Legal decisions and theories are frequently condemned as formalistic, yet little discussion has occurred regarding exactly what the term "'formalism" means. In this Article, Professor Schauer examines divergent uses of the term to elucidate its descriptive content. Conceptions offormalism, he argues, involve the notion that rules constrict the choice of the decisionmaker. Our aversion to formalism stems from denial that the language of rules either can or should constrict choice in this way. Yet Professor Schauer argues that this (...) aversion to formalism should be rethought: At times language both can and should restrict decisionmakers. Consequently, the term "'formalistic" should not be used as a blanket condemnation of a decisionmaking process; instead the debate regarding decision according to rules should be confronted on its own terms. (shrink)
This essay presents the Aestheticism of the 19th century as the foundational movement of modernist-formalist aesthetics of the 20th century. The main principle of this movement is what I denominate “productive opacity”. Aestheticism has not been recognized as a philosophical aesthetic theory. However, its definition of artwork as an exclusive kind of form—a deep, opaque form—is among the most precise ever given in the discipline. This essay offers an interpretation of aestheticism as a formalist theory, referred to here as “deep (...)formalism”, focusing on the thinking of leading aestheticists, Walter Pater, Oscar Wilde, and James Whistler. These three thinkers defined artwork as a form saturated with an inextricable content, viz. opaque form. (shrink)
Frege says, at the end of a discussion of formalism in the Foundations of Arithmetic, that his own foundational program “could be called formal” but is “completely different” from the view he has just criticized. This essay examines Frege’s relationship to Hermann Hankel, his main formalist interlocutor in the Foundations, in order to make sense of these claims. The investigation reveals a surprising result: Frege’s foundational program actually has quite a lot in common with Hankel’s. This undercuts Frege’s claim (...) that his own view is completely different from Hankel’s formalism, and motivates a closer examination of where the differences lie. On the interpretation offered here, Frege shares important parts of the formalist perspective, but differs in recognizing a kind of content for arithmetical terms which can only be made available via proof from prior postulates. (shrink)
Moderate formalism is the view that all artworks which have aesthetic properties have formal aesthetic properties, and some but not all of those works also have non-formal aesthetic properties. Nick Zangwill develops this view in his Metaphysics of Beauty after having argued against its alternatives – extreme formalism and anti-formalism. This article reviews his arguments against the rivals of moderate formalism, and argues that the rejection of anti-formalism is unjustified. Zangwill does not succeed in proving (...) that the broadly determined (context-determined) properties of artworks are in some cases irrelevant to their aesthetic properties – and following that, interpretation and assessment. A historical argument presented here shows how aesthetic properties of every work must partly supervene on this work’s contextual properties. In particular, this disproves Zangwill’s claim that epistemological matters are unessential in determining the artwork’s properties, and exposes some problems his account has with explaining relations between nonaesthetic and aesthetic properties. (shrink)
It seems necessary to introduce the basic concepts used in this article i.e. formalism, anti-formalism and moderate formalism. Formalists believe that the aesthetic appreciation of an art work generally involves an attentive awareness of its sensory or conceptual qualities and does not require knowledge about its non-perceptual properties. Anti-formalists on the hand hold that noon of the aesthetic properties in the work of art are formal. A number of philosophers have recently advocated a more moderate formalism. (...) According to this view although not all aesthetic properties are formal, many are, and some artworks possess only formal aesthetic qualities. The quarrel among these three rival views concerns what sort of knowledge, if any, is required for appropriate aesthetic appreciation of an art work. In what follows, we will give a brief exposition of these three view points. Subsequently we will give our preferred position with regard to these views. (shrink)
This article defends a formalist interpretation of Wittgenstein’s later thought on music by comparing it with Eduard Hanslick’s musical formalism. In doing so, it returns to a disagreement I have had with Bela Szabados who, in his book Wittgenstein as a Philosophical Tone-Poet, claims that the attribution of formalism obscures the role that music played in the development of Wittgenstein’s thought. The paper scrutinizes the four arguments Szabados presents to defend his claim, pertaining to alleged differences between Wittgenstein (...) and Hanslick on their accounts of theory, beauty, rules, and the broader significance of music. I will argue that in each case the similarities between Wittgenstein’s and Hanslick’s respective views outshine possible differences. Ultimately, I will argue that instead of rendering music a marginal phenomenon suited for mere entertainment, formalism –as presented by Hanslick and Wittgenstein, whom I read as influenced by Kant’s aesthetics– underscores music’s ability to show fundamental features of reality and our relation to it. Music does this precisely by being treated as a sensuous yet structured medium that is irreducible to any conceptually determined domain. (shrink)
We present an alternative to the Copenhagen interpretation of the formalism of nonrelativistic quantum mechanics. The basic difference is that the new inter- pretation is formulated in the language of epistemological realism. It involves a change in some basic physical concepts. Elementary particles are considered as extended objects and nonlocal effects are included. The role of the new concepts in the problems of measurement and of the Einstein-Podolsky-Rosen correlations is described. Experiments to distinguish the proposed interpretation from the Copenhagen (...) one are pointed out. (shrink)
