In this paper I will introduce a new compatibilist account of free action: indirect conscious control compatibilism, or just indirect compatibilism for short. On this account, actions are free either when they are caused by compatibilist‐friendly conscious psychological processes, or else by sub‐personal level processes influenced in particular ways by compatibilist‐friendly conscious psychological processes. This view is motivated by a problem faced by a certain family of compatibilist views, which I call conscious control views. These views hold that (...) we act freely when we act in a way that is caused by certain conscious psychological processes. One problem for such views is that current neuroscience suggests that most of our actions are not caused by such processes. Instead, many of the actions we typically suppose are free are caused by sub‐personal level processes and hence would count as not free according to contemporary conscious control views. I argue, contra these views, that many actions caused by these sub‐personal level processes are indirectly free. Further, most of the actions we ordinarily judge to be free are free in this indirect manner. (shrink)

Martin Luther affirms his theological position by saying “Here I stand. I can do no other.” Supposing that Luther’s claim is true, he lacks alternative possibilities at the moment of choice. Even so, many libertarians have the intuition that he is morally responsible for his action. One way to make sense of this intuition is to assert that Luther’s action is indirectly free, because his action inherits its freedom and moral responsibility from earlier actions when he had alternative possibilities (...) and those earlier directly free actions formed him into the kind of person who must refrain from recanting. Surprisingly, libertarians have not developed a full account of indirectly free actions. I provide a more developed account. First, I explain the metaphysical nature of indirectly free actions such as Luther’s. Second, I examine the kind of metaphysical and epistemic connections that must occur between past directly free actions and the indirectly free action. Third, I argue that an attractive way to understand the kind of derivative moral responsibility at issue involves affirming the existence of resultant moral luck. (shrink)

“Freedom” is a phenomenon in the natural world. This phenomenon—and indirectly the question of free will—is explored using a variety of systems-theoretic ideas. It is argued that freedom can emerge only in systems that are partially determined and partially random, and that freedom is a matter of degree. The paper considers types of freedom and their conditions of possibility in simple living systems and in complex living systems that have modeling subsystems. In simple living systems, types (...) of freedom include independence from fixed materiality, internal rather than external determination, activeness that is unblocked and holistic, and the capacity to choose or alter environmental constraint. In complex living systems, there is freedom in satisfaction of lower level needs that allows higher potentials to be realized. Several types of freedom also manifest in the modeling subsystems of these complex systems: in the transcending of automatism in subjective experience, in reason as instrument for passion yet also in reason ruling over passion, in independence from informational colonization by the environment, and in mobility of attention. Considering the wide range of freedoms in simple and complex living systems allows a panoramic view of this diverse and important natural phenomenon. (shrink)

A fundamental entity is an entity that is ‘ontologically independent’; it does not depend on anything else for its existence or essence. It seems to follow that a fundamental entity is ‘modally free’ in some sense. This assumption, that fundamentality entails modal freedom (or ‘FEMF’ as I shall label the thesis), is used in the service of other arguments in metaphysics. But as I will argue, the road from fundamentality to modal freedom is not so straightforward. The defender (...) of FEMF should provide positive reasons for believing it, especially in light of recent views that are incompatible with it. I examine both direct and indirect routes to FEMF. (shrink)

Kant’s view that freedom is a “kind of causality” seems to conflict with his claim that the categories of the understanding – including causality – can only be applied objectively to sensible phaenomena, never to supersensible noumena, as freedom is only possible for the latter. I argue that only Kant’s theory of symbolic presentation, according to which the category of cause is applied merely analogically to freedom, can dispel this threatening inconsistency. Unlike it is commonly thought, one (...) cannot here use the category of cause in its unschematised form to think freedom as causality, for its mere logical significance does not suffice for the practical reality of freedom. Symbolic cognition in turn is not unschematised but indirect schematized presentation. Ultimately I will show that symbolic cognition is a necessary condition of moral agency – but not of morality itself – for without it we could not cognize and hence self-consciously use our freedom to act from the moral law. (shrink)

In spite of its everyday connotations, the term independence as republicans understand it is not a celebration of individualism or self-reliance but embodies an acknowledgement of the importance of personal and social relationships in people’s lives. It reflects our connectedness rather than separateness and is in this regard a relational ideal. Properly understood, independence is a useful concept in addressing a fundamental problem in social philosophy that has preoccupied theorists of relational autonomy, namely how to reconcile the idea of individual (...) human agency with the inevitable and necessary influence of other people, both directly and indirectly. I derive my account from the work of Mary Wollstonecraft and Catharine Macaulay, whose contributions have remained largely overlooked by current republican theorists. I have three purposes in this chapter. First, I set out the relational character of independence. Secondly, I outline a republican approach to the problem of structural social threats to agency. Finally, I hope to establish the basis for a fruitful dialogue between republicans and relational autonomy theorists on the requirements and dynamics of individual agency and freedom in oppressive social situations. I identify three distinctive features of the internal logic of freedom as independence that give it a relational character: it always locates the person within a community; there is a mediating role played by the notion of arbitrariness in connecting individual and collective perspectives; a causal relationship exists linking each person’s freedom as independence such that that the dependence of one class of persons jeopardizes the independence of the whole community. (shrink)

This paper aims to examine human freedom and habits based on justice. The main issue guiding this research is how justice can direct human freedom and habits to create equality in the state, and the authors use a historical-factual approach to the thought of St. Thomas Aquinas to sketch out how this can be achieved. The main result of this research shows that justice is a moral virtue which perfects the will and directs human acts for good. Justice (...) is also called a habit because it perfects the will and inclines the will to give each man what is his, equality. It implies equality because it relates to others and indicates a significant relationship with others. Justice is principally in rulers because of their primary authority and competency, while it is secondary and administrative in the people. Power exists among the people through the law to bring the common good, whereas the people are indirectly present in the state community through obedience to the law. However, the law can be unjust because power prioritizes the interests of capital owners over those of the vulnerable. This practice is common because power benefits from their existence. Furthermore, when power moves away from the common good in favor of itself, the classical notion of justice suggests depriving those in power of their rights of appointment and leaving the offices of state to the best. Therefore, the people have to strive diligently to provide good leaders and keep them from falling under tyranny. (shrink)

