After Marx, dissenting economics almost always used 'the labour theory' as a theory of value. This paper develops a modern treatment of the alternative labour theory of property that is essentially the property theoretic application of the juridical principle of responsibility: impute legal responsibility in accordance with who was in fact responsible. To understand descriptively how assets and liabilities are appropriated in normal production, a 'fundamental myth' needs to be cleared away, and then the market mechanism of appropriation (...) can be understood. On the normative side, neoclassical theory represents marginal productivity theory as showing that (a metaphorical version of) the imputation principle is satisfied ('people get what they produce') in competitive enterprises. Since that shows the moral commitment of neoclassical economics to the imputation principle, the labour theory of property is presented here as the actual non-metaphorical application of the imputation principle to property appropriation. The property-theoretic analysis at the firm level shows how the neoclassical (and much heterodox) analysis in terms of 'distributive shares' wholly misframed the basic questions. Finally, the paper shows how the imputation principle (modernised labour theory of property) is systematically violated in the present wage labour system of renting persons. The paper can be seen as taking up the recent challenge posed by Donald Katzner for a dialogue between neoclassical and heterodox microeconomics. (shrink)

Much of the recent discussion in progressive circles [e.g., Stiglitz; Galbraith; Piketty] has focused the obscene mal-distribution of wealth and income as if that was "the" problem in our economic system. And the proposed redistributive reforms have all stuck to that framing of the question. To put the question in historical perspective, one might note that there was a similar, if not more extreme, mal-distribution of wealth, income, and political power in the Antebellum system of slavery. Yet, it should be (...) obvious to modern eyes that redistributions in favor of the slaves, while leaving the institution of owning workers intact, would not address the root of the problem. The system of slavery was eventually abolished in favor of the system we have today which differs in two important respects: the workers are only rented, hired, or employed ; and the rental relationship between employer and employee is voluntary. Today, the root of the problem is the whole institution for the voluntary renting of human beings, the employment system itself, not the terms of the contract or the accumulated consequences in the form of the mal-distribution of income and wealth. (shrink)

A theory of property needs to give an account of the whole life-cycle of a property right: how it is initiated, transferred, and terminated. Economics has focused on the transfers in the market and has almost completely neglected the question of the initiation and termination of property in normal production and consumption (not in some original state or in the transition from common to private property). The institutional mechanism for the normal initiation and termination of property is an invisible-hand function (...) of the market, the market mechanism of appropriation. Does this mechanism satisfy an appropriate normative principle? The standard normative juridical principle is to assign or impute legal responsibility according to de facto responsibility. It is given a historical tag of being "Lockean" but the basis is contemporary jurisprudence, not historical exegesis. Then the fundamental theorem of the property mechanism is proven which shows that if "Hume's conditions" (no transfers without consent and all contracts fulfilled) are satisfied, then the market automatically satisfies the Lockean responsibility principle, i.e., "Hume implies Locke." As a major application, the results in their contrapositive form, "Not Locke implies Not Hume," are applied to a market economy based on the employment contract. It is shown the production based on the employment contract violates the Lockean principle (all who work in an employment enterprise are de facto responsible for the positive and negative results) and thus Hume's conditions must also be violated in the marketplace (de facto responsible human action cannot be transferred from one person to another—as is readily recognized when and employer and employee together commit a crime). (shrink)

The correct identification of the abuse of political power during the COVID-19 crisis remains a challenge because officially declaring the pandemic allowed political representatives to exercise additional power disguisable as the maintenance of functioning social order under the principle of preserving humankind. One way to observe the abuse of power in its excess is the degree of compliance exhibited by the people who laid juridical restrictions for the purpose of combating COVID-19. The behaviour of political representatives was evidence (...) of political exceptionalism, for political representatives, as decisive authorities, were the first to disregard measures introduced without suffering negative consequences. Such abuse catalysed the collapse of trust in state communities, but has for its true result the consolidation of the class system in which the ethical value of trust is played out. In this paper, I discuss how the behaviour of state representatives demonstrates the existence of political exceptionalism based on the class system and what this means for the persistence of national trust. (shrink)

