possible among modern citizenries--due to limitations of time, energy, and differential backgrounds--which therefore calls into question the very possibility of this type of democracy. In my dissertation, I counter this line of (...) criticism, arguing that deliberative democrats and their critics have both idealized the wrong kind of citizen deliberation. Citizen deliberation should not be concerned with the indeterminate project of "translating" abstract democratic principles and values into everyday cases of political problem-solving. Instead, deliberation should take the form of analogy, just as we already find it in everyday politics and affairs. When ordinary citizens use analogies, they do not derive decisions from general principles or values, but they still reason nonetheless. Seen from this analogical perspective, deliberative democracy is already a practical reality to a large degree. When an election is on the horizon, a campaign season arises in which debates, forums, and "barstool" dialogues exponentially increase the amount of citizen deliberation. In these settings, citizens can readily be seen to be mapping analogous past candidates, elections, issues, and problems onto those currently on the ballot so as to reason about them. Consequently, analogical reasoning allows citizens to treat the majority rule mechanisms that proliferate in real politics as "deliberative outlets," which is to say, as catalysts of deliberation akin to the "creative outlets" that catalyze self-expression in the arts. While citizens may recognize majority rule mechanisms as catalysts of deliberation, many democratic theorists will hesitate to embrace this vision of the practical reality of deliberative politics. Isn't analogical reasoning too low in rigor to be placed at the heart of the deliberative ideal? I develop two arguments to explain the foundational role analogy plays in deliberation and to counter such critics. First, I draw on the explosion of research on analogical reasoning over the past two decades to show that it is far more rigorous and systematic than many suppose. Second, I argue that to the extent that citizen deliberation is concerned with rational planning, rather than just reasoning in general, analogical reasoning is logically superior. When we reason about what to do, we make plans that incorporate predictions about what is likely to ensue when a given course of action is selected. However, as soon as predictions enter into deliberation, its underlying logic changes as well. The reason for this change in logic is that as our probabilistic reasoning expands, the probability of its conclusions degenerates. Therefore, when assessing probabilities, we no longer should seek decisions derived from long, elegant chains of reasoning that connect our various options to generalities like values and principles. Instead, what we need is "short and sweet," or terse, humble lines of reasoning, which are more congruent with this form of deliberation. Thus, to the extent that democratic deliberation is involved in rational planning, it calls not for the elegant, deductive kind of reasoning idealized by proponents and critics of deliberative democracy alike. Instead, democratic deliberation calls for the "short and sweet," analogical kind of decision-making we associate with ordinary citizens already. After all, as research has shown, analogies are a much preferred and rigorous way by which even experts engage in probabilistic reasoning. By focusing on analogical reasoning, I therefore conclude that the practical reality of deliberative democracy should be recognized in ways that might ordinarily be dismissed. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy and Literature 25.2 (2001) 215-232 [Access article in PDF] Eighteenth-Century Print Culture and the "Truth" of Fictional Narrative Lisa Zunshine As a session entitled "Truth" at a recent Modern Language Association of America annual convention has demonstrated, the obsession with the epistemologies of truth is alive and well. Our "familiar ways of thinking and talking about truth," as one of the speakers, Barbara Herrnstein Smith, observed, remain "theoretically (...) elusive, discursively slippery, and hard or perhaps impossible to articulate clearly in relation to other current concepts and ideas" 1 --an irresistible invitation to further thinking and talking on the subject. My essay enters this conversation by attempting to contemplate truth not as a stable attribute but as a ongoing attribution, that is, not as an inherent property but rather as a dynamic process predicated upon functional idiosyncrasies of our evolved cognitive architecture. The broad question posed here is this: What if our never-ending quest for truth is itself cognitively constructed and the various forms that this quest takes manifest the (not necessarily harmonious) interaction between our evolved cognitive capacities and the ever-changing specifics of our cultural environment?Consider just one of the forms of such an interaction, namely, our age-long preoccupation with the "truth" of literary narrative. In many respects, this preoccupation is counterproductive: the most "fantastic" story contains a number of contingently useful "truths" about the world, whereas the most "factual" narrative manipulates facts by virtue of being a narrative or a subjective arrangementof information. Still, we persevere in wanting to put the label "fiction" or "nonfiction" onto any story that comes our way. As I will argue, the bookstore's organization of its sections satisfies this species of "cognitive" craving as well as [End Page 215] reinforces it, making it seem culturally inevitable. Viewed from this perspective, our culture appears to be a multifaceted feedback mechanism engaged in the process of satisfying, reinforcing, struggling with, and manipulating our cognitive predispositions.The cultural manipulation of our cognitive predispositions is the topic of the present essay, which discusses several examples of such manipulation that respond to our desire to assign a certain "truth-value" to a given narrative, i.e., to attach a label to it announcing its "factuality" or "fictionality." "Truth-value" is