The choice of tracking Hegel’s reception in the Arab world in order to explore the connections between modernity and colonialism is an excellent one, since it was Hegel himself who inaugurated the explicit philosophical discourse of modernity (Habermas 1990: 4-5). Ventura’s book is divided into three parts of roughly equal length of around fifty pages each. The first part provides an overview of Hegel’s philosophy of history, and of the place of Arab peoples and Islam in his philosophy of history. (...) This section allows Ventura to put forward some of her own interpretations in relation to questions that are the objects of controversy in the secondary literature on Hegel. In general, Ventura’s account of Hegel’s views on Arabs and Islam draws attention to the internal differentiation which characterized ‘Orientalism’ as a discourse. The second part of the book deals with the indirect reception of Hegel in nineteenth century Ottoman Syria (which encompassed modern day Lebanon, Syria, Palestine and Jordan). Ventura’s salutary emphasis on internal differentiation is one of the strengths of this part of the book. She emphasizes the differences between the American Protestant missionaries who founded the Syrian Protestant College in 1866 and the French Jesuits who founded the Université Saint-Joseph in 1880. Ventura argues that the American Protestant missionaries were influenced by Hegel (58), whereas the French Jesuits were not (59). The third part of the book attempts to provide an account of the direct reception of Hegel in the Arab world which, according to Ventura, only begins in the 1960s and 1970s. Ventura’s account of the contemporary reception of Hegel is based on the research that she conducted in Syria and Lebanon in 2009-2010, which involved conducting interviews with prominent Syrian and Lebanese philosophers and examining libraries. While the title of the book might suggest that it aims to provide an account of the reception of Hegel in the Arab world as a whole, the focus is really on the reception of Hegel in modern day Syria and Lebanon, with Egypt being given rather cursory treatment. (shrink)

This study in moral, political, and legal philosophy contends that it is morally impermissible to circumcise male minors without a medical indication (nontherapeutic circumcision). Male minors have a moral anticipatory autonomy right-in-trust not to be circumcised. This right depends on norms of autonomy and bodily integrity. These norms generate three direct non-consequentialist arguments against nontherapeutic circumcision: (1) the loss of nonrenewable functional tissue, (2) genital salience, and (3) limits on a parental right to permanently modify their sons' bodies. An (...) class='Hi'>indirect argument holds (4) that if it is morally impermissible to remove the female prepuce (clitoral hood), then it is also morally impermissible to remove the male prepuce (foreskin). Although there is debate across medical cultures, a reasonable understanding supports the claim that nontherapeutic circumcision causes some harms and imposes unwarranted risks on male minors. The overall moral case applies to secular circumcisions and, with some qualifications, to religious circumcisions in Judaism and Islam. Arguments of political philosophy that invoke the freedom of religion, toleration, multiculturalism, and social meaning qualify somewhat, but do not eliminate, the case against circumcising male minors without a medical indication. Nevertheless, the arguments deployed in this study do not warrant legal interference at this time with secular and religious practices of nontherapeutic circumcision. (shrink)

According to intellectualists, the will is a rational inclination towards apprehended goodness. This conception of the will makes its acts intelligible: they are explained by (i) the nature of the will as a rational inclination, and (ii) the judgement of the intellect that moves the will. From this it follows that it is impossible for an agent to will evil as such or for its own sake. In explaining wrongdoing intellectualists cite cognitive error or the disruptive influences of the passions; (...) these considerations, however, seem involuntary and at least partly exculpatory. The intellectualist needs an account that renders wrongful actions intelligible without undermining their status as responsible. I argue that Leibniz has the theoretical tools to provide at least part of an answer to this problem. In sum, an agent is directly responsible for her wrongdoing if the cognitive error or the disruptive influence of the passions that help explain this wrongdoing do not completely undermine her acting freely; an agent is indirectly responsible for her wrongdoing if she is directly responsible for previous actions which partly resulted in her wrongdoing, even if the presence of cognitive error or disruptive influence of the passions completely undermines her acting freely. (shrink)

The distinction of things in themselves and appearances is an integral part of Kant’s transcendental idealism, yet it has often been met with rather significant hostility. Moreover, what surely has not contributed to the popularity of this Kantian doctrine is that there are, or at least there appear to be, two distinct models, detectable in Kant’s texts, to account for this distinction. Most commonly, these two models are called the “two aspect view” on the one hand and the “two world (...) view” on the other, but it is possible that these labels themselves invite misunderstandings and obscure rather than clarify what Kant had in mind with his distinction. In this paper, I shall first briefly discuss how these two models could be described and labelled in a more suitable manner, namely as the “one composite entity view” and the “two separate objects view”. Subsequently, I will enquire which of the models is pertinent for Kant’s solution to the 3rd antinomy. I will try to show that although the two models appear to be incompatible, it is at least plausible to read Kant as using both of them in this crucial text of his oeuvre. Moreover, Kant’s strategy in solving the freedom problem on the basis of an indirectly realist account of the divine intellect provides the clue to understanding how these seemingly incompatible models can co-exist without forcing Kant into maintaining contradictory claims. (shrink)

According to the Free Will Explanation of a traditional view of hell, human freedom explains why some people are in hell. It also explains hell’s punishment and finality: persons in hell have freely developed moral vices that are their own punishment and that make repentance psychologically impossible. So, even though God continues to desire reconciliation with persons in hell, damned persons do not want reconciliation with God. But this moral vice explanation of hell’s finality is implausible. I argue that (...) God can and would make direct or indirect alterations in their character to give them new motivational reasons that re-enable their freedom to repent. Subsequently, I argue that it is probable that each damned person will be saved eventually, because there is a potential infinity of opportunities for free repentance. Thus, if the Free Will Explanation’s descriptions of hell and divine love are correct, it is highly probable that each person in hell escapes to heaven. (shrink)