We review the definition of the Full Bayesian Significance Test (FBST), and summarize its main statistical and epistemological characteristics. We review also the Abstract Belief Calculus (ABC) of Darwiche and Ginsberg, and use it to analyze the FBST’s value of evidence. This analysis helps us understand the FBST properties and interpretation. The definition of value of evidence against a sharp hypothesis, in the FBST setup, was motivated by applications of Bayesian statistical reasoning to legal matters where the sharp hypotheses were (...) defendants statements, to be judged according to the Onus Probandi juridical principle. (shrink)

This chapter has two goals. First, I will present an interpretation of Kant’s mature account of punishment, which includes a strong commitment to retributivism. Second, I will sketch a non-retributive, “ideal abolitionist” alternative, which appeals to a version of original position deliberation in which we choose the principles of punishment on the assumption that we are as likely to end up among the punished as we are to end up among those protected by the institution of punishment. This is radical (...) relative to Kant’s mature theory of punishment, but arguably it conforms better to the spirit of Kant’s first Critique remarks on imputation and punishment than his mature theory does. (shrink)

I argue that by considering Kant’s engagement with previous theorists of natural right, we can gain a clearer understanding of how he transformed the discipline from its foundations. To do this, I focus my analysis on Kant’s (critical) reception of two models of natural right with which he was very familiar: one from Alexander Baumgarten’s Elements of First Practical Philosophy [Initia philosophiae practicae primae], the other from Gottfried Achenwall’s Natural Law [Ius naturae]. The Initia served as a basis for Kant’s (...) lectures on moral philosophy for over three decades and may thus be considered as having played an important role in shaping his practical philosophy as a whole. Achenwall’s Ius naturae was the textbook that Kant employed in his lectures on natural right for over two decades. I argue that Kant distances himself from previous models of natural right in three main regards: the identification of moral laws with laws of nature, the normative connection between the principles of right and a natural end, and the place of God as the author of moral laws. I then briefly discuss what Kant retains of Baumgarten’s and Achenwall’s models of natural right. Kant’s Metaphysics of Morals preserves the view that a rational doctrine of right belongs to a broader systematic doctrine that comprehends the entire system of duties. I address the question of the division of the Sittenlehre into two branches and claim that, whereas Kant did not consider Baumgarten’s answer to the problem of distinguishing juridical from ethical principles to be satisfactory, he found a key piece of his own resolution in Achenwall’s Ius naturae, namely the definition of right as a power to coerce. (shrink)

Kant limits cosmopolitan right to a universal right of hospitality, condemning European imperial practices towards indigenous peoples, while allowing a right to visit foreign countries for the purpose of offering to engage in commerce. I argue that attempts by contemporary theorists such as Jeremy Waldron to expand and update Kant’s juridical category of cosmopolitan right would blunt or erase Kant’s own anti-colonial doctrine. Waldron’s use of Kant’s category of cosmopolitan right to criticize contemporary identity politics relies on premises that (...) upset Kant’s balanced right to hospitality. An over-extensive right to visit can invoke “Kantian” principles that Kant himself could not have consistently held, without weakening his condemnation of European settlement. I construct an alternative spirit of cosmopolitan right more favorable to the contemporary claims of indigenous peoples. Kant’s analysis suggests there are circumstances when indigenous peoples may choose whether to engage in extensive cultural interaction, and reasonably refuse the risks of subjecting their claims to debate in democratic politics in a unitary public. Cosmopolitan right accorded respect to peoples; any “domestic” adaptation of cosmopolitan right should respect indigenous peoples as peoples, absent a serious public explanation by a democratic state for why it has now become appropriate to treat indigenous peoples merely as individual citizens. (shrink)

"Principles of So-Called 'Material' and 'Formal' Truth. A Logical, Philosophical and Juridical Analysis" Concepts of material and formal truth have a long and well-grounded tradition in the doctrine of law. It seems, however, that they need some clarification and conceptualisation in purely philosophical and logical terms. In this paper, we propose such a theoretical analysis. These considerations are followed by a review of the key aspects of the current Polish legislation, which is written from the point of view of (...) the conclusions reached through the first level of analysis. (shrink)

