I happen to believe that though human experiences are to be characterized as pluralistic they are all rooted in the one reality. I would assume the thesis of pluralism but how could I maintain my belief in the realism? There are various discussions in favor of realism but they appear to stay within a particular paradigm so to be called “internal realism”. In this paper I would try to justify my belief in the reality by discussing a special use of (...) indexicals. I will argue for my indexical realism by advancing the thesis that indexicals can be used as an inter-agentic referential term. Three arguments for the thesis will be presented. The first argument derives from a revision of Kaplan-Kvart’s notion of exportation. Their notions of exportation of singular terms can be analyzed as intra-agentic exportation in the context of a single speaker and theirs may be revised so as to be an inter-agentic exportation in the context of two speakers who use the same indexicals. The second is an argument from the notion of causation which is specifically characterized in the context of inter-theoretic reference. I will argue that any two theories may each say “this” in order to refer what is beyond its own theory. Two theories address themselves to ‘this’ same thing though what ‘this’ represents in each theory turn out to be different objects all together. The third argument is an argument which is based on a possibility of natural reference. Reference is used to be taken mostly as a 3-place predicate: Abe refers an object oi with an expression ej. The traditional notion of reference is constructive and anthropocentric. But I would argue that natural reference is a reference that we humans come to recognize among denumerably many objects in natural states: at a moment mi in a natural state there is a referential relation among objects o1, o2, o3, . . , oj, o j+1, . . which interact to each other as agents of information processors. Natural reference is an original reference which is naturally given and to which humans are passive as we derivatively refer it by using ‘this’. (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)

(1) This is Part 2 of the semantic theory I call TM. In Part 1, I developed TM as a theory in the analytic philosophy of language, in lexical semantics, and in the sociology of relating occasions of statement production and comprehension to formal and informal lexicographic conclusions about statements and lexical items – roughly, as showing how synchronic semantics is a sociological derivative of diachronic, person-relative acts of linguistic behavior. I included descriptions of new cognitive psychology experimental paradigms which (...) would allow us to precisely measure the two constituents of semantics – meaning and reference – both at the level of individual speech acts and at the level of societal convergences, i.e. at both the token and type levels. -/- (2) In the Introduction, I recapitulate the arguments of Part 1. The Introduction also develops some analytic philosophical and lexical semantics themes not discussed in Part 1. -/- (3) After the Introduction, I present neural TM (nTM) as a theory of the neural mechanisms and processes which give rise to these person/occasion-relative acts of linguistic behavior. I develop nTM at three levels, the first two of which describe linguistic/semantic functions independently of their cortical locations. At the first level, I describe individual word-to-word and word-to-object connections. At the second level, I describe the corresponding structuralist networks of which they are the individual components. At this level, I introduce some key linguistic concepts of TM – its graded meaning, reference, and generalization sets, and the types of statements which express various levels of word-to-word and word-to-object relationships among lexical items which, because of the constraints they impose on the use of those lexical items in statements we produce and comprehend, are concepts. This constitutes the second structural level of nTM. -/- (4) At the third level, I associate the non-localized structures of the previous levels with cortically located neural structures and with the fasciculi that connect them. I distinguish neural areas in which primary (phonetic) and secondary (orthographic) lexicons are stored in long-term memory. I also describe the embodied concepts which co-exist in the anterior temporal lobes with the images they lexicalize. These concepts are often said to name physical objects and their features, although what they in fact name are kinds of physical objects and features. I describe how conceptual constraints and referential constraints interact to channel our intentions to say how things are into statements which are semantically well-formed, and which consequently successfully communicate information. -/- (5) Following this presentation of nTM, I examine five prominent neural semantic theories. I point out what is wrong with each of them as far as their explanations of semantics are concerned, and I also indicate how nTM can replace the “semantic cores” of those theories. -/- (6) The two basic mistakes made by neuroscience semantic theories, as I will explain, are (i) that all but one of them regard semantics as a matter of the association of words with perceptual images, and of generalizations from those associations; and (ii) that they all rely on an unspecified set of neural structures which purportedly encode the meaning of concepts in abstraction from their phonological and orthographic forms. nTM maintains, in contrast, that there are no abstract neural representations of semantic content. Neural constraints on our linguistic behavior, especially on our ascriptive and co-ascriptive use of words, express the semantic constraints on those words which make them concepts. That is the semantic content of words. -/- (7) I next consider several results from neuroscience experimental data which have been given one interpretation by one or another of the standard neurosemantic theories, but to which nTM gives a different interpretation. I include several predictions which I have found neither confirmed nor disconfirmed in the experimental neuroscience literature. -/- (8) After a concluding section in which I summarize the major changes to neurosemantic theory introduced by TM, and the analytic philosophy of language and lexical semantics contexts within which TM is situated, there follows an appendix in which I discuss neural net AI, and make some recommendations for implementing nTM in silicon. (shrink)

There are many consonances between George Kelly’s personal construct psychology and post-Cartesian perspectives such as the intersubjective phenomenological project of Merleau-Ponty, hermeneutical constructivism, American pragmatism and autopoietic self-organizing systems theory. But in comparison with the organizational dynamics of personal construct theory, the above approaches deliver the person over to semi-arbitrary shapings from both the social sphere and the person’s own body, encapsulated in sedimented bodily and interpersonally molded norms and practices. Furthermore, the affective and cognate aspects of events (...) are artificially split into functionally separated entities, and then have to be pieced together again via interaction. By contrast, pushes and pulls are conspicuously lacking from Kelly’s depiction of the relationship between the construing subject and their world. Kelly complements Heidegger in offering a radically temporal phenomenology and a strongly anticipative stance. Both authors abandon the concept of subject and world in states of interaction, in favor of a self-world referential-differential in continuous self-transforming movement. A paradoxical implication of Kelly’s radical temporal grounding of experience is that it is at the same time more fully in motion and transition than embodied inter-subjective models, and maintains a more intimate and intricate thread of self-continuity and self-belonging. (shrink)

This paper is the twin of (Duží and Jespersen, in submission), which provides a logical rule for transparent quantification into hyperprop- ositional contexts de dicto, as in: Mary believes that the Evening Star is a planet; therefore, there is a concept c such that Mary be- lieves that what c conceptualizes is a planet. Here we provide two logical rules for transparent quantification into hyperpropositional contexts de re. (As a by-product, we also offer rules for possible- world propositional contexts.) One (...) rule validates this inference: Mary believes of the Evening Star that it is a planet; therefore, there is an x such that Mary believes of x that it is a planet. The other rule validates this inference: the Evening Star is such that it is believed by Mary to be a planet; therefore, there is an x such that x is believed by Mary to be a planet. Issues unique to the de re variant include partiality and existential presupposition, sub- stitutivity of co-referential (as opposed to co-denoting or synony- mous) terms, anaphora, and active vs. passive voice. The validity of quantifying-in presupposes an extensional logic of hyperinten- sions preserving transparency and compositionality in hyperinten- sional contexts. This requires raising the bar for what qualifies as co-denotation or equivalence in extensional contexts. Our logic is Tichý’s Transparent Intensional Logic. The syntax of TIL is the typed lambda calculus; its highly expressive semantics is based on a procedural redefinition of, inter alia, functional abstraction and application. The two non-standard features we need are a hyper- intension (called Trivialization) that presents other hyperintensions and a four-place substitution function (called Sub) defined over hy- perintensions. (shrink)