a loaded term, resisting definition, and liable to lead me into trouble. Imperfect as it is, however, I need it in order to shuffle between two scholarly discourses that do not (yet) have much vocabulary in common: literary criticism and cognitive science. The reason for turning to cognitive science in my discussion of literary narrative is that cognitive anthropologists and psychologists frequently engage the same problems that we do when we ask, What is "Fiction"? How is it different from "History"? How do we decide whether what we are reading is "true?" The key difference between the two approaches is, however, that whereas the literary critic focuses on specific texts produced and read in specific cultural circumstances, the cognitive anthropologist pays attention to the cross-cultural insistence with which people wish to and often claim to distinguish "truth" from "fiction" and inquires into the possible evolutionary history of the cognitive architecture implicated in our never-ending quest for "truth." The latter perspective can thus be useful for literary studies because, by suggesting that our evolved cognitive architecture often "encourages" us to construe the world as a negotiation of "truths" and "nontruths," this perspective begins to account--at least on some level--for the fact that people may approach a complex cultural artifact, such as a novel, with a "truth"/"non-truth" binary in mind that is ultimately not very productive. 2 Evolutionary psychologists and anthropologists frequently point to disjunctions between the tasks that our brain evolved to solve and the tasks that we have to deal with in the modern environment; our vexed insistence on determining the truth-value of the 500-page printed narrative--not an object one would come across in the Pleistocene--can be seen as yet another instance of such a disjunction.Thus, I suggest that, on the... (shrink)

According to Dreyfusian anti-intellectualism, know-how or expertise cannot be explained in terms of know-that and its cognates but only in terms of intuition. Hubert Dreyfus and Stuart Dreyfus do not exclude know-that and its cognates in explaining skilled action. However, they think that know-that and its cognates (such as calculative deliberation and perspectival deliberation) only operate either below or above the level of expertise. In agreement with some critics of Dreyfus and Dreyfus, in this paper, I argue that know-that (...) and its cognates are constitutive of rather than external to know-how and expertise. However, unlike those critics, who argue for this point only from a phenomenological point of view, my argument adopts a (telic) normative point of view. (shrink)

Howard Robinson has criticized the contemporary revival of hylomorphism in analytic philosophy for being inconsistent with the causal closure of the physical (CCP) and, by consequence, modern science. This thesis critically evaluates Robinson's criticism. We firstly analyze Robinson’s argument and reinforce it with Jaegwon Kim's causal overdetermination argument. We then turn to CCP itself, settling its exact meaning and highlighting its problems. We argue that CCP’s deferral of the meaning of “physical” to physics renders it false - if applied to (...) present physics – or undetermined – if it refers to future physics. On top of that, a careful look at present physics shows that CCP is not actually given by physics, as its proponents often claim, but rather imposed on it. Having considered the insufficiencies of CCP, we turn to the philosophical framework of hylomorphism, arguing that contemporary structural accounts of hylomorphism are bound fall prey to Robinson’s and Kim’s arguments. As such, one should embrace a more classically-inspired version of transformational hylomorphism according to which the form of substance dynamically re-identifies the material parts of an entity towards the same end as a singular causal system. This account of form provides a cohesive distinction between substances on the one hand and mere heaps or aggregates of matter on the other. This will prove to be particularly advantageous when considering various examples from contemporary biology that defy CCP’s microreductionism in showing the importance and causal relevance of biological higher-level phenomena in shaping its lower-level physical and chemical surrogates. We conclude that CCP’s picture of nature, with its monistic view of causation, is not in line with our best science. Contemporary science, from physics to biology, provides us a picture of nature where there is a constant and dynamic interplay of higher and lower-level phenomena, with both shaping each other in novel and unpredictable ways. Aristotelian hylomorphism, with its pluralistic approach to causation, provides a much stronger metaphysical framework to ground such picture. It grounds both strong emergence and downwards causation in substantial forms and, as such, gives us the tools to understand the processual characters of substances whilst upholding their unity. (shrink)

Architecture and Deconstruction Case of Peter Eisenman and Bernard Tschumi -/- Introduction Towards deconstruction in architecture Intensive relations between philosophical deconstruction and architecture, which were present in the late 1980s and early 1990s, belong to the past and therefore may be described from a greater than before distance. Within these relations three basic variations can be distinguished: the first one, in which philosophy of deconstruction deals with architectural terms but does not interfere with real architecture, the second one, in which (...) a collaboration between Jacques Derrida and a group of architects interested in his concepts is commenced, and the third one, in which completed or only designed objects or new concepts of deconstruction created by architects gain their supremacy over philosophy. The following book analyses these three possible ways, first of all with the reference to Peter Eisenman and Bernard Tschumi. -/- Peter Eisenman -/- Misreading… and Other Errors -/- The issue of relations between Peter Eisenman’s work and philosophy of deconstruction may be referred to his activity more than ten years preceding