In his Bipartitum in morali philosophia, the Scottish philosopher William of Manderston, a pupil of John Mair, and an Ockhamist philosopher, is quoting a text of Antonin of Padua who distinguishes the factum opened to a juridical qualification from the inner belief, known by God alone. Quoting the same text, the authors of the Malleus maleficarum try hard to distinguish three distinct fields, the inner beliefs which belongs to God, the exterior acts, the facts, which are relevant for the (...) judges, and the third field, which establishes a relation between the fact and the beliefs. This third field is proper to the inquisitors. Against this ethics of imputability, Manderston, relying on Ockham’s ethics, advocates an intentionalist ethics which depends on a sharp separation between interiority and exteriority. The soteriological dimension of the question entirely belongs to the inner life, whereas the exteriority is strictly disciplinary. By his radicality, Manderston appears as a paradigm of the modern dichotomy between conscience and law, Paolo Prodi once pointed out as a cornerstone of the religious modernity. (shrink)

This paper explores the possibility of a standard legal language (e.g. English) for a principled evolution of law in line with technological development. In doing so, reference is made to blockchain networks and smart contracts to emphasise the discontinuity with the liberal legal tradition when it comes to decentralisation and binary code language. Methodologically, the argument is built on the underlying relation between law, semiotics and new forms of media adding to natural language; namely: code and symbols. In what follows, (...) I will concentrate on the study of factors that explain why such approach can be fruitful for the future of law and innovation. I have three reasons for selecting this topic. The first is a more pragmatic reason, based on my current research of law as a linguistic phenomenon. Secondly, the topic does also touch the matter on binary code language, rivalrous to legal alphabetic language. Lastly, the study aims at emphasizing the pivotal role of the jurist as an interpreter in a changing society accommodating diverging realms of reality. The study is structured as follows. Firstly, a quick exam of the traits of blockchain networks would provide the contextual link to establish the arguments in support of the need of a standard legal language. Secondly, a comparison between liberal legal institutions and theory of semiotics is set to perceive their functioning and ascertain their limits in the light of todays unprecedented changes. Thirdly, a summary on blockchain networks’ legal features would constitute the thrust behind the idea of a uniform legal language. Methodologically, the argument does also establish some relations with classical laws of physics and philosophy of media. Its aim is to demonstrate how the suggested legal interpretation and semiotic-based approach can contribute to overcome existing stumbling blocks including, but not limited to, the lack of cooperation at the international level as well as the gap in State norms when it comes to innovation. In this sense, the proposed strategies do not intend to replace current advances in the legal thought. In contrast, it seeks to harmonise their results providing a methodical approach that can concur to inform a new technique to address new controversial issues. In practice, the proposed method regarding the adoption of a uniform legal language would lower transactive costs in terms of normative coordination in the matter of international cooperation and in the definition of applicable law among different legal systems. Alternatively, it might contribute to the convergence of legal systems and/or their underlying concepts. Differently put, article’s contribution can be envisaged in fostering juridical consistency with regards to different forms of languages’ coexistence. (shrink)