This paper represents a philosophical experiment inspired by the formalist philosophy of mathematics. In the formalist picture of cognition, the principal act of knowledge generation is represented as tentative postulation – as introduction of a new knowledge construct followed by exploration of the consequences that can be derived from it. Depending on the result, the new construct may be accepted as normative, rejected, modified etc. Languages and means of reasoning are generated and selected in a similar process. In the formalist (...) picture, all kinds of “truth” are detected intra-theoretically. Some knowledge construct may be considered as “true”, if it is accepted in a particular normative knowledge system. Some knowledge construct may be considered as persistently true, if it remains invariant during the evolution of some knowledge system for a sufficiently long time. And, if you wish, you may consider some knowledge construct as absolutely true, if you do not intend abandoning it in your knowledge system. And finally, in the formalist picture, all kinds of ontologies generated by humans can be demystified by reconstructing them within the basic solipsist ontology simply as hypothetical branches of it. (shrink)
The paper deals with the formalistic view on music presented in Eduard Hanslick’s treatise On the Musically Beautiful, which is taken to be the foundingwork of the aesthtetics of music. In the paper I propose an interpretation of Hanslick’s treatise which differs on many points from the interpretations displayed in the works of several most influential contemporary aestheticians of music. My main thesis is that Hanslick’s treatise is misunderstood and incorrectly presented by these authors. I try to demonstrate this thesis (...) by referring to Hanslick’s original formulations in the German edition and by showing that my interpretation renders Hanslick’s view far more coherent and his arguments successful in showing his main conclusions. Accepting this alternative interpretation should have further implications on many contemporary theories in the aesthetics of music that reckon on the failure of Hanslick’s arguments as presented by usual interpretations. (shrink)
I identify two mutually exclusive notions of formalism in Kant’s Critique of Aesthetic Judgement: a thin concept of aesthetic formalism and a thick concept of aesthetic formalism. Arguably there is textual support for both concepts in Kant’s third critique. I offer interpretations of three key elements in the Critique of Aesthetic Judgement which support a thick formalism. The three key elements are: Harmony of the Faculties, Aesthetic Ideas and Sensus Communis. I interpret these concepts in relation (...) to the conditions for theoretical Reason, the conditions for moral motivation and the conditions for intersubjectivity, respectively. I conclude that there is no support for a thin concept of aesthetic formalism when the key elements of Kant’s Critique of Aesthetic Judgement are understood in the context of his broader critical aims. (shrink)
The formalist philosophy of mathematics (in its purest, most extreme version) is widely regarded as a “discredited position”. This pure and extreme version of formalism is called by some authors “game formalism”, because it is alleged to represent mathematics as a meaningless game with strings of symbols. Nevertheless, I would like to draw attention to some arguments in favour of game formalism as an appropriate philosophy of real mathematics. For the most part, these arguments have not yet (...) been used or were neglected in past discussions. (shrink)
Right after the elaboration and success of general relativity (GR), alternative theories for gravity began to appear. In order to verify and classify all these theories, specific tests have been developed, based on self-consistency and on completeness. In the field of experimental gravity, one of the important applications is formalism. For the evaluation of gravity models, several sets of tests have been proposed. Parameterized post-Newtonian formalism considers approximations of Einstein's gravity equations by the lowest order deviations from Newton's (...) law for weak fields. DOI: 10.13140/RG.2.2.25994.82881. (shrink)
Forty-two years ago, Capra published “The Tao of Physics” (Capra, 1975). In this book (page 17) he writes: “The exploration of the atomic and subatomic world in the twentieth century has …. necessitated a radical revision of many of our basic concepts” and that, unlike ‘classical’ physics, the sub-atomic and quantum “modern physics” shows resonances with Eastern thoughts and “leads us to a view of the world which is very similar to the views held by mystics of all ages and (...) traditions.“ This article stresses an analogous situation in biology with respect to a new theoretical approach for studying living systems, Integral Biomathics (IB), which also exhibits some resonances with Eastern thought. Stepping on earlier research in cybernetics1 and theoretical biology,2 IB has been developed since 2011 by over 100 scientists from a number of disciplines who have been exploring a substantial set of theoretical frameworks. From that effort, the need for a robust core model utilizing advanced mathematics and computation adequate for understanding the behavior of organisms as dynamic wholes was identified. At this end, the authors of this article have proposed WLIMES (Ehresmann and Simeonov, 2012), a formal theory for modeling living systems integrating both the Memory Evolutive Systems (Ehresmann and Vanbremeersch, 2007) and the Wandering Logic Intelligence (Simeonov, 2002b). Its principles will be recalled here with respect to their resonances to Eastern thought. (shrink)
The problem of measurement in economic models and the possibility of their quantum-mechanical description are considered. It is revealed that the apparent paradox of such a description is associated with a priori requirement of conformity of the model to all the alternatives of free choice of the observer. The measurement of the state of a trader on a stock exchange is formally defined as his responses to the proposals of sale at a fixed price. It is shown that an analogue (...) of Bell's inequalities for this measurement model is violated at the most general assumptions related to the strategy of the trader and requires a quantummechanical description of the dynamics of his condition. In the framework of the theory of weak continuous quantum measurements, the equation of stock price dynamics and the quantum-mechanical generalization of the F. Black and M. Scholes model for pricing options are obtained. The fundamental distinctions between the obtained model and the classical one are discussed. (shrink)
The conventional notion of a formal system is adapted to conform to the sound deductive inference model operating on finite strings. Finite strings stipulated to have the semantic value of Boolean true provide the sound deductive premises. Truth preserving finite string transformation rules provide the valid deductive inference. Sound deductive conclusions are the result of these finite string transformation rules.
