What are the truth conditions of want ascriptions? According to a highly influential and fruitful approach, championed by Heim (1992) and von Fintel (1999), the answer is intimately connected to the agent’s beliefs: ⌜S wants p⌝ is true iff within S’s belief set, S prefers the p worlds to the ~p worlds. This approach faces a well-known and as-yet unsolved problem, however: it makes the entirely wrong predictions with what we call '(counter)factual want ascriptions', wherein the agent either believes (...) p or believes ~p—e.g., ‘I want it to rain tomorrow and that is exactly what is going to happen’ or ‘I want this weekend to last forever but of course it will end in a few hours’. We solve this problem. The truth conditions for want ascriptions are, we propose, connected to the agent’s conditional beliefs. We bring out this connection by pursuing a striking parallel between (counter)factual and non-(counter)factual want ascriptions on the one hand and counterfactual and indicative conditionals on the other. (shrink)

An examination of conditionals in di¤erent languages leads to a distinction of three types of conditionals instead of the usual two (indicative and subjunctive). The three types can be explained by the degree of acceptance or as-if acceptance of the truth of the antecedent. The labels subjunctive and indicative are shown to be inadequate. So-called indicative conditionals comprise two classes, the very frequent uncertain-fact conditionals and the quite rare accepted-fact conditionals. Uncertain-fact conditionals may have (...) a time shift in contemporary English and the future subjunctive in Portuguese (though not all of them do). Moreover, paraphrases of if with in case or supposing are usually possible with approximately the same meaning. Accepted-fact conditionals never have these features. (shrink)

I begin my comment on Westphal’s study by exploring briefly his refutation of “the arbitrariness thesis,” and then focusing on the “conditio humanae,” i.e. the conditions of life as freedom realized in common life. As I understand it, coordination and cooperation among persons are required because employing freedom in the presence of others presupposes an act of recognition that acknowledges a priori the necessity of universal respect. The right to use and possess things within the institution of property is an (...) illustrative example of this necessity. Justice requires possession not in the form of some equal distribution but as a normative requirement that “everyone shall have property.” One must have property in order to enter the world of inter-subjectivity and become a person. This has important implications for determining how poverty is related to the validity of laws, which depends on the joint legislative will of all persons. (shrink)

Most theories of conditionals and attitudes do not analyze either phenomenon in terms of the other. A few view attitude reports as a species of conditionals (e.g. Stalnaker 1984, Heim 1992). Based on evidence from Kalaallisut, this paper argues for the opposite thesis: conditionals are a species of attitude reports. The argument builds on prior findings that conditionals are modal topic-comment structures (e.g. Haiman 1978, Bittner 2001), and that in mood-based Kalaallisut English future (e.g. Ole will (...) win) translates into a factual report of a prospect-oriented attitudinal state (e.g. expectation or anxiety, see Bittner 2005). It is argued that in conditionals the antecedent introduces a topical subdomain of an input modal base (Kratzer 1981) and requires the consequent to comment. The comment is a factual report of an attitude to the topical antecedent sub-domain. [This paper was published in 2011 as "Time and modality without tenses or modals"]. (shrink)

Analyses of factual causation face perennial problems, including preemption, overdetermination, and omissions. Arguably, the thorniest, are cases of omissive overdetermination, involving two independent omissions, each sufficient for the harm, and neither, independently, making a difference. A famous example is Saunders, where pedestrian was hit by a driver of a rental car who never pressed on the (unbeknownst to the driver) defective (and, negligently, never inspected) brakes. Causal intuitions in such cases are messy, reflected in disagreement about which omission mattered. (...) What these analyses mistakenly take for granted, is that at issue is the 'efficacy' of each omission. I argue, on the contrary, the puzzle of omissive overdetermination favors taking the act/omission distinction seriously. Factual causation, properly understood precludes omissions (i.e. omissions are not causal). Of course, the law also attaches liability to omissions, but this works differently from liability for real causes (e.g. omissions have a duty requirement, they also respond differentially to difference-making considerations). The manner in which liability attaches for omissions differs from that of straightforward causal liability, and is entirely dependent on the underlying causal structure. Attention to that structure (e.g. that the driver's hitting the pedestrian with his car is what actually caused the injury) sheds light on which omissions matter (e.g. driver's failure to press on the brakes) and why (because that failure removes a defense the driver would have to liability for the accident he caused). Other cases, where the parties' connection is entirely omissive (e.g. two physicians fail to detect independently lethal conditions), come out differently (tracking moralized elements). The analysis offered makes better sense of both why omissive determination cases are puzzling and how to resolve them. (shrink)

Ignorance is often a perfectly good excuse. There are interesting debates about whether non-culpable factual ignorance and mistake subvert obligation, but little disagreement about whether non-culpable factual ignorance and mistake exculpate. What about agents who have all the relevant facts in view but fail to meet their obligations because they do not have the right moral beliefs? If their ignorance of their obligations derives from mistaken moral beliefs or from ignorance of the moral significance of the facts they (...) have in view, should they be excused for failing to meet their moral obligations? It is not obvious that they should. In this paper we argue that the best non-skeptical accounts of moral responsibility acknowledge that factual ignorance and mistake will diminish moral responsibility in a way that moral ignorance and mistake will not. That is because factual ignorance is often non-culpable so long as it meets certain merely procedural epistemic standards but the same is not true of moral ignorance. Our argument is that the assumption that it is gets the standards of culpability for moral ignorance wrong, and that the mistake is encouraged by the thought that culpability in general requires an instance of known wrongdoing: that acting wrongly requires de dicto unresponsiveness to one’s obligations at some stage. We deny this and conclude that, therefore, ignorance and mistaken belief are indeed often perfectly good excuses – but far less often than some philosophers claim. (shrink)

Neurosis can be interpreted as a methodological condition which any aim-pursuing entity can suffer from. If such an entity pursues a problematic aim B, represents to itself that it is pursuing a different aim C, and as a result fails to solve the problems associated with B which, if solved, would lead to the pursuit of aim A, then the entity may be said to be "rationalistically neurotic". Natural science is neurotic in this sense in so far as a basic (...) aim of science is represented to be to improve knowledge of factual truth as such (aim C), when actually the aim of science is to improve knowledge of explanatory truth (aim B). Science does not suffer too much from this neurosis, but philosophy of science does. Much more serious is the rationalistic neurosis of the social sciences, and of academic inquiry more generally. Freeing social science and academic inquiry from neurosis would have far reaching, beneficial, intellectual, institutional and cultural consequences. (shrink)