In recent decades, the intertwining ideas of self-determination and well-being have received tremendous support in bioethics. Discussions regarding self-determination, or autonomy, often focus on two dimensions—the capacity of the patient and the freedom from external coercion. The practice of obtaining informed consent, for example, has become a standard procedure in therapeutic and research medicine. On the surface, it appears that patients now have more opportunities to exercise their self-determination than ever. Nonetheless, discussions of patient autonomy in the bioethics literature, (...) which focus on individual patients making particular decisions, neglect the social structure within which health-care decisions are made. Looking through the lens of disability and informed by the feminist conception of relational autonomy, this essay argues that the issue of autonomy is much more complex than the individualist model suggests. The social system and the ableist ideology impose various forms of pressure or oppressive power that can affect people’s ability to choose according to their value system. Even if such powers are not directly coercive, they influence potential parents’ decisions indirectly—they structure their alternatives in such a way that certain options are never considered as viable and other decisions must be made. This paper argues that, instead of only focusing on the individual act of decision-making, we need to pay attention to the social structure that frames people’s decision. (shrink)

In its January 20th, 2010 decision in Citizens United vs. Federal Election Commission, the United States Supreme Court ruled that certain restrictions on independent expenditures by corporations for political advocacy violate the First Amendment of the Constitution, which provides that “Congress shall make no law […] abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.” Justice Kennedy, writing for the 5-4 (...) majority, held that “[b]y suppressing the speech of manifold corporations, both for-profit and non-profit, the Government prevents their voices and view-points from reaching the public and advising voters on which person or entities are hostile to their interests” (Citizens United vs. Federal Election Commission 558 U.S. 38-9 (2010); emphasis added). Much of the language of the opinion, and some of its reasoning, as this passage illustrates, presupposes that corporations are agents capable of speech, and that it is (at least in part) in the light of this that limitations on political advocacy by corporations are prohibited by the Constitution. -/- While there are other strands in the argument, they are interwoven with the conception of the corporation as agent and speaker, with its voice and its viewpoints. The dissenters on the court objected on precisely this point (among others). Justice Stevens wrote sarcastically in his dissent, joined by Justices Ginsburg, Breyer, and Sotomayor, that “[u]nder the majority’s view, I suppose it may be a First Amendment problem that corporations are not permitted to vote, given that voting is, among other things, a form of speech” (558 U.S. 33 (2010)). Justice Sotomayor suggested in oral argument that the Court’s century-old practice of treating corporations as persons rests on a conceptual mistake. -/- My concern in this essay is not with the question whether the restrictions violate the Constitution. There are many issues that bear on this which will be outside the scope of my discussion. My concern is with the proper conceptual framework for understanding the agency of corporations and corporate speech, and the role that conceptions of these play in the background of the majority’s reasoning. The issue is legal, but it also has philosophical, conceptual and semantic aspects. It will be the latter aspects, and their potential to shed light on legal reasoning, that are my main focus. An adequate framework requires saying what properly speaking the corporation is, how agency is expressed through the corporation, whose agency it is, centrally whether the corporation is an agent or person in its own right, and in what sense it can be said to be capable of speech. I draw on recent work in collective action theory, particularly with respect to the semantics of collective action sentences (Ludwig 2007) and the analysis of the proxy agency in collective action (Ludwig 2014), to show (i) that corporations are neither genuine agents nor (therefore) capable of engaging in genuine speech, (ii) that consequently the First Amendment does not apply to corporations per se, and (iii) that a better understanding of the mechanisms of corporate agency casts doubt on more indirect arguments for extending the First Amendment to “corporate speech” as well. (shrink)

Kant’s arguments for the reality of human freedom and the normativity of the moral law continue to inspire work in contemporary moral philosophy. Many prominent ethicists invoke Kant, directly or indirectly, in their efforts to derive the authority of moral requirements from a more basic conception of action, agency, or rationality. But many commentators have detected a deep rift between the _Groundwork for the Metaphysics of Morals_ and the _Critique of Practical Reason_, leaving Kant’s project of justification exposed to (...) conflicting assessments and interpretations. In this major re-reading of Kant, Owen Ware defends the controversial view that Kant’s mature writings on ethics share a unified commitment to the moral law’s primacy. Using both close analysis and historical contextualization, Owen Ware overturns a paradigmatic way of reading Kant’s arguments for morality and freedom, situating them within Kant’s critical methodology at large. The result is a novel understanding of Kant that challenges much of what goes under the banner of Kantian arguments for moral normativity today. (shrink)

Although the Libertarian Party has gained traction as the third biggest political party in the United States, the philosophical grounding of the party, which is exemplified by Robert Nozick’s entitlement theory is inherently flawed. Libertarianism’s emphasis on a free market leads to gross inequalities since it has no regard for sacred rights other than one’s right to freedom from interference from the government beyond what is essential for societal functioning. I argue that Nozick’s entitlement theory leads to indirect (...) injustice and is therefore an unfitting philosophical theory, which means that the Libertarian Party’s platform is flawed. (shrink)