In an era defined by events that continuously shake Fukuyama’s thesis according to which liberal democracy constitutes the end of History, there is need for a democratic ideal that puts the role of civic action at the heart of its justification. In this article, I argue that John Dewey’s democratic ideal understood as a matter of civic co-creation, where democratic pursuits are continually redefined by citizens through solving communal problems - not set by history, once and for all - provides (...) a valuable response to this need. To this end, this article reconsiders Deweyan democracy by:(1) presenting it as a transformational process, in opposition to liberal democracy; (2) discussing Dewey’s conception of active citizenship as requiring more than mere political participation; (3) articulating Dewey’s democratic ideal as a form of applied social intelligence; (4) making explicit the pedagogical consequences of Deweyan democracy; and (5) interpreting it as a form of peaceful conflict resolution aiming at balance in inter-personal relationships. (shrink)

The topic of this paper is the general thesis that the death of the human organism is what constitutes the death of a person. All admit that when the death of a human organism occurs, in some form or another, this normally does result in the death of a person. But, some maintain, organismic death is not the same thing as personal death. Why? Because, they maintain, despite the fact that persons are associated with a human organism (‘their organism’), (...) they are not identical with their organism, and so they can, at least in principle and perhaps in actuality, die before or after their organism dies. The thesis described above I shall call ‘the two-deaths thesis’ in virtue of the fact that its proponents believe that there are two kinds of death, viz. organismic death and personal death. The opposing thesis, according to which the death of a human organism does constitute the death of a person, I call the ‘one death thesis’. After giving some background remarks in section 2 of this paper, in section 3 I argue that, if we take linguistic usage seriously, neither the two-deaths thesis nor the one-death thesis is true. I argue, rather, that so far as linguistic usage goes it is indeterminate which of them is true. In section 4 I go further and argue that if one accepts a widely held metaphysical view, viz. that the world itself partially determines reference and the extensions of our concepts, then it is plausible that the one-death thesis is true despite the facts about linguistic usage. (shrink)

The idea that healthcare should become more person-centred is extremely influential. By using recent English policy developments as a case study, this article aims to critically analyse an important element of person-centred care, namely, the belief that to treat patients as persons is to think that care should be ‘co-produced’ by formal healthcare providers and patients together with unpaid carers and voluntary organizations. I draw on insights from political philosophy to highlight overlooked tensions between co-production and values like equality and (...) liberty. Regarding equality, I argue that co-production compounds both problems of gender inequality in the distribution of care labour and the challenges associated with securing equal access to care. Turning to liberty, I identify important commonalities between co-production and republicanism in political philosophy, given their shared insistence on common citizens’ civic virtue. Then, I use against co-production some liberal arguments against republicanism, to highlight a problem of over-demandingness. In bringing my argument to a close, however, I wish to caution against hastily rejecting co-production as a policy programme. (shrink)

I shall be dealing, throughout this book, with a set of related problems: the relationship between morality and reasoning in general, the way in which moral reasoning is properly to be carried on, and why morality is not arbitrary. The solutions to these problems come out of the same train of argument. Morality is not arbitrary, I shall argue, because the acceptance of certain qualities of character as virtues and the rejection of others as vices is forced on us by (...) the co-operative basis of human life. The co-operation in human life is unavoidable; the alternative is a literal Hobbesian state of nature, and that is impossible. It is not that co-operation between people is a good thing or even a very good thing; it is simply unavoidable in human life, and it is impossible unless the qualities of character counted as virtues are encouraged and are at least fairly common. The possibility of human life presupposes a theory of human nature, and working out that theory of human nature is the main job of moral philosophy. These virtues or qualities of character or attitudes lead us towards a theory of reasons. A person with a sense of justice is a person inclined to accept certain sorts of facts as reasons for acting, and if the virtues are presupposed by human life then the acceptance of those sorts of facts as reasons for acting is presupposed by human life. A condition of the life of reasoning beings (a more accurate term here than 'human beings') is that moral reasons are reasons for acting and are at the very basis of reasoning. And from this it follows that properly conducted moral reasoning is ultimately guided by the virtues rather than ultimately guided by a set of rules. (shrink)

In this paper, I consider an important objection to moral motivation of believers. It is the objection that their acts are motivated by self-interest,i.e. their personal salvation. Such motivation is sometimes identified as selfish. Therefore, I demonstrate the distinction between self-interest and selfishness. I would like to remind the reader that the critique of self-interest as moral motivation of believers appears within the very traditions of the major world religions. Then, I argue that some contemporary forms of secular ethics (...) still refer to a certain form of self-interest. (shrink)

Research on future-oriented mental time travel (FMTT) is highly active yet somewhat unruly. I believe this is due, in large part, to the complexity of both the tasks used to test FMTT and the concepts involved. Extraordinary care is a necessity when grappling with such complex and perplexing metaphysical constructs as self and time and their co-instantiation in memory. In this review, I first discuss the relation between future mental time travel and types of memory (episodic and semantic). I then (...) examine the nature of both the types of self-knowledge assumed to be projected into the future and the types of temporalities that constitute projective temporal experience. Finally, I argue that a person lacking episodic memory should nonetheless be able to imagine a personal future by virtue of (a) the fact that semantic, as well as episodic, memory can be self-referential, (b) autonoetic awareness is not a prerequisite for FMTT, and (c) semantic memory does, in fact, enable certain forms of personally-oriented FMTT. (shrink)

Although there is much scholarship on Aristotle’s account of friendship (φιλία), almost all of it has focused on inter-personal relationships between human animals. Nonetheless, in both Aristotle’s ethical and zoological writings, he documents the intra- and inter-species friendship between many kinds of animals, including between human and non-human animals. Such non-human animal friendships establish both an indirect basis for establishing moral ties between humans and non-human animals (insofar as we respect their capacity to love and befriend others) (...) and a direct basis for establishing such ties (insofar as Aristotle provides a framework for thinking about utility and pleasure friendships between human and non-human animals). My paper defends Aristotle’s limitation of inter-species friendships to only utility and pleasure friendships and responds to scholars who claim that Aristotle recognizes no moral ties between human and non-human animals. (shrink)

