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 paper objectively defines the three main contemporary philosophies of mathematics: formalism, logicism, and intuitionism. Being the three leading scientists of each: Hilbert (formalist), Frege (logicist), and Poincaré (intuitionist).

A current focus of legal debate is the proper role of the courts in the interpretation of statutes and the Constitution. Are judges to look solely to the naked language of an enactment, then logically deduce its application in simple syllogistic fashion, as legal formalists had purported to do? Or may the inquiry into meaning be informed by perhaps unbridled and unaccountable judicial notions of public policy, using legal realism to best promote the general welfare? Judge Posner considers the concepts (...) of formalism and realism to be meaningful and useful in common law reasoning but in interpretation to be useless and, worse, forbidden. He analogizes unclear "orders" from a legislature to garbled battlefield communications, and argues that the duty of the recipient of those orders (the judge) is to advance as best he can the enterprise set on foot by the superiors. Case studies elaborate this thesis. Judicial decisions interpreting fixed texts, Judge Posner concludes, can be neither logically correct or incorrect, philosophically sound or unsound, until the ultimate jurist, time, has adjudged their results. (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)

Mathematical formalism is the the view that numbers are "signs" and that arithmetic is like a game played with such signs. Frege's colleague Thomae defended formalism using an analogy with chess, and Frege's critique of this analogy has had a major influence on discussions in analytic philosophy about signs, rules, meaning, and mathematics. Here I offer a new interpretation of formalism as defended by Thomae and his predecessors, paying close attention to the mathematical details and historical context. (...) I argue that for Thomae, the formal standpoint is an _algebraic perspective_ on a domain of objects, and a "sign" is not a linguistic expression or mark, but a representation of an object within that perspective. Thomae exploits a shift into this perspective to give a purely algebraic construction of the real numbers from the rational numbers. I suggest that Thomae's chess analogy is intended to provide a model for such shifts in perspective. (shrink)

This chapter presents the formalist account of the moral status of an artwork as an aesthetically significant and autonomous form, with due emphasis on the Anglo-American art-for-art’s-sake aesthetic, as it developed between 1870 and 1960. The author shows that the formalist art-is-above-morals approach is a substantive moral stance in itself. Formalist aesthetics is usually presented in the literature as evincing a purist indifference to ethics, construing moral properties as external to art, in opposition to the internal pure properties of art’s (...) composition. The chapter demonstrates that this is a misrepresentation of the complex formalist prescriptive idea of the relations between art and ethics. Through its autonomy and imperviousness to external co-opting—which is accomplished by due focus on aesthetic form—art on the formalist account is held to be a paradigm of the liberalist principles of individual freedom and self-fulfillment, thus an inherent means to the good. (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)

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)

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)

The article presents Hanslick’s aesthetic formalism as the starting point of the contemporary aesthetics of music. His book, written in the 19th century, is considered contemporary because it still proves to be influential and fruitful in the contemporary theoretical circles, especially in the modern analytic aesthetics of music, where it is widely cited and discussed. The article positions Hanslick’s book in relation to his nearest predecessors Kant and Herbart, and to the neighbouring area where the formalistic view appeared, namely (...) in Fidler’s visual formalism in fine arts. It is shown that by being the first piece of writing to attempt to systematically and comprehensively determine the essence and the content of music, and the criteria for evaluation of musical worth, Hanslick’s book sets the foundation for a rigorous examination of the aesthetics of music, and also breaks off with the widely ingrained preconceptions of music, which were in themselves an obstacle to establishing the aesthetics of music as a scientific discipline. (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)

Developments in the realm of formal sciences and math foundations during the twentieth century were marked by important methodological advances. Such new approaches partialy owe their appearance to the abandonment of the previous paradigm. To identify how this transition occured, in this essay we observe some aspects regarding the works of Gödel and Tarski, who, under a certain interpretations, restructure epistemological bases of math's formalisms. It'll be argued that the theoretical variabilities produced in abstract sciences upon weakening previous viewpoints forced (...) to abandon some of the components of hegemonic programs. (shrink)

I develop Schopenhauerian musical formalism. First, I present a Schopenhauerian account of music with a background of his metaphysical framework. Then, I define meaningfulness as an analog to a Kantian notion of purposiveness and argue that, in light of Schopenhauer, music is meaningful as a direct manifestation of the universal will. Given the ineffable nature of what music points to, its form lacks any representation of meaning. Music is therefore the mere form of meaningfulness, and it is precisely this (...) mere form that gives rise to the infinite possibilities to ascribe it with a variety of musical meaning. (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)

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)

Book information: Deviant Logic, Fuzzy Logic: Beyond The Formalism. By SUSAN HAACK. Chicago, Ill.: University of Chicago Press, 1996. Pp. xxvi, 291.

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)

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 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.

I propose a new formalist account of legal (/proximate) causation – one that holds legal causation to be a matter of amoral, descriptive fact. The account starts with a metaphysical relation, akin to but distinct from common-sense causation, and it argues that legal causation aligns exactly with that relation; it is unified and principled.