The impermanence of human affairs is a major theme in Spinoza’s discussions of political histories, and from our present-day perspective it is both intriguing and ironic to see how this very theme has played out in the evolving fate of Spinoza’s association with atheism. While Spinoza’s contemporaries charged him with atheism in order to impugn his philosophy (and sometimes his character), in our times many lay readers and some scholars portray Spinoza as an atheist in order to commemorate his role (...) as a founder of modern secularism. In this paper, I will argue that Spinoza deserves neither vilification nor praise for being an atheist, for the simple reason that he was not one (unless one employs the term ‘atheism’ in a very peculiar sense). I have chosen the current topic as my contribution to a volume focused on the TTP, the Ethics, and their interrelations because it is precisely these two books which brought about the common reactionary accusation of atheism by Spinoza’s contemporaries. Addressing Spinoza’s 1663 book, Descartes’ Principles of Philosophy, Bayle writes: “Spinoza appears as orthodox in that book about the nature of God.” As we shall shortly see, Descartes too was accused of atheism by some of his contemporaries (though not so by Bayle). The latter designates his target quite explicitly: “[Spinoza’s] Tractatus Theologico Politicus, printed in Amsterdam, in the year 1670, is a pernicious and execrable book which contains all the seeds of the Atheism he plainly discovered in his Opera Posthuma.” François Lamy, in his 1696 Le nouvel athéisme renversé, also focused on the Ethics and the TTP in his attack on Spinoza’s atheism. Bayle’s reference to the Opera Posthuma is ostensibly targeting the Ethics at least primarily, if not uniquely. Even the most suspicious and distrustful mind would have to labor hard in order to find atheism in the Hebrew Grammar, or even in the Tractatus Politicus where Spinoza argues that it is not within the power, and hence right, of the commonwealth to induce people to adopt utterly absurd beliefs, such as “that the whole is greater than its part or that God does not exist.” The TTP and the Ethics are the works where Spinoza launches his merciless attack on anthropocentric thinking and anthropomorphic religion. Spinoza’s panentheism (“quicquid est, in Deo est”) constitutes the metaphysical foundation of the Ethics, and it is repeatedly and clearly alluded to in the TTP. Since it is these two elements – (1) Spinoza’s open assertions of panentheism and (2) his critique of andromorphic conceptions of God – which are the historical grounds for the atheism charge, it seems natural that the merit of this charge should be decided primarily by examination of these two foundational works. I will proceed in the following manner. In the first part of the paper, we will make our first acquaintance with the imputation of atheism by Spinoza’s contemporaries and Spinoza’s response to the charge (or lack thereof). In the second part, I discuss three broad strategies, or hermeneutic avenues, that have been pursued to impute atheism to Spinoza. The first of the three was dominant in Spinoza’s time, while the latter two were employed more recently. These strategies are not mutually exclusive and we can find occasionally various combinations of different shades of these three strategies. In this part, I will also raise some preliminary questions about the cogency of the hermeneutics employed by each strategy. In the third and fourth parts of the paper, I will discuss a small selection of key texts from the Ethics and the TTP, respectively, and argue that the atheist readings fail to make sense of these key passages (unless one adopts an extreme hermeneutics of suspicion which could allegedly find any view harbored in any text). Let me stress that this selection of passages is far from comprehensive, and that dozens of other passages can be adduced to establish the very same point. I hope by the end of the fourth part to convince the reader of the deep problems besetting the atheist readings. In the fifth and last part, I show that both panentheism and the critique of anthropomorphic religion and anthropomorphic conceptions of providence were quite common within rabbinic discourse. Thus, I will argue that if we are not in the business of announcing that both Maimonides and the Kabbalists were atheists, we should avoid the same imputation to Spinoza. Underlying my argument in this final part is the claim that at least some perceptions of Spinoza as an atheist are instances of what could be termed conceptual colonialism, i.e. the enforcement of the categories of a hegemonic culture (in this case, Western Christianity ) on minority cultures (in the current case, rabbinic Judaism). To be clear, this attitude need not be motivated by ill intentions or racism. It is always tempting and easy to explain the unfamiliar through the familiar, but conceptual stagnation and insistence on imposing the categories of the familiar on other cultures may quickly lead to deep distortion and blindness, despite one’s best intentions. Unless one is exceedingly careful to avoid the – completely natural – temptation to impose one’s own categories on a foreign culture (and to look for the coin only under the street light), one is likely to end up with distorted conceptions of the relevant alien culture, despite one’s best intentions. (shrink)

This thesis studies the formation of rules of experience in Weberian methodology and its adequacy to scientific validation criteria. It was sought to investigate, in the first part of the work, a proposal of justification for the so-called eligibility criteria. It was also tried to explain the meaning used in this research of the term “reason”, which is based on the theoretical conception of the operative reason exposed by Newton da Costa. Again, with the help of the writings of the (...) same author, we have examined those, so named by him, pragmatic principles of scientific reason. The second section of this study presented the three eligibility criteria, namely: i) the difference between to be (sein) and to ought to be (sollen); ii) the possibility of subsumption of individual action; iii) the construction of concepts as ideal types. In the third part of this work, rationally correct action was justified as an anticipated conjecture for a reflexive operation. However, it was supported that there is a significant difference in relation to the rules of experience when applied for the construction of the agent’s actions and in their use for validating the imputation of causal links between social phenomena. In order to validate the results of the research, the rules of experience must be cleverly designed to be general propositions of the experiment, and for this, the characterization of these rules was based in the so-called “Fermi solution”. Subsequent to this methodological proposal, we pondered how the scientist conducts a thought experiment in the empirical sciences of action and the judgment of objective possibility as a counterfactual proposition was logically structured. Thus, we tried to demonstrate the logical structure of the validation mode of knowledge produced in the empirical sciences of action from Weberian pattern. (shrink)