In this paper, I join the so-called voluntarism debate on Descartes’s theory of will and judgment, arguing for an indirect doxastic voluntarism reading of Descartes, as opposed to a classic, or direct doxastic voluntarism. More specifically, I examine the question whether Descartes thinks the will can have a direct and full control over one’s suspension of judgment. Descartes was a doxastic voluntarist, maintaining that the will has some kind of control over one’s doxastic states, such as belief and doubt. (...) According to a long-held reading, the control that the will has over doxastic states in Descartes’s theory is direct; the doxastic states are affected by the mere act of will. This reading is called direct doxastic voluntarism (DDV), or direct voluntarism (DV) for short, and it states that we are capable of assenting, rejecting and suspending a judgment based only on our will to do so. Thus, these actions would be utterly and merely volitional. DV can be divided into two further positions, direct positive voluntarism (+DV) and direct negative voluntarism (-DV). Direct positive voluntarism deals with the act of forming judgments, maintaining that one can accept or deny a proposition wilfully and either merely believe or not believe something voluntarily. Direct negative voluntarism deals with the suspension of judgment, maintaining that it can likewise be accomplished by a simple act of will. However, I support an alternate account of Descartes’s voluntarism, which is called indirect doxastic voluntarism (IDV), or indirect voluntarism (IV) for short. By this account, the will is capable of affecting a doxastic state indirectly by making one concentrate on essential tasks for forming that state, such as gathering up and paying attention to strong reasons and evidence. IV is also possible to divide into indirect positive voluntarism (+IV) and indirect negative voluntarism (-IV). Per indirect positive voluntarism the will needs to pay attention to reasons for accepting or denying some proposition. Likewise, by indirect negative voluntarism, in order to suspend judgment the will needs to direct this attention to the reasons for doubt. By attending to these reasons, the will also comes face-to-face with its own freedom. This feeling of freedom can be described as affectivity of the reasons for belief (assent) and doubt (suspension). (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

The anti-counterfeiting trade agreement was originally meant to harmonise and enforce intellectual property rights provisions in existing trade agreements within a wider group of countries. This was commendable in itself, so ACTA’s failure was all the more disappointing. In this article, I wish to contribute to the post-ACTA debate by proposing a specific analysis of the ethical reasons why ACTA failed, and what we can learn from them. I argue that five kinds of objections—namely, secret negotiations, lack of consultation, vagueness (...) of formulation, negotiations outside any international body, and the creation of a new governing body outside already existing forums—had only indirect ethical implications. This takes nothing away from their seriousness but it does make them less compelling, because agreements should be evaluated, ethically, for what they are, rather than for the alleged reasons why they are being proposed. I then argue that ACTA would have caused three ethical problems: an excessive and misplaced kind of responsibility, a radical decrease in freedom of expression, and a severe reduction in information privacy. I conclude by indicating three lessons that can help us in shaping a potential ACTA 2.0. First, we should acknowledge the increasingly vital importance of the framework of implicit expectations, attitudes, and practices that can facilitate and promote morally good decisions and actions. ACTA failed to perceive that it would have undermined the very framework that it was supposed to foster, namely one promoting some of the best and most successful aspects of our information society. Second, we should realise that, in advanced information societies, any regulation affecting how people deal with information is now bound to influence the whole ‘onlife’ habitat within which they live. So enforcing IPR becomes an environmental problem. Third, since legal documents, such as ACTA, emerge from within the infosphere that they affect, we should apply to the process itself, which one day may lead to a post-ACTA treaty, the very framework and ethical values that we would like to see promoted by it. (shrink)

This research examines the implications of religious moderation on interfaith marriages in the city of Manado. The method used is qualitative with a case study approach; data collection is through observation, interviews, and documentation, which is then processed using the triangulation method. The findings show that religious moderation indirectly influences the sustainability of interfaith marriages in Manado. The implications are realized in the form of religious moderation, which aims to eliminate or minimize violence in the name of religion and uphold (...) diversity through upholding the values of tolerance, thereby increasing guarantees for the continuity of interfaith marriages. These implications become more complex than the laws governing interfaith marriages, especially the Marriage Law (UU Number 16 of 2019) and the Compilation of Islamic Law (KHI). The implications of religious moderation in interfaith marriages underscore the need for legal transformation that recognizes religious diversity as a social asset, encourages interreligious dialogue, and ensures that legal regulations do not hinder individual religious freedom. Encouraging policy reforms that respect differences in beliefs is crucial in creating inclusive spaces and respecting human rights in interfaith marriages. (shrink)

Volition and Allied Causal Concepts is a work of aetiology and metapsychology. Aetiology is the branch of philosophy and logic devoted to the study of causality (the cause-effect relation) in all its forms; and metapsychology is the study of the basic concepts common to all psychological discourse, most of which are causal. Volition (or free will) is to be distinguished from causation and natural spontaneity. The latter categories, i.e. deterministic causality and its negation, have been treated in a separate work, (...) The Logic of Causation. Volition may be characterized as personal causality, a relation between an agent (the self or soul) and his actions (acts of will). Unlike causation, this relation cannot be entirely defined using conditional (if–then) propositions. Although we can say that the agent is a sine qua non of his actions, we cannot say that the agent is invariably (in all or specific circumstances) followed by his actions. It appears that both an act of will and its negation remain possible to a soul in any given set of circumstances. This defines freedom of the will, and implies the responsibility of the agent for his actions. Introspection provides knowledge of particular acts of will. The existence of freewill implies a distinction between necessary causation (determinism independent of volition) and inertial causation (determinism, except when some contrary will interferes). An act of will occurs on a spiritual plane. It may have natural (mental or physical) consequences; those that inevitably follow it may be regarded as directly willed, whereas those that vary according to circumstances must be considered indirectly willed. Volition presupposes some degree of consciousness. So-called involuntary acts of will involve a minimum of attention, whereas mindful acts are fully conscious. Even pure whim involves intention. Most volitions moreover involve valuation, some sort of projection of goals, deliberation on means, choice and decision. To judge responsibility, various distinctions are called for, like that between intentional, incidental and accidental consequences. Volitional action can be affected through the terms and conditions of the world surrounding its agent, but also more intimately through the influence of concrete or abstract aspects of that world that the subject has cognized. The causal concept of influence, and its implication of cognition (of inner or outer information, including emotions), are crucial to measuring the effort involved in volition. Influences make willing easier or harder, yet do not curtail its essential freedom. All the causal concepts used in psychological explanation – affections, appetites, instincts, habits, obsessions, compulsions, urges and impulses – can be elucidated thanks to this important finding. Much of human (and animal) behavior can thus be both acknowledged as volitional and as variously influenced. Volition and Allied Causal Concepts is a work of ambitious scope, intent on finally resolving philosophical and logical issues that have always impeded progress in psychology. It clarifies the structure and workings of the psyche, facilitating hygienic and therapeutic endeavors. The relation between volition and physical laws is discussed, as is the place of volition in biology. Concepts used in biology, analogous to that of purpose, are incidentally analyzed. Theological issues are also dealt with, as are some topics in ethics and law. (shrink)