The default theory of aesthetic value combines hedonism about aesthetic value with strict perceptual formalism about aesthetic value, holding the aesthetic value of an object to be the value it has in virtue of the pleasure it gives strictly in virtue of its perceptual properties. A standard theory of aesthetic value is any theory of aesthetic value that takes the default theory as its theoretical point of departure. This paper argues that standard theories fail because they theorize from the (...) default theory. (shrink)
This paper analyzes the concept of “the artwork as gesture” via two opposite approaches to expression: the cognitivist and the formalist. I claim that applied to the artwork as a whole, the concept of “gesture” captures art's influence on the spectator, its moral effect, and mostly its unique expressiveness—since an expressive positioning of itself is what the gestural artwork does. For cognitivism, gesture is a denotative-referential communication. For formalism, gesture is an expressive position, though not an expression of something. (...) “Gesture” both bridges the gap between those oppositions, and signifies the essential difference between ordinary language and the language of art. This argument is analyzed at three different levels of gestural characterization of the artwork—extra-artistic/political, semi artistic-political (which is about art, though not inside art), and intra-artistic gesture—using the following respective examples: 1. The project Picasso to Ramallah (2011)—that brought Pablo Picasso's Buste de Femme to the west bank of Israel, using the artwork as a ready-made in a political, extra-artistic, gesture. 2. The Problem of Painting is the Palestinian Problem (1977), an Israeli political-conceptual-cognitivist piece. Revoking the formalist introversion, this metaphorical gesture points at Israeli art, instructing it to assume a moral agency. 3. Henri Matisse's Harmony in Red, which performs an intra-artistic gesture of waiving off the mimetic-didactic-moral model, while affirming painting’s flatness. Comparing these works, I show that gesture is structurally different from a transmission of cognitive content. Characterizing the artwork as gesture, shows art's communicative nature and its relatedness to the viewers. (shrink)
Immanuel Kant's moral thesis is that reason alone must identify moral laws. Examining various interpretations of his ethics, this essay shows that the thesis fails. G. W. F. Hegel criticizes Kant's Formula of Universal Law as an empty formalism. Although Christine Korsgaard's Logical and Practical Contradiction Interpretations, Barbara Herman's contradiction in conception and contradiction in will tests, and Kenneth Westphal's paired use of Kant's universalization test all refute what Allen Wood calls a stronger form of the formalism charge, (...) they are not free from a weaker form of it. Some philosophers try to avoid both forms of the formalism charge in the following ways: First, some underline the roles of Kant's other formulas. Second, some interpret the Formula of Universal Law teleologically. Third, some claim that a maxim must be something all those potentially affected by it can rationally accept. Fourth, Robert Louden introduces the empirical to evaluate a maxim. All those attempts introduce heteronomy into Kant's ethics. Besides, on the third response, from the fact that all those potentially affected accept a maxim, it does not follow that it is morally right. It is impossible to avoid the formalism charge without making his ethics heteronomous. Thus, Kant's ethics is either empty or heteronomous. Either way it fails to identify moral laws by reason alone. (shrink)
In this paper I present an account of musical arousal that takes into account key demands of formalist philosophers such as Peter Kivy and Nick Zangwill. Formalists prioritise our understanding and appreciation of the music itself. As a result, they demand that any feelings we have in response to music must be directed at the music alone, without being distracted by non-musical associations. To accommodate these requirements I appeal to a mechanism of contagion which I synthesize with the expectation-based arousal (...) mechanism proposed by Leonard Meyer. This account connects musical expressivity and arousal in a way that formalists have rejected, but I argue that it provides the best explanation of our observations of listener responses while also focusing on the music itself. (shrink)
Published in 1903, this book was the first comprehensive treatise on the logical foundations of mathematics written in English. It sets forth, as far as possible without mathematical and logical symbolism, the grounds in favour of the view that mathematics and logic are identical. It proposes simply that what is commonly called mathematics are merely later deductions from logical premises. It provided the thesis for which _Principia Mathematica_ provided the detailed proof, and introduced the work of Frege to a wider (...) audience. In addition to the new introduction by John Slater, this edition contains Russell's introduction to the 1937 edition in which he defends his position against his formalist and intuitionist critics. (shrink)
[A Czech Greenberg? Mukařovský and Aesthetic Formalism] This article revisits Tomáš Pospiszyl’s discussion of the split between the North American and the Czechoslovak postwar modernism as a difference between the views of two critics who dominated the American and the Czechoslovak art scene, respectively--Clement Greenberg and Jindřich Chalupecký. Pospiszyl convincingly traces the evolution of American art to what has been called Greenberg’s “formalism,” and the developments on the Czechoslovak scene to Chalupecký’s ideas about art as part of social (...) social interactions. Though the author of the article agrees with this analysis of Czechoslovak modernism as anti-formalist, he seeks to draw attention to the writings of the Czech literary theorist Jan Mukařovský, which were contemporaneous with Chalupecký’s and Greenberg’s--in particular Mukařovský’s 1944 lecture “The Essence of the Visual Arts.” The author provides a comparative analysis of Mukařovský and Greenberg, suggesting that the former was quite close to the latter’s “formalism.” This might seem incorrect, given that Mukařovský is considered to be a precursor of the semiotic theory of art, which is generally understood as antithetical to formalism. The solution, he argues, is to realize that Greenberg is subtler, hence not so "formalist” after all. At any rate, it turns out that in addition to Chalupecký’s “social” theory of art, Mukařovský had a more “formalist” alternative which – for well-known historical reasons – had no effect on the subsequent development of Czechoslovak modernism. (shrink)