The overall objective of the study was to examine the pros and cons of the participatory approach adopted in natural resource management in the ecologically protected areas of the Sundarbans mangrove of Bangladesh. A comparative study was done between the people who are involved and non-involved in this approach. Empirical data was collected through personal interviews with a structured questionnaire. The Gini coefficient was measured first and then embedded with the Lorenz curve to draw a line between perfect equality (...) and inequality vis-a-vis. The study revealed that the co-management built awareness in favor of biodiversity conservation and the efficient use of natural resources. Contradictorily, a segment of different hierarchical committees was involved in destructive activities like poisoning the wetlands for fishing. Therefore, a mixed outcome was found. The findings will help the policymakers in identifying the pitfalls and bottlenecks rooted in co-management. Hence, the study recommends revising the approach to ensure the community’s active participation on an equal basis and take action against them who degrade those resources. Exploring profitable alternative income-generating activities is warranted to narrow down the dependency on the Sundarbans mangrove’s natural resources. In order to address the tragedy of the commons, the study advocates for the unity of all knowledge ranging from science to humanistic scholarship for sound policymaking. (shrink)

Traditionally, pronouns are treated as ambiguous between bound and demonstrative uses. Bound uses are non-referential and function as bound variables, and demonstrative uses are referential and take as a semantic value their referent, an object picked out jointly by linguistic meaning and a further cue—an accompanying demonstration, an appropriate and adequately transparent speaker’s intention, or both. In this paper, we challenge tradition and argue that both demonstrative and bound pronouns are dependent on, and co-vary with, antecedent expressions. Moreover, the semantic (...) value of a pronoun is never determined, even partly, by extra-linguistic cues; it is fixed, invariably and unambiguously, by features of its context of use governed entirely by linguistic rules. We exploit the mechanisms of Centering and Coherence theories to develop a precise and general meta-semantics for pronouns, according to which the semantic value of a pronoun is determined by what is at the center of attention in a coherent discourse. Since the notions of attention and coherence are, we argue, governed by linguistic rules, we can give a uniform analysis of pronoun resolution that covers bound, demonstrative, and even discourse bound readings. Just as the semantic value of the first-person pronoun ‘I’ is conventionally set by a particular feature of its context of use—namely, the speaker—so too, we will argue, the semantic values of other pronouns, including ‘he’, are conventionally set by particular features of the context of use. (shrink)

Some philosophers argue that we should limit procreation – for instance, to one child per person or one child per couple – in order to reduce our aggregate carbon footprint. I provide additional support to the claim that population size is a matter of justice, by explaining that we have a duty of justice towards the current generation of children to pass on to them a sustainable population. But instead of, or, more likely, alongside with, having fewer children in in (...) each family, we could also create families with more than two parents. I explore this possibility by pointing out the ways in which multi-parenting can advance children’s interests: in higher levels of well-being, in non-monopolistic child-rearing, and in a future opportunity to become themselves parents. (shrink)

Context: Philosophical and - more recently - empirical approaches to the study of mind have recognized the research of lived experience as crucial for the understanding of their subject matter. Such research is faced with self-referentiality: every attempt at examining the experience seems to change the experience in question. This so-called “excavation fallacy” has been taken by many to undermine the possibility of first-person inquiry as a form of scientific practice. Problem: What is the epistemic character and value of (...) reflectively acquired phenomenological data? Can the study of experience, despite the excavation fallacy, rely on the act of reflection on lived experience and make sense and use of its results? Method: Through a philosophical discourse, informed by empirical first-person inquiry, we explore the experiential structure of the act of reflection and the formation of the corresponding belief about past experience. Results: We present a provisional first-person model of the experiential dynamics of retrospective reflection, in which the reflective act is characterized as enaction of belief about past experience that co-determines - rather than distorts - its results. From a constructivist perspective on the inevitable interdependence between the act of observing and the observed, the excavation “fallacy” is recognized as an intrinsic characteristic of reflection. Reflection is described as an iterative, self-referential process, guided by a context- and subject-specific horizon of expectations. Implications: Knowing the characteristics of the formation of beliefs about experience is essential for understanding first-person data and for the possibility of their acquisition and use in scientific practice, particularly in the context of second-person approaches to the study of experience. Constructivist content: We relate the proposed understanding of reflection to constructivist epistemology and argue that constructivism provides an epistemological foundation for the empirical study of experience more suitable than the traditional epistemological objectivism of cognitive science. We suggest that the constructive nature of the process of reflection calls for a collaboration between the fields of constructivism, phenomenology, and first-person research, and points towards the potential for their mutual enrichment. (shrink)

The main theory at the core of this monograph is that the person is an entity ontologically new, since she is able to perform an act of self-transcendence, which is meant as her critical distancing from her own “self”, understood as subject of social recognition (Anerkennung), in order to open to the encounter with the world (Weltoffenheit). This allows us to consider a person in a new way, different both from confessional interpretations that see her only as a center of (...) the spirit and from reductivistic views. Schelling examines the act of self-transcendence through the concept of ecstasy, whereas Scheler associates it with the phenomenological reduction. The act of self-transcendence, that Schelling sees as originated by the “hunger of being”, is at the roots of the formation process of a person (Bildung): the person takes her shape by exiting from her own self-referential dimension and encountering otherness. If considered from this viewpoint, Plato’s “epimeleia heautou” exceeds an intimistic perspective: the “care” is no more a solipsistic self-care, but rather becomes the care through which the person transcends her own self to open to the relationships with otherness. It turns, therefore, into a care for world-openness (care for Weltoffenheit). The transformation of the individual and of society so becomes the double-faced aspect of the same process. The development of this set of problems occurs through a dialogue with Schelling’s and Scheler’s positions, but it is also supported by a historical-philosophical investigation, that for instance provides evidence of the influences of Schelling’s Berlin period on Scheler’s last theories and on the philosophical anthropology of the 20th century. Schelling was the first to conceive the concept of “eccentricity” in an anthropological sense, since until then the term had been confined to Kepler’s astronomy. Consequently, the planets’ elliptic (eccentric) movement heightens to an emblematic metaphor of human nature and freedom. The monograph also examines a possible convergence between Plato’s epimeleia heautou and Scheler’s phenomenological reduction. The book ends with a chapter on the topic of Vorbild. The exemplary testimony, that is Vorbild, becomes witnessing evidence immune from any pedagogical-moralistic intent: in fact, if it should relapse into the rhetoric of the “wish to give a good example”, it would immediately conform to the opposite logic of the model. A model is universal in so far as it makes everyone more like the others, nullifying the diversity, whereas exemplariness is universal in so far as it makes everyone more unique and motivates each one to follow her own characteristic path of existential trans-formation. Exemplarity doesn’t convey any contents, but rather encourages a kind of solidaristic involvement. Yet there are also negative exemplarities (Gegenbild) that place obstacles in the formation and block the existence of the personal center. (shrink)

