Can words – rather than a State – constitute a country? It may be made of land, rivers, forests or deserts – yet, without its inhabitants’ words, there would be no map to draw, no tale to sing, no country to speak of. Palestinian tales abound. They speak of departed lands, vanished homes, forfeited livelihoods. They lament internal wrangling, squeal occupational anger, seek to whisper away those quotidian checkpoint humiliations. Yet, they also speak of hope. If there ever were such (...) a thing as “authoritative hope”, the ongoing Palestinian constitution drafting process may be it. But hope cannot be formalized, let alone authorized. And there is some danger in pretending otherwise. (shrink)

This was written in 2014 during desultory afternoons in hinterland Bengal. The blog went on to feature in a US Bible Blog carnival. The author tried then to start a dialogue between the Gospel of Glory and Hinduism. But now, in 2018, this seems puerile and infantile to the author.

Hume appeals to different kinds of certainties and necessities in the Treatise. He contrasts the certainty that arises from intuition and demonstrative reasoning with the certainty that arises from causal reasoning. He denies that the causal maxim is absolutely or metaphysically necessary, but he nonetheless takes the causal maxim and ‘proofs’ to be necessary. The focus of this paper is the certainty and necessity involved in Hume’s concept of knowledge. I defend the view that intuitive certainty, in particular, is certainty (...) of the invariability or necessity of relations between ideas. Against David Owen and Helen Beebee, I argue that the certainty involved in intuition depends on the activity of the mind. I argue, further, that understanding this activity helps us understand more clearly one of Hume’s most important theses, namely that experience is the source of a distinct kind of certainty and of necessity. (shrink)

About: P. DUHEM, “Some reflections on the subject of physical theories” P. DUHEM, “Atomic notation and atomistic hypotheses” P. DUHEM, “A new theory of the inorganic world” P. DUHEM, “Physics and metaphysics” P. DUHEM, “The English school and physical theories” P. DUHEM, “Some reflections on the subject of experimental physics” P. DUHEM, “The evolution of physical theories from the 17th century up to the present day”.

The ancient doctrine of the eternal return of the same embodies a thoroughgoing rejection of the hope that the future world will be better than the present. For this reason, it might seem surprising that Leibniz constructs an argument for a version of the doctrine. He concludes in one text that in the far distant future he himself ‘would be living in a city called Hannover located on the Leine river, occupied with the history of Brunswick, and writing letters to (...) the same friends with the same meaning.’ However, his argument concludes not that the future will be absolutely identical to the present, but rather that any finite description of the present and future worlds would be identical. In this way, the argument leaves room for the promise of a different and better future—even if it is one that could not be recognized by us as such. (shrink)

That corpuscularianism played a critical role in Locke’s philosophical thought has perhaps now attained the status of a truism. In particular, it is universally acknowledged that the primary/secondary quality distinction and the conception of real essence found in the Essay Concerning Human Understanding cannot be understood apart from the corpuscularian science of Locke’s time.1 When Locke provides lists of the primary qualities of bodies,2 the qualities that “are really in them whether we perceive them or no,” those lists show strong (...) resemblances to Robert Boyle’s views about the “primary affections” of matter, as expressed in such influential programmatic works as On the Origin of Forms and Qualities.3 Moreover, Locke’s conception of the real essences of bodies, the inner constitutions which serve as the causal sources of all their properties, typically appears to be a corpuscularian one.4 Nevertheless, the question of the nature of Locke’s philosophical allegiance to corpuscularianism remains a controversial one.5.. (shrink)

In the context of mid-level professional writing jobs, we examine the productivity effects of a generative artificial intelligence technology, namely the assistive chatbot ChatGPT. We used ChatGPT to randomly expose half of the 444 college-educated professionals to occupation-specific, incentive-based writing tasks in a preregistered online experiment. Our results show that ChatGPT considerably increases average productivity: output quality improves by 0.4 standard deviations and task completion time drops by 0.8 standard deviations. By compressing the production distribution, ChatGPT also lessens worker inequality, (...) mainly helping individuals with lesser starting abilities. ChatGPT shifts the focus of activities from rough-drafting to idea generation and editing, thereby replacing worker effort rather than enhancing worker skills. Furthermore, exposure to ChatGPT increases job satisfaction and self-efficacy while also heightening both concerns and excitement about automation technologies. (shrink)

The optimality approach to modeling natural selection has been criticized by many biologists and philosophers of biology. For instance, Lewontin (1979) argues that the optimality approach is a shortcut that will be replaced by models incorporating genetic information, if and when such models become available. In contrast, I think that optimality models have a permanent role in evolutionary study. I base my argument for this claim on what I think it takes to best explain an event. In certain contexts, optimality (...) and game-theoretic models best explain some central types of evolutionary phenomena. ‡Thanks to Michael Friedman, Helen Longino, Michael Weisberg, and especially Elliott Sober for comments on earlier drafts of this paper. †To contact the author, please write to: Department of Philosophy, Stanford University, Stanford, CA 94305-2155; e-mail: potochnik@stanford.edu. (shrink)

We investigate the productivity impacts of a generative artificial intelligence technology—specifically, the assistive chatbot ChatGPT—within the realm of mid-level professional writing tasks. In a preregistered online experiment, we assigned occupation-specific, incentivized writing tasks to 444 college-educated professionals, with half of the participants randomly exposed to ChatGPT. Our findings reveal that ChatGPT significantly enhances average productivity: the time taken to complete tasks decreases by 0.8 standard deviations, and output quality improves by 0.4 standard deviations. Additionally, the use of ChatGPT reduces inequality (...) among workers by compressing the productivity distribution, primarily benefiting those with lower initial ability. ChatGPT primarily substitutes for worker effort rather than complementing worker skills, shifting the focus of tasks from rough-drafting to idea generation and editing. Furthermore, exposure to ChatGPT increases job satisfaction and self-efficacy while also heightening both concerns and excitement about automation technologies. (shrink)