Mistakes are a fact of life, and the criminal law is sadly no exception to the rule. Wrongful convictions are rightfully abhorred, and false acquittals can likewise inspire outrage. In these cases, we implicitly draw a distinction between a court’s finding and a defendant’s actual guilt or innocence. These are intuitive concepts, but as this paper aims to show, contemporary use of the reasonable person standard in the law of self-defense muddles them. -/- Ordinarily, we can distinguish between a person's (...) material guilt or innocence and his juridical guilt or innocence. Someone is materially guilty if his actions in fact matched the conduct proscribed by the penal law. Someone is juridically guilty if he is found guilty by a tribunal, i.e., convicted by a judge or jury. When a tribunal convicts a innocent person or acquits a guilty person, the accuracy of its verdicts can be criticized. -/- There are three definitions of the reasonable person extant amongst courts and commentators: the reasonable person is either (1) a hypothetical ordinary, average person; (2) the embodiment of a community ideal; or (3) an embodiment of an objective ethical standard, i.e., ethical principles independent of community opinion. Nonetheless, after observing the circularity, vagueness, and lack of consistency in the definitions, wise courts and commentators have sometimes resorted to identifying the reasonable person with the judgment of the jury. -/- This piece argues that failure to settle on a fixed definition of the "reasonable person" in the criminal law of self-defense effectively conflates material guilt and innocence and juridical guilt and innocence at the doctrinal level. When courts do not clearly and consistently choose between standards one, two, and three, or when they expressly treat the reasonable person as a form of words standing in for the judgment of the jury, they make it conceptually impossible for observers outside the court system to apply a fixed, definite standard to assess the actual guilt of a person apart from the judgments of tribunals. -/- This paper's main purpose is to identify a conceptual knot rather than propose reforms. Still, it recommends two small changes meant to lift the confusion surrounding the reasonable person. First, it urges that courts expressly settle on one of the three definitions canvassed above. Second, it recommends that courts be mindful of the nature of the reasonable person standard and as such, be wary of treating conclusions about reasonableness as ordinary legal precedents, and wield the power of directed verdict aggressively to protect unpopular defendants from abuse by juries. (shrink)

One Rawlsian response to G. A. Cohen’s criticisms of justice as fairness which Cohen canvasses, and then dismisses, is the 'Freedom Objection'. It comes in two versions. The 'First Version' asserts that there is an unresolved trilemma among the three principles of equality, Pareto-optimality, and freedom of occupational choice, while the 'Second Version' imputes to Rawls’s theory a concern to protect occupational freedom over equality of condition. This article is mainly concerned with advancing three claims. First, the 'ethical solution' Cohen (...) advances against the First Version of the Freedom Objection does not grant a fair hearing to the Freedom Objection. Second, the distinction Cohen presses between the legal and moral right of occupational choice in his response to the Second Version cannot save him from worries about Stalinist coercion. Third, Cohen’s response to the First Version of the Freedom Objection is actually in tension with his response to the Second Version of the Freedom Objection. (shrink)

This introduction aims to describe some fundamental problems of intergenerational justice and climate change. It also intends to provide comments on improved versions of some of the best papers presented in the International Meeting “Intergenerational Justice and Climate Change: juridical, moral and political issues” that took place at Cordoba National University (Argentina), in September 2017. In that meeting, the discussion focused on these topics by considering the ideas of the two keynote speakers invited to the event: Lukas H. Meyer (...) and Alessandro Pinzani. I devote the last part of this essay to discuss two pressing issues concerning climate change whose practical solutions challenge our standard understanding of the notion of harm. I discuss, on the one hand, certain issues related with the non-identity problem. On the other hand, I try to identify what kind of obligation do we have when we talk about minimizing the number of people who will suffer harm as a result of the adverse effects of climate change. (shrink)

"I tend to agree with more dialectical positions such as Noxon's who, even being a critic of the approach of the two concepts, writes the following: Hume explained certain mental phenomena, notably belief, as effects of the association. And, going further, I say that belief is a feeling or sensation aroused by two factors: habit and the association of ideas, but it does not arise either from one or from other singly, each one is a part of a process that (...) involves both. Therefore habit is an underlying principle which acts upon reasonable beings during their observation of constant conjunctions, in such a way that imagination can associate ideas only through this principle acting in the mind. However, as I have already stated in another text, such an association realised by the imagination will catch up to its certainty status just with the emergence of a feeling which imputes necessity to what is instead merely contingent" (Sample taken up from the text). (shrink)