[What is the Human Being? Peter Auriol and the Role of Cognitive Psychology in the Medieval Definition of the Human Being: ] This paper explores how medieval philosophers used cognitive psychology in defining what the human being is, paying special attention to the Franciscan thinker Peter Auriol (c. 1280 – 1322). First, I examine the motivations of Auriol’s claim that the property of being alive is bound to the property of being cognitive (i. e. being capable of cognition). Then, the (...) foundations of medieval faculty psychology and Auriol’s conception of cognition are introduced. I also argue that the emphasis which Auriol puts on the activity of soul’s faculties leads him to the conclusion (unusual in his days) that the distinction among these faculties is established from the first person perspective. Finally, Auriol’s cognitive definition of the human being is introduced – human beings are human beings precisely because their cognitive experience differs from the way the cognition works in animals on the one hand and in God on the other hand. Whereas animals have only sensory soul’s faculties, humans have the intellect in addition and, therefore, they are capable of universal cognition. Moreover, since humans have not only intellect but also the inner senses (particularly, the phantasy), the universals appear to the human intellect only as blended with the individual that the universal was abstracted from, and the human intellect is not capable of paying attention to no more than just one object at the same moment. Since God and angels have only intellect, these distinctively human features are absent from their cognitive experience. (shrink)

Even though co‐parenthood is one of the most significant close personal relationships that people can have, there is relatively little philosophical work on the moral duties that co‐parents owe each other. This may be due to the increasingly questionable assumption, still common in our societies, that co‐parenthood arises naturally from marriage or romantic coupledom and thus that commitment to a co‐parent evolves from a commitment to a marital or romantic partner. In this article, we argue that co‐parenthood should be (...) seen as a relationship in its own right, which generates specific moral duties. Co‐parents should come to explicit agreements with each other regarding the most important areas of potential conflict between them. Such agreements may have to be renegotiated over time. We explore some possible non‐negotiable co‐parental duties such as the duties not to alienate the child from the other parent(s) and not to trap a co‐parent in a particularly vulnerable situation. We consider some legal and societal implications of our argument and, finally, suggest some pragmatic benefits of our proposal. (shrink)

The concept of the analyst's presence gained attention almost 60 years ago through the writings of the French analyst Sacha Nacht and the Hungarian-British Michael Balint. Anna Freud earlier spoke of the related, but rather ambiguous term "real person of the analyst," which has been widely discussed by many authors since. Both terms- presence and real person- appear frequently in the psychoanalytic literature, usually without much definition or conceptual clarity. Authors have used them in different ways, but in general their (...) intention has been to contrast the analyst's reality as a person with his function as a transference and fantasy object, perhaps as a corrective to the perceived austerity of the classical « one-person » model. Lacan's work represents an exception in attempting to escape the dialectic between intra and inter-psychic, but at the cost of eliminating the influence of the analyst as another subject. In contrast to metapsychologic theories of the mind, the author argues that "real presence" can be better understood as part of the phenomenologic experience of intersubjectivity, The co-presence of the analyst is fundamental to the encounter, rather than an accidental or intentional disruption. (shrink)

If one can get the targets of one's current wants only by acquiring new wants (as in the Prisoner's Dilemma), is it rational to do so? Arguably not. For this could justify adopting unsatisfiable wants, violating the rational duty to maximize one's utility. Further, why cause a want's target if one will not then want it? And people "are" their wants. So if these change, people will not survive to enjoy their wants' targets. I reply that one rationally need not (...) advance one's future wants, only current ones. Furthermore, rational choice seeks not utility (the co-obtaining of a want and its target), but satisfaction (the eventual obtaining of what is now wanted) -- otherwise, it would be irrational to care now about what happens after one dies. Finally, persons survive "rational" changes of values. Thus reflection on the rational revision of values illuminates the conditions on personal identity and the bases and aims of rational choice. (shrink)

In 1995, as a student of psychology inspired by natural science, I defined a logical model of personality explaining psychosis. I created (for my MA thesis, 1998 and grant research, 1999) new kind of tests assessing intelligence, creativity, prejudices, expectations to show more exact methods in psychology. During my Phd study in economics, I developed 'Maximization of Uniqueness (Originality)' model enhancing the classic utility to explain irrational motivations linking economics and psychology. Later I became computer programmer developing functional programming. According (...) to Personality model (and my experience in chess composition), I've built server and client logic of information system www.each.co.uk, and produced visual art. I presented the excerpts of 'Personality Model' in a few articles, and later as part of my art exhibitions: From Animation (Oct 2013, Holland Park, London), Parallax 12 (Feb 2015, Chelsea Town Hall, London), Fading Memory (Sep 2015, Weißenohe / Nuremberg, Germany). Another work: The Science is a subset of the Art extends Personality Model to art, society. At the end I add example and explanation of a special problem, when the higher intelligence leads to a wrong solution. It was published in Japanese Journal Problem Paradise in 1999. All presented results can be repeated. Computer testing would enable to acquire more data and more exact analysis. (shrink)