Presuppositions are pragmatically considered as the conditions of the felicity of a speech act, or discourse move; however, the decision of setting the conditions of a move, which the hearer needs to accept in order to continue the dialogue, can be thought of as a speech act of a kind. The act of presupposing depends on specific conditions and in particular on the possibility of the hearer to reconstruct and accept the propositional content. These pragmatic conditions lead to epistemic considerations: (...) How can the speaker know that the hearer can reconstruct and accept a presupposition? A possible answer can be found in an argumentative approach grounded on the notion of presumptive reasoning. On this perspective, by presupposing the speaker advances a tentative conclusion about what the hearer may accept, hold, or know proceeding from factual, linguistic, and epistemic rules of presumption. (shrink)

Neurosis can be interpreted as a methodological condition which any aim-pursuing entity can suffer from. If such an entity pursues a problematic aim B, represents to itself that it is pursuing a different aim C, and as a result fails to solve the problems associated with B which, if solved, would lead to the pursuit of aim A, then the entity may be said to be "rationalistically neurotic". Natural science is neurotic in this sense in so far as a basic (...) aim of science is represented to be to improve knowledge of factual truth as such, when actually the aim of science is to improve knowledge of explanatory truth. Science does not suffer too much from this neurosis, but philosophy of science does. Much more serious is the rationalistic neurosis of the social sciences, and of academic inquiry more generally. Freeing social science and academic inquiry from neurosis would have far reaching, beneficial, intellectual, institutional and cultural consequences. (shrink)

Proposition and sentence are two separate entities indicating their specific purposes, definitions and problems. A proposition is a logical entity. A proposition asserts that something is or not the case, any proposition may be affirmed or denied, all proportions are either true (1’s) or false (0’s). All proportions are sentences but all sentences are not propositions. Propositions are factual contains three terms: subject, predicate and copula and are always in indicative or declarative mood. While sentence is a grammatical entity, (...) a unit of language that expresses a complete thought; a sentence may express a proposition, but is distinct from the proposition it may be used to express: categories, declarative sentences, exclamatory, imperative and interrogative sentences. Not all sentences are propositions, propositions express sentence. Sentence is a proposition only in condition when it bears truth values i.e. true or false. We use English sentences governed by imprecise rule to state the precise rules of proposition. In logic we use sentence as logical entity having propositional function but grammatical sentences are different from logical sentences while the former are having only two divisions namely subject and predicate and may express wishes, orders, surprise or facts and also have multiple subjects and predicates and the latter must be in a propositional form which states quantity of the subject and the quality of the proposition and multiple subjects and multiple predicate make the proposition multiple. (shrink)

To be optimistic, it is standardly assumed, is to have positive expectations. I here argue that this definition is correct but captures only one variety of optimism – here called factual optimism. It leaves out two other important varieties of optimism. The first – focal optimism – corresponds to the idea of seeing the glass half full. The second – axiological optimism – consists in the view that good is stronger than bad. Those three varieties of optimism are irreducible (...) to each other and do not belong to a common kind. I define each of these, characterize their respective correctness conditions, and contrast hope with optimism. (shrink)

A dynamic semantics for iffy oughts offers an attractive alternative to the folklore that Chisholm's paradox enforces an unhappy choice between the intuitive inference rules of factual and deontic detachment. The first part of the story told here shows how a dynamic theory about ifs and oughts gives rise to a nonmonotonic perspective on deontic discourse and reasoning that elegantly removes the air of paradox from Chisholm's puzzle without sacrificing any of the two detachment principles. The second part of (...) the story showcases two bonus applications of the framework suggested here: it offers a response to Forrester's gentle murder paradox and avoids Kolodny and MacFarlane's miners paradox about deontic reasoning under epistemic uncertainty. A comparison between the dynamic semantic proposal made in this paper and a more conservative approach combining a static semantics with a dynamic pragmatics is provided. (shrink)

The debate concerning the proper way of understanding, and hence solving, the “is-ought problem” produced two mutually exclusive positions. One position claims that it is entirely impossible to deduce an imperative statement from a set of factual statements. The other position holds a contrary view to the effect that one can naturally derive an imperative statement from a set of factual statements under certain conditions. Although these two positions have opposing views concerning the problem, it should be evident (...) that they both accept that the “is-ought problem” is concerned with the deducibility of imperative statements from factual statements. Later I will argue that this should not be our concern when we try to make sense of the way we reason about morality. (shrink)

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

This paper focuses on weather and climate as factors affecting certain facets of human activity during the Byzantine period. Various aspects of impact that weather phenomena and climatic conditions could have upon travel, travellers and communications by land, either in short-term or in long-term context, during the Byzantine period are discussed: Were there any long-term impacts of climatic change upon communications overland? Which weather phenomena are described by the Byzantine authors as affecting people on move? What was the impact of (...) weather upon land transport and communications? Which was the concept of weather that people on the move had and how can we combine weather reports with traveller's emotional and factual reality while experiencing meteorologically induced dangers during overland travel? (shrink)

Let us imagine an ideal ethical agent, i.e., an agent who (i) holds a certain ethical theory, (ii) has all factual knowledge needed for determining which action among those open to her is right and which is wrong, according to her theory, and who (iii) is ideally motivated to really do whatever her ethical theory demands her to do (even when she speaks). If we grant that the notions of omniscience and ideal motivation both make sense, we may ask: (...) Could there possibly be an ideal utilitarian, that is, an ideal ethical agent whose ethical theory says that our only moral obligation consists in maximizing utility? I claim that an ideal agent cannot be utilitarian. An ideal utilitarian cannot entertain or communicate the beliefs necessary to being a utilitarian. For if every speech act from her mouth maximizes utility, she cannot be interpreted to utter assertions at all. Her very moral theory undermines the conditions necessary for entertaining it. (shrink)