his direct collaboration with Jacques Derrida (in 1985) and organisation of the exhibition Deconstructivist Architecture at Museum of Modern Art in New York (in 1988). As soon as at the stage of designing the first houses (House I-III, 1967-1970), which almost entirely inscribed in formalistic aesthetics of Modernism, the architect analysed the problem of architecture dependence on its assumptions. All his later designs may be treated as consequence of this initial interest in relations between practice and theory, and at the same time as an introduction to manipulations later on led at the level of metaphysics of architecture. Beginning with the issue of presence, considered in comments to House VI (1972), the number of ideas having their analogies in philosophy of deconstruction increased. The text entitled The End of the Classical: The End of the Beginning, The End of the End (1984), in which Eisenman criticised questions of representation in architecture, its delusive strive for truth and comparably unattainable attempts at ultimate definition of elementary rules, should be acclaimed the breaking point. This attitude was extended by numerous strategies disturbing architecture rules defined at metaphysical level in an essay Moving Arrows, Eros, and Other Errors: an Architecture of Absence (1986). The issue of Eisenman’s passage from formalism to deconstruction has already been much discussed in the literature (Rosalind Krauss, Thomas Patin among others), still it should be mentioned that the threads similar to Derrida’s concept included in Eisenman’s writing reveal untranslatability of architecture and philosophy. -/- Choral Works or Separate tricks -/- In 1985-1986 a series of seven disputes between Jacques Derrida and Peter Eisenman took place. The pretext for them were designs concerning Parc de la Villette in Paris. The situation of many months of collaboration between a notable philosopher of the second half of the 20th c. and an architect that already had a huge theoretical oeuvre, ended up with a publication of a large volume entitled Chora L Works and it became at the same time a vast study area for historians of contemporary architecture and philosophers. Derrida’s contribution to concept works were his considerations over the idea of chôra, the properties related to this concept were about to be reflected in shapes of the park. Therefore, Chora L Works became an example of the abilities of contemporary art, both in its capability of translation from philosophical ideas to artistic forms and its resistance to tradition of representing in architecture some phenomena and values originating outside this discipline. In the final period of their collaboration both interlocutors started to polemicise with each other more decidedly, what became a separate part of their thought exchange. The exchange of letters between Derrida and Eisenman at the turn of 1989 ended up the period of their direct contacts, nevertheless, at this time precisely a large group of experts in issues of deconstruction joined the discussion and extended the revealed in the former dispute problems into more than ten years of further considerations and publications. Except for a long text by Jeffrey Kipnis, who had participated in the meetings of the philosopher and the architect, there appeared also comments of researchers of artistic theories (K. Michael Hays, Thomas Patin), philosophers (Andrew Benjamin), and even experts in Greek literature (Maria Theodorou or Ann Bergren). Following these debates a contemporary reflection on architecture has saturated with indeed numerous concepts originating in philosophy of deconstruction. -/- Architecture which imitates mute philosophy -/- The series of Jacques Derrida and Peter Eisenman meetings, which took place in the period of 1985-1987, induced many authors to make comments. Some of them (Jeffrey Kipnis, Ann Bergren, Maria Theodorou) developed the subject of chôra which was introduced to the discussion by Derrida. The problem that was about to be solved was the question of tying up the concept of chôra with architecture, including Eisenman’s architecture and the series of meetings within frames of Chora L Works project. Kipnis on this occasion paid attention to chôra and its character of anachronia which infects any being created within chôra. In other words any event has its counterpart (analogon) in another, earlier event. He demonstrated the similarity of structure of many events and statements from the times of Derrida and Eisenman’s meetings to the almost identical behaviour of figures in Plato’s dialogue Timaeus. The loss of beginning present in this phenomenon was appropriate to both features of chôra and the effects of typical analyses of philosophy of deconstruction. Bergren’s analyses focused on accentuating gender of chôra, which, according to this author, had been neglected hitherto in discussions. She collated chôra descriptions with characteristics of women in myths, early Greek epic and philosophy and she arrived at a conclusion that chôra has features of a single woman and a married one at the same time. And yet Theodorou’s studies showed that in the Homeric epics chôra is not treated as an idea but is related with single things and events. The other part of the comments (represented by Andrew Benjamin and K. Michael Hays’ utterances) concerns Eisenman’s attitude to tradition which was treated as a variety of iteration understood philosophically. Benjamin commenced his considerations at the point of closeness between a definition of tradition and a concept of chôra understood as perpetuation (placement). A problematic issue was for him Eisenman’s complex relation to tradition based on its contest and affirmation at the same time. Overcoming the simple subordination to tradition – according to Benjamin – was based on awareness of the role of repetition in culture not known before. Hays made an attempt to explain the pleasure and torment of repetition with the support of Sigmund Freud and Roland Barthes’ concepts. According to Hays repetitions are attempts of a single being to a certain primal state perceived as free of any tension. In a similar way Rosalind Krauss explained a motif of a