This article first of all attempts to assess the proposals of 2006–2007 to amend Poland’s Constitution, aimed mostly at strengthening constitutional protection of unborn human life. Parliamentary work on this proposal begins with the submission of the Deputy’s bill on amendment of the Constitution, published in the Sejm Paper No. 993 of September 5, 2006, and ends with a series of votes at the 39th sitting of the Sejm of the fifth term of office, held on April 13, 2007, on (...) which it was decided not to adopt any amendment. In the course of the legislative process, several modifi cation were offered not only to Article 38 concerning protection of life, but also to Article 30 dealing with dignity as a source of rights. Each of these proposals had drawbacks, including inter alia: the lack of a definite period of protection or entitlement to dignity, resulting in the decreased protection in relation to issues concerning euthanasia; the application of new categories granting a specific status to unborn human life; specifying the standards for protection by means of legislative acts ranking lower than a constitution, resulting in the transfer of life protection into the sphere of regulation of ordinary legislation. The most conducive for strengthening of the protection of unborn human life, even if not free of imperfections, was an amendment of Article 30 proposed by the Committee in the following wording: “The inherent and inalienable dignity, conferred on the person from the moment of conception, shall be a source of freedoms and rights of persons and citizens. It shall be inviolable; the respect and protection thereof shall be the obligation of public authorities.” From the rejection of the proposals it is diffi cult to draw conclusions that are vital for interpretation of the existing provisions. However, a conclusion that the intention of the authors of the constitution was not to strengthen the constitutional protection of life is not legitimate, mostly because of their doubts about formal correctness of the proposed amendments (when deciding to reject them), particularly the doubts about legal consequences of their adoption. -/- Streszczenie Zasadniczym celem opracowania jest próba całościowej oceny propozycji nowelizacji Konstytucji RP mającej miejsce w latach 2006-2007, zmierzającej przede wszystkim do wzmocnienia konstytucyjnej ochrony życia człowieka przed narodzeniem. Prace parlamentarne nad analizowaną nowelizacją otwiera poselski projekt ustawy o zmianie Konstytucji zawarty w druku sejmowym 993 z dnia 5 września 2006 (projekt wpłynął do Sejmu 7 września); zamyka seria głosowań na 39 posiedzeniu Sejmu V kadencji, dnia 13 kwietnia 2007 roku; głosowań, które przesądziły o niewprowadzeniu żadnych zmian. W trakcie procesu legislacyjnego proponowano szereg formuł, zmieniających nie tylko art. 38 dotyczący ochrony życia, ale także art. 30, który dotyczy godności jako źródła praw. W zasadzie wszystkie zgłoszone propozycje posiadały wady, wśród których najważniejsze to: brak domknięcia okresu ochrony lub przysługiwania godności, skutkujący obniżeniem ochrony w kwestiach związanych z eutanazją; stosowanie nowych kategorii, prowadzące do nadania specyficznego statusu człowiekowi przed narodzeniem; określanie standardu ochrony za pośrednictwem aktów o randze niższej od konstytucji, prowadzące do przesunięcia ochrony życia przed narodzeniem w sferę ustawodawstwa zwykłego. Z punktu widzenia celu, jakim było wzmocnienie konstytucyjnej ochrony życia człowieka przed narodzeniem i wzmocnienie jego pozycji prawnej, najlepsza, choć nie pozbawiona usterek, była zaproponowana przez Komisję zmiana brzmienia art. 30 prowadząca do formuły: „Źródłem wolności i praw człowieka i obywatela jest przyrodzona i niezbywalna godność człowieka, przynależna mu od chwili poczęcia. Jest ona nienaruszalna, a jej poszanowanie i ochrona jest obowiązkiem władz publicznych.”. Na podstawie odrzucenia propozycji zmian trudno wyciągać wnioski istotne dla interpretacji aktualnie obowiązujących przepisów; wniosek, że ustrojodawca nie chciał wzmocnienia konstytucyjnej ochrony życie nie jest prawomocny, przede wszystkim ze względu na – istotne w procesie podejmowania decyzji o odrzuceniu propozycji zmian – wątpliwości, co do formalnej poprawności formułowanych propozycji, w tym wątpliwości co do konsekwencji prawnych ich przyjęcia. (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 special and unique attitudes that we take towards events in our futures/pasts—e.g., attitudes like the dread of an impeding pain—create a challenge for “Reductionist” accounts that reduce persons to aggregates of interconnected person stages: if the person stage currently dreading tomorrow’s pain is numerically distinct from the person stage that will actually suffer the pain, what reason could the current person stage have for thinking of that future pain as being his? One reason everyday subjects believe they have a (...) substantially extended temporal existence stems from introspection—they introspectively experience their selves as being temporally extended. In this paper, I examine whether a Reductionist about personal identity can co-opt this explanation. Using Galen Strawson’s recent work on self-experience as a resource, I reach both a negative and a positive conclusion about the prospects of such a position. First, the relevant kind of self-experience—i.e., the introspective experience of one’s self as being a substantially temporally extended entity—will not automatically arise within a person stage simply in virtue of that stage being psychologically connected to/continuous with other person stages. Second, the relevant kind of self-experience will arise, however, in virtue of person stages weaving together their respective experiences, actions, etc. via a narrative. This positive conclusion points towards a new Reductionist position that focuses upon a narrative, and not mere psychological continuity, in attempting to justify the special attitudes we take towards events in our futures/pasts. (shrink)

This article proposes an approach to understanding life that overcomes reductionist and dualist approaches. Kant’s analysis of the conditions of knowing an organism shows that attempts to explain its teleology and autopoiesis from the interactions of its components is problematic. Based on an analysis by Van de Vijver and colleagues, a co-constitutive relationship between the cognitive activities of the observer and the living features of the organism is described. Using the example of a developmental series, it is shown that within (...) this active relational process, both autopoiesis and teleology of the organism manifest themselves on the mental level of the observer. The Kantian mode of objectification, which refers to the sensually perceptible appearance of an organism, can be supplemented by an active mode of relational objectification that encompasses the life of the organism. The analysis introduces a phenomenological first-person perspective on the study of life "from within", which enables an empirical investigation of the vital properties of an organism. (shrink)

Big decisions in a person’s life often affect the preferences and standards of a good life which that person’s future self will develop after implementing her decision. This paper argues that in such cases the person might lack any reasons to choose one way rather than the other. Neither preference-based views nor happiness-based views of justified choice offer sufficient help here. The available options are not comparable in the relevant sense and there is no rational choice to make. Thus, ironically, (...) in many of a person’s most important decisions the idea of that person’s good seems to have no application. (shrink)

So far, the value dimension underlying affectivity disorders has remained out of focus in phenomenological psychopathology. As early as at the beginning of the 20th century, however, German phenomenologist Max Scheler examined in depth the relationship between affectivity and value dimension through the concept of valueception (Wertnehmung). In this sense, a recent noteworthy contribution has been provided by John Cutting, who has drawn attention to the importance of Scheler’s analyses for psychiatry. In this work I take into consideration only two (...) aspects of Cutting’s proposal: 1) the relationship between the impairments of valueception and the perception of certain value classes; and 2) the interpretation of Scheler’s phenomenological reduction and its juxtaposition with the modus vivendi of schizophrenia. According to Cutting, in the modus vivendi of schizophrenia the valueception impairment entails putting vital values in brackets and focusing on personal values, with a process that recalls Scheler’s phenomenological reduction. Regarding the first aspect, I share Cutting’s starting point, but then shift the focus on how important the valueception is for the intersubjective dimension. In particular, I maintain that rather than compromising the perception of vital values, valueception impairments in the modus vivendi of schizophrenia interfere with the intersubjective dimension and are interwoven with a process of disembodiment. My thesis is that the modus vivendi of schizophrenia involves a disturbance of the intersubjective dimension that arises from the level of valueception and that determines the person’s self-referential closure. With regard to the second point, by analyzing Scheler’s phenomenological reduction, I sustain that its main objective is to increase both the interaction with otherness and the openness to the world (Weltoffenheit). As a consequence, the modus vivendi of schizophrenia, in my opinion, is not comparable, as Cutting claims, with Scheler’s phenomenological reduction, but goes in a different direction. (shrink)