Let us start by some general definitions of the concept of complexity. We take a complex system to be one composed by a large number of parts, and whose properties are not fully explained by an understanding of its components parts. Studies of complex systems recognized the importance of “wholeness”, defined as problems of organization (and of regulation), phenomena non resolvable into local events, dynamics interactions in the difference of behaviour of parts when isolated or in higher configuration, etc., in (...) short, systems of various orders (or levels) not understandable by investigation of their respective parts in isolation. In a complex system it is essential to distinguish between ‘global’ and ‘local’ properties. Theoretical physicists in the last two decades have discovered that the collective behaviour of a macro-system, i.e. a system composed of many objects, does not change qualitatively when the behaviour of single components are modified slightly. Conversely, it has been also found that the behaviour of single components does change when the overall behaviour of the system is modified. There are many universal classes which describe the collective behaviour of the system, and each class has its own characteristics; the universal classes do not change when we perturb the system. The most interesting and rewarding work consists in finding these universal classes and in spelling out their properties. This conception has been followed in studies done in the last twenty years on second order phase transitions. The objective, which has been mostly achieved, was to classify all possible types of phase transitions in different universality classes and to compute the parameters that control the behaviour of the system near the transition (or critical or bifurcation) point as a function of the universality class. This point of view is not very different from the one expressed by Thom in the introduction of Structural Stability and Morphogenesis (1975). It differs from Thom’s program because there is no a priori idea of the mathematical framework which should be used. Indeed Thom considers only a restricted class of models (ordinary differential equations in low dimensional spaces) while we do not have any prejudice regarding which models should be accepted. One of the most interesting and surprising results obtained by studying complex systems is the possibility of classifying the configurations of the system taxonomically. It is well-known that a well founded taxonomy is possible only if the objects we want to classify have some unique properties, i.e. species may be introduced in an objective way only if it is impossible to go continuously from one specie to another; in a more mathematical language, we say that objects must have the property of ultrametricity. More precisely, it was discovered that there are conditions under which a class of complex systems may only exist in configurations that have the ultrametricity property and consequently they can be classified in a hierarchical way. Indeed, it has been found that only this ultrametricity property is shared by the near-optimal solutions of many optimization problems of complex functions, i.e. corrugated landscapes in Kauffman’s language. These results are derived from the study of spin glass model, but they have wider implications. It is possible that the kind of structures that arise in these cases is present in many other apparently unrelated problems. Before to go on with our considerations, we have to pick in mind two main complementary ideas about complexity. (i) According to the prevalent and usual point of view, the essence of complex systems lies in the emergence of complex structures from the non-linear interaction of many simple elements that obey simple rules. Typically, these rules consist of 0–1 alternatives selected in response to the input received, as in many prototypes like cellular automata, Boolean networks, spin systems, etc. Quite intricate patterns and structures can occur in such systems. However, what can be also said is that these are toy systems, and the systems occurring in reality rather consist of elements that individually are quite complex themselves. (ii) So, this bring a new aspect that seems essential and indispensable to the emergence and functioning of complex systems, namely the coordination of individual agents or elements that themselves are complex at their own scale of operation. This coordination dramatically reduces the degree of freedom of those participating agents. Even the constituents of molecules, i.e. the atoms, are rather complicated conglomerations of subatomic particles, perhaps ultimately excitations of patterns of superstrings. Genes, the elementary biochemical coding units, are very complex macromolecular strings, as are the metabolic units, the proteins. Neurons, the basic elements of cognitive networks, themselves are cells. In those mentioned and in other complex systems, it is an important feature that the potential complexity of the behaviour of the individual agents gets dramatically simplified through the global interactions within the system. The individual degrees of freedom are drastically reduced, or, in a more formal terminology, the factual space of the system is much smaller than the product of the state space of the individual elements. That is one key aspect. The other one is that on this basis, that is utilizing the coordination between the activities of its members, the system then becomes able to develop and express a coherent structure at a higher level, that is, an emergent behaviour (and emergent properties) that transcends what each element is individually capable of. (shrink)

After a short historical survey of philosophical views on property, the article contains an analysis of the argument which justifies property by referring to the universal respect due to anyone’s right to use any thing for any purpose. Usage 224 JOVAN BABIĆ SVOJINA ҄ FILOZOFSKA ANALIZA: ARGUMENT of things for the realization of set ends (or goals) is among the conditions of action/ agency. The capacity of freedom as a specific causal power in real world is dependent on the possibility (...) of using things as means. However, without a real prospect to finish the process of realization of set goals, this causal power would not be real. Property is a scheme within which this prospect becomes a real possibility. Property is thus a condition of effective successful purposeful agency. In property the normative position of all others, besides the owner, has been changed, as they do not have the right to use things possessed for their ends, although they have a right to use any non-possessed thing as a means for whichever end they might set. As a right, property entails, first, the obligation to respect the fact of any established possession, and, second, an obligation to accept and recognize the established possession as ownership, which does not depend on the fact of factual physical control of the property. Ownership is therefore a guarantee of future possession. For this to be established there is a need for an explicit recognition from all others; however this recognition is normatively necessary for everybody, as no-one has a right to withdraw the recognition of a legitimate right to property. This comes from the ontological and axiological difference between persons and things: persons have a right to use and possess unpossessed things as means for realization of ends they set. (shrink)

After a short historical survey of philosophical views on property, the article contains an analysis of the argument which justifies property by referring to the universal respect due to anyone’s right to use any thing for any purpose. Usage of things for the realization of set ends (or goals) is among the conditions of action/ agency. The capacity of freedom as a specific causal power in real world is dependent on the possibility of using things as means. However, without a (...) real prospect to finish the process of realization of set goals, this causal power would not be real. Property is a scheme within which this prospect becomes a real possibility. Property is thus a condition of effective successful purposeful agency. In property the normative position of all others, besides the owner, has been changed, as they do not have the right to use things possessed for their ends, although they have a right to use any non-possessed thing as a means for whichever end they might set. As a right, property entails, first, the obligation to respect the fact of any established possession, and, second, an obligation to accept and recognize the established possession as ownership, which does not depend on the fact of factual physical control of the property. Ownership is therefore a guarantee of future possession. For this to be established there is a need for an explicit recognition from all others; however this recognition is normatively necessary for everybody, as no-one has a right to withdraw the recognition of a legitimate right to property. This comes from the ontological and axiological difference between persons and things: persons have a right to use and possess unpossessed things as means for realization of ends they set. (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)

Quentin Smith argues that if God exists, He had a duty to ensure life's existence; and He couldn't rationally have done so and made a big bang unless a counter-factual like "If God had made a big bang, there would have been life," was true pre-creation. But such counter-factuals are not true pre-creation. I argue that God could have made a big bang without irrationality; and that He could have ensured life without making big bangs non-random. Further, a proper (...) understanding of the truth-conditions of counter-factuals like the one above lets them have determinate truth-values pre-creation. But the explanation of how the above counter-factual can be true pre-creation is more complicated than that offered by William Lane Craig. (shrink)