grate present in Modernistic art and also exceptionally frequent in Eisenman’s work. -/- Annex Architecture is still writing Balzac novels. Peter Eisenman and literature -/- Architecture’s approach to writing, script or literature, present within Peter Eisenman’s work, is an exceptional phenomenon, furthermore a complex one. The article considers four possible relations. The first one relates to Eisenman’s characteristics as a person extremely gifted with the ability to wordplay, which very ‘play’ reveals skills to create architectural images. In the second approach the attention has been paid to Eisenman’s interests – in the first period of his oeuvre – in linguistic works by Noam Chomsky and his transformational-generative grammar. The third kind of relations applied to overcoming the need for autonomy of architecture (and of modernist aesthetics at the same time) and renew interests in questions of meaning in architecture. The fourth sort of relations occurred when Eisenman started to create reflections of historic or literary narrations in architecture – ‘stone stories’ and architectural fictions of their kind. -/- Bernard Tschumi -/- From perversion to deconstruction In Bernard Tschumi’s writings from the 1970s and 1980s we can find a transposition of important threads of post-structuralist ideas deriving from Georges Bataille, Roland Barthes and Jacques Derrida’s works. The analysis of the architect’s writings also shows roots in Phillippe Sollers, Michel Foucault and Denis Hollier’s works. The analysis of borrowed elements from the beginnings of Tschumi’s theoretical activity may be helpful in explaining the contents of his later writings motre inspired by philosophy of deconstruction. The set of his earliest views was inspired by Marxism, Neo Marxism and French Structuralism, mainly by the writings of Henri Levebre and Guy Debord. From the thought of Levebre Tschumi took interest for city as not only a question of urbanistics but also a political issue. From Debord’s concepts he borrowed a conviction about the role of situational violation for changes in the society structure. Some of these beliefs were preserved in his own concepts of architecture as an event. From this period derived also his will to change conservative elements of social structure not by means of political revolution but of theoretical and creative activity. Tschumi acknowledged that the effective way of the proceedings towards achieving his aims would be accepting the role of both a critical intellectualist and architecture expert who would not hide away his left-wing orientation. The speculations defined by the architect as ‘revolting analyses’ were about to characterise contradictions which tear the society apart, penetrate architecture and constitute the basis of culture. Spreading away of the conscience of false assumptions hidden away in various disciplines could have weakened cohesion of a conservative society and influence the will to change among the elites. This way the beginnings of political revolution were rooted in philosophy of architecture. In 1977 Tschumi published his text entitled The Pleasure of Architecture inspired by Roland Barthes’s The Pleasure of the Text, it also included some concepts derived from Georges Bataille and Jacques Derrida. First of all the author used Barthes’s concept which made an assumption that literary activity is pervaded by the spirit of resistance towards social rules, and Tschudi transferred this remark onto architecture. From the ideas of Bataille, acquainted via Holier’s work, he derived his belief that two concepts of space, a conceptual one (defined as Pyramid) and a sensual one (defined as Labirynth), not losing their distinct features, they join in the concept of experienced space which exceeds contradictions. The exceeding itself was defined as the basic rule of architecture and it was referred to situations in which architecture not only negates social needs, but also disavows its own tradition. Crossing the borders applies not only to political issues or permanent rules of the very discipline but also interfering with other fields (especially literature and film). The fact that architecture is associated with organising events turned Tschumi’s attention to questions of violence that result from upsetting architectural order of a given building by its users and the one hand, and on the other from forcing the users to specific acts imposed by this very order. The analysis of the concepts used by Tschumi in his early writings indicates that they are close to definitions that would occur in his reflection in the following years influenced by philosophy of deconstruction. -/- Approaching deconstruction Tschumi in his theories developed in the 1980s presumed that the current social world had undergone a deep process of decay, and the reaction against which ought to be based on ordering-up actions, and also preserving the main outline of disintegration of the whole and its elements in the state of conflict. The statements concerning the nature of the contemporary to Tschumi social relations were applied by him to the world of architecture, this led him to coming up with designing strategies that took into consideration the destabilised character of conditions in which works of architecture were created. New ways of conduct invented by Tschumi drew their inspiration from literature and research on literature, psychoanalysis, structural linguistics, structuralism and post structuralism, and eventually also deconstruction philosophy. The proposed methods were opposed by their author both to functionalism continuity trends and postmodern architecture. Tschumi’s proposals contradicted any forms of conservatism or traditionalism in political sphere as well as in reference to tendencies in architecture. They were not simple contradictions of social or architectural rules, they intrude them from the inside, weaken or escalate the already existing incongruities, they move the boundaries between the areas. Revolutionary illusions about the possibility of radical changes were replaced with strategies which completed, tainted or test former rules in the series of formal games of permutation and combination. Quite