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)

From the publisher: -/- This important new study reevaluates British art writing and the rise of formalism in the visual arts from 1900 to 1939. Taking Roger Fry as his starting point, Sam Rose rethinks how ideas about form influenced modernist culture and the movement’s significance to art history today. -/- In the context of modernism, formalist critics are often thought to be interested in art rather than life, a stance exemplified in their support for abstract works that exclude (...) the world outside. But through careful attention to early twentieth-century connoisseurship, aesthetics, art education, design, and art in colonial Nigeria and India, Rose builds an expanded account of form based on its engagement with the social world. Art and Form thus opens discussions on a range of urgent topics in art writing, from its history and the constructions of high and low culture to the idea of global modernism. Rose demonstrates the true breadth of formalism and shows how it lends a new richness to thought about art and visual culture in the early to mid-twentieth century. -/- “This book is a gem. It gives the most comprehensive and accessible account of the importance of form in the last hundred years of writing about art. It should be compulsory reading not just for art historians, but also for aestheticians and anyone interested in visual culture.” —Bence Nanay, author of Aesthetics as Philosophy of Perception -/- “This is an exceptionally wide-ranging and successful study of a central topic in the history of modernism. Rose moves with enviable facility between archival research and historical concerns and a crisply incisive discussion of the status and integrity of the key ideas. The final section, which extends the story outward into new areas, will be an invaluable spur to future research.” —David Peters Corbett, author of The World in Paint: Modern Art and Visuality in England, 1848–1914 -/- “It’s time we had a sophisticated account of form in the modern visual arts to replace the crude caricatures that have dominated the literature on so-called modernist formalism. Sam Rose supplies this with precision (in his careful readings of modernist texts that have too often been oversimplified) and imagination (in relating them to wider, sometimes surprising, contexts). Demolishing the notion that formalism must be escapist, he provides a cogent explanation for how the study of the Old Masters could go hand in hand with the theorization of a modern art. This lucidly written book not only challenges preconceptions about formalism but shows why we cannot ignore the question of form in discussions of the visual arts up to and including the present day.” —Elizabeth Prettejohn, author of Art for Art’s Sake: Aestheticism in Victorian Painting -/- “A brilliant and timely account of aesthetic form and formalism. Debates about form are fundamental to modernism, and indeed to the story of the arts in the twentieth and twenty-first centuries, yet until now we have been lacking a sustained investigation of how this came to be. Art and Form is a great work of art history, and it will also prove indispensable to literary scholars, philosophers, and cultural critics.” —Rebecca Beasley, author of Ezra Pound and the Visual Culture of Modernism. (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)

In this paper, I critically examine Kurt Gödel’s argument against the syntactic interpretation of mathematics. While the main aim is to analyze the argument, I also wish to underscore the relevance of the original elements of Gödel’s philosophical thought. The paper consists of four parts. In the first part, I introduce the reader to Gödel’s philosophy. In the second part, I reconstruct the formalist stance in the philosophy of mathematics, which is the object of Gödel’s criticism. In the third part, (...) I sketch his argument against the syntactic interpretation of mathematics. Finally, I discuss some controversies regarding the argument. (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)

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)

Even if one sees the law as “a self-contained system of legal reasoning” from which we deduce “neutral,” non-political conclusions from “general principles and analogies among cases and doctrines” (including formalist claims that judges simply call “balls and strikes” like umpires in a baseball game), one should still consider certain characteristics of the party making such deductions or calling such “balls and strikes.” [Relevant citations to quoted language are in the Article.] If such decision maker has questionable motivations, lacks proper (...) perspective, does not grasp the flexibility in the concepts in play, does not grasp the restraints on concepts in play, does not follow the proper processes involved, and lacks the detail, courage, and tenacity needed to reach the proper “deduction” or “call,” on the face of things the formalist, too, should have reason to re-examine any “deduction” or “call” by such party. Thus, even the formalist should not deny the critical role of virtue when examining legal analysis, a role belying the notion of law as a "self-contained system of legal reasoning." -/- This Article thus explores basic freedoms and restraints applicable to legal analysis and the role that virtue plays in balancing such freedoms and restraints. Such exploration covers: (i) the origin, nature, and purpose of concepts and categories used in legal analysis; (ii) the experiential nature of the meaning of such concepts and categories used in legal analysis; (iii) the freedoms and restraints applicable to such concepts and categories as a result of either experience or of the concepts or categories themselves; (iv) how workable notions of virtue rightly balance such freedoms and restraints in legal analysis; (v) the distinction between such virtue and skill; (vi) reconceiving the analytically virtuous mean as a proper balance between such applicable freedoms and restraints; and (vii) defining and surveying the particular virtues that lead us to such proper balance and thus to good legal analysis. My hope is that lawyers and law schools in their curricula will follow such explorations as well in a quest to better understand legal analysis and how to teach and perform it well. (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)

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)