The article explores novel directions in the phenomenology of economics. It analyzes how the approaches of Till Düppe and Alfred Schütz, both inspired by Edmund Husserl, may shed light on the historical development of economics. I examine the substance and meaning of economics in the context of the forceful criticism of the whole discipline recently raised by Düppe. This examination uncovers important weaknesses and omissions inherent in Düppe’s argument against the economists’ scientific aspirations. The analysis of the social scientific endeavors (...) by Alfred Schütz who develops a phenomenologically informed ‘telescopic’ concept of an ideal type is then shown to be a more fruitful and methodologically rigorous way towards understanding the developments within economics. The Schützian view permits us to see how abstract economic models originate in the experience of the life-world and are continuous with it. Accordingly, the historical development of economic science may be viewed as consisting from two broadly defined phases, where at first the formalism is steadily increasing (the ‘zooming out’ phase) and later the discipline converges back to context-specific empirical examinations (the ‘zooming in’ phase). A case study concentrating on the economic theory of politics illustrates that both the drive towards abstraction that has culminated around 1950s and the more recent ‘zooming in’ is methodologically legitimate from the phenomenological point of view. I conclude that economics has never been completely severed from the paramount reality of the everyday life and for decades the interconnection has been growing stronger by the day. (shrink)
In this study we offer a new way of applying Kendall Walton’s theory of make-believe to musical experiences in terms of psychologically inhibited games of make-believe, which Walton attributes chiefly to ornamental representations. Reading Walton’s theory somewhat against the grain, and supplementing our discussion with a set of instructive examples, we argue that there is clear theoretical gain in explaining certain important aspects of composition and performance in terms of psychologically inhibited games of make-believe consisting of two interlaced game-worlds. Such (...) complex games can accommodate a continuous rich spectrum of congruent modes of listening, which broaches both the formalist-type and the narrativist-type. We conclude that this sort of oblique reading of Walton’s original theory actually complements and completes Walton’s recent theoretic angle concerning thoughtwriting in music by way of affording it with a suitable conception for a mechanism of appropriation for music. (shrink)
This paper proposes to define metaphor as a visual-material structure, the sphere of which is ontological rather than cognitive or conceptual. It argues that the essence of metaphor, as either an aesthetic or a communicative unit or both, resides in the qualitative dimension and appearance, or even materiality, of the metaphorical medium and its form. The paper thus offers a new theory of metaphor, focusing on the medium of metaphor, which composes and transfigures or reconstructs its target anew: a composition (...) that is prior to understanding or conceptualizing the target. In doing so, the paper presents a formalist ontology of metaphors, established via an externalist account of metaphors, as opposed to the prevailing cognitivist-conceptualist account which I characterize as internalist. The various kinds of metaphor – linguistic, poetic, visual or material – are based on their external structure, rather than an internal-conceptual mechanism of understanding, as assumed by a significant segment of the literature. Visual metaphor, therefore, is the paradigmatic kind of metaphor, the analysis of which can be generalized to other kinds of metaphor. Furthermore, the paper tries to overcome the current discrepancy between the formalist character of the metaphorical medium and the dominance of cognitivist and conceptualist theories of metaphor. Challenging these, I claim that if the identity of metaphor is indeed based on its composition, then it is actually based on its aesthetic qualities. That is to say, not only are there autonomous visual or material metaphors, that are not based on linguistic or conceptual ones, but linguistic and conceptual metaphors are based on visuality: they are enabled by the structural possibilities offered by visual media. (shrink)
The study is focused on analysing formalism which is a strategy of applying laws by stressing the formal features of the law, even if the consequences of the strategy like that are difficult to accept in light of legal principles and the general requirement of equity. Contrary to the common view presented in the legal literature, the study sets out arguments that the formalism is neither justified in the tradition of legal positivism, neither in the idea of the (...) rule of law. In particular it is not true that formalism secures stability and predictability of laws application. On the other hand, a non-formalistic approach to applying laws, consisting in a simultaneous application of strict rules and general principles and in acknowledging the purpose and the function of the law as important factors, allows for realising the values that are traditionally linked with legal positivism. That non-formalistic approach to applying laws, called in the study 'interpretative holism', was supported by a wide use of contemporary philosophy of language, in particular the Kripke-Putnam semantics and the findings of the contemporary philosophy of law and legal theory. -/- Praca jest poświęcona analizie zjawiska formalizmu, które jest strategią stosowania prawa, podlegająca na podkreśleniu wagi formalnych cech prawa, nawet jeśli strategia taka prowadzi do rezultatów trudnych do zaakceptowania z punktu widzenia zasad prawa albo ogólnych wymogów słuszności. Przeciwnie do dotychczasowych stanowisk reprezentowanych w literaturze, w pracy przedstawione są argumenty, że formalistyczne podejście do stosowania prawa nie ma uzasadnienia, ani w koncepcji pozytywizmu prawniczego, ani w koncepcji rządów prawa. Z drugiej strony nieformalistyczne podejście do stosowania prawa, które polega głównie na współstosowaniu reguł i zasad oraz na uwzględnianiu celu i funkcji prawa, pozwala na realizację wartości tradycyjnie przypisywanych koncepcji pozytywizmu prawniczego. Ta nieformalistyczna strategia stosowania prawa, nazywana w pracy holizmem interpretacyjnym, została w pracy uzasadniona poprzez szerokie wykorzystanie współczesnej filozofii języka, w szczególności tzw. semantyki Kripkego-Putnama oraz współczesnego dorobku polskiej i zagranicznej teorii i filozofii prawa.". (shrink)