First-person and third-person perspectives are different items of human consciousness. Feeling the taste of a fruit or being consciously part of a group eating fruits call for different perspectives of consciousness. The latter is about objective reality (third-person data). The former is about subjective experience (first-person data) and cannot be described entirely by objective reality. We propose to look at how these two perspectives could be rooted in an evolutionary origin of human consciousness, and somehow be connected. Our starting point (...) is a scenario describing how evolution could have transformed a non self-conscious auto-representation into a conscious self-representation (Menant 2006). The scenario is based on the performance of inter-subjectivity existing among non human primates (Gardenfors 2006). A key item of the scenario is the identification of the auto-representation of a subject with the representations that the subject has of her conspecifics, the latter feeding the former with the meaning: “existing in the environment”. So during evolution, pre-human primates were brought to perceive their auto-representation as existing in the environment. Such process could have generated the initial elements of a conscious self-representation. We take this scenario as providing a possible rooting of human consciousness in evolution. We develop here a part of this scenario by expliciting the inward and outward components of the non self-conscious auto-representation. Inward components are about proprioception and interoception (thirst, pain, …). Outward components cover the sensory information relative to the perception of the body (seen feet, … ) and of its effects on the environment. We consider that the initial elements of a conscious self-representation have been applied to both inward and outward components of the auto-representation. We propose that the application to inward components made possible some first-person information, and that the application to outward components brought up third-person information. Relations between the two perspectives are highlighted. Such approach can root first-person and third-person perspectives in the same slot of human evolution. We conclude by a summary of the above and introduce a possible application of this approach to the concepts of bodily self and of pre-reflexive self-consciousness (Legrand, 2006). (shrink)

This chapter compares simple predicates of personal taste (PPTs) such as tasty and beautiful with their complex counterparts (eg tastes good, looks beautiful). I argue that the former differ from the latter along two dimensions. Firstly, simple PPTs are individual-level predicates, whereas complex ones are stage-level. Secondly, covert Experiencer arguments of simple PPTs obligatorily receive a generic interpretation; by contrast, the covert Experiencer of a complex PPT can receive a generic, bound variable or referential interpretation. I provide an analysis (...) of these facts based on a novel proposal about the licensing of individual-level predicates (the ‘Licensing Condition on ILPs’). This condition states that all covert pronominal arguments of an individual-level predicate must be bound by the generic operator. Finally, I show that generic construal of the Experiencer is a necessary condition for faultless disagreement. This is evidence in favour of treatments of subjective meaning that appeal to genericity, and against relativism about PPTs. (shrink)

Although the cognition is significant in strategic reasoning, its role has been weakly analyzed, because only the average intelligence is usually considered. For example, prisoner's dilemma in game theory, would have different outcomes for persons with different intelligence. I show how various levels of intelligence influence the quality of reasoning, decision, or the probability of psychosis. I explain my original methodology developed for my MA thesis in clinical psychology in 1998, and grant research in 1999, demonstrating the bias of the (...) classic IQ method, and how the intelligence limits thinking. Based on that I defined Personality Model, providing insight into understanding of psychosis (schizophrenia, bi-polar), which has not been explained yet by psychology or psychiatry. In addition, it enables to analyze and assess non-linear problems, utilizable in computer programming, visualization (animation) or other fields including Baduk game. I've already applied some principles in complex information system www.each.co.uk, and video-animations exhibited in London, Germany, Tokyo. I need to mention my experience in chess composition between 1994 and 2000, winning a few international prizes and inventing a special class of fairy rules redefining the mate. The chess composition principles or patterns show the way to organize logical series to higher advanced mechanisms (like calculus), applicable to other fields. One of such principles is a logical aesthetic innovation: new strategy, defined by Italian composers. Finally I show how the simple redefinition of the classic utility concept links economics and psychology to explain irrational / destructive behavior. All presented results (from the research) can be repeated. (shrink)

The Orthodox Church has been given the fullest of truth by the inspiration of the Holy Spirit, truth honored and valued in the communion of the Saints. For men, to grasp divine truth is a progressive process part of a permanent development. Each and every person walks along this path together with other people, without being the same as the others. Every person is offered and understands truth according to their own religious experience and skills to understand. Ultimate truth exists (...) and it has been revealed completely, but the way in which it is grasped varies from one person to another. “This is not a narrowly doctrinal vision of theological truth. However, it is an essentially spiritual vision for worldly reality, one that removes arrogance from authority and opens new ways of approaching believers of other religions. It presupposes magnanimity and charity, faith and hope, tolerance and reconciliation. It opposes forceful conversion and conflinct, imposition and intolerance, aggression and violence”.85 This approach prevents us from assigning to God intentions and plans which are exclusively ours. Thus, whenever we have a dialogue with those of different beliefs and ideologies, we must always start from God’s sacrificial love for all men. (shrink)