According to the Principle of Sufficient Reason (henceforth ‘PSR’), everything has an explanation or sufficient reason. This paper addresses three questions. First, how continuous is the contemporary notion of grounding with the notion of sufficient reason endorsed by Spinoza, Leibniz, and other rationalists? In particular, does a PSR formulated in terms of ground retain the intuitive pull and power of the PSR endorsed by the rationalists? Second, to what extent can the PSR avoid the formidable traditional objections levelled against (...) it if it is formulated in terms of ground? And finally, how might historical discussion of the PSR shed light on the contemporary notion of grounding? (shrink)

The principle of indifference states that in the absence of any relevant evidence, a rational agent will distribute their credence equally among all the possible outcomes under consideration. Despite its intuitive plausibility, PI famously falls prey to paradox, and so is widely rejected as a principle of ideal rationality. In this article, I present a novel rehabilitation of PI in terms of the epistemology of comparative confidence judgments. In particular, I consider two natural comparative reformulations of PI and (...) argue that while one of them prescribes the adoption of patently irrational epistemic states, the other provides a consistent formulation of PI that overcomes the most salient limitations of existing formulations. (shrink)

THE PRINCIPLE OF SUPERPOSITION. The need for a quantum theory Classical mechanics has been developed continuously from the time of Newton and applied to an ...

Basal cognition investigates cognition working upward from nonneuronal organisms. Because basal cognition is committed to empirically testable hypotheses, a methodological challenge arises: how can experiments avoid using zoocentric assumptions that ignore the ecological contexts that might elicit cognitively driven behavior in nonneuronal organisms? To meet this challenge, I articulate the principle of dynamic holism (PDH), a methodological principle for guiding research on nonneuronal cognition. I describe PDH’s relation to holistic research programs in human-focused cognitive science and psychology then (...) present an argument from analogy based on holistic developmental biology. Last, I examine two experiments exemplifying the need for PDH. (shrink)

Many theorists have proposed that we can use the principle of indifference to defeat the inductive sceptic. But any such theorist must confront the objection that different ways of applying the principle of indifference lead to incompatible probability assignments. Huemer offers the explanatory priority proviso as a strategy for overcoming this objection. With this proposal, Huemer claims that we can defend induction in a way that is not question-begging against the sceptic. But in this article, I argue that (...) the opposite is true: if anything, Huemer’s use of the principle of indifference supports the rationality of inductive scepticism. (shrink)

The polarities of democracy framework is used to achieve human emancipation by simultaneously managing multiple paradoxes by employing Johnson’s polarity management as the conceptual framework. Although Johnson’s framework may be appropriate for managing other tension-dependent pairs, it is less suitable for managing multiple democratic values when the goal is human emancipation and sustainable democratic social change. Managing multiple polarities is exacerbated by the problem-shifting and problem-creation effect inherent in a tension-driven framework. The aim was to develop a constructivist grounded theory (...) to answer the research question: How can the first principles of democracy be used to reduce dynamic tension and achieve human emancipation? This gap has been filled by a parsimonious conceptual framework based on three democratic principles: human dignity, fairness, and knowledge. The principles of democracy conceptual framework can synthesize the tension between democratic values in order to manage, plan, and evaluate democratic social change initiatives. (shrink)

Leibniz was a philosopher of principles: the principles of Contradiction, of Sufficient Reason, of Identity of Indiscernibles, of Plenitude, of the Best, and of Continuity are among the most famous Leibnizian principles. In this article I shall focus on the first three principles; I shall discuss various formulations of the principles (sect. 1), what it means for these theses to have the status of principles or axioms in Leibniz’s philosophy (sect. 2), the fundamental character of the Principles of Contradiction and (...) Sufficient Reason (sect. 3), some attempts to demonstrate the Principles of Contradiction and Sufficient Reason (sect. 4), and one attempt to demonstrate the Principle of Identity of Indiscernibles (sect. 5). The main results of the chapter are summarized in a short conclusion (sect. 6). (shrink)