Reflections on free choice and determinism constitute a recurring, if rarified, sphere of legal reasoning. Controversy, of course, swirls around the perennially vexing question of the propriety of punishing human persons for conduct that they are unable to avoid. Drawing upon conditions similar, if not identical, to those traditionally associated with attribution of moral fault, persons subject to such necessitating causal constraints generally are not considered responsible in the requisite sense for their conduct; and, thus, they are not held culpable (...) for its consequences. The standard argument against free choice asserts that free choice cannot exist because determinism, as a property of laws governing the cosmos, excludes such a possibility. This contingent factual claim, however, has always proven problematic. Contemporary discussions - no doubt aware of this disputed factual premise - draw upon a more novel, and arguably more devastating critique: free will must be rejected because its very conception is incoherent. Rather than assuming the existence of determinism and attempting to show its incompatibility with free will, this argument begins with consideration of the idea of free choice and concludes that, if it is to have any sense at all, it must be compatible with determinism. Obviously, no single treatment of the free will problem could address all its nuances. This Article more modestly offers one possible approach to the question. Part I elaborates in more detail the view that the traditional conception of free choice is incoherent and, thus, inevitably undermines the very responsibility it is asserted to constitute; Part II considers the resulting effort to develop a model of human freedom compatible with determinism; and Part III, drawing upon the prior discussions, describes - in terms of classical action theory - a conception of free choice justifying personal moral and legal responsibility that avoids both the incoherence of "uncaused freedom" as well as the shortcomings of determinism. (shrink)

The evolution of human cognitive abilities, despite intensive sociological, psychoanalytic and neurobiological investigations, is poorly understood. The basic events of this evolution: progressive language development, technologization, increased learning aptitude, remain a field of speculations without coherent and consistent explanations. In the recent manuscript, a production of artefacts as a general pre-condition of human being is highlighted, and a key role they played by reshaping of neuro-physiological functions is factually substantiated. • • • -/- German Abstract: Die Evolution menschlicher kognitiver Fähigkeiten (...) ist, trotz vielseitiger Untersuchungensmethoden, bislang kaum verstanden. Die grundsätzlichen Ereignisse dieser Evolution: fortschreitende Sprachentwicklung, Intellektualisierung, Technisierung, Bildung großer Gemeinschaften, werden spekulativ, ohne zusammenhängende und schlüssige Erklärung, diskutiert. In aktuellem Manuskript wird die allgemeine Voraussetzung menschlicher Existenz, die Artefaktenherstellung, hervorgehoben, um auf ihre Schlüsselrolle bei der Neuformung neuro-physiologischer Funktionen hinzuweisen. Im Weiteren werden die Gefahren erörtert, die entstehen, wenn der Schöpfer die Kontrolle über sich selbst verliert, und im Züge der Technisierung und Verwissenschaftlichung die Grundlagen eigener Existenz zerstört. • • • -/- Russian Abstract: Происхождение рассудочной деятельности у вида Homo sapiens, несмотря на интенсивные социологические, психологические, нейробиологические и прочие методы изучения, до сих пор мало понято. Основные события эволюции человека: прогрессивное развитие речевой деятельности, технологизация, повышенная способность к обучению, остаются областью бессвязных спекуляций. В данной работе освящается значение производства артефактов как условие возникновения человека, и доказывается роль, которую артефакты играют в процессе новообразования нейро–физиологических функций. (shrink)

The Kripke/Wittgenstein paradox and Goodman’s riddle of induction can be construed as problems of multiple redescription, where the relevant sceptical challenge is to provide factual grounds justifying the description we favour. A choice of description or predicate, in turn, is tantamount to the choice of a curve over a set of data, a choice apparently governed by implicitly operating constraints on the relevant space of possibilities. Armed with this analysis of the two paradoxes, several realist solutions of Kripke’s paradox (...) are examined that appeal to dispositions or other non-occurrent properties. It is found that all neglect crucial epistemological issues: the entities typically appealed to are not observational and must be inferred on the basis of observed entities or events; yet, the relevant sceptical challenge concerns precisely the factual basis on which this inference is made and the constraints operating on it. All disposition ascriptions, the thesis goes on to argue, contain elements of idealization. To ward off the danger of vacuity resulting from the fact that any disposition ascription is true under just the right ideal conditions, dispositional theories need to specify limits on legitimate forms of idealization. This is best done by construing disposition ascriptions as forms of (implicit) curve-fitting, I argue, where the “data” is not necessarily numeric, and the “curve” fitted not necessarily graphic. This brings us full circle: Goodman’s and Kripke’s problems are problems concerning curve-fitting, and the solutions for it appeal to entities the postulation of which is the result of curve-fitting. The way to break the circle must come from a methodology governing the idealizations, or inferences to the best idealization, that are a part of curve-fitting. The thesis closes with an argument for why natural science cannot be expected to be of much help in this domain, given the ubiquity of idealization. (shrink)

This dissertation offers a proof of the logical possibility of testing empirical/factual theories that are inconsistent, but non-trivial. In particular, I discuss whether or not such theories can satisfy Popper's principle of falsifiablility. An inconsistent theory Ƭ closed under a classical consequence relation implies every statement of its language because in classical logic the inconsistency and triviality are coextensive. A theory Ƭ is consistent iff there is not a α such that Ƭ ⊢ α ∧ ¬α, otherwise it is (...) inconsistent. We say, instead, that Ƭ is non-trivial iff there is at least one α such that Ƭ ⊢ α, otherwise we say that it trivial. This happens because classical logic satisfies the principle of explosion, according ex contradictione sequitur quodlibet (from a contradiction anything follows). Under these conditions inconsistent classical theories would be compatible with any well-formed formula, which makes them useless for science. There are, however, so-called paraconsistent logics in which the principle of explosion does not generally hold and in which a theory can be (simply) inconsistent, but also absolutely consistent. It is in this logical framework that we can prove that some inconsistent theories can be falsifiable. (shrink)