It is the conclusion advanced in this paper that there is a necessary and sufficient causal relationship between theory of mind and the neurological creation of conscious and unconscious quantum logic existing in superposition in the human brain. It takes two intelligent agents to make one self-aware agent. -/- A key element of my reasoning is the instantiation of superposition by way of a logical device I call the “state-system.” The newly conscious human remains unaware of the inner transformation caused (...) by theory of mind because, unlike a change of state within a quantum system, a change in the system itself is unobservable from within the system. This hides the dual nature of human self-awareness and preserves superposition with the unconscious. Only the internal state of the other is observed to start. The simultaneous split creating consciousness and the unconscious is not observed. Further, once this superposition is observed, it is suggested that human consciousness achieves a new state that is the next step in the evolution of human experience; quantum interbeing. The result of quantum consciousness is the ability to perceive superposition without reducing it into one of its components, while maintaining the integrity of each. It also confirms freedom of choice. After learning to hold two ideas simultaneously, the mind experiences itself as free by virtue of its ability to choose sides in the moment of observation, eliminating the quantum firewall that is determinism. -/- We start by looking at four key scientific works: the 1978 Vernon Mountcastle paper, the Sebastian Schepis paper of 2023, and the recent work of Allan Schore, all resting upon the well-known foundational quantum mechanical interpretation of Carlo Rovelli. They are each connected in indirect but profound ways. In the Mountcastle, it is argued that intelligence is a matter of scale—an argument based on the uniform appearance of all functionally unique command centers in the neocortex, and of their universal constituents: cortical columns. In the Schepis, it is argued that consciousness is a quantum phenomenon that requires the existence of two intelligent agents in logical superposition. And in the work of Schore, the key direction in neuropsychological research is established as interpersonal neurobiology and—implicitly—theory of mind. -/- These works collectively support a path to quantum consciousness as the logical consequence of intelligence scaling. Its implications include the invalidation of the ontological basis of the science of physics. Physical existence is real, but only as a metaphor for quantum informational processes. In his seminal 1996 paper “Relational Quantum Mechanics” Carlo Rovelli laid down the bedrock upon which my conclusions rest. In it he proposes that the reader “consider a reformulation of quantum mechanics in terms of information theory.” He posits that physical objects are not real. Only interactions between nodes in the network of quantum information are fundamental. He thus nullifies the measurement problem in quantum mechanics and shifts its ontology from the physical to the informational. -/- This paper seeks to validate his proposal while establishing the logical inevitability of human quantum consciousness as a consequence of the diverse but convergent research cited here. (shrink)

Abstract: This review is based on the issues connected with wife beating in Nigeria which are reflections in so many other developing countries in Africa and Asia. Wife beating is one of the many dimensions of gender issues that threatens social freedom of women and increases mental and health burdens among victims, and indirectly affects their children, family members and the society at large. Yet there is a great degree of social acceptance of the issue as a form of (...) chastisement of wives and socio-cultural norm in most of the African countries, especially in the rural areas. (shrink)

This poetic analysis queries what it means to be human and alive at a time of interrupted pandemic realities. We draw a link between Søren Kierkegaard and our contemporary Louise Glück in their focus on an individual battling with fears, who goes their own way defying norms and conventions. How does Kierkegaard in The lily of the field and the bird of the air (1849) metaphorically show us the way to finding inner peace and a sense of solace in that (...) which is supposedly less, and teach us to appreciate the divinity found in nature? What does Glück teach us about resilience in collections of poetry The wild iris (1992) and Averno (2006)? How do the two thematically converge and indirectly advocate for a life of stoic resilience where, with individual freedom as our end goal, we learn to endure anguish and pain – embracing suffering as a way forward? (shrink)

Can we trace back consciousness, reality, awareness, and free will to a single basic structure without giving up any of them? Can the universe exist in both real and individual ways without being composed of both? This dialogue founds consciousness and freedom of choice on the basis of a new reality concept that also includes the infinite as far as we understand it. Just the simplest distinction contains consciousness. It is not static, but a constant alternation of perspectives. From (...) its entirety and movement, however, there arises a freedom of choice being more than reinterpreted necessity and unpredictability. Although decisions ultimately involve the whole universe, they are also free in varying degrees here and now. The unity and openness of the infinite enables the individual to be creative while this creativity directly and indirectly enters into all other individuals without impeding them. A contrary impression originates only in a narrowed awareness. But even the most conscious and free awareness can neither anticipate all decisions nor extinguish individuality. Their creativity is secured. (shrink)

When allocating scarce healthcare resources, the expected benefits of alternative allocations matter. But, there are different kinds of benefits. Some are direct benefits to the recipient of the resource such as the health improvements of receiving treatment. Others are indirect benefits to third parties such as the economic gains from having a healthier workforce. This article considers whether only the direct benefits of alternative healthcare resource allocations are relevant to allocation decisions, or whether indirect benefits are relevant too. (...) First, we distinguish different conceptions of direct and indirect benefits and argue that only a recipient conception could be morally relevant. We analyze four arguments for thinking that indirect benefits should not count and argue that none is successful in showing that the indirectness of a benefit is a good reason not to count it. We conclude that direct and indirect benefits should be evaluated in the same way. (shrink)

Abstract: An indirect report typically takes the form of a speaker using the locution “said that” to report an earlier utterance. In what follows, I introduce the principal philosophical and pragmatic points of interest in the study of indirect reports, including the extent to which context sensitivity affects the content of an indirect report, the constraints on the substitution of co-referential terms in reports, the extent of felicitous paraphrase and translation, the way in which indirect reports (...) are opaque, and the use of indirect reports as pragmatic vehicles for other speech acts such as humor, insult, or irony. Throughout I develop several positions: (i) that a semantic analysis of indirect reports is insufficient, (ii) that the distinction between direct and indirect reports is not clear and that indirect reports are the predominate way of reporting while direct reports may be a para-linguistic variation on them, (iii) that most questions about the semantics and pragmatics of indirect reports will rely on a full understanding of the nature of what is reported and how it gets reported, (iv) that an analysis of reporting requires the pragmatic tools of metarepresentation and a social, inter-personal understanding of relevance and shared knowledge. (shrink)