Given the importance of the principle of causality for the demonstration of God’s existence, this paper attempts to justify the evidence and necessity of the principle of causality, by following Fr. Fabro’s Thomistic defense—based on the notion of participation—but adding a particular emphasis on the notion of “being which is not per se,” this latter as an explanatory notion of the notion of “being which is by participation.” The introductory remarks touch upon two misunderstandings regarding the notion of (...) participation employed as a subject of the principle of causality: the first, considering “participated being” as a synonym of “received being,” and the second, the confusion, regarding the notion of being by participation, between its notional dependence on the notion of being as a whole and its real dependence on the real intensive Being. Then, in the first point, the defense of the principle of causality is distinguished from other related problems, like the particular applications of this principle. In the second and main point, we try to justify the necessity of being caused in the being which is experienced as being by participation, as follows: 1) that which is something by participation is not this something per se; 2) now, that which is not per se, either is not or is per aliud, 3) Therefore, that which is something by participation is per aliud. In the third and last point, we endeavor to justify the Thomism of our defense and of our emphasis on this notion of “being which is not per se” by considering two texts of St. Thomas. (shrink)

Leibniz, and many following him, saw the Principle of Sufficient Reason (PSR) as pivotal to a scientific (demonstrated) metaphysics. Against this backdrop, Kant is expected to pay close attention to PSR in his reflections on the possibility of metaphysics, which is his chief concern in the Critique of Pure Reason. It is far from clear, however, what has become of PSR in the Critique. On one reading, Kant has simply turned it into the causal principle of the Second (...) Analogy. On a different reading, PSR is but the supreme principle of reason, which roughly states that, if the conditioned is given, so is the unconditioned. On my reading, PSR appears in the guises of both the causal principle and the supreme principle. This twofold specification, I argue, is key to understanding (i) Kant’s allegations that past metaphysicians failed to prove PSR, (ii) his own Critical account of the possibility of metaphysics in both of its parts (ontology and metaphysics proper), and (iii) his nuanced answer to the contentious question about the relation between physical inquiry and metaphysical reasoning about nature (both being quests for reasons). (shrink)

This paper examines John Rawls' renowned theory of justice, which outlines two principles of justice and their respective significance. It explores how Rawls' notion of equality aligns with the philosophical concept of equity, emphasizing that his call for citizen equality inherently incorporates fairness. Additionally, the paper discusses the application of Rawls' "Difference Principle" to India's reservation policy. Rawls' principles, which aim to support the worst-off in society, are reflected in India's system of reservations for marginalized groups, including backward classes (...) and differently-abled individuals, to promote equitable opportunities. However, the paper cautions that excessive reservations could limit opportunities for more privileged groups. Ultimately, it is argued that Rawls' concept of social justice has contributed to the promotion of social justice in India. (shrink)

In this essay, “The Principle of Autonomy in Kant’s Moral Theory: Its Rise and Fall,” Pauline Kleingeld notes that Kant’s Principle of Autonomy, which played a central role in both the Groundwork for the Metaphysics of Morals and the Critique of Practical Reason, disappeared by the time of the Metaphysics of Morals. She argues that its disappearance is due to significant changes in Kant’s political philosophy. The Principle of Autonomy states that one ought to act as if (...) one were giving universal laws through one’s maxims. The criterion of just legislation that Kant accepted in the mid-1780s does not require any actual consent on the part of the citizens—genuine universality is sufficient for a law to be just. Hence, at that time, Kant could indeed explicate the criterion governing the moral permissibility of one’s maxims by drawing an analogy with the criterion governing the justice of political laws. In the Metaphysics of Morals and in other works in the 1790s, however, he added the further condition that laws must be given with the consent of the citizens. With this further condition, the moral criterion was no longer fully analogous to the criterion for political laws being just. Accordingly, Kleingeld argues, Kant dropped the Principle of Autonomy, which was firmly based on that analogy. (shrink)

The key assumption behind evolutionary epistemology is that animals are active learners or ‘knowers’. In the present study, I updated the concept of natural learning, developed by Henry Plotkin and John Odling-Smee, by expanding it from the animal-only territory to the biosphere-as-a-whole territory. In the new interpretation of natural learning the concept of biological information, guided by Peter Corning’s concept of “control information”, becomes the ‘glue’ holding the organism–environment interactions together. The control information guides biological systems, from bacteria to ecosystems, (...) in the process of natural learning executed by the universal algorithm. This algorithm, summarized by the acronym IGPT (information-gain-process-translate) incorporates natural cognitive methods including sensing