Some years ago I reached the point where I can usually tell from the title of a book, or at least from the chapter titles, what kinds of philosophical mistakes will be made and how frequently. In the case of nominally scientific works these may be largely restricted to certain chapters which wax philosophical or try to draw general conclusions about the meaning or long term significance of the work. Normally however the scientific matters of fact are generously interlarded with (...) philosophical gibberish as to what these facts mean. The clear distinctions which Wittgenstein described some 80 years ago between scientific matters and their descriptions by various language games are rarely taken into consideration, and so one is alternately wowed by the science and dismayed by its incoherent analysis. So it is with this volume. -/- If one is to create a mind more or less like ours, one needs to have a logical structure for rationality and an understanding of the two systems of thought (dual process theory). If one is to philosophize about this, one needs to understand the distinction between scientific issues of fact and the philosophical issue of how language works in the context at issue, and of how to avoid the pitfalls of reductionism and scientism, but Kurzweil, like nearly all students of behavior, is largely clueless. He, is enchanted by models, theories, and concepts, and the urge to explain, while Wittgenstein showed us that we only need to describe, and that theories, concepts etc., are just ways of using language (language games) which have value only insofar as they have a clear test (clear truthmakers, or as John Searle (AI’s most famous critic) likes to say, clear Conditions of Satisfaction (COS)). I have attempted to provide a start on this in my recent writings, such as The Logical Structure of Consciousness (behavior, personality, rationality, higher order thought, intentionality) (2016) and The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in the Writings of Ludwig Wittgenstein and John Searle (2016). Those interested in all my writings in their most recent versions may consult my e-book Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2016 662p (2016). I will give a very brief presentation of this framework since I have described it in great detail in many recent papers and several books, available on this site and others. -/- Also, as usual in ‘factual’ accounts of AI/robotics, he gives no time to the very real threats to our privacy, safety and even survival from the increasing ‘androidizing’ of society which is prominent in other authors (Bostrum, Hawking etc.) and frequent in scifi and films, so I make a few comments on the quite possibly suicidal utopian delusions of ‘nice’ androids, humanoids, democracy, diversity, and genetic engineering. -/- I take it for granted that technical advances in electronics, robotics and AI will occur, resulting in profound changes in society. However, I think the changes coming from genetic engineering are at least as great and potentially far greater, as they will enable us to utterly change who we are. And it will be feasible to make supersmart/super strong servants by modifying our genes or those of other monkeys. As with other technology, any country that resists will be left behind. But will it be socially and economically feasible to implement biobots or superhumans on a massive scale? And even if so, it does not seem remotely possible, economically or socially to prevent the collapse of industrial civilization. So, ignoring the philosophical mistakes in this volume as irrelevant, and directing our attention only to the science, what we have here is another suicidal utopian delusion rooted in a failure to grasp basic biology, psychology and human ecology, the same delusions that are destroying America and the world. I see a remote possibility the world can be saved, but not by AI/robotics,CRISPR, nor by democracy and equality. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle’ 2nd ed (2019). Those interested in more of my writings may see ‘Talking Monkeys--Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet--Articles and Reviews 2006-2019 3rd ed (2019), The Logical Structure of Human Behavior (2019), and Suicidal Utopian Delusions in the 21st Century 4th ed (2019). (shrink)

This book explores a universal question of human social order: Under what circumstances and to what extent is the individual to be held morally responsible for collective events? This question reaches far beyond the intentions and actions of a particular business enterprise, state or a similar large-scale collective. The philosopher Wolfgang Sohst (Berlin, Germany) investigates the subject with unprecedented thoroughness, covering the whole range of contemporary discussion on this subject. He provides a detailed analysis of the functions of individual members (...) in such a collective, the structural prerequisites for them to be held responsible for acts which they have not directly committed themselves and the transmission of responsibility even to successor generations of the perpetrators collective. -/- Table of contents: -/- Introduction 1 Actors and Moral Action 1.1 On the concepts of actors and action 1.2 The simultaneous emergence of actor and action 1.3 The difference between a unit of event and a unit of action 1.4 The difference between legal and moral responsible action -/- 2 The Continuum Between Individual and Corporate Actor 2.1 The relationship between a single human actor and a corporate actor 2.1.1 The primary responsibility of the individual actor and the ontological status of the collective 2.1.2 Additional arguments for putting collective responsibility onto the individual actor 2.2 The levels within structural consolidation 2.3 A different schematic view: Community, Society, State 2.4 Direct vs. organized sociality 2.5 Conflicts of application in assigning collective responsibility -/- 3 Individual and Collective Actions 3.1 A better form of social reductionism 3.2 Corporate bodies as a bundle of agency relationships 3.3 The horizon of view for collective social phenomena -/- 4 The Corporate Entity as a Moral Subject 4.1 Are corporate actors also morally responsible? 4.2 Corporate bodies as norm subjects -/- 5 Possible criteria for the moral qualification of collective action 5.1 Membership in a group 5.2 Success of an action 5.3 Shared intentionality or purpose, common interests and common consciousness 5.4 Social relationships between actors as a condition of collective action 5.5 Subjective and factual feelings of collective responsibility 5.6 The community of shared values 5.7 Social identity 5.8 Origin and ethnic belonging 5.9 No equality in injustice -/- 6 Norm-based and Purpose-oriented Organization 6.1 No collective responsibility without inner organization 6.2 Collective shame as an indication of collective responsibility 6.3 Individual responsibility for collective norms 6.4 The collective organization as an independent unit of purpose for the collective 6.4.1 The actualistic perspective 6.4.2 Structural persistence 6.4.3 Possible counter-examples of structural persistence 6.5 The other side of collective responsibility 6.6 Interim Result -/- 7 Moral Responsibility of the Individual from an International Perspective -/- 8 Social Norms and Our Responsibility for their Fulfillment 8.1 Norm dimensions 8.2 The overarching importance of norm ranking in assigning collective moral responsibility 8.3 Private and public norms 8.4 Subjective ‘ought’ and personal responsibility 8.5 The obligation to morally acceptable and coherent behavior -/- 9 The Difference between Culpability and Responsibility 10 The Temporal Horizon of Collective Moral Responsibility Index Bibliography. (shrink)

A central assumption in much contemporary scholarship is that a central shift has taken place over the course of the last four decades: a shift from a world largely centered on public authority to a world that is increasingly dominated by private authority. The central expression of this shift is seen to be a concurring move from public to private law and thus from legislation to contract as the central legal instrument structuring economic as well as other social processes. While (...) developments in this direction can certainly be observed, this article provides a more nuanced perspective. Outlining a long-term historical perspective, this article reconstructs the manifold and volatile dynamic between institutionalized forms of public and private authority. It does soon the basis of the argument that, in the course of this evolutionary process, the very function and meaning of both public and private authority has been fundamentally altered. This alteration implies the transformation of both dimensions into functionally limited and more specific phenomena. With this background, it becomes possible to argue that societal evolution is characterized by a dual expansion of both public and private forms of authority. The starting point is an understanding of authority as condensed power. Asymmetric relations implying either direct or indirect forms of domination are observable throughout society and are as such an intrinsic element of all social relations and processes. Authority is, however, based on a particular institutionalization of power, typically delineated and condensed with the help of legal instruments. Under radical modern conditions, law becomes constitutive for authority to the extent that one might argue that no form of authority exists outside its legal form. With this background, the article argues that the pre-1945 world at the local, national, and transnational level of world society was characterized by a relative dominance of private forms of authority. The process leading to state-based modern public law gaining not only a formal but also a factual capacity to structure societal processes was a century-long process: a process which implied an epic struggle aimed at undermining and eradicating alternative centers of public and private authority in society. It was, however, a first in the mid-twentieth century that an outright breakthrough of this claim and aspiration could be observed. The implied a respecification of public and private authority that remains central to our understanding of authority to this day. (shrink)