In this paper, I attempt to find a middle ground between the formalist critic, Vladimir Propp, and the psychoanalytic critic, Carl Jung. I argue that, instead of regarding Russian formalism and psychoanalysis as irreconcilable adversaries, the theories of the two figures can (and should) be unified; the result of which can be devised to establish a theory of what I call an ‘‘archetypal narrative’’. To be more explicit, Propp’s Morphology and Jung’s archetypal psychoanalysis are reconciled to bring about an (...) archetypal narrative theory, in which the underlying structure of narratives lies in the collective unconscious of humanity. (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)

[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 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)

This article intervenes in recent formalist and ecocritical debates, drawing on the philosophy of Charles Darwin and Édouard Glissant to develop an ecopoetic theory of relational form. Gathering perspectives from ecocriticism and new materialism, literary criticism and comparative literature, the history and philosophy of science, postcolonial theory, critical race theory, and Black studies, it reads form as an interdisciplinary object that is part of the world, rather than an imposed feature of human language or perception. In this way, it produces (...) a relational theory of form that is not hylomorphic or defined through the relation between form and content but, rather, is defined by the relation between a content and extant and, so, an interaction of relation and repetition. Drawing on the history of ecological science, it further explores how forms combine, how they amplify and interfere with each other, and how they support relations of harm and care. Finally, it uses this ecopoetic theory of form to read the histories of racial violence and migration in Matthew Arnold’s “Dover Beach” (1867) and Helen Oyeyemi’s White Is for Witching (2009). (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)

Christopher Columbus Langdell has not only damaged the study of law with his three follies: his legal formalism, his redacted appellate case method, and his notion that legal practice taints the professor of law. His three follies have also impaired character development critical for legal actors. This Article focuses on four such critical character traits and virtues impaired by Langdell: (i) imagination, (ii) empathy, (ii) balance, and (iv) integrity. -/- This Article also calls out potential character issues with two (...) professor types inspired by Langdell: (v) the hazing professor who confuses intellectual rigor with intense discomfort and who uses the redacted appellate case method to inflict such discomfort at the expense of better pedagogy, and (vi) the professor without substantial practice experience who is substantially paid to teach what she has never practiced. -/- Agreeing with C.S. Pierce that the best argument is a cable rather than a chain, I end by weaving in a Langdell villanelle. I hope such a cable can help lift Langdell and his follies from legal education and the world. (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)

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 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)

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.

A consequence relation is strongly classical if it has all the theorems and entailments of classical logic as well as the usual meta-rules (such as Conditional Proof). A consequence relation is weakly classical if it has all the theorems and entailments of classical logic but lacks the usual meta-rules. The most familiar example of a weakly classical consequence relation comes from a simple supervaluational approach to modelling vague language. This approach is formally equivalent to an account of logical consequence according (...) to which α1, ..., αn entails β just in case □α1, ..., □αn entails □β in the modal logic S5. This raises a natural question: If we start with a different underlying modal logic, can we generate a strongly classical logic? This paper explores this question. In particular, it discusses four related technical issues: (1) Which base modal logics generate strongly classical logics and which generate weakly classical logics? (2) Which base logics generate themselves? (3) How can we directly characterize the logic generated from a given base logic? (4) Given a logic that can be generated, which base logics generate it? The answers to these questions have philosophical interest. They can help us to determine whether there is a plausible supervaluational approach to modelling vague language that yields the usual meta-rules. They can also help us to determine the feasibility of other philosophical projects that rely on an analogous formalism, such as the project of defining logical consequence in terms of the preservation of an epistemic status. (shrink)

A commentary on Whitney Davis's essay 'Visuality and Vision: Questions for a Post-culturalist Art History' published in the same issue of Estetika.

In philosophy of music, formalists argue that pure instrumental music is unable to represent any content without the help of lyrics, titles, or dramatic context. In particular, they deny that music’s use of convention counts as a genuine case of representation because only intrinsic means of representing counts and conventions are extrinsic to the sound structures making up music. In this paper, I argue that convention should count as a way for music to genuinely represent content for two reasons. First, (...) the view that only intrinsic ways of representing counts is too stringent. If use can ground meaning in language, then use might also ground meaning (and representation) in music, too. Second, even if we were to insist on intrinsic features, convention should count as a way for music to genuinely represent because convention is an intrinsic feature of music. Without knowledge of musical systems and encultured listening, music wouldn’t even be recognized as music, so convention is already baked into our listening practices. (shrink)

The mathematical formalism of quantum theory has been known for almost a century, but its physical foundation has remained elusive. In recent decades, many physicists have noted connections between quantum theory and information theory. In this study, we present a physical account of the derivation of quantum theory's mathematical formalism based on information considerations in physical systems. We postulate that quantum systems are physical systems with only one independent adjustable variable. Using this physical postulate along with the conservation (...) of the total probability, we derive the standard Hilbert space formalism of quantum theory, including the Born probability rule. Our complete derivation of quantum theory provides a clear and concise physical foundation for the mathematical formalism of quantum mechanics. (shrink)