A formalism is introduced to represent the connective organization of an evolving neuronal network and the effects of environment on this organization by stabilization or degeneration of labile synapses associated with functioning. Learning, or the acquisition of an associative property, is related to a characteristic variability of the connective organization: the interaction of the environment with the genetic program is printed as a particular pattern of such organization through neuronal functioning. An application of the theory to the development of (...) the neuromuscular junction is proposed and the basic selective aspect of learning emphasized. (shrink)
In this paper, I consider the use of mathematical results in philosophical arguments arriving at conclusions with non-mathematical content, with the view that in general such usage requires additional justification. As a cautionary example, I examine Kreisel’s arguments that the Continuum Hypothesis is determined by the axioms of Zermelo-Fraenkel set theory, and interpret Weston’s 1976 reply as showing that Kreisel fails to provide sufficient justification for the use of his main technical result. If we take the perspective that mathematical results (...) are used in the context of a modelling of something not necessarily mathematical, then the situation is clarified somewhat, and the procedure for arriving at justification for the use of such results becomes clear. I give an example of a particularly strong form this justification might take, using the idea of formalism independence due to Gödel and Kennedy. (shrink)
The hermeneutic pragmatism explored in this article timely examines how “post-truth” claims over-estimate semantic freedoms while at the same time underestimating semantic and pre-semantic restraints. Such pragmatism also timely examines how formalists err by committing the reverse errors. Drawing on insights from James, Peirce, Putnam, Rorty, Gadamer, Derrida, and others, such hermeneutic pragmatism explores (1) the necessary role of both internal and objective experience in meaning, (2) the resulting instrumental nature of concepts required to deal with such experience, (3) the (...) related need for workability to apply to the “the collectivity of experience’s demands, nothing being omitted,” (4) the inherent role of morality and other norms in measuring such workability, (5) the semantic as well as experiential nature of our workable realities, (6) the semantic freedoms involved in constructing, framing, and retaining our workable realities and concepts, and (7) the semantic, pre-semantic, and other restraints on constructing, framing, and retaining our workable realities and concepts. -/- Such hermeneutic pragmatism also introduces Eunomia, a real-world alternative to Dworkin’s superhuman judge Hercules. Named after the Greek goddess of good order, the human Eunomia represents the reasonable judge excellently versed in (among other things) legal theory, legal practice, linguistics, and philosophy of language. Additionally, in its appendices, this article surveys the pragmatic restraints of “implementives” and provides a detailed overview of pragmatic “workability” restraints for both law and fact. -/- (By “sense” the title of this article means not only “meaning conveyed or intended” but also “capacity for effective application of the powers of the mind as a basis for action or response.” See Sense, MERRIAM-WEBSTER’S COLLEGIATE DICTIONARY (11th ed. 2014) “Workable” has the broad meaning discussed in Sections II, IV, and Appendix C of the Article, and "good" is further explored in the section on Eunomia, namesake of the Greek goddess of good order.) -/- Keywords: Pragmatism, Hermeneutic, Truth, Rule of Law, William James, C.S. Peirce, Hilary Putnam, Richard Rorty, Gadamer, Habermas, Derrida, Lon Fuller, H.L.A. Hart, Post-truth, Postmodernism, Trump, Rhetoric, Meaning, Interpretation, Metaphor, Category, Lifeworld, Formalism, Framing, Deconstruction. (shrink)
The proposed theoretical motivation for legal fictionalism begins by focusing upon the seemingly supernatural powers of creation and control that mere mortals exercise over legal things, as a subclass of socially constructed things. This focus brings to the fore a dilemma of uncharitableness concerning the ontological commitments expressed in the discourse of whole societies about such things. Either, there is widespread equivocation as to the fundamental concept expressed by terms such as ‘existence’ or our claims about legal and other institutional (...) things are never really true. When stated as a dilemma, rather than assuming either horn from the outset, our broader social practice of fiction-telling yields a reason to prefer the fictionalist horn. -/- I differentiate three grades of legal fictionalism and contrast strong legal fictionalism with Horacio Spector’s weak form. Only the stronger form has it that engagement in a fictional discourse of law can provide reasons for legal decision-making independent of moral opinions or policy considerations. This stance relies on the claim that maintaining a fictional discourse with respect for its integrity justifies inferences to conclusions about a fictional domain beyond what is described in existing expressions of the discourse. Focusing on ontology allows an analogy between a fictional discourse of law and literary or popular fiction, in which context such inferences are more obviously persuasive. I argue that this notion of respect for the integrity of such a discourse saves legal formalist jurisprudence from the indeterminacy objections of legal realists. (shrink)
This book analyses the impact computerization has had on contemporary science and explains the origins, technical nature and epistemological consequences of the current decisive interplay between technology and science: an intertwining of formalism, computation, data acquisition, data and visualization and how these factors have led to the spread of simulation models since the 1950s. -/- Using historical, comparative and interpretative case studies from a range of disciplines, with a particular emphasis on the case of plant studies, the author shows (...) how and why computers, data treatment devices and programming languages have occasioned a gradual but irresistible and massive shift from mathematical models to computer simulations. -/- . (shrink)
A study of the making of George Peacock's highly influential, yet disturbingly split, 1830 account of algebra as an entanglement of two separate undertakings: arithmetical and symbolical or formal.