(draft; call for comments) The normative judgements are grounded in intrinsic features of believing or intending and surely they are an irremovable element in constitutive aims of believing or intending. Many philosophers have claimed that the intentional is normative (this claim is the analogue, within the philosophy of mind, of the claim that is often made within the philosophy of language, that meaning is normative). The normative judgements are grounded in intrinsic features of the intentional states of the human mind. (...) Our intentional states are always correlated with our dispositions; when I refer to our ?dispositions? here, I do not mean to focus exclusively on our behavioural dispositions; I mean to include our mental dispositions as well, such as our dispositions to revise our beliefs and intentions in response to various conditions. We can hold that the normative nature of our judgement is intrinsic with our rational dispositions: the rational dispositions of our mind have essential normative properties, even if we must not identify mental properties with their normative role in mental activity.In this contest I deal with the concepts of factual ultimate aim and normative ultimate aim. (shrink)

This is a thesis in support of the conceptual yoking of analytic truth to a priori knowledge. My approach is a semantic one; the primary subject matter throughout the thesis is linguistic objects, such as propositions or sentences. I evaluate arguments, and also forward my own, about how such linguistic objects’ truth is determined, how their meaning is fixed and how we, respectively, know the conditions under which their truth and meaning are obtained. The strategy is to make explicit what (...) is distinctive about analytic truths. The objective is to show that truths, known a priori, are trivial in a highly circumscribed way. My arguments are premised on a language-relative account of analytic truth. The language relative account which underwrites much of what I do has two central tenets: 1. Conventionalism about truth and, 2. Non-factualism about meaning. I argue that one decisive way of establishing conventionalism and non-factualism is to prioritise epistemological questions. Once it is established that some truths are not known empirically an account of truth must follow which precludes factual truths being known non-empirically. The function of Part 1 is, chiefly, to render Carnap’s language-relative account of analytic truth. I do not offer arguments in support of Carnap at this stage, but throughout Parts 2 and 3, by looking at more current literature on a priori knowledge and analytic truth, it becomes quickly evident that I take Carnap to be correct, and why. In order to illustrate the extent to which Carnap’s account is conventionalist and non-factualist I pose his arguments against those of his predecessors, Kant and Frege. Part 1 is a lightly retrospective background to the concepts of ‘analytic’ and ‘a priori’. The strategy therein is more mercenary than exegetical: I select the parts from Kant and Frege most relevant to Carnap’s eventual reaction to them. Hereby I give the reasons why Carnap foregoes a factual and objective basis for logical truth. The upshot of this is an account of analytic truth (i.e. logical truth, to him) which ensures its trivial nature. In opposition to accounts of a priori knowledge, which describe it as knowledge gained from rational apprehension, I argue that it is either knowledge from logical deduction or knowledge of stipulations. I therefore reject, in Part 2, three epistemologies for knowing linguistic conventions (e.g. implicit definitions): 1. intuition, 2. inferential a priori knowledge and, 3. a posteriori knowledge. At base, all three epistemologies are rejected because they are incompatible with conventionalism and non-factualism. I argue this point by signalling that such accounts of knowledge yield unsubstantiated second-order claims and/or they render the relevant linguistic conventions epistemically arrogant. For a convention to be arrogant it must be stipulated to be true. The stipulation is then considered arrogant when its meaning cannot be fixed, and its truth cannot be determined without empirical ‘work’. Once a working explication of ‘a priori’ has been given, partially in Part 1 (as inferential) and then in Part 2 (as non-inferential) I look, in Part 3, at an apriorist account of analytic truth, which, I argue, renders analytic truth non-trivial. The particular subject matter here is the implicit definitions of logical terms. The opposition’s argument holds that logical truths are known a priori (this is part of their identification criteria) and that their meaning is factually based. From here it follows that analytic truth, being determined by factually based meaning, is also factual. I oppose these arguments by exposing the internal inconsistencies; that implicit definition is premised on the arbitrary stipulation of truth which is inconsistent with saying that there are facts which determine the same truth. In doing so, I endorse the standard irrealist position about implicit definition and analytic truth (along with the “early friends of implicit definition” such as Wittgenstein and Carnap). What is it that I am trying to get at by doing all of the abovementioned? Here is a very abstracted explanation. The unmitigated realism of the rationalists of old, e.g. Plato, Descartes, Kant, have stoically borne the brunt of the allegation of yielding ‘synthetic a priori’ claims. The anti-rationalist phase of this accusation I am most interested in is that forwarded by the semantically driven empiricism of the early 20th century. It is here that the charge of the ‘synthetic a priori’ really takes hold. Since then new methods and accusatory terms are employed by, chiefly, non-realist positions. I plan to give these proper attention in due course. However, it seems to me that the reframing of the debate in these new terms has also created the illusion that current philosophical realism, whether naturalistic realism, realism in science, realism in logic and mathematics, is somehow not guilty of the same epistemological and semantic charges levelled against Plato, Descartes and Kant. It is of interest to me that in, particularly, current analytic philosophy1 (given its rationale) realism in many areas seems to escape the accusation of yielding synthetic priori claims. Yet yielding synthetic a priori claims is something which realism so easily falls prey to. Perhaps this is a function of the fact that the phrase, ‘synthetic a priori’, used as an allegation, is now outmoded. This thesis is nothing other than an indictment of metaphysics, or speculative philosophy (this being the crime), brought against a specific selection of realist arguments. I, therefore, ask of my reader to see my explicit, and perhaps outmoded, charge of the ‘synthetic a priori’ levelled against respective theorists as an attempt to draw a direct comparison with the speculative metaphysics so many analytic philosophers now love to hate. I think the phrase ‘synthetic a priori’ still does a lot of work in this regard, precisely because so many current theorists wrongly think they are immune to this charge. Consequently, I shall say much about what is not permitted. Such is, I suppose, the nature of arguing ‘against’ something. I’ll argue that it is not permitted to be a factualist about logical principles and say that they are known a priori. I’ll argue that it is not permitted to say linguistic conventions are a posteriori, when there is a complete failure in locating such a posteriori conventions. Both such philosophical claims are candidates for the synthetic a priori, for unmitigated rationalism. But on the positive side, we now have these two assets: Firstly, I do not ask us to abandon any of the linguistic practises discussed; merely to adopt the correct attitude towards them. For instance, where we use the laws of logic, let us remember that there are no known/knowable facts about logic. These laws are therefore, to the best of our knowledge, conventions not dissimilar to the rules of a game. And, secondly, once we pass sentence on knowing, a priori, anything but trivial truths we shall have at our disposal the sharpest of philosophical tools. A tool which can only proffer a better brand of empiricism. (shrink)