Can supervaluationism successfully handle indirect speech reports? This chapter considers, and rejects, Schiffer’s claim that they cannot. One alleged problem with indirect speech reports is that the truth of “Carla said that Bob is tall” implausibly requires that Carla said all of a huge number of precise things (i.e. that Bob was over n feet tall, for values of n corresponding to precisifications of “tall”). The paper shows why the supervaluationist is not committed to this. Vague singular terms (...) are no particular problem for supervaluationism within indirect speech reports, it is argued, but there remain some issues surrounding certain vague demonstratives. The supervaluationist has good responses available, however, and any remaining questions face all theories of vagueness and are more appropriately addressed within a theory of demonstratives rather than a theory of vagueness. (shrink)

Institutions promoting republican freedom as non-domination are commonly believed to differ significantly from institutions promoting negative freedom as non-interference. Philip Pettit, the most prominent contemporary defender of this view, also maintains that these republican institutions are neutral between the different conceptions of the good that characterise a modern society. This paper shows why these two views are incompatible. By analysing the institutional requirements Pettit takes as constitutive of republican freedom, I show how they also promote negative (...) class='Hi'>freedom by reducing overall interference. To avoid this result, republican institutions must be more restrictive and require that citizens conform to a life of political engagement. But then republican freedom will not be a neutral ideal. Rejecting negative freedom therefore means sacrificing neutrality. (shrink)

The purpose of this paper is to assess the general viability of Donald Davidson's paratactic theory of indirect discourse, as well as the specific plausibility of a reincarnated form of the Davidsonian paratactic theory, Gary Kemp's propositional paratactic theory. To this end I will provide an introduction to the Davidsonian paratactic theory and the theory's putative strengths, thereafter noting that an argument from ambiguity seems to effectively undermine Davidson's proposal. Subsequently, I will argue that Kemp's modification of Davidson's theory (...) – that is, Kemp's attempt to respond to the ambiguity objection – adequately handles the classic argument from ambiguity but fails in the face of a new problem of ambiguity that I will introduce. Finally, I will argue that there are more devastating and basic problems for the paratactic theory generally, and that even if Kemp's modifications had succeeded, they would not have given adequate plausibility to the paratactic proposal. (shrink)

ABSTRACT: One-page entry on freedom in the philosophical (as opposed to political) sense in antiquity, noting (among other things) that a notion of freedom of choice that requires that the person not be causally predetermined in his/her actions is developed only in the 1st-3rd cents. CE in Alexander of Aphrodisias, building on elements of Aristotelian ethics and logic, Stoic psychology and perhaps Christian and Middle Platonic influences. Both German version (1998) and English translation (2011).

This article argues that, as commonly understood, indirect discrimination is not necessarily unjust: 1) indirect discrimination involves the disadvantaging in relation to a particular benefit and such disadvantages are not unjust if the overall distribution of benefits and burdens is just; 2) indirect discrimination focuses on groups and group averages and ignores the distribution of harms and benefits within groups subjected to discrimination, but distributive justice is concerned with individuals; and 3) if indirect discrimination as such (...) is unjust, strict egalitarianism has to be the correct account of distributive justice, but such egalitarianism appears vulnerable to the leveling down objection (whether decisively or not), and many theorists explicitly reject strict egalitarianism anyway. The last point threatens the position of liberals who oppose indirect discrimination but think significant inequalities can be just. (shrink)

Freedom of speech in universities is currently an issue of widespread concern and debate. Recent empirical findings in the UK shed some light on whether speech is unduly restricted in the university, but it suffers from two limitations. First, the results appear contradictory. Some studies show that the issue of free speech is overblown by media reportage, whilst others track serious concerns about free speech arising from certain university policies. Second, the findings exclude important issues concerning restrictions to speech (...) on campus that fall outside of the traditional debate around violations to free speech rights. This is particularly the case when certain voices are excluded from important policy conversations, and in issues around diversifying the curriculum. This paper overcomes these two limitations by developing a novel conceptual framework within which to situate current debates concerning speech related matters in universities. It does so by developing a taxonomy around the concept of ‘silencing’. It then considers the current issue of speech matters in universities within this framework to determine whether, and to what extent, speech is indeed unduly restricted, and where this is a concern for free speech violations, and where it falls outside of this issue. (shrink)

At the core of republican thought, on Philip Pettit’s account, lies the conception of freedom as non-domination, as opposed to freedom as noninterference in the liberal sense. I revisit the distinction between liberal and republican freedom and argue that republican freedom incorporates a particular rule-of-law requirement, whereas liberal freedom does not. Liberals may also endorse such a requirement, but not as part of their conception of freedom itself. I offer a formal analysis of this (...) rule-of-law requirement and compare liberal and republican freedom on its basis. While I agree with Pettit that republican freedom has broader implications than liberal freedom, I conclude that we face a trade-off between two dimensions of freedom (scope and robustness) and that it is harder for republicans to solve that trade-off than it is for liberals. Key Words: freedom • republicanism • liberalism • noninterference • non-domination • rule of law • robustness • liberal paradox. (shrink)

Health policy is only one part of social policy. Although spending administered by the health sector constitutes a sizeable fraction of total state spending in most countries, other sectors such as education and transportation also represent major portions of national budgets. Additionally, though health is one important aspect of economic and social activity, people pursue many other goals in their social and economic lives. Similarly, direct benefits—those that are immediate results of health policy choices—are only a small portion of the (...) overall impact of health policy. This chapter considers what weight health policy should give to its “spill-over effects,” namely non-health and indirect benefits. (shrink)