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

Writing philosophy well is an essential skill in our discipline. Philosophical writing must aim for clarity, precision, and rigor, but in doing so, it can often wind up dry, long-winded and boring. It can take many drafts to produce a paper that is suitable for publication in a journal, and many aspiring (and accomplished!) academic philosophers find the process of writing arduous and frustrating. Still, some people make it look easy – if you’ve read anything by Alan Hájek, you’ve probably (...) noticed his breezy style that effortlessly communicates complex ideas in simple terms. His concise and witty prose makes even formal epistemology, a notoriously complicated, math-heavy subject, accessible and engaging to readers. However, while it might look effortless, Hájek’s spirited style is in fact born out of deep and thoughtful engagement with the craft of writing. His motto is: “Work hard for your readers, so that they don’t have to.” Hájek’s approach is decidedly anti-genius: he believes that having good ideas and communicating them well can be taught, and he has devoted considerable energy to helping his graduate students improve their writing. He has written multiple articles about philosophical creativity, as well as an unpublished lengthy manuscript on the mechanics of writing. I have benefited myself from his advice – at least I believe I have, readers may judge for themselves. My aim in this article is to share a few of his insights that I have found most helpful for myself and for my students. I won’t try to summarize all of Hájek’s advice, and I also don’t claim that all of this is totally new. Rather, I will offer a small collection of greatest hits. I will cover eight aspects of philosophical writing, and for each one, I will explain the basic idea, and then discuss some ways of implementing it for oneself and one’s students. (shrink)

The semeiotic of Charles Sanders Peirce is irreducibly triadic, positing that a sign mediates between the object that determines it and the interpretant that it determines. He eventually holds that each sign has two objects and three interpretants, standardizing quickly on immediate and dynamical for the objects but experimenting with a variety of names for the interpretants. The two most prominent terminologies are immediate/dynamical/final and emotional/energetic/logical, and scholars have long debated how they are related to each other. This paper seeks (...) to shed new light on the matter by reviewing the numerous manuscript drafts where Peirce develops the latter nomenclature while attempting to introduce his pragmatism to a general audience. It then goes on to examine an additional set of interpretants, intentional/effectual/communicational, and shows that the three different trichotomies can be understood as complementary, rather than redundant or conflicting. (shrink)

Proza e shkurtër në këtë vëllim, e ribashkuar nën titullin „Me duar në xhepa të qepur”, tërheq konflikte midis ekzistencës dhe thelbit, duke projektuar ngërçe, aporie identitare dhe shëmbëlltyra komunikimi. 1-0 (?) është një satirë për futbollin dhe aranzhimet - në favor të skuadrave apo lojtarëve të caktuar - që u prodhuan intensivisht gjatë periudhës socialiste, të dominuara nga gënjeshtra, mistifikimi dhe faji. GIONÍ diskuton për komplekset adoleshente-adoleshente të disa krijesave me status të pasigurt, të përhumbur nga dështimi dhe dështimi, (...) të cilat autori, në frymën amerikane, i shpëton në fund, duke i dërguar në punë (pa na shpjeguar sesi do të ishte i mundur shpëtimi ontologjik). Mekanizmi epik në XHAMANTANI BOJËALLI duket i huazuar nga Mircea Eliade, i zbatuar vetëm në dimensione deterministe, ndër të cilat zbulimi I paautenticitetit të një martese është më pak problematik. Tek KU ISHA NË VEND, strategjitë e fiksionit autobiografik funksionojnë me mjeshtëri, autori rikujtues na çon nëpër labirintin e fatit drejt arratisjes në brendësi. Katër tekstet e fundit (në anglisht) janë drafte për më vonë. Një sërë ilustrimeve mbështesin tekstet dhe, në tensionin e ideve, gjarpërimet e rrëfimit të Florentin Smarandache befasojnë këndshëm, duke shkaktuar keqardhje që autori, shumë më i tërhequr nga shkenca, por edhe nga avangarda, nuk kërkonte një konservator fati letrar në prozë. Kam bindjen se do të jetë një sukses. (shrink)

The Legal Documentation Assistant offers a unique method to obtain legal rights, specializing in copyright, trademark, and banking using a combination of artificial intelligence (AI) technologies. Through the synergy of legal expertise and technological innovation, our dynamic website is designed to offer clients real-time assistance and guidance to help them efficiently navigate complex legal requirements. Our personalized bots provide tailored support and answer queries, ensuring clients receive the help they need. At the core of our platform is a combination of (...) AI-powered chatbots designed to provide clients with real-time help and guidance. These bots provide personalized support, answer questions, explain legal concepts and guide customers through multiple procedures. In addition, our platform enables seamless file editing, allowing clients to customize legal templates to suit their needs. By sharing downloadable files in modern formats, we increase the convenience of people even as we sell legal requirements. Through the synergy of legal knowledge and technological innovation, our platform aims to democratize access to empower people and businesses to navigate the methods themselves. We believe that our method is an important step in bridging the gap between legal information and realistic applications. (shrink)

With AI permeating our lives, there is widespread concern regarding the proper framework needed to morally assess and regulate it. This has given rise to many attempts to devise ethical guidelines that infuse guidance for both AI development and deployment. Our main concern is that, instead of a genuine ethical interest for AI, we are witnessing moral diplomacies resulting in moral bureaucracies battling for moral supremacy and political domination. After providing a short overview of what we term ‘ethics washing’ in (...) the AI industry, we analyze the 2021 UNESCO Intergovernmental Meeting of Experts (Category II) tasked with drafting the Recommendation on the Ethics of Artificial Intelligence and show why the term ‘moral diplomacy’ is better suited to explain what is happening in the field of the ethics of AI. Our paper ends with some general considerations regarding the future of the ethics of AI. (shrink)

Leibniz developed several arithmetical interpretations of the assertoric syllogistic in a series of drafts from April 1679. In this article, I present what I take to be one of his most mature articulations of the arithmetical semantics from that series. I show that the assertoric syllogistic can be characterized exactly not only in the full divisibility lattice, as Leibniz implicitly suggests, but in a certain four-element sublattice thereof. This refinement is also shown to be optimal in the sense that the (...) assertoric syllogistic is not complete with respect to any smaller sublattice using Leibniz’s truth conditions. (shrink)

EAP course teaches how the program concerns and provides us with a valuable way of organizing our thinking about conceptual disciplinary within the particular community. The area of EAP is referred with genres. The process of writing academically requires creating a text where the writer takes it for granted the reader is about to recognize. To group texts together, writers utilize language in order to respond to recurring situations and this case is +represented with the term genre.