This paper explains a fallacy that often arises in theorizing about human minds. I call it the Factual Belief Fallacy. The Fallacy, roughly, involves drawing conclusions about human psychology that improperly ignore the large backgrounds of mostly accurate factual beliefs people have. The Factual Belief Fallacy has led to significant mistakes in both philosophy of mind and cognitive science of religion. Avoiding it helps us better see the difference between factual belief and religious credence; seeing that (...) difference in turn enables us to pose interesting normative questions about various mental states labeled “belief.”. (shrink)

I argue that psychology and epistemology should posit distinct cognitive attitudes of religious credence and factual belief, which have different etiologies and different cognitive and behavioral effects. I support this claim by presenting a range of empirical evidence that religious cognitive attitudes tend to lack properties characteristic of factual belief, just as attitudes like hypothesis, fictional imagining, and assumption for the sake of argument generally lack such properties. Furthermore, religious credences have distinctive properties of their own. To summarize: (...) factual beliefs are practical setting independent, cognitively govern other attitudes, and are evidentially vulnerable. By way of contrast, religious credences have perceived normative orientation, are susceptible to free elaboration, and are vulnerable to special authority. This theory provides a framework for future research in the epistemology and psychology of religious credence. (shrink)

Within debates concerning responsibility for ignorance the distinction between moral and factual ignorance is often treated as crucial. Many prominent accounts hold that while factual ignorance routinely exculpates, moral ignorance never does so. The view that there is an in-principle distinction between moral and factual ignorance has been referred to as the “Asymmetry Thesis.” This view stands in opposition to the “Parity Thesis,” which holds that moral and factual ignorance are in-principle similar. The Parity Thesis has (...) been closely aligned with volitionist accounts of moral responsibility, whereas the Asymmetry Thesis has been closely aligned with Quality of Will accounts. Two central questions are at work here: how ignorance excuses, and whether it excuses in the same way for both moral and factual ignorance. I will argue that these questions have often been confused in the present debate, and once we have distinguished more clearly between them, it seems that Quality of Will accounts are compatible with the Parity Thesis. And more generally: that the distinction between moral and factual ignorance is far less important in debates about responsibility for ignorance than it has often appeared. (shrink)

The major research universities in the United States had been investigated for the doctoral ranking of 2022 College Factual. The investigation had been performed as best as possible for the accuracy of data, but never be perfect nor exhaustive about the search terms. Suggestion and advice are truly welcome (Kiyoung Kim, Professor of Law and Public Policy, College of Law and Social Studies, Chosun University, Gwang-ju, South Korea). I plan that the data would be used for the next research (...) publication. (shrink)

The major research universities in the United States had been investigated for the doctoral ranking of 2022 College Factual. The investigation had been performed as best as possible for the accuracy of data, but never be perfect nor exhaustive. Suggestion and advice are truly welcome (Kiyoung Kim, Professor of Law and Public Policy, College of Law and Social Studies, Chosun University, Gwang-ju, South Korea. I plan that the data would be used for the next research publication. The institutions had (...) been ordered alphabetically. (shrink)

We propose a new account of indicative conditionals, giving acceptability and logical closure conditions for them. We start from Adams’ Thesis: the claim that the acceptability of a simple indicative equals the corresponding conditional probability. The Thesis is widely endorsed, but arguably false and refuted by empirical research. To fix it, we submit, we need a relevance constraint: we accept a simple conditional 'If φ, then ψ' to the extent that (i) the conditional probability p(ψ|φ) is high, provided that (...) (ii) φ is relevant for ψ. How (i) should work is well-understood. It is (ii) that holds the key to improve our understanding of conditionals. Our account has (i) a probabilistic component, using Popper functions; (ii) a relevance component, given via an algebraic structure of topics or subject matters. We present a probabilistic logic for simple indicatives, and argue that its (in)validities are both theoretically desirable and in line with empirical results on how people reason with conditionals. (shrink)

This paper extends Kripke’s theory of truth to a language with a variably strict conditional operator, of the kind that Stalnaker and others have used to represent ordinary indicative conditionals of English. It then shows how to combine this with a different and independently motivated conditional operator, to get a substantial logic of restricted quantification within naive truth theory.

In this paper, I will discuss the various ways in which intentions can be said to be conditional, with particular attention to the internal conditions on the intentions’ content. I will first consider what it takes to carry out a conditional intention. I will then discuss how the distinctive norms of intention apply to conditional intentions and whether conditional intentions are a weaker sort of commitments than the unconditional ones. This discussion will lead to the idea of what I call (...) the ‘deep structure’ of intentions. Roughly, this is the idea that the conditional nature of our intentions is only partially made explicit in the expressions we use to communicate our intentions and in the explicit form of our thinking about and reasoning with them. Most conditions that qualify our intentions are part of a deep functional structure that can be evinced by observing the actual psychological functioning of intentions and by considering the rational requirements that they engage. I will argue that the deep structure of intentions is characteristically conditional. Genuinely unconditional intentions are only limiting instances of conditional intentions and their contribution to agency can only be understood in light of this fact. I will conclude by showing that the characteristic conditional structure of intentions is intimately related to distinctive features of human agency, especially to its unity over time. (shrink)

Why are conditional degrees of belief in an observation E, given a statistical hypothesis H, aligned with the objective probabilities expressed by H? After showing that standard replies are not satisfactory, I develop a suppositional analysis of conditional degree of belief, transferring Ramsey’s classical proposal to statistical inference. The analysis saves the alignment, explains the role of chance-credence coordination, and rebuts the charge of arbitrary assessment of evidence in Bayesian inference. Finally, I explore the implications of this analysis for Bayesian (...) reasoning with idealized models in science. (shrink)