The main goal of the paper is to present a putative role of consciousness in language capacity. The paper contrasts the two approaches characteristic for cognitive semiotics and cognitive science. Language is treated as a mental phenomenon and a cognitive faculty. The analysis of language activity is based on the Chalmers’ distinction between the two forms of consciousness: phenomenal and psychological. The approach is seen as an alternative to phenomenological analyses typical for cognitive semiotics. Further, a cognitive model of the (...) language faculty is described. The model is implemented in SNePS/GLAIR architecture and based on GATN grammar and semantic networks as a representation formalism. The model - reflecting traditionally distinguished linguistic structures - consists of phonological, syntactic, and semantic modules. I claim that the most important role in the phenomenon of language is played by psychological consciousness. Phenomenal consciousness accompanies various stages of language functioning, but is not indispensable in explanations of the language faculty. (shrink)
This article analyzes the historical development of the philosophical logic syntax from the standpoint of the unity of historical and logical methods. According to this perspective, there are three types of logical syntax: the elementary subject-predicate, the modified definitivespecificative, and the standard propositional-functional. These types are generalized in the grammatical and mathematical styles of logical syntax. The main attention is paid to two scientific revolutions in elementary subject-predicate syntax, which led to the emergence of modified definitive-specific and standard propositional-functional syntaxes (...) and created the syntactic conditions for the development of contemporary philosophical logic. The specifics of contemporary philosophical logic and the methodological possibilities of its application to philosophical discourse are studied. The article aims to reevaluate the undeservedly forgotten systems of philosophical logic of the continental tradition, created by such prominent representatives as Aristotle, G.W.F. Hegel, and E. Husserl, and to actualize these logics in the context of contemporary philosophical culture. The potential of the above-mentioned logics is not fully involved in the philosophical discourse of modernity, primarily because they primarily used an imperfect elementary subject-predicate syntax and modified definitive-specificative syntax as its slightly improved version. Both syntaxes have one thing in common: the grammatical style of sentence structure. Nevertheless, they also have one common flaw – a high dependence on grammar formalism. As a result, the interaction between these syntaxes and Frege’s standard propositional-functional syntax is impossible, because the latter is based on mathematical formalism, which operates on the philosophical logic of the analytic tradition. The article substantiates the way to solve this problem by constructing a modified subject-predicate syntax of contemporary philosophical logic. This syntax provides information interaction between Aristotle’s elementary subject-predicate syntax, and Frege’s standard propositional-functional syntax based on Hegel’s modified definitive-specificative syntax. The proposed solution to this problem can create new opportunities for complementarity and mutual enrichment between the philosophical logic of continental and analytical traditions. The theoretical basis for the construction and study of contemporary philosophical logic is a functional analysis of contemporary symbolic logic, which improves the grammatical analysis of traditional formal logic. Functional-grammatical analysis is a way to rehabilitate the philosophical logic of the continental tradition. The novelty of this paper lies in the substantiation of the modified subjectpredicate syntax of contemporary philosophical logic. It makes it possible to establish a dialogue between continental and analytical traditions, which is designed to promote the further development of philosophy. (shrink)
In his [1937, 1938], Paul Dirac proposed his “Large Number Hypothesis” (LNH), as a speculative law, based upon what we will call the “Large Number Coincidences” (LNC’s), which are essentially “coincidences” in the ratios of about six large dimensionless numbers in physics. Dirac’s LNH postulates that these numerical coincidences reflect a deeper set of law-like relations, pointing to a revolutionary theory of cosmology. This led to substantial work, including the development of Dirac’s later [1969/74] cosmology, and other alternative cosmologies, such (...) as the Brans-Dicke modification of GTR, and to extensive empirical tests. We may refer to the generic hypothesis of “Large Number Relations” (LNR’s), as the proposal that there are lawlike relations of some kind between the dimensionless numbers, not necessarily those proposed in Dirac’s early LNH. Such relations would have a profound effect on our concepts of physics, but they remain shrouded in mystery. Although Dirac’s specific proposals for LNR theories have been largely rejected, the subject retains interest, especially among cosmologists seeking to test possible variations in fundamental constants, and to explain dark energy or the cosmological constant. In the first two sections here we briefly summarize the basic concepts of LNR’s. We then introduce an alternative LNR theory, using a systematic formalism to express variable transformations between conventional measurement variables and the true variables of the theory. We demonstrate some consistency results and review the evidence for changes in the gravitational constant G. The theory adopted in the strongest tests of Ġ/G, by the Lunar Laser Ranging (LLR) experiments, assumes: Ġ/G = 3(dr/dt)/r – 2(dP/dt)/P – (dm/dt)/m, as a fundamental relationship. Experimental measurements show the RHS to be close to zero, so it is inferred that significant changes in G are ruled out. However when the relation is derived in our alternative theory it gives: Ġ/G = 3(dr/dt)/r – 2(dP/dt)/P – (dm/dt)/m – (dR/dt)/R. The extra final term (which is the Hubble constant) is not taken into account in conventional derivations. This means the LLR experiments are consistent with our LNR theory (and others), and they do not really test for a changing value of G at all. This failure to transform predictions of LNR theories correctly is a serious conceptual flaw in current experiment and theory. (shrink)