different from avant-garde formalism Tschumi’s games were not about maintaining the autonomy of a given area, but on the contrary – polluting it with other areas’ influences. Tschumi enjoyed demonstrating illusions of architecture concerning simple relations between form and function, or between form and meaning. Making use of Freud, Lacan and Foucault’s research he introduced a category of “madness” into architecture allowing an observation that the recognised norms are nothing but merely ones of many possible principles of behaviour, and their recognised status resulted from unjustified hindering innovativeness which is crucial for architecture. To reborn architecture’s capability of changing Tschumi also made use of Barthes’s discoveries concerning rules of narration and works by writers who applied in their writing knowledge on linguistics. Making a work’s author unclear by various mechanical transformations of its elements was however apparent only, and formal rigours imposed on the process of designing liberated possibilities difficult to obtain in more traditional creative action. Another mode of acting introduced by Tschumi was combining his work of elements deriving from outside architecture; joining space records with notation of motion and events accompanying architectural objects among others. These architectural and extra-architectural elements were not unified, on the contrary their heterogenous and conflictual character was stressed. This is how shock, anxiety and instability, typical for live in great metropolises, infiltrated architecture. Taking some ideas of deconstruction philosophy as a pattern Tschumi also took into critical consideration in his essays traditional in architecture oppositions between form and figuration, or theory and practice. By combining various inspirations he eventually worked out an idea of architectural event, which he understood as a series of actions contesting its own field, redefining its sources, principles and elements. An event, understood in this way, was not so much producing works as rather creating conditions of their production and at the same time designing the society different from a hierarchic one. -/- Park of deconstruction Among numerous philosophical strategies of deconstruction most frequently used was questioning the practice of strong opposition of two reasons. In many cases Bernard Tschumi’s writings just consider functioning of the conflict juxtaposition of the ideas of structure and ornament or theory and practice in history of architecture. Violation of traditional relations between terms of this kind, both old and modern, raised Jacques Derrida’s objections, when he was induced for the first time to co-operate with architects’ milieu. During this long lasting thought exchange the philosopher eventually acknowledged Bernard Tschumi’s arguments for reasoning the encroachment of architecture’s fundamental rules. Deconstruction applied in architecture was not a simple transposition or analogy of practices that had been applied by philosophy of deconstruction. We may even say that considering architectural terms became an important formula of deconstruction. Architecture understood in philosophical way became something beyond the practice and theory of its own discipline, a sort of metaphysics of both philosophy and architecture. The deliberate encroachment of simplicity of dividing architecture into theory and practice, for the first time became a clear aim for Tschumi in his drawings and texts entitled The Manhattan Transcripts. The contents of this series of works was a record of characteristic features of this New York district in such a way that not only objects were the subject of the record but also relations between objects, people and events. The record was about to take into consideration a conflict character of elements of this representation and at the same time to avoid applying to them the rule of mimetism. The record became a form of reflection over the very record by an increased control over the ways of representation. Architecture which was considered in the The Manhattan Transcripts was not directed to fulfill the needs of inhabitation or production, it was rather related with hitherto usually marginalised liminal situations: building ostentatiously big monuments, religious cult, war etc. Architecture operating in these relations focused also the attention on the included in it continuous tendency to overpass its own restrictions, the role of violence as its not recognised factor, or the meaning of excess and shock in its operation. Architecture moving from reason towards madness became even more visible in the design of Parisian Parc de la Villette, whose pavilions were defined as folies (in French it means both small park buildings and follies). The park was supposed to be on the one hand a reflection of traditional society disintegration while on the other it questioned basic rules of producing a work of architecture. The traditional rules of designing, based on ordering up, were replaced with the strategies of dysfunction and dissociation. In Tschumi’s opinion methods of this kind may be equivalent of what Derrida named différance. Instead of aiming at mergence, any diversity, plays or variations were strengthen. Tschumi’s texts, in which he explained his attitude, were completed by Derrida’s extent statement entitled Point de folie – Maintenant l’architecture. Derrida’s article is the most significant of all his statements on architecture as a form of thinking and activity. According to the philosopher, architecture should divide space (in French defined as espacement), what enables both thinking and action – it arranges the space of an event. Tschumi’s buildings, defined as folies, in an essential way destabilise any created order, and at the same time they refresh it. Derrida’s statement suggests that architecture may become both metaphor of an order merging a language or a society but also of inner forces which deconstruct and reconstruct it. Therefore architecture is at the same time a construction, a deconstruction and a reconstruction. Parc de la Villette stands out in this system with its attempt to step beyond the