Recent studies indicate that indicative conditionals like "If people wear masks, the spread of Covid-19 will be diminished" require a probabilistic dependency between their antecedents and consequents to be acceptable (Skovgaard-Olsen et al., 2016). But it is easy to make the slip from this claim to the thesis that indicative conditionals are acceptable only if this probabilistic dependency results from a causal relation between antecedent and consequent. According to Pearl (2009), understanding a causal relation involves multiple, hierarchically organized (...) conceptual dimensions: prediction, intervention, and counterfactual dependence. In a series of experiments, we test the hypothesis that these conceptual dimensions are differentially encoded in indicative and counterfactual conditionals. If this hypothesis holds, then there are limits as to how much of a causal relation is captured by indicative conditionals alone. Our results show that the acceptance of indicative and counterfactual conditionals can become dissociated. Furthermore, it is found that the acceptance of both is needed for accepting a causal relation between two co-occurring events. The implications that these findings have for the hypothesis above, and for recent debates at the intersection of the psychology of reasoning and causal judgment, are critically discussed. Our findings are consistent with viewing indicative conditionals as answering predictive queries requiring evidential relevance (even in the absence of direct causal relations). Counterfactual conditionals in contrast target causal relevance, specifically. Finally, we discuss the implications our results have for the yet unsolved question of how reasoners succeed in constructing causal models from verbal descriptions. (shrink)

This paper investigates whether 'even if A, B' is pragmatically polysemic, so that a nonconcessive conditional may have 'even if', and whether concessive conditionals, pragmatically defined, can fail to have 'even if' or a non-temporal 'still'. Different paraphrases are used to help elucidate pragmatic meanings. A theory of the pragmatic meanings of concessive and implicative conditionals is presented. The semantic meaning of 'even if' and the question of whether concessive conditionals imply the truth of their consequents are (...) also discussed. (shrink)

In this paper we consider conditional random quantities (c.r.q.’s) in the setting of coherence. Based on betting scheme, a c.r.q. X|H is not looked at as a restriction but, in a more extended way, as \({XH + \mathbb{P}(X|H)H^c}\) ; in particular (the indicator of) a conditional event E|H is looked at as EH + P(E|H)H c . This extended notion of c.r.q. allows algebraic developments among c.r.q.’s even if the conditioning events are different; then, for instance, we can give a (...) meaning to the sum X|H + Y|K and we can define the iterated c.r.q. (X|H)|K. We analyze the conjunction of two conditional events, introduced by the authors in a recent work, in the setting of coherence. We show that the conjoined conditional is a conditional random quantity, which may be a conditional event when there are logical dependencies. Moreover, we introduce the negation of the conjunction and by applying De Morgan’s Law we obtain the disjoined conditional. Finally, we give the lower and upper bounds for the conjunction and disjunction of two conditional events, by showing that the usual probabilistic properties continue to hold. (shrink)

We argue that distinct conditionals—conditionals that are governed by different logics—are needed to formalize the rules of Truth Introduction and Truth Elimination. We show that revision theory, when enriched with the new conditionals, yields an attractive theory of truth. We go on to compare this theory with one recently proposed by Hartry Field.

I argue that taking the Practical Conditionals Thesis seriously demands a new understanding of the semantics of such conditionals. Practical Conditionals Thesis: A practical conditional [if A][ought] expresses B’s conditional preferability given A Paul Weirich has argued that the conditional utility of a state of affairs B on A is to be identified as the degree to which it is desired under indicative supposition that A. Similarly, exploiting the PCT, I will argue that the proper analysis of (...) indicative practical conditionals is in terms of what is planned, desired, or preferred, given suppositional changes to an agent’s information. Implementing such a conception of conditional preference in a semantic analysis of indicative practical conditionals turns out to be incompatible with any approach which treats the indicative conditional as expressing non-vacuous universal quantification over some domain of relevant antecedent-possibilities. Such analyses, I argue, encode a fundamental misunderstanding of what it is to be best, given some condition. The analysis that does the best vis-à-vis the PCT is, instead, one that blends a Context-Shifty account of indicative antecedents with an Expressivistic, or non-propositional, treatment of their practical consequents. (shrink)

Modus ponens is the argument from premises of the form If A, then B and A to the conclusion B. Nearly all participants agree that the modus ponens conclusion logically follows when the argument appears in this Basic form. However, adding a further premise can lower participants’ rate of agreement—an effect called suppression. We propose a theory of suppression that draws on contemporary ideas about conditional sentences in linguistics and philosophy. Semantically, the theory assumes that people interpret an indicative conditional (...) as a context-sensitive strict conditional: true if and only if its consequent is true in each of a contextually determined set of situations in which its antecedent is true. Pragmatically, the theory claims that context changes in response to new assertions, including new conditional premises. Thus, the conclusion of a modus ponens argument may no longer be accepted in the changed context. Psychologically, the theory describes people as capable of reasoning about broad classes of possible situations, ordered by typicality, without having to reason about individual possible worlds. The theory accounts for the main suppression phenomena, and it generates some novel predictions that new experiments confirm. (shrink)

The purpose of this paper is to present a general mechanistic framework for analyzing causal representational claims, and offer a way to distinguish genuinely representational explanations from those that invoke representations for honorific purposes. It is usually agreed that rats are capable of navigation because they maintain a cognitive map of their environment. Exactly how and why their neural states give rise to mental representations is a matter of an ongoing debate. I will show that anticipatory mechanisms involved in rats’ (...) evaluation of possible routes give rise to satisfaction conditions of contents, and this is why they are representationally relevant for explaining and predicting rats’ behavior. I argue that a naturalistic account of satisfaction conditions of contents answers the most important objections of antirepresentationalists. (shrink)

Philosophy and Phenomenological Research, EarlyView.

Williamson proposes that a "suppositional procedure" is a central heuristic we use to evaluate the truth of conditionals, though he also argues that this method often leads us astray. An alternative approach to the link between supposition and conditionals is to claim that we are guided by our antecedent conditional judgements in our supposing, and in particular in our determining which things follow from an initial supposition. This alternative explanation of the close link between conditionals and supposition (...) is developed and compared to Williamson's proposal. (shrink)

This paper is about two controversial inference-patterns involving counterfactual or subjunctive conditionals. Given a plausible assumption about the truth-conditions of counterfactuals, it is shown that one can’t go wrong in applying hypothetical syllogism (i.e. transitivity) so long as the set of worlds relevant for the conclusion is a subset of the sets of worlds relevant for the premises. It is also shown that one can't go wrong in applying antecedent strengthening so long as the set of worlds relevant for (...) the conclusion is a subset of that for the premise. These results are then adapted to Lewis’s theory of counterfactuals. (shrink)