Can a basic sensory property like a bare colour or tone be beautiful? Some, like Kant, say no. But Heidegger suggests, plausibly, that colours ‘glow’ and tones ‘sing’ in artworks. These claims can be productively synthesized: ‘glowing’ colours are not beautiful; but they are sensory forces—not mere ‘matter’, contra Kant—with real aesthetic impact. To the extent that it inheres in sensible properties, beauty is plausibly restricted to structures of sensory force. Kant correspondingly misrepresents the relation of beautiful wholes to their (...) parts. Beautiful form is not extrinsic to sensory force. Sensible beauty is just the holistic impact of agonistically-interacting sensory forces. When sensory forces interact hierarchically, their collective impact is closer to the sublime, in quality if not degree. The simplest sensory experience of sublimity is just the impact of radically intensified sensory forces, similar in kind if not degree to the individual ‘singing’ tones in a beautiful melody. (shrink)
In a historiographical and methodological comparison of Formal Aesthetics and Iconology with the method of Affordance, the latter is to be introduced as a new method in Visual Cultural Studies. In extension ofepistemologically relevant aspects relatedtostyle and history of the artefacts, communicative and furthermoreaction and decisionrelevant aspects of artefacts become important. In this respect, it is the share of artefacts in life that the new method aims to uncover. The basis for this concern is the theory and methodological tools of (...) Visual Semiotics, which I have already presented. A direct comparison of the three methods based on the same example should clarify the points of contact and the respective performance of the methods. For this purpose, theChrist among the Doctorsof Albrecht Dürer from 1506 will be used, which was already examined in 1905 and indirectly in 1915 by the prominent representative of Formal Aesthetics Heinrich Wölfflin,and in 1914 and finally in1943by the founder of Iconology Erwin Panofsky. With the new method thecommunicative-actionand decision relevant aspects and thus their share in life should be shown. (shrink)
Norbert Wiener’s idea of “cybernetics” is linked to temporality as in a physical as in a philosophical sense. “Time orders” can be the slogan of that natural cybernetics of time: time orders by itself in its “screen” in virtue of being a well-ordering valid until the present moment and dividing any totality into two parts: the well-ordered of the past and the yet unordered of the future therefore sharing the common boundary of the present between them when the ordering is (...) taking place by choices. Thus, the quantity of information defined by units of choices, whether bits or qubits, describes that process of ordering happening in the present moment. The totality (which can be considered also as a particular or “regional” totality) turns out to be divided into two parts: the internality of the past and the externality of the future by the course of time, but identifiable to each other in virtue of scientific transcendentalism (e.g. mathematical, physical, and historical transcendentalism). A properly mathematical approach to the “totality and time” is introduced by the abstract concept of “evolutionary tree” (i.e. regardless of the specific nature of that to which refers: such as biological evolution, Feynman trajectories, social and historical development, etc.), Then, the other half of the future can be represented as a deformed mirror image of the evolutionary tree taken place already in the past: therefore the past and future part are seen to be unifiable as a mirrorly doubled evolutionary tree and thus representable as generalized Feynman trajectories. The formalism of the separable complex Hilbert space (respectively, the qubit Hilbert space) applied and further elaborated in quantum mechanics in order to uniform temporal and reversible, discrete and continuous processes is relevant. Then, the past and future parts of evolutionary tree would constitute a wave function (or even only a single qubit once the concept of actual infinity be involved to real processes). Each of both parts of it, i.e. either the future evolutionary tree or its deformed mirror image, would represented a “half of the whole”. The two halves can be considered as the two disjunctive states of any bit as two fundamentally inseparable (in virtue of quantum correlation) “halves” of any qubit. A few important corollaries exemplify that natural cybernetics of time. (shrink)
In the first ever commentary on the Groundwork, one of Kant’s earliest critics, Gottlob August Tittel, argues that the categorical imperative is not a new principle of morality, but merely a new formula. This objection has been unjustly neglected in the secondary literature, despite the fact that Kant explicitly responds to it in a footnote in the second Critique. In this paper I seek to offer a thorough explanation of both Tittel’s ‘new formula’ objection and Kant’s response to it, as (...) well as illustrate its significance. I argue that the objection is in fact the third step in a line of argument that Tittel presents in his commentary, and that the objection is best understood within this context. I analyze Kant’s response in the second Critique footnote line-by-line so as to show that Kant both clarifies that it was never his aim to offer a new principle, but only ‘establish’ the principle that common human reason already implicitly employs. Furthermore, I show that Kant uses the opportunity to clarify the sense in which the categorical imperative is a ‘formula [Formel]’, namely as a representation of a complicated and abstract principle, like the moral law, in a way that is easier to understand and apply. I conclude by illustrating the fourth step in Tittel’s line of argument, which makes the overall significance of the ‘new formula’ objection clear: for Tittel, the problem is not that Kant seems to be offering merely a new formula, but that the categorical imperative lacks a foundation. (shrink)
Does the notion of ground, as it has recently been employed by metaphysicians, point to a single unified phenomenon? Jonathan Schaffer holds that the phenomenon of grounding exhibits the unity characteristic of a single genus. In defense of this hypothesis, Schaffer proposes to take seriously the analogy between causation and grounding. More specifically, Schaffer argues that both grounding and causation are best approached through a single formalism, viz., that utilized by structural equation models of causation. In this paper, I (...) present several concerns which suggest that the structural equation model does not transfer as smoothly from the case of causation to the case of grounding as Schaffer would have us believe. If it can in fact be shown that significant differences surface in how the formalism in question applies to the two types of phenomena in question, Schaffer’s attempt at establishing an analogy between grounding and causation has thereby been weakened and, as a result, the application of the Unity Hypothesis to the case of grounding once again stands in need of justification. (shrink)