Two competing models of metaaxiological justification of politics are analyzed. Politics is understood broadly, as actions which aim at organizing social life. I will be, first of all, interested in law making activities. When I talk about metaaxiological justification I think not so much about determinations of what is good, but about determinations refering to the way the good is founded, in short: determinations which answer the question why something is good. In the first model, which is described here as (...) objectivistic, it is assumed that determining that which is good is a matter of cognition; in the second model, which could be described here as voluntaristic or excedingly liberal, it is assumed that determining good is not a matter of cognition but of will – something is good because it is wanted. In the latter model, the cognoscibility of good is rejected and therefore the objective criteria for evaluation of which ‘will’ is better and which is worse are rejected. As a consequence, negative freedom becomes the fundamental value of social order and the basic requirement is that of maximizing the sphere of individual’s free actions, the sphere which is free from interference of other individuals or institutions. I am going to argue that none of these models is acceptable as a basis of oragnizing social life, and at least because of one reason. Each of them leads to a certain version of totalitarianism. In the conclusion I am going to present a mixed model, which, in my opinion, reflexes well the practice of democratic states. Analysis of these three models allows, first of all, to identify more clearly some of the problems appearing in making law, including procedural questions. By pointing at the interdependence of the foundations of good and law making procedures it is argued that the choice of the concept of good (a metaaxiological choice) is primary to the choice of law making procedures. (shrink)

Much recent philosophical work on social freedom focuses on whether freedom should be understood as non-interference, in the liberal tradition associated with Isaiah Berlin, or as non-domination, in the republican tradition revived by Philip Pettit and Quentin Skinner. We defend a conception of freedom that lies between these two alternatives: freedom as independence. Like republican freedom, it demands the robust absence of relevant constraints on action. Unlike republican, and like liberal freedom, it is not (...) moralized. We show that freedom as independence retains the virtues of its liberal and republican counterparts while shedding their vices. Our aim is to put this conception of freedom more firmly on the map and to offer a novel perspective on the logical space in which different conceptions of freedom are located. (shrink)

This article argues in favor of Open conception of divinity and theology in Islam. In Section 1, I explain the main textual difference between traditional transcendent conception of divinity and the open conception. Then, I will demonstrate the essential elements of this theology according to the various interpretations of the texts. I will then introduce a different meaning of God’s power as freedom bestowment. Next, I will argue that open theology can be supported rationally through its capability to dissolve (...) some philosophical concerns of theism. It will be concluded that since in the modern era, human beings have changed their position in the world consciously, this change in the position of the man-world state definitely affects our epistemic position toward God, which is our theology. Nowadays, after challenging the sociopolitical paternalistic hierarchy of the world, we become more ready to understand the immanence, nearness, and love of God instead of seeing Him as the almighty King who governs the world from an eternal and too transcendent position. In my view, Open theology could be a fruitful avenue for Islamic theology to pursue as it seeks to answer the emerging questions concerning Man–God relationship in our modern world. (shrink)

The keeping of captive animals in zoos and aquariums has long been controversial. Many take freedom to be a crucial part of animal welfare and, on these grounds, criticise all forms of animal captivity as harmful to animal welfare, regardless of their provisions. Here, we analyse what it might mean for freedom to matter to welfare, distinguishing between the role of freedom as an intrinsic good, valued for its own sake and an instrumental good, its value arising (...) from the increased ability to provide other important resources. Too often, this debate is conducted through trading intuitions about what matters for animals. We argue for the need for the collection of comparative welfare data about wild and captive animals in order to settle the issue. Discovering more about the links between freedom and animal welfare will then allow for more empirically informed ethical decisions regarding captive animals. (shrink)

We take it for granted that commonly we act freely and we are generally morally responsible for what we do when we so act. Can there be such a thing as freely omitting to act, or freely refraining or forbearing, and can we be similarly responsible for omitting, refraining, and forbearing? This paper advances a view of freely omitting to act. In many cases, freedom in omitting cannot come to the same thing as freedom in acting, since in (...) many cases omitting to do a certain thing is not a matter of performing an action of any sort. There are nevertheless important similarities. It is argued, further, that we should view responsibility for omitting to act as capable of being basic or underived, not needing to derive from one’s responsibility for prior actions. Finally, brief consideration is given to a proposal concerning what is required for responsibility for omitting to do a certain thing. (shrink)

Although the idea of freedom has been well studied as an ideal in political philosophy, relatively little scholarship has focused on the human experience of freedom. Drawing on ethnographic research between 2012 and 2013, I examine how freedom was achieved by people who practice freeganism and freecycling in Hong Kong. I show that the freedom that these people pursue, either individually or collectively, is not a freedom without constraints but a freedom that must be (...) attained through the exercise of deliberation, restraint, and self-discipline. While freegans seek liberation by withdrawing from the world and practicing self-cultivation (chushi asceticism), freecyclers do so by engaging with worldly affairs in order to create social changes (rushi asceticism). In both cases, by reimagining freedom as ethical practices rather than a right that comes naturally with birth, freegans and freecyclers in Hong Kong are able to experience moments of freedom despite inevitable structural constraints. (shrink)

In this thesis, I will defend a new kind of compatibilist account of free action, indirect conscious control compatibilism (or indirect compatibilism for short), and argue that some of our actions are free according to it. My argument has three components, and involves the development of a brand new tool for experimental philosophy, and the use of cognitive neuroscience. The first component of the argument shows that compatibilism (of some kind) is a conceptual truth. Contrary to the current (...) orthodoxy in the free will literature, which is that our concept of free will is an incompatibilist concept - a concept according to which we have free will only if determinism is false - I will show that our concept of free will is in fact a compatibilist concept - a concept according to which we can have free will even if determinism is true - and I do so using a new experimental philosophy methodology inspired by two-dimensional semantics. -/- Of course, even if our concept of free will is a compatibilist concept, this does not mean that there are any free actions in the world: the current empirical evidence from the brain sciences appears to show that there might be no, or very few, free actions in the world, even on many compatibilist understandings of what it would take for there to be free will. The second component of the argument addresses this concern by extending our understanding of compatibilism. Agents act freely either when their actions are caused by compatibilistically acceptable psychological processes, or are indirectly caused by those same processes. Hence the name of my account: indirect compatibilism. -/- The final component of the argument defends my new account against some interesting objections and provides evidence from cognitive neuroscience that some of our actions count as free by the lights of indirect compatibilism. (shrink)