scheme of an easy repetition and its heading for chances of achieving more radical otherness. -/- Conclusion Destruction as construction. Paradoxes of deconstruction in architecture -/- Scepticism about persistence and common importance of fundamental values of human culture evinced in philosophers and writers’ works as early as in Greek antiquity, nevertheless it was not expressed so strongly as in the second half of the 20th century. Especially in Heidegger’s work Being and Time (although originated in 1927, still influential in all later philosophy) the following states were characterised: the state of losing the ground (Abgrund), of being out of sight (Unheimlichkeit) and of being out of dwelling (Un-zuhause-sein) – as the basis of self-confidence of conscious being there (Dasein). The entire criticism of philosophy of home and dwelling draws the inspiration from this early writing of the German philosopher, it combines crisis of basic terms of metaphysics with social conditions which are dictated by living in large metropolis. The crisis of both metaphysical foundation and home appears to be similar to the situation of weakening the relations between a man and his dwelling in extensively expanding cities. Whereas philosophy, as well as many disciplines of social sciences, have diagnosed for a long time the destabilisation of fundamental ideas of Western culture and crucial changes in the ways of dwelling, architecture itself occurred to be “the last fortress of metaphysics” (J. Derrida). Among contemporary architects, Peter Eisenman and Bernard Tschumi were the ones who engaged most decidedly in the issues of critical analysis of architecture foundation and its social role. Both the architects noticed new formulas of contemporary social and individual existence, tremendously different from the entire history, and at the same time they affirmed lack of adequacy of architecture concepts to new situations. Both Eisenman and Tschumi used to describe the existing architecture as a tool for consolidation of highly integrated and hierarchised societies, and also as a discipline extremely uncoincidental with the current character of social life based on ideas of freedom and diversity. The means to transform architecture and make a factor of further social changes out of it, was a concept that accentuated revealing the inner contradictions of this discipline, and considering them in designing strategies. Eisenman’s activity, in regard of what has just been noticed, was focused on questioning the basic rules of traditionally comprehended architecture, especially the rule of purpose. The American architect noticed that the concept of architecture as fulfilment the need of location, hides away the fact that the location has to be constantly reconsidered, and hence it is overtaken by change (dislocation). Therefore new concept of architecture propounded architectural activity to translocate the concept of location – more than before – but also to change its status perpetually. Such comprehended architecture should claim, as its main purpose, the constant revision of this purpose and create itself anew permanently. Even Eisenman’s earliest designs of houses nos. I-IV broke with such values as the sense of safety, closeness and familiarity, and just on the contrary they accentuated senses of strangeness, homelessness and loss of confidence. The contradictions within architecture noticed by Tschumi referred to combination of intellectual and sensual values in architecture, when their non-appropriation was defeated by an additional condition, namely the way of experience based on pleasure of excess, marked by insanity. The features of folly were especially visible in his designs of gardens, where the order of planning was mixed with sensual experience introduced by particular elements (both the ones created by nature, and the buildings defined as folies). Parc de la Villette designed by the French architect in Paris put in question not only the common understanding of purpose in architecture but also the ideas of order and integrity, as its plan was based on the combination of independent layers with records of grids of points, various lines and planes. The architecture that collides inadequate elements with each other was supposed to be a kind of an event with no beginning and no end. The architecture treated as an event became a form of a space weakened articulation that maintains its diversity and lack of accordance of the elements building it up. The analyses of Eisenman and Tschumi’s theoretical writings indicate how much the aims of architecture have actually changed; instead of supporting social persistence, the architecture is rather intensifying contradictions, and instead of providing people with the sense of safety, it sublimes danger. From simple acts of defamiliarisation, increasing the distance to itself and enhancing the role of theory, through discomfort, anxiety, not feeling someone at home, weirdness, excess, shock and violence, architecture reached the edge of stability and uncertainty, only to make an attempt at penetrating what is impossible and unutterable, and recording what cannot become the subject of any records. -/- . (shrink)

We argue that recent empirical findings and theoretical models shed new light on the nature of attention. According to the resulting amplification view, attentional phenomena can be unified at the neural level as the consequence of the amplification of certain input signals of attention-independent perceptual computations. This way of identifying the core realizer of attention evades standard criticisms often raised against sub-personal accounts of attention. Moreover, this approach also reframes our thinking about the function of attention by shifting (...) the focus from the function of selection to the function of amplification. (shrink)

In this discussion note I reply to some criticisms that Marc Lange (2022) has directed at my Humean view of scientific laws (Bhogal, 2020) -- about whether Humean views can make sense of the apparent fact that laws are counterfactually invariant. The key idea of my response is that the Humean should think of their reduction of the laws to the Humean mosaic as closely related to other views where we reduce one domain to another but still allow that (...) the higher-level domain can be `autonomous' of the lower-level in some respects -- like, for example, the view that the special sciences reduce to physics but can still can work autonomously of physics. (shrink)