At the opening of Spinoza’s Ethics, we find the three celebrated definitions of substance, attribute, and God: E1d3: By substance I understand what is in itself and is conceived through itself, i.e., that whose concept does not require the concept of another thing, from which it must be formed [Per substantiam intelligo id quod in se est et per se concipitur; hoc est id cujus conceptus non indiget conceptu alterius rei, a quo formari debeat]. E1d4: By attribute I understand what (...) the intellect perceives of a substance, as constituting its essence [Per attributum intelligo id, quod intellectus de substantia percipit, tanquam ejusdem essentiam constituens]. E1d6: By God I understand a being absolutely infinite, that is, a substance consisting of an infinity of attributes, of which each one expresses an eternal and infinite essence We are accustomed to think of these paramount definitions as a fixed and settled formulation of the core of Spinoza’s metaphysics, but if we look at the development of Spinoza’s thought, the picture we get is quite different. In the early drafts of the Ethics and in his early works, Spinoza seems to have experimented with various conceptualizations of the relations between substance, attribute, and God. Some of Spinoza’s works make barely any use of the notions of substance and attribute, and the testimony of Spinoza’s letters suggests that, at a certain stage in his philosophical development, the concept of attribute may have been put on the back burner, if not completely dropped. Indeed, another closely related concept—accident [accidens]—was fated to be pulled out of the system (and for good reasons ). The final version of the Ethics makes hardly any use of this notion, but Spinoza’s letters show that in early drafts of the Ethics he used the term ‘accident’ to refer to what cannot be or be conceived without substance. In this paper I will attempt to provide a brief outline of the genealogy of Spinoza’s key metaphysical concepts. This genealogy, like any other, can help us to reexamine and reconsider what seems to us natural, stable and obvious. In the first part of the paper, I rely on Spinoza’s letters to trace the development of his definitions of substance and attribute in the early drafts of the Ethics. The letters, whose dates are more or less established, also provide a temporal grid for our subsequent discussions. The second part surveys Spinoza’s discussion and conceptualization of substance and attributes in the Treatise on the Emendation of the Intellect, the Theological-Political Treatise (1670), and briefly, Spinoza’s 1663 book on Descartes’ Principles of Philosophy, and its appendix on Metaphysical Thoughts, the Cogitata Metaphysica. The third part of the paper is dedicated to Spinoza’s understanding of substance and attribute in the Short Treatise on God, Man, and His Well-Being. I conclude with some remarks on the stability of Spinoza’s final position on the issue, as expressed in the published version of the Ethics . (shrink)

Contemporary analytic philosophy is dominated by metaphilosophical naturalism, the view that philosophy ought to be continuous with science. This naturalistic turn is for a significant part due to the work of W. V. Quine. Yet, the development and the reception of Quine’s naturalism have never been systematically studied. In this paper, I examine Quine’s evolving naturalism as well as the reception of his views. Scrutinizing a large set of unpublished notes, correspondence, drafts, papers, and lectures as well as published responses (...) to Quine’s work, I show how both internal tensions and external criticisms forced him to continuously develop, rebrand, and refine his metaphilosophy before he explicitly decided to label his view ‘naturalism’ in the late 1960s. (shrink)

Two different versions of the ending of the first additament to C. S. Peirce's 1908 article, "A Neglected Argument for the Reality of God," appear in the Collected Papers but were omitted from The Essential Peirce. In one, he linked the hypothesis of God's Reality to his entire theory of logic as semeiotic, claiming that proving the latter would also prove the former. In the other, he offered a final outline of his cosmology, in which the Reality of God as (...) Ens necessarium is indispensable to both the origin and order of our existing universe of Signs. Exploring these passages, as well as the unpublished manuscript drafts of the article, provides important insights into the key concepts of instinct and continuity within Peirce's comprehensive system of thought. (shrink)

This contribution proposes how beholders may internally process unfinished works of art. It does so by considering five of Michelangelo Buonarroti’s interrupted sculptures and pointing out their empathic and imaginative potential. The beholder focused on the surface, I propose, is inclined to mentally simulate the artist’s gesture that drafted the sculptures through the visible graphic signs of the chisels. This inner simulation takes place within the activation of various brain networks, located in the brain’s motor system. Renaissance authors associated the (...) observation of the unfinished to learning and, as this article shows, this assumption seems to find confirmation in recent neuroscientific studies on mirror neurons and imitation learning. In this way, the empathic engagement established between the beholder and the work of art observed – as well as the role played by embodied simulation and imagination in this kind of visual perception – clarifies how the incompleteness can also have that pedagogical function recognised by Giorgio Vasari and Benvenuto Cellini. (shrink)

One of the most attractive, but nevertheless highly controversial proposals to alleviate the negative effects of today’s international patent regime is the Health Impact Fund (HIF). Although the HIF has been drafted to facilitate access to medicines and boost pharmaceutical research, we have analysed the burdens for the global poor a similar proposal designed to promote the use and development of climate-friendly technologies would have. Drawing parallels from the access to medicines debate, we suspect that an analogous “Climate Impact Fund” (...) will increase the already very high scientific and technological supremacy of the developed world over the Global South. We advocate countering this dominance on the ground that countries with scarce research and development capacities will be in a difficult position to reject technologies and will not have a say on how such technologies should look like. Further, addressing global hazards should be an inclusive endeavour and not only a privilege reserved for the developed world. Incentivizing grassroots innovation would be a major step to promote scientific and technological inclusion. (shrink)