"Dignity as a Quality of Person: Types of Dignity – a Proposed Systematisation" This study aims to identify various meanings of the expression (name) “dignity”, with particular emphasis on the meanings of the expression as it appears in the text of the Constitution of the Republic of Poland. The meaning of the name “dignity” is the concept of dignity; in turn, the concept of dignity encompasses dignity of particular types. Twelve different meanings of the expression “dignity” are indicated – twelve (...) different concepts of dignity, and thus twelve types of dignity. Half of them are meanings (concepts) that recognize dignity as something belonging to a human being as a subject of law, and this essay is devoted to this group of meanings. This group of meanings includes three concepts of dignity which encompass dignity as something constitutive of being a person: (1) inherent dignity of the person, (2) dignity established by qualities specific to a thinking being, and (3) dignity as a historically emergent social status of all human beings. Only the first of these three concepts of dignity is adequate to the interpretation of the preamble and art. 30 of the Polish Constitution. The second group of meanings, treating dignity as something with which the human being is endowed, includes concepts which encompass (4) personal dignity (honour and good reputation), (5) dignity as moral excellence, and (6) dignity as appropriateness of attitude or behaviour. The other half of the meanings take dignity as something that belongs to something. These meanings will be considered in the forthcoming essay Godność jako cecha podmiotów zbiorowych i godność jako cecha ugruntowana instytucjonalnie. Typy godności – propozycja systematyzacji [Dignity as an Attribute of Collective Entities and Dignity as an Institutionally Grounded Attribute: Types of Dignity – a Proposed Systematisation]. The Constitution of the Republic of Poland speaks of (1) the dignity of the Nation, (2) the dignity of office or function, and (3) public dignity. The expression “dignity” when designating something belonging to something can also designate (4) the dignity of social status based on belonging to a social group, (5) the dignity of a profession, and – specifically to the Polish language – (6) dignity meaning a surname. The author argues that it is unacceptable to ascribe different concepts of dignity to the expression “dignity” appearing in a specific legal provision. STRESZCZENIE Opracowanie zmierza do identyfikacji różnych znaczeń wyrażenia (nazwy) „godność”, ze szczególnym uwzględnieniem znaczeń tego wyrażenia występującego w tekście Konstytucji RP. Znaczeniem nazwy „godność” jest pojęcie godności; z kolei pojęcie godności ujmuje samą godność danego typu. Wskazanych zostaje dwanaście różnych znaczeń wyrażenia „godność” – dwanaście różnych pojęć godności, zatem i dwanaście jej typów. Połowa z nich to znaczenia (pojęcia), które ujmują godność jako coś przynależnego człowiekowi jako podmiotowi i tym znaczeniom (i odpowiadającym im typom godności) poświęcone jest niniejsze opracowanie. W tej grupie znaczeń odróżnione zostają trzy pojęcia godności, które ujmują godność jako coś konstytutywnego dla bycia osobą – (1) przyrodzoną i niezbywalną godność osobową, (2) godność opartą na obserwowalnych i zmiennych cechach specyficznych dla istoty rozumnej i (3) godność opartą na historycznie ukształtowanym statusie społecznym przypisanym wszystkim ludziom. Jedynie pierwsze z tych pojęć jest adekwatne do interpretacji preambuły i art. 30 Konstytucji RP. W drugiej grupie znaczeń ujmujących godność jako coś przysługującego człowiekowi są pojęcia ujmujące godność jako cechę osoby – (4) godność osobistą (cześć i dobre imię), (5) godność osobowościową (poziom moralny) oraz (6) godność jako dyspozycja do stosownego sposobu bycia. Druga połowa znaczeń ujmuje godność jako coś przynależnego czemuś lub jako coś o charakterze konwencjonalnym, instytucjonalnym. Te znaczenia będą omawiane w kolejnym opracowaniu Godność jako cecha podmiotów zbiorowych lub cecha ugruntowana instytucjonalnie. Typy godności – Propozycja systematyzacji – Część 2. Konstytucja RP mówi o (1) godności Narodu, (2) godności urzędu lub funkcji, oraz o (3) godności publicznej (godnościach publicznych. Wyrażenie „godność” jako desygnujące coś przynależnego czemuś może także desygnować (4) godność statusu społecznego opartego na przynależności do jakiejś grupy społecznej, (5) godność zawodu oraz – co specyficzne dla języka polskiego – (6) godność jako nazwisko. Autor argumentuje, że niedopuszczalne jest przypisywanie wyrażeniu „dignity” występującym w danym przepisie prawnym, różnych pojęć godności. (shrink)

This article reports on Clean Language Interviewing (CLI), a rigorous, recently developed 'content-empty' (non-leading) approach to second-person interviewing in the science of consciousness. Also presented is a new systematic third-person method of validation that evaluates the questions and other verbal interventions by the interviewer to produce an adherence-to-method or 'cleanness' rating. A review of 19 interviews from five research studies provides a benchmark for interviewers seeking to minimize leading questions. The inter-rater reliability analysis demonstrates substantial agreement among raters with (...) an average intraclass correlation coefficient of 0.72 (95% CI). We propose that this method of validation is applicable not only to CLI but to second-person interviews more generally. (shrink)

Tết đã về với mọi nẻo đường quê hương [thân yêu]. Năm nay nhân dân cơ bản đón Tết Giáp Thìn (2024) trong vui tươi, ấm áp, hạnh phúc. Nhìn ở cấp vĩ mô, vượt qua thời gian [chừng 4 năm] khó khăn thách thức [vừa qua], thế đất nước ngày một lên cao, lực quốc gia ngày càng tăng tiến và có nhiều cơ hội bứt phá trong năm nay và những năm tới.

Tết đã về với mọi nẻo đường quê hương [thân yêu]. Năm nay nhân dân cơ bản đón Tết Giáp Thìn (2024) trong vui tươi, ấm áp, hạnh phúc. Nhìn ở cấp vĩ mô, vượt qua chừng 4 năm khó khăn thách thức [vừa qua], thế đất nước ngày một lên cao, lực quốc gia ngày càng tăng tiến và có nhiều cơ hội bứt phá trong năm nay và những năm tới...

Australia experienced the most devastating bush-fire season in recorded history, and right after that the world economy stalled due to a global virus outbreak the severity of which has no modern precedent. Crises tend up speed paradigm shifts, and the one begun in 2020 certainly will. In this paper I will contribute to a shift that has been gathering momentum for some time now, the need for which the current crisis has made all too obvious. This is a shift in (...) Kant and Hegel influenced philosophy from thinking of ‘spirit’ (Geist) as an abstract realm or dimension insulated from nature—frictionlessly spinning without touching it, or at least with a tendency to do this as essential to it—to thinking of spirit as a life-form, situated in nature at large, just as all life is. I will work on this theme by elaborating on three broadly Hegelian ideas. Firstly, that the subjective and objective aspects of ‘spirit’, that is to say the psychological and social structures distinctive of persons and their life, are co-constitutive elements of a whole. This whole is the human life-form, or as I call it more technically ‘the life-form of persons’. Secondly, that recognition (Anerkennung) as self-transcendence and inclusion of otherness is ontologically constitutive of both, and key to their internal interrelations. Thirdly, that though freedom as collective autonomy is distinctive of this life-form, thought on the model of abstraction from necessarily determining otherness it is theoretically mistaken and put in practice pathological of the life-form in a literal sense of ‘pathology’. (shrink)

The words of Father Professor Dumitru Staniloae have largely found their meaning in the documents of the Council of Crete. “The Mission of the Church in Today’s World” asks itself for a present apologetic message renewal. The theological debate on what are the meanings of “the dignity of the human person” is therefore more than a necessity of our days. Under these conditions inter-Christian and inter-religious dialogue take place, overcoming radical fundamentalism. By grasping the fact that “God is (...) everything in all the things”, we will be able to overcome any preconception and become true confessors of the gospel in the nowadays world. (shrink)

I argue that Bartolomé de las Casas and Juan Ginés de Sepúlveda differed in their conclusions regarding the status of Indigenous persons at least partly because las Casas had significant, yet incomplete, understanding of Indigenous persons, culture and societies and Sepúlveda had mere knowledge of them. To this end, I show that the epistemic state of understanding explains why Las Casas properly concluded that Indigenous persons deserve the same moral status afforded to Europeans. And I show how las Casas’ understanding (...) of Indigenous persons, culture and societies related to what he got wrong about Indigenous persons. (shrink)

Mặc dù 3 điểm nêu trên chưa phải đã đủ, nhưng chắc chắn không thể giải đáp. Vì vậy, khó mà tin vài lập luận đơn giản về “tính khả thi” lại có thể mang ra áp dụng cho cộng đồng trên không gian sinh thái rộng lớn.