It is commonly held that our intuitive judgements about imaginary problem cases are justified a priori, if and when they are justified at all. In this paper I defend this view — ‘rationalism’ — against a recent objection by Timothy Williamson. I argue that his objection fails on multiple grounds, but the reasons why it fails are instructive. Williamson argues from a claim about the semantics of intuitive judgements, to a claim about their psychological underpinnings, to the denial of (...) rationalism. I argue that the psychological claim — that a capacity for mental simulation explains our intuitive judgements — does not, even if true, provide reasons to reject rationalism. (More generally, a simulation hypothesis, about any category of judgements, is very limited in its epistemological implications: it is pitched at a level of explanation that is insensitive to central epistemic distinctions.) I also argue that Williamson’s semantic claim — that intuitive judgements are judgements of counterfactuals — is mistaken; rather, I propose, they are a certain kind of metaphysical possibility judgement. Several other competing proposals are also examined and criticized. (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)

The notion of function is indispensable to our understanding of distinctions such as that between being broken and being in working order (for artifacts) and between being diseased and being healthy (for organisms). A clear account of the ontology of functions and functioning is thus an important desideratum for any top-level ontology intended for application to domains such as engineering or medicine. The benefit of using top-level ontologies in applied ontology can only be realized when each of the (...) categories identified and defined by a top-level ontology is integrated with the others in a coherent fashion. Basic Formal Ontology (BFO) has from the beginning included function as one of its categories, exploiting a version of the etiological account of function that is framed at a level of generality sufficient to accommodate both biological and artifactual functions. This account has been subjected to a series of criticisms and refinements. We here articulate BFO’s account of function, provide some reasons for favoring it over competing views, and defend it against objections. (shrink)

In this chapter, we discuss a selection of current views of the neural correlates of consciousness (NCC). We focus on the different predictions they make, in particular with respect to the role of prefrontal cortex (PFC) during visual experiences, which is an area of critical interest and some source of contention. Our discussion of these views focuses on the level of functional anatomy, rather than at the neuronal circuitry level. We take this approach because we currently understand (...) more about experimental evidence at this coarse level and because these results are appropriate for arbitrating between current theoretical frameworks. We discuss the Two-Visual-Systems Hypothesis (Milner & Goodale 1995; 2006), Local Recurrency (Lamme 2010; Lamme 2006), Higher Order (Lau 2008; Lau & Rosenthal 2011) and Global Workspace theories (Baars 1997; Baars 2005; Dehaene & Naccache 2001; Dehaene 2014). Despite the apparent stark differences between conscious and unconscious perceptual processing, available evidence suggests that their neural substrates must be largely shared. This indicates that the difference in neural activity between conscious and unconscious perceptual processing is likely to be subtle and highly specialized. We argue that current experimental evidence about the involvement of specific activity in prefrontal cortex supports the higher order neural theory of consciousness. In consequence, imaging techniques that focus only on marked differences between conscious and unconscious level of activity are likely to be insensitive to the relevant neural activity patterns that underlie conscious experiences. Finally, it follows from the evidence we discuss that the functional advantages of conscious over unconscious perceptual processing may be more limited than commonly thought. (shrink)

A common objection to Sosa’s epistemology is that it countenances, in an objectionable way, unsafe knowledge. This objection, under closer inspection, turns out to be in far worse shape than Sosa’s critics have realised. Sosa and his defenders have offered two central response types to the idea that allowing unsafe knowledge is problematic: one response type adverts to the animal/reflective knowledge distinction that is characteristic of bi-level virtue epistemology. The other less-discussed response type appeals to the threat of dream (...) scepticism, and in particular, to the idea that many of our everyday perceptual beliefs are unsafe through the nearness of the dream possibility. The latter dreaming response to the safety objection to Sosa’s virtue epistemology has largely flown under the radar in contemporary discussions of safety and knowledge. We think that, suitably articulated in view of research in the philosophy and science of dreaming, it has much more going for it than has been appreciated. This paper further develops, beyond what Sosa does himself, the dreaming argument in response to those who think safety (as traditionally understood) is a condition on knowledge and who object to Sosa’s account on the grounds that it fails this condition. The payoffs of further developing this argument will be not only a better understanding of the importance of insights about dreaming against safety as a condition on knowledge, but also some reason to think a weaker safety condition, one that is relativised to SSS (i.e., skill/shape/situation) conditions for competence exercise, gets better results all things considered as an anti-luck codicil on knowledge. (shrink)