The notion of 'freedom' has gained an emblematic character in contemporary political discourse. It is, commonly, viewed as the central value and political goal of modern societies. Similarly, human rights documents conceive of freedom as their founding principle with universal validity. In contradistinction to this prevalent approach to freedom, this paper aims to demonstrate that freedom is, primarily, a political signifier with social-historical variability. One cannot, therefore, simply and uncritically assume that freedom has (or should (...) have) universal validity or transhistorical significance. In the first section of this paper, the structure of the contemporary liberal discourse on freedom is discussed and called into question. In light of Arendt's interpretation of freedom and through her analysis of the public domain, I reflect on the social-historical variability of the meaning of freedom and its inextricable nexus with a particular form of society. In the second section and drawing on Castoriadis, the notion of 'freedom' is approached in view of human signifying practices and imaginary dimension of society. This examination reveals in what way freedom––in the sense of a central social imaginary signification––contributes to the institution of an autonomous mode of society and determines the affective disposition and intentional vector of its inhabitants. (shrink)

Abstract“Freedom” is a fundamental political concept: contestations or endorsements of freedom-conceptions concern the fundamental normative orientation of sociopolitical orders. Focusing on “freedom,” this article argues that the project of bringing about emancipatory sociopolitical orders is both aided by efforts at engineering fundamental political concepts as well as required by such ameliorative ambitions. I first argue that since the absence of ideology is a constituent feature of emancipatory orders, any attempt at bringing about emancipation should leverage genealogical approaches (...) in order to debunk existing ideological freedom-concepts, which can occur only by exposing the discursive functions these have come to serve for the (re-)production of dominant power relations. I then suggest that establishing and sustaining an alternative, ideology-free conception of “freedom” is a steeper task. Ensuring widespread uptake of any ameliorated concept is contingent on effective change in the relevant social environment. Where fundamental political concepts such as “freedom” are concerned, effective intervention in the relevant social environment requires radical sociopolitical change. But if such change can be brought about and enables the widespread uptake of an “improved” freedom-concept, the concept's content comes to reflect changed social facts, thereby stabilizing the particular emancipatory sociopolitical order which has newly arisen. (shrink)

In this paper, I offer an indirect argument for the Access Theory of privacy. First, I develop a new version of the rival Control Theory that is immune to all the classic objections against it. Second, I show that this new version of the Control Theory collapses into the Access Theory. I call the new version the ‘Negative Control Account’. Roughly speaking, the classic Control Theory holds that you have privacy if, and only if, you can control whether other (...) people know personal information about you. Critics of the Control Theory often give counterexamples, where privacy is either not diminished even though the claimant has lost control, or where privacy is diminished even though the claimant is in control. I argue that none of these alleged counterexamples work against the Negative Control Account. However, this is not a victory for the control theorist, because the Negative Control Account collapses into the Access Theory. The paper thus adds to the recent trend in the literature of favoring the Access Theory over the Control Theory. (shrink)

In the debate on how we ought to define political freedom, some definitions are criticized for implying that no one can ever be free to perform any action. In this paper, I show how the possibility of freedom depends on a definition that finds an appropriate balance between absence of interference and protection against interference. To assess the possibility of different conceptions of freedom, I consider the trade-offs they make between these two dimensions. I find that pure (...) negative freedom is clearly possible. Republican freedom might also be possible, though its protection requirement is too vague for a definitive verdict. Finally, the recently proposed ‘freedom as independence’ is impossible since it is an attempt to avoid the unavoidable trade-off. (shrink)

I draw upon Helen Steward's concept of agential settling to argue that freedom requires an ability to change the truth‐value of tenseless future contingents over time from false to true and that this ability requires a metaphysically open future.

This paper considers whether Marx's views about communism change significantly during his lifetime. According to the ‘standard story’, as Marx got older he dropped the vision of self-realization in labour that he spoke of in his early writings, and adopted a more pessimistic account of labour, where real freedom is achieved outside the working-day, in leisure. Other commentators, however, have argued that there is no pessimistic shift in Marx's thought on this matter. This paper offers a different reading of (...) this debate. It argues that there are two visions of the good life in Marx. However, it suggests that these two visions cannot be understood in terms of a simple shift between a ‘young’ and ‘mature’ Marx. Rather, it claims that Marx moves between these two visions throughout his writings. In this way, it suggests that Marx's intellectual development on this issue is best understood as an oscillation rather than a shift. Once this interpretive claim is advanced, the paper then moves on to consider some potential causes and implications of Marx's life-long oscillation between two different conceptions of the good life. (shrink)

The topic of alienation has fallen out of fashion in social and political philosophy. It used to be salient, especially in socialist thought and in debates about labor practices in capitalism. Although the lack of identification of people with their working lives—their alienation as workers—remains practically important, normative engagement with it has been set back by at least four objections. They concern the problems of essentialist views, a mishandling of the distinction between the good and the right, the danger of (...) paternalistic impositions, and the significance of democratic authorization. This paper recasts the critique of alienation in a way that vindicates its importance for social and political philosophy and rebuts these objections. First, it provides an analytic framework to understand alienation—distinguishing its various conceptual, explanatory, and normative dimensions. Second, it accounts for the normative aspect of the critique of alienation by articulating it in terms of prudential and moral ideas of positive freedom regarding human flourishing and solidaristic empowerment. Finally, the normative account is developed further, and sharpened to respond to the four objections, through the introduction of the Dignitarian Approach—the view that we have reason to organize social life in such a way that we respond appropriately to the valuable features of individual human beings that give rise to their dignity. (shrink)