Conversational exculpature is a pragmatic process whereby information is subtracted from, rather than added to, what the speaker literally says. This pragmatic content subtraction explains why we can say “Rob is six feet tall” without implying that Rob is between 5'0.99" and 6'0.01" tall, and why we can say “Ellen has a hat like the one Sherlock Holmes always wears” without implying Holmes exists or has a hat. This article presents a simple formalism for understanding this pragmatic mechanism, specifying (...) how, in context, the result of such subtractions is determined. And it shows how the resulting theory of conversational exculpature accounts for a varied range of linguistic phenomena. A distinctive feature of the approach is the crucial role played by the question under discussion in determining the result of a given exculpature. (shrink)
Arthur Danto argued from the premise that artworks are essentially cognitive to the conclusion that they are incidentally aesthetic. I wonder why Danto, and the very many of us he persuaded, came to believe that the cognitive and the aesthetic oppose one another. I argue, contrary to Danto’s historical claims, that the cognitive and the aesthetic did not come into opposition until the late nineteenth or early twentieth century, and that they were brought into opposition for reasons of art-critical expediency (...) rather than philosophical necessity. I conclude that a robustly cognitive notion of the aesthetic remains an option for us. (shrink)
On one popular view, the general covariance of gravity implies that change is relational in a strong sense, such that all it is for a physical degree of freedom to change is for it to vary with regard to a second physical degree of freedom. At a quantum level, this view of change as relative variation leads to a fundamentally timeless formalism for quantum gravity. Here, we will show how one may avoid this acute ‘problem of time’. Under our (...) view, duration is still regarded as relative, but temporal succession is taken to be absolute. Following our approach, which is presented in more formal terms in, it is possible to conceive of a genuinely dynamical theory of quantum gravity within which time, in a substantive sense, remains. 1 Introduction1.1 The problem of time1.2 Our solution2 Understanding Symmetry2.1 Mechanics and representation2.2 Freedom by degrees2.3 Voluntary redundancy3 Understanding Time3.1 Change and order3.2 Quantization and succession4 Time and Gravitation4.1 The two faces of classical gravity4.2 Retaining succession in quantum gravity5 Discussion5.1 Related arguments5.2 Concluding remarks. (shrink)
The relationship between abstract formal procedures and the activities of actual physical systems has proved to be surprisingly subtle and controversial, and there are a number of competing accounts of when a physical system can be properly said to implement a mathematical formalism and hence perform a computation. I defend an account wherein computational descriptions of physical systems are high-level normative interpretations motivated by our pragmatic concerns. Furthermore, the criteria of utility and success vary according to our diverse purposes (...) and pragmatic goals. Hence there is no independent or uniform fact to the matter, and I advance the ‘anti-realist’ conclusion that computational descriptions of physical systems are not founded upon deep ontological distinctions, but rather upon interest-relative human conventions. Hence physical computation is a ‘conventional’ rather than a ‘natural’ kind. (shrink)
Although Kant (1998) envisaged a prominent role for logic in the argumentative structure of his Critique of Pure Reason, logicians and philosophers have generally judged Kantgeneralformaltranscendental logics is a logic in the strict formal sense, albeit with a semantics and a definition of validity that are vastly more complex than that of first-order logic. The main technical application of the formalism developed here is a formal proof that Kants logic is after all a distinguished subsystem of first-order logic, namely (...) what is known as geometric logic. (shrink)
Proponents of the rule of law argue about whether that ideal should be conceived formalistically or in terms of substantive values. Formalistically, the rule of law is associated with principles like generality, clarity, prospectivity, consistency, etc. Substantively, it is associated with market values, with constitutional rights, and with freedom and human dignity. In this paper, I argue for a third layer of complexity: the procedural aspect of the rule of law; the aspects of rule-of-law requirements that have to do with (...) "natural Justice" or "procedural due process." These I believe have been neglected in the jurisprudential literature devoted specifically to the idea of the rule of law and they deserve much greater emphasis. Moreover procedural values go beyond elementary principles like the guarantee of an unbiased tribunal or the opportunity to present and confront evidence. They include the right to argue in a court about what the law is and what its bearing should be on one's situation. The provision that law makes for argument is necessarily unsettling, and so this emphasis on the procedural aspect highlights the point predictability should not be regarded as the be-all and end-all of the rule of law. (shrink)
I argue for an enactive account of musical experience — that is, the experience of listening ‘deeply’(i.e., sensitively and understandingly) to a piece of music. The guiding question is: what do we do when we listen ‘deeply’to music? I argue that these music listening episodes are, in fact, doings. They are instances of active perceiving, robust sensorimotor engagements with and manipulations of sonic structures within musical pieces. Music is thus experiential art, and in Nietzsche’s words, ‘we listen to music with (...) our muscles’. This paper attempts to explicate and defend this claim. First, I discuss enactive approaches to consciousness and cognition generally. Next, I apply an enactive model of perceptual consciousness to the experience of listening to music. To clarify what is at stake, I use Peter Kivy’s ‘enhanced formalism’ as a philosophical foil. I then look at how the animate body shapes musical experience. (shrink)
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