Abstract: Introspection reveals that one is frequently conscious of some form of inner speech, which may appear either in a condensed or expanded form. It has been claimed that this speech reflects the way in which language is involved in conscious thought, fulfilling a number of cognitive functions. We criticize three theories that address this issue: Bermúdez’s view of language as a generator of second-order thoughts, Prinz’s development of Jackendoff’s intermediate-level theory of consciousness, and Carruthers’s theory of inner (...) speech as a rehearsal of action-schemata. We contend they have problems to account for those cases in which inner speech is fragmentary, and for the difference with those instances in which it appears as more sentence-like. In addition, we present verbal overshadowing as a phenomenon that neither of them can easily explain. Finally, we propose an account in which inner speech is fundamentally silent outer speech and argue that it is more explanatory than the alternatives. (shrink)

When a computer system causes harm, who is responsible? This question has renewed significance given the proliferation of autonomous systems enabled by modern artificial intelligence techniques. At the root of this problem is a philosophical difficulty known in the literature as the responsibility gap. That is to say, because of the causal distance between the designers of autonomous systems and the eventual outcomes of those systems, the dilution of agency within the large and complex teams that design autonomous systems, and (...) the impossibility of fully predicting how autonomous systems will behave once deployed, determining who is morally responsible for harms caused by autonomous systems is unclear at a conceptual level. I review past work on this topic, criticizing prior works for suggesting workarounds rather than philosophical answers to the conceptual problem presented by the responsibility gap. The view I develop, drawing on my earlier work on vicarious moral responsibility, explains why computing professionals are ethically required to take responsibility for the systems they design, despite not being blameworthy for the harms these systems may cause. (shrink)

This chapter analyzes several key themes in Kant’s views about modality. We begin with the pre-critical Only Possible Argument in Support of a Demonstration of the Existence of God, in which Kant distinguishes between formal and material elements of possibility, claims that all possibility requires an actual ground, and argues for the existence of a single necessary being. We then briefly consider how Kant’s views change in his mature period, especially concerning the role of form and thought in defining (...) modality. Kant’s mature views, however, present two difficult interpretive puzzles. The first puzzle concerns whether Kant has a generally reductive view of modality. While Kant’s views on logical modality, the role of actuality in grounding possibility, and the relation of modality to cognition all suggest reduction, we argue that the categorial status of modal concepts and the difficulty in even identifying amodal grounds for modal facts all suggest a non-reductive view. The second puzzle concerns whether Kant accepts modal facts or properties at the noumenal level. While Kant’s appeal to noumenal necessary connections, the contingency of noumenal willing, and the idea of a necessary noumenal being suggest that he endorses noumenal modality, his claims that modal concepts express only relations to the faculty of cognition and his claim that modal concepts arise from our distinctive psychological structures, we argue, suggest that he rejects noumenal modality. We conclude by considering potential solutions to these puzzles. (shrink)

When discussing Logical Pluralism several critics argue that such an open-minded position is untenable. The key to this conclusion is that, given a number of widely accepted assumptions, the pluralist view collapses into Logical Monism. In this paper we show that the arguments usually employed to arrive at this conclusion do not work. The main reason for this is the existence of certain substructural logics which have the same set of valid inferences as Classical Logic—although they are, in a (...) clear sense, non-identical to it. We argue that this phenomenon can be generalized, given the existence of logics which coincide with Classical Logic regarding a number of metainferential levels—although they are, again, clearly different systems. We claim this highlights the need to arrive at a more refined version of the Collapse Argument, which we discuss at the end of the paper. (shrink)

Despite many authors in psychiatry endorsing a naturalist view of the mind, many still consider that mental dysfunctions cannot be reduced to brain dysfunctions. This paper investigates the main reasons for this view. Some arguments rely on the analogy that the mind is like software while the brain is like hardware. The analogy suggests that just as software can malfunction independently of hardware malfunctions, similarly the mind can malfunction independently of any brain malfunction. This view has been (...) critically examined in recent literature. However, other less discussed reasons suggest that mental dysfunctions cannot be reduced to brain dysfunctions because mental dysfunctions are appropri- ately ascribed at the level of intentional mental states, while brain dysfunctions are solely related to abnormalities in anatomy and physiological processes. This paper questions why such a view would be upheld. The discussion is framed within the interface problem in the philosophy of cognitive science, which concerns the relationship between personal and subpersonal levels of explanation. The paper examines the view that an autonomist perspective on the personal/ subpersonal distinction could justify the separation of mental dysfunctions, described in intentional terms, from brain dysfunctions, described in anatomical or physiological terms. Ultimately, the paper argues that the autonomist view cannot be upheld in psychiatry and, consequently, does not provide a principled justification for rejecting the reduction of mental dysfunctions to brain dysfunctions. (shrink)