Za „ojca” filozoficznej kategorii „godności”, która legła u podstaw kategorii prawnej, uznawany jest powszechnie Immanuel Kant. Przypomnieć jednak trzeba, że w bardzo podobny sposób, choć w zasadniczo odmiennym kontekście systemowym, charakteryzował godność Tomasz z Akwinu, pół tysiąca lat wcześniej, uznając ją za fundament bycia osobą. Stąd najistotniejszym i centralnym elementem, tytułowej, klasycznej koncepcji człowieka jest koncepcja godności. Akwinata jest autorem bodaj najbardziej rozbudowanej koncepcji osoby w tradycji filozofii klasycznej. Co więcej zmierzać będę do wykazania, że jego koncepcja lepiej nadaje się (...) do teoretycznego ugruntowania praw człowieka niż koncepcja Kanta. Rekonstruując propozycję Kanta ograniczam się, zasadniczo rzecz biorąc, do analizy Uzasadnienia metafizyki moralności. Interesować będą mnie zagadnienia podstawowe, przede wszystkim – wynikające z różnicy kontekstów systemowych – różnice w pojmowaniu bycia celem samym w sobie. W perspektywie ontologicznej koncentrować się będę na powiązaniu godności z indywidualnością; w perspektywie antropologicznej – na tym, jakiego typu działania stanowią o doskonałości człowieka, jakie działania (czym określone) realizują człowieka jako cel sam w sobie. W szczególności interesować się będę miejscem rozumu i woli w określaniu treści działań (w perspektywie kantowskiej będzie to pytanie o określenie treści powinności; w perspektywie Tomasza – pytanie o treść realizowanego dobra). Zasadnicze pytanie, które leży u podłoża podjętej problematyki antropologicznej, jest pytaniem o to, na ile dla pojmowania godności istotne jest uznanie woli jako w sposób wolny współokreślającej treść powinności (Kant) lub dobra (Akwinata), a na ile woli jedynie podążającej za poznaną powinnością lub poznanym dobrem. Zmierzać będę do uzasadnienia tezy, że koncepcja Akwinaty w ugruntowaniu godności akcentuje wprost indywidualność opartą na wyborze czegoś, co nie jest jednoznacznie treściowo obiektywnie zdeterminowane i co wykracza poza to, co powszechne, poza to, co gatunkowe; natomiast koncepcja Kanta godność wiąże przede wszystkim z tym, co powszechne, gatunkowe i zapoznaje doniosłość indywidualności dla pojmowania godności. (shrink)

Tết đã về với mọi nẻo đường quê hương [thân yêu]. Năm nay nhân dân cơ bản đón Tết Giáp Thìn (2024) trong vui tươi, ấm áp, hạnh phúc. Nhìn ở cấp vĩ mô, vượt qua thời gian [chừng 4 năm] khó khăn thách thức [vừa qua], thế đất nước ngày một lên cao, lực quốc gia ngày càng tăng tiến và có nhiều cơ hội bứt phá trong năm nay và những năm tới.

Decision theory explains weakness of will as the result of a conflict of incentives between different transient agents. In this framework, self-control can only be achieved by the I-now altering the incentives or choice-sets of future selves. There is no role for an extended agency over time. However, it is possible to extend game theory to allow multiple levels of agency. At the inter-personal level, theories of team reasoning allow teams to be agents, as well as individuals. I (...) apply team reasoning at the intra-personal level, taking the self as a team of transient agents over time. This allows agents to ask, not just “what should I-now do?’, but also ‘What should I, the person over time do?’, which may enable agents to achieve self-control. The resulting account is Aristotelian in flavour, as it involves reasoning schemata and perception, and it is compatible with some of the psychological findings about self-control. (shrink)

This article is a commentary on Machery (2009) Doing without Concepts. Concepts are mental symbols that have semantic structure and processing structure. This approach (1) allows for different disciplines to converge on a common subject matter; (2) it promotes theoretical unification; and (3) it accommodates the varied processes that preoccupy Machery. It also avoids problems that go with his eliminativism, including the explanation of how fundamentally different types of concepts can be co-referential.

Introduction in chapter viii of book ii of An Essay Concerning Human Understanding, John Locke provides various putative lists of primary qualities. Insofar as they have considered the variation across Locke's lists at all, commentators have usually been content simply either to consider a self-consciously abbreviated list (e.g., "Size, Shape, etc.") or a composite list as the list of Lockean primary qualities, truncating such a composite list only by omitting supposedly co-referential terms. Doing the latter with minimal judgment about what (...) terms are co-referential gives us the following list of eleven qualities (in the order in which they appear in this chapter of the Essay): solidity, extension, figure, mobility, motion or rest, number, bulk, texture, motion, size, and situation. Perhaps surprisingly given the attention to the primary/secondary distinction since Locke, Locke's primary qualities themselves have received little more than passing mention in the bulk of the subsequent literature. In particular, no discussion both offers an interpretation of Locke's conception of primary qualities and makes sense of Locke's various lists as lists of primary qualities. A central motivation for this paper is the idea that these two tasks are not independent. (shrink)

Competing theories on the semantics of group pejorative terms (also known as‘slurs’)comprise both advocates and opponents to the Identity Thesis (IT), according to whichthese terms and their neutral counterparts do not differ in semantic value. In the oppo-nents’camp, Christopher Hom has offered an argument based on substitution of slurs andneutral counterparts that both supports his semanticist approach and cast doubts on all IT-based approaches to slurs. We aim to point to a dilemma triggered by this argument based on evidence showing (...) that substitution of some words (including but not restricted to slurs)for non-problematically co-referential pairs may fail to preserve truth-values in some linguistics contexts. (shrink)

In this paper I argue that it is possible to attribute beliefs and other intentional states to mute animals. This kind of attribution is substantial, in that it does allow for some minimal form of co-referential failure.

Edouard Machery has argued that the notion of concept should be eliminated from scientific theorising about cognition on the grounds that what psychologists call concepts do not form a natural kind and that keeping this notion would encumber scientific progress. His view is that the class of concepts really divides into three distinct yet co-referential kinds of bodies of knowledge typically used in distinct cognitive processes. The main purpose of this paper is to challenge Machery’s eliminativist conclusion on the grounds (...) that his alternative to concepts fails to be combined with any prominent account of content determination. As a case of philosophical scrutiny of a psychological proposal, the paper also intends to show how philosophical and psychological interests in concepts can be brought together. (shrink)