The purpose of this article is to consider the question of whether democratic legitimacy requires viewpoint neutrality with regard to political speech – including extremist political speech, such as hate speech. The starting point of my discussion is Jeremy Waldron’s negative answer to this question. He argues that it is permissible for liberal democracies to ban certain extremist viewpoints – such as vituperative hate speech – because such viewpoint-based restrictions protect the dignity of persons and a social and moral environment (...) of mutual respect. According to Waldron, well-drafted narrow hate speech bans are not democratically illegitimate, and they do not undermine systemic democratic legitimacy – that is, the legitimacy of a democratic political system. In contrast to Waldron, I will argue that democratic legitimacy requires viewpoint neutrality to respect persons as thinking agents. I will defend a civil libertarian doctrine of viewpoint neutrality, and this doctrine requires that citizens in liberal democracies ought to have a legal free speech right to do moral wrong – that is, a legal right to express and defend any political viewpoint or idea, even if it is morally wrong to express, or expose others to, such views. It will be argued that any viewpoint-based restriction on public discourse (including narrow hate speech bans) is democratically illegitimate, and that such restrictions undermine systemic democratic legitimacy. (shrink)

Artificial intelligence is now widely accessible and already being used by healthcare researchers throughout various stages in the research process, such as assisting with systematic reviews, supporting data collection, facilitating data analysis and drafting manuscripts for publication. The most common AI tools used are forms of generative AI such as ChatGPT, Claude and Gemini. Generative AI is a type of AI that can generate human-like text, audio, videos, code and images based on text-based prompts inputted by a human user. (...) Generative AI is trained on large amounts of data, and the outputs are sophisticated and can be indistinguishable from a response from a skilled human. In this article, we outline several AI applications that can be used in healthcare research, examining their benefits, limitations and outline best practices for maintaining research integrity and ethical standards. (shrink)

One over Many: The Unitary Pluralism of Plato’s World is a tightly integrated collection of essays by the author, some newly drafted for the present work, some previously published as journal articles, all conceived and developed in pursuit of corrective intervention in Plato’s metaphysics. The book replaces the standard view of Plato as a metaphysical dualist with an alternative interpretation providing greater explanatory power through the paradigm of unitary pluralism in a single reality built on ontological diversity.

Ex nihilo nihil fit. Philosophy, especially great philosophy, does not appear out of the blue. In the current volume, a team of top scholars-both up-and-coming and established-attempts to trace the philosophical development of one of the greatest philosophers of all time. Featuring twenty new essays and an introduction, it is the first attempt of its kind in English and its appearance coincides with the recent surge of interest in Spinoza in Anglo-American philosophy.Spinoza's fame-or notoriety-is due primarily to his posthumously published (...) magnum opus, the Ethics, and, to a lesser extent, to the 1670 Theological-Political Treatise. Few readers take the time to study his early works carefully. If they do, they are likely to encounter some surprising claims, which often diverge from, or even utterly contradict, the doctrines of the Ethics. Consider just a few of these assertions: that God acts from absolute freedom of will, that God is a whole, that there are no modes in God, that extension is divisible and hence cannot be an attribute of God, and that the intellectual and corporeal substances are modes in relation to God. Yet, though these claims reveal some tension between the early works and the Ethics, there is also a clear continuity between them.Spinoza wrote the Ethics over a long period of time, which spanned most of his philosophical career. The dates of the early drafts of the Ethics seem to overlap with the assumed dates of the composition of the Treatise on the Emendation of the Intellect and the Short Treatise on God, Man, and His Well Being and precede the publication of Spinoza's 1663 book on Descartes' Principles of Philosophy. For this reason, a study of Spinoza's early works can illuminate the nature of the problems Spinoza addresses in the Ethics, insofar as the views expressed in the early works help us reconstruct the development and genealogy of the Ethics. Indeed, if we keep in mind the common dictum. (shrink)

Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies designed to enshrine (...) rights such as a right to health care. We begin with an overview of the drafting of the UDHR and highlight the primary influence of natural law theory in validating the rights contained therein. We then provide an explication of natural law theory by reference to the writings of Thomas Aquinas, as well as elucidate the complementary “capabilities approach” of Martha Nussbaum. We conclude that a right to health care ought to be guaranteed by the state. (shrink)

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...) you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

Limits of the Conversation about Forms. Types of Knowledge and Necessity of Forms in Plato's "Parmenides". - Forms (ideas) are among the things that Plato is serious about. But about these things he says in his "Seventh Letter": "There neither is nor ever will be a treatise of mine on the subject." (341c, transl. J. Harward). Plato's statement suggests the question, why one does not and never can do justice to the Platonic forms by means of a written text about (...) the forms. Another big question of Plato research is whether the conversations documented in the Platonic dialogues are also affected by this verdict. This paper aims to provide, as far as possible, newly substantiated answers to these two questions. To this end, the systematic limits of the discussion about forms, which are particularly evident in Plato's dialogue "Parmenides", are examined in eight steps: First, two types of knowledge are presented that play an important systematic role in Plato's philosophy with regard to the limits of conversation: knowledge-how (practical knowledge) and knowledge-that (propositional knowledge) (I). Then the Socratic model of these two types of knowledge is interpreted, which is drafted in the tenth book of the "Republic". This model uses the example of bridle, bridlemaker and rider to explain the primacy of practical knowledge and the limits of propositional knowledge (II). Subsequently, it will be shown how the dialogues "Republic" and "Parmenides" are connected with each other in content and form (III). The gradation of the two types of knowledge, which is indicated by the motifs of the bridle and the horse on the image level of the "Parmenides", proves to be the structure that systematically underlies the structure of the entire dialogue (IV). It also makes clear why the conversation about the forms in the first part of the "Parmenides" has to fail (V). The assumption that the two parts of the "Parmenides" express two different types of knowledge in dealing with forms is supported by the results of a logical analysis of the last defence of the acceptance of forms (135b-c). This analysis shows why, for reasons of principle, it is impossible to speak adequately about forms (VI). Forms have the function of being presuppositions of 'talking about something'. Thus forms are always presupposed in conversation when one talks about them, and thus elude appropriate discussion in conversation (VII). That this is not only a methodical insight of the Platonic Parmenides, but can also be attributed to Plato himself, is demonstrated by the concluding reinterpretation of the central sentence of the critique of writing in Plato's "Seventh Letter". It will become apparent that, contrary to the now widespread view of the representatives of the Tübingen school, philosophical and also good philological reasons speak for the fact that Plato related his criticism only to the communicability of forms through treatises, i.e. tract-like writings (VIII). (shrink)

It is possible to pose many difficult and fascinating problems and criticisms for the various theses and arguments in Escape from Leviathan (EfL). This occurred while writing it, and various sharp minds did it on reading drafts or the final product. However, some reviews misunderstand, or ignore, what is written and reassert conventional views. But it is best to answer all published criticisms if only to show how they fail, lest anyone thinks they are sound, and even poor criticisms can (...) sometimes elicit elucidation. Thus, we now turn to the review. (shrink)

After the emergence of a popular resistance movement to direct rule by an absolutist monarchy, and several years of civil war, King Gyanendra of Nepal yielded power to an elected Congress in 2006. Within one year, Nepali citizens saw the signing of a Comprehensive Peace Accord, the establishment of a Constituent Assembly, the declaration of the Nepali state, and the declaration of the Nepali Republic a year after that. An Interim Constitution was adopted by 2007, which endowed the Constituent Assembly (...) with the authority to draft Nepal’s permanent Constitution, and established the limitations under which the Assembly must operate — all apparently legitimate steps in establishing a Constitutional order. What initially appeared to adhere to an established model of post-sovereign constitution-making failed in its first attempt. Indeed, the drafting and ratification of a permanent constitution is no easy task. Why did the first Constituent Assembly fail? Where did the constitution-making process divert from the post-sovereign model, and what caused it? I examine the process from the establishment of Nepal’s first Constituent Assembly to the short-lived deliberations of the Assembly, followed by the dissolution of the Assembly for failing to achieve its mandate. I also trace Nepal’s constitution-making process along the post-sovereign model, and assess whether they adhered to or diverted from the model. It is understood that no political models are fixed in the sense that adherence or divergence is necessarily incompatible with success or failure. However, I use Andrew Arato’s post-sovereign model as a guide for identifying the stages in the constitution-making process, and for a background to the discussion on where the first Assembly failed. (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)

Gottfried Leibniz embarked on a research program to prove all the Aristotelic categorical syllogisms by diagrammatic and algebraic methods. He succeeded in proving them by means of Euler diagrams, but didn’t produce a manuscript with their algebraic proofs. We demonstrate how key excerpts scattered across various Leibniz’s drafts on logic contained sufficient ingredients to prove them by an algebraic method –which we call the Leibniz-Cayley (LC) system– without having to make use of the more expressive and complex machinery of first-order (...) quantificational logic. In addition, we prove the classic categorical syllogisms again by a relational method –which we call the McColl-Ladd (ML) system– employing categorical relations studied by Hugh McColl and Christine Ladd. Finally, we show the connection of ML and LC with Boolean algebra, proving that ML is a consequence of LC, and that LC is a consequence of the Boolean lattice axioms, thus establishing Leibniz’s historical priority over George Boole in characterizing and applying (a sufficient fragment of) Boolean algebra to effectively tackle categorical syllogistic. (shrink)

Medical ghostwriting is the practice in which pharmaceutical companies engage an outside writer to draft a manuscript submitted for publication in the names of “honorary authors,” typically academic key opinion leaders. Using newly-posted documents from paroxetine litigation, we show how the use of ghostwriters and key opinion leaders contributed to the publication of a medical journal article containing manipulated outcome data to favor the proprietary medication. The article was ghostwritten and managed by SmithKline Beecham, now GlaxoSmithKline (GSK) and Scientific Therapeutics (...) Information, Inc. without acknowledging their contribution in the published article. The named authors with financial ties to GSK, had little or no direct involvement in the paroxetine 352 bipolar trial results and most had not reviewed any of the manuscript drafts. The manuscript was originally rejected by peer review; however, its ultimate acceptance to the American Journal of Psychiatry was facilitated by the journal editor who also had financial ties to GSK. Thus, GSK was able to take an under-powered and non-informative trial with negative results and present it as a positive marketing vehicle for off-label promotion of paroxetine for bipolar depression. In addition to the commercial spin of paroxetine efficacy, important protocol-designated safety data were unreported that may have shown paroxetine to produce potentially harmful adverse events. (shrink)

Este trabajo es un comentario sobre la primera traducción al español de las guías del Reino Unido “Atención después de la investigación: un marco para los comités de ética de investigación del NHS (borrador versión 8.0)”. El comentario se divide en tres partes. En la primera parte, se busca resumir la información básica necesaria para mejorar la lectura comprensiva de la traducción de las guías. En la segunda parte, se analiza una selección de la normativa argentina que trata sobre atención (...) después de la investigación. En la tercera parte, se presentan las principales limitaciones del borrador de las guías y su traducción. El propósito de este comentario es que los futuros lectores y lectoras puedan hacer un uso crítico y deliberado de las guías, en la evaluación de estudios clínicos o como base para la redacción de guías propias sobre atención después de la investigación. ***This work is a commentary on the first Spanish translation of the UK guidelines “Care after research: a framework for NHS research ethics committees (draft version 8.0)”. The commentary is divided into three parts. The first part seeks to summarize the basic information needed to improve reading comprehension of the translation of the guidelines. The second part analyzes a selection of Argentinean regulations dealing with care after research. The third part presents the main limitations of the guidelines draft and its translation. The purpose of this commentary is that future readers can make a critical and deliberate use of guidelines in the assessment of clinical studies or as a basis for drafting their own guidelines on care after research. (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These include (...) case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

Resumen Ésta es la primera traducción al español de las guías “Atención después de la investigación: un marco para los comités de ética de investigación del National Health Service (NHS) (borrador versión 8.0)”. El documento afirma que existe una fuerte obligación moral de garantizar que los participantes enfermos de un estudio clínico hagan una transición después del estudio hacia una atención de la salud apropiada. Con “atención de la salud apropiada” se hace referencia al acceso para los participantes a la (...) atención de la salud, proporcionada principalmente por el National Health Service (en adelante NHS), el sistema de salud del Reino Unido, y/o a la intervención en estudio, también llamada producto o tratamiento en investigación. Las guías “Atención después de la investigación” están dirigidas principalmente a los miembros de los 79 comités de ética de investigación del NHS y a quienes presentan sus estudios de investigación ante estos comités. Se trata de un documento borrador muy avanzado, trabajado en numerosas reuniones, durante más de 3 años, que ha sido discutido por participantes de estudios y miembros de la comunidad, miembros y presidentes de comités de ética de investigación del Reino Unido, especialistas internacionales en ética de la investigación, representantes de la industria y otras partes interesadas. La redacción de las guías es producto de la colaboración de Neema Sofaer y Penney Lewis, ambas investigadoras del King’s College London, en el Centre of Medical Law and Ethics del Dickson Poon School of Law, y Hugh Davies, Asesor en Ética de la Investigación de la Health Research Authority (HRA) del NHS. El traductor del presente documento, Ignacio Mastroleo, participó del workshop en la Fundación Brocher (Ginebra, Suiza, diciembre de 2011) donde se revisó el borrador versión 7.0 y contribuyó en la revisión del borrador de la versión 8.0 durante el 2012. -/- Abstract This is the first Spanish translation of the guidelines “Care after research: a framework for NHS RECs (8th draft)”. The document states that there is a strong moral obligation to ensure that participants in a clinical study who are ill transition after the study to appropriate healthcare. The terms "appropriate healthcare" refer to participants’ access to health care, mainly provided by the National Health Service (NHS), the health system in the UK, and/or to the intervention study also named investigational treatment or product. The guides "Care after research" are mainly directed to members of the 79 NHS committees of research ethics (RECs) and to those who submit their research to these committees. This is a very advanced draft document, worked in several meetings, for more than three years, that has been discussed with study participants and community members, members and chairs of RECs in the UK, international specialists in research ethics, industry representatives and other stakeholders. The drafting of the guidelines is the result of the collaboration of Neema Sofaer and Penney Lewis, both researchers at King's College London, at the Centre of Medical Law and Ethics of Dickson Poon School of Law, and Hugh Davies, Research Ethics Advisor of the Health Research Authority (HRA) of the NHS. The translator of this document, Ignacio Mastroleo, attended the workshop at the Brocher Foundation (Geneva, Switzerland, December 2011) where draft version 7.0 was revised and contributed in the revision of draft version 8.0 during 2012. (shrink)

Summary Background Self-binding directives instruct clinicians to overrule treatment refusal during future severe episodes of illness. These directives are promoted as having potential to increase autonomy for individuals with severe episodic mental illness. Although lived experience is central to their creation, service users’ views on self-binding directives have not been investigated substantially. This study aimed to explore whether reasons for endorsement, ambivalence, or rejection given by service users with bipolar disorder can address concerns regarding self-binding directives, decision-making capacity, and human (...) rights. Methods This study used qualitative data from an internet-based survey distributed to the mailing list of the UK charity Bipolar UK, which contained multiple closed and open questions on advance decision-making in bipolar disorder. Quantitative analysis of a closed question about self-binding directives had already demonstrated endorsement amongst a very high proportion of participants with bipolar disorder who completed the survey. We conducted thematic analysis of responses from those participants who answered a subsequent open question about reasons for their view. Research was co-produced within a multi-disciplinary team, with clinical, legal, and ethical expertise, and lived experience of bipolar disorder. Ideas and methodologies associated with all these areas of expertise were used in the analysis of these reasons and to gain insight into the thoughts of individuals with bipolar disorder about self-binding directives and associated issues. Findings Between Oct 23 and Dec 5, 2017, 932 individuals with a self-reported clinical diagnosis of bipolar disorder completed the internet survey, with 565 (154 men; 400 women; 11 transgender or other) providing free text answers to the open question. A large majority of respondents endorsed self-binding directives, nearly all describing a determinate shift to types of distorted thinking and decision-making when unwell as their key justification. Responses indicating ambivalence were dominated by logistical concerns about the drafting and implementation of self-binding directives, while those who rejected self-binding directives also cited logistical concerns, validity of their thinking when unwell, and potential contravention of human rights. Interpretation This study is, to our knowledge, the first large study of reasons why mental health service users might endorse or reject the use of self-binding directives. The findings provide empirical support for introducing self-binding directives into mental health advance decision-making practice and policy and may help to address enduring ethical concerns surrounding possible implementation of the directive while a person retains decision-making capacity. The opinions expressed here in responses given by multiple service users with bipolar disorder challenge a prominent view within international disability rights debates that involuntary treatment and recognition of impaired mental capacity constitute inherent human rights violations. Funding The Wellcome Trust . (shrink)

In the scientific communities most criticisms are constructive, while they are destructive in the humanistic circles. Indeed, scientists circulate their drafts among colleagues and students, hoping to elicit their comments and suggestions before submitting their work to publication. In contrast, philosophers and political thinkers attack their rivals, without sparing arguments ad hominem or even insults. The reason for this difference is that scientists are after the truth, whereas most humanists fight for more or less noble causes, from swelling their own (...) curricula to joining crusades for or against rationality, realism, justice, or what have you. (shrink)

Between Schelling’s Über Dante in philosophischer Beziehung (1803) and the Dantean drafts of die Weltalter (1811-1815) stand the transitional texts of his middle period, the Philosophie und Religion (1804) and Freiheitsschrift (1809). His short essay on Dante contrasts an ancient conception of the closed cosmos with the modern universe as dynamic and expanding, then claims to extract from the Divine Comedy its eternal, threefold form. This article considers these schemata as they relate to the Philosophie und Religion and the Freiheitsschrift, (...) disclosing an enduring Dantean influence which first predicts, then persists throughout this stage of Schelling’s philosophical development. (shrink)

This chapter examines the relation of the Human Development or Capability Approach to liberal political theory. If development is enhancement of capabilities, then this chapter adds that development is human and social: development includes (1) the creation of value as a social process that is (2) a dialectical product of people in their relations. Specifically: (1) The place of the individual within political theory must be revised if the political subject is, as Carol Gould argues, an “individual-in-relations” rather than an (...) autonomous individual agent. (2) New possibilities for valuation are also relational: value is created dialectically along with those possibilities through processes that may be modeled on Denis Goulet’s account of dialectical recognition. These axiological claims hold importance for the place of democratic participation in just politics and development. Building upon David Crocker’s work, this chapter argues that just politics may require a participative approach that is undercut by Martha Nussbaum’s suggestion that a list of central capabilities should guide the drafting of national constitutions. The assimilation of the indigenous concept sumak kawsay to the ideal of buen vivir within Ecuador’s constitution is illustrative, suggesting that prior specification (a list) may limit and distort the dialectical generation of new capabilities. (shrink)

We develop a reading of Moore’s “Proof of an External World” that emphasizes the connections between this paper and Moore’s earlier concerns and strategies. Our reading has the benefit of explaining why the claims that Moore advances in “Proof of an External World” would have been of interest to him, and avoids attributing to him arguments that are either trivial or wildly unsuccessful. Part of the evidence for our view comes from unpublished drafts which, we believe, contain important clues concerning (...) Moore’s aims and intent. While our approach to PEW may be classified alongside other broadly "metaphysical" readings, we believe that a proper recognition of the continuity in Moore’s philosophical concerns and strategies across his philosophical career shows that the customary distinction between "epistemological" and "metaphysical" interpretative approaches to PEW is at best superficial. (shrink)

Background -/- Emerging technologies and societal changes create new ethical concerns and greater need for cross-disciplinary and cross–stakeholder communication on navigating ethics in research. Scholarly articles are the primary mode of communication for researchers, however there are concerns regarding the expression of research ethics in these outputs. If not in these outputs, where should researchers and stakeholders learn about the ethical considerations of research? Objectives -/- Drawing on a scoping review, analysis of policy in a specific disciplinary context (learning and (...) technology), and reference group discussion, we address concerns regarding research ethics, in research involving emerging technologies through developing novel policy that aims to foster learning through the expression of ethical concepts in research. Approach -/- This paper develops new editorial policy for expression of research ethics in scholarly outputs across disciplines. These guidelines, aimed at authors, reviewers, and editors, are underpinned by: -/- a cross-disciplinary scoping review of existing policy and adherence to these policies; a review of emerging policies, and policies in a specific discipline (learning and technology); and, a collective drafting process undertaken by a reference group of journal editors (the authors of this paper). -/- Results -/- Analysis arising from the scoping review indicates gaps in policy across a wide range of journals (54% have no statement regarding reporting of research ethics), and adherence (51% of papers reviewed did not refer to ethics considerations). Analysis of emerging and discipline-specific policies highlights gaps. Conclusion -/- Our collective policy development process develops novel materials suitable for cross-disciplinary transfer, to address specific issues of research involving AI, and broader challenges of emerging technologies. (shrink)

This peer-reviewed paper intervenes in debates relating to overarching themes that impact upon mass media studies, communication theory and theories of cognition more generally. In particular, the paper discusses issues involving how our ordinary psychological thinking relates to norms of rationality (and how these latter are conceived). In essence, I argue against a dominant approach taken by Christopher Peacocke, that rationality can be grounded in the possession of certain concepts. The article makes a new contribution to the field by arguing (...) against the dominant approach on two grounds: (a) it fails to distinguish between true and false normative commitments; (b) it is empirically unsound. In response, I briefly offer suggestions towards an alternative, and psychologically tractable, account of rational commitment. Presentations of earlier drafts of the paper were given at a seminar at the Centre for Study of Mind and Nature, Oslo, as well as the conference of the European Society for Philosophy and Psychology. (shrink)

The argument of this dissertation is that despite the intellectual gendered burden of the problem of disembodiment I define, it can be employed from within the limitations of a gendered account in feminist philosophy of the continental-realist type. I formulate the problem of disembodiment as rooted in the notion of the boundless (apeiron) associated with femininity. Both boundlessness and disembodiment are subject to radicalization in Plato (chōra) and Plotinus (to hen). Read as a dyad, they culminate in a tendency towards (...) gendered disembodiment, mediated by Plato’s soul-body dualism. The dissertation seeks to compare the gendered dimension of disembodiment in the work of Plato and Plotinus and that of the non- philosophers François Laruelle and Katerina Kolozova. “Part I. The Problem of Boundlessness: Radicalizing Disembodiment” is divided in three chapters, which present an intellectual history of the problem of boundlessness as femininity. I survey the problem of boundlessness as drafting relations between elements and principles and femininity in Greek mythology (Chapter 1), Plato’s cosmology (Chapter 2), and Plotinus’ metaphysics (Chapter 3). I argue that the relation between death and the female was ambivalent by the time of the Anaximandrean apeiron and that it became a subject of radicalization via Plato’s chōra and Plotinus’ One, mediated by the notion of the Indefinite Dyad and the doctrine of divided matter. The problem of boundlessness was subject to conceptual radicalization that led to hierarchical metaphysics and deepened the division between body and soul via the association of femininity, reproductivity and matter. “Part II. The Problem of Disembodiment: Revising Boundlessness” is divided in two chapters focusing on the contemporary relevance and importance of the problem of disembodiment as a way of revising boundlessness. I present and explain the legacy of the Platonic chōra and the Plotinian One and what they as a dyad entail for contemporary continental philosophy. I offer (Chapter 4) a trajectory for a continental feminist philosophy interpretation of disembodiment by combining continental feminist philosophy, non- philosophy and new realism. With the aid of Laruelle’s non-philosophy, I explain how and why chōra and the One can be used for/from continental feminist philosophy, followed by a presentation of how chōra and the One are revised in continental philosophy from non- philosophical and new realist perspectives. I then develop (Chapter 5) a continental feminist philosophical interpretation of and approach to the problem of disembodiment from a realist perspective by problematizing continental and feminist philosophical anti-realism. The approach presented is itself an argument in defence of a feminist engagement with disembodiment and the dissertation’s contribution: a non-philosophical contribution to the problem of disembodiment via a continental feminist-realist philosophical approach. The approach is offered through the intersection of continental feminist realism and non- philosophy, and partially new realism. My conclusion is that an affirmative project and consideration of disembodiment for continental feminist philosophy is possible via a non- philosophical and new realist reconsideration of the One. (shrink)

When asking fundamental questions about education, philosophers have not shied away from giving radical answers. Jean-Jacques Rousseau, for example, who found himself disenchanted with the artificiality and pride that he encountered in 18th century Paris, advocated a laissez faire education in the countryside. Such an “education by nature,” Rousseau thought, would keep children at bay from morally corrupt society and would allow them to become authentic and sincere persons. Similarly concerned with moral education, in the early 20th century the American (...) pragmatist John Dewey argued that experiential learning in socially diverse settings would be crucial for nourishing democratic culture. Being a pragmatist, Dewey also maintained that educational philosophy should always concentrate on solving practical difficulties of contemporary social life, instead of dealing with idle intellectual puzzles. In this spirit, oriented towards educational practice, several philosophers of education and educational theorists have recently turned their attention to the ways in which education might help solving some of the pressing problems arising from globalization. This special issue of Global Justice: Theory Practice Rhetoric assembles the latest scholarship of some these philosophers and theorists on the topic of “Global Justice and Education” – a topic which until recently has been curiously neglected within the academic literature on global justice. Alejandra Boni (Technical University of Valencia) and Diana Carolina Velasco (University of Ibagué) analyze how power asymmetries in global knowledge production can give rise to epistemic injustices and explored how academics can collaborate with civil society actors to fight such injustices. Johannes Drerup (Technical University of Dortmund and Free University Amsterdam) responds to the postcolonial critique that global citizenship education is Western-centric by arguing that the dichotomy of “the West vs. the Rest” is outdated and that the critical study of colonialism should be part of global citizenship education. Juan Espíndola (National Autonomous University of Mexico) criticizes that low fee private schools in many developing countries often times do not provide an adequate education, and that global philanthropists should therefore be more careful in their support for these schools. Lindsey Schwartz (University of Wisconsin-Madison) discusses a number of problems that students living abroad face because two central principles of educational justice that are usually taken for granted at the national level either systematically overlook or exacerbate their problems. These two principles are the principle of educational adequacy and the presumption of responsibility on the part of a host country for meeting children’s educational needs. Due to their inappropriateness under conditions of globalization and, in particular, transnational migration, Schwartz demands a cosmopolitan revision of the first and a replacement for the second with a focus on collective responsibility. Finally, Danielle Zwarthoed (Catholic University of Louvain) critically examines the proposal that education for autonomy could be conceived of as a global educational aim, and points out that not only do non-Western cultures endorse the ideal of autonomy, but also that autonomy increasingly gains practical value in a world in which mobility is ubiquitous. -/- All paper drafts except that of Lindsey Schwartz have been subject to intensive debate during the two-day international workshop on “Global Justice In and Through Education,” held at the American University of Paris (AUP) on November 29 and 30, 2018. The international workshop was hosted by the Center for Critical Democracy Studies (CCDS) and was generously funded not only from the CCDS but also from the German Research Foundation (DFG). (shrink)

From a behaviorist perspective, the desire to upload “minds” is already being realized on a mass, hyper-industrial scale thanks to the convergence of cognitive computing and Big Data. The accusation is that the “mind” is not an entity that exists intracranially. Instead, it is conceived as a process of individuation, which occurs in different modes and numbers. Some narratives of mind-uploading and technics in popular culture are explored: Transcendence (2014, dir. Wally Pfister) and Player Piano by Kurt Vonnegut. The discussed (...) issues consider Bernard Stiegler’s phenomenological notion of originary default and Thierry Bardini’s analysis of junk. Several questions are raised regarding miscalculations, accidents, in addition to Nicolas Agar’s discussion on the end of humanity, and Daniel Dennett’s Multiple Drafts theory within the context of exteriorization, which is considered as constitutive of interiority. (shrink)

At the end of 2015, the German parliament passed a new law, entitled "Business-like Suicide Assistance", that effectively ended a rather liberal legal take on assisted suicide in Germany. §217 of the German Criminal Code was based on a proposal drafted by members of the parliament Michael Brand, Kerstin Griese, et all., The drafters’ goal was to prohibit Right-to-Die organisations such as Sterbehilfe Deutschland e.V. as well as repeatedly acting individuals from assisting people in ending their lives. The goal of (...) this article is to outline the new law in broad brushstrokes and raise some concerns. (shrink)

Dilthey frequently recognizes anthropology as a foundational science of human nature and as a cornerstone in the system of the human sciences. While much has been written about Dilthey’s “philosophical anthropology,” relatively little attention has been paid to his views on the emerging empirical science of anthropology. This paper examines Dilthey’s relation to the new discipline by focusing on his reception of its leading German representatives. Using his book reviews, essays, and drafts for Introduction to the Human Sciences from the (...) 1860s-70s, it highlights the influence of the new anthropology on his earliest attempts to elaborate the foundations of the Geisteswissenschaften. It argues that anthropology was a key source for some of the naturalistic features of Dilthey’s philosophy, and that it pulled him in a direction contrary to the historicist hermeneutics of his teachers. (shrink)

After having given in the "Essay" a definition of freedom which straightforwardly entails its compatibility with – among other things – God's foreknowledge, Locke surprisingly writes in a 1693 letter to Molyneux that he does not see how human liberty can coexist with divine prescience. I argue that the confession to Molyneux can be made consistent with the "Essay"'s definition by embracing the view that the problem Locke had in mind when he drafted it was not a problem concerning the (...) reality of human freedom but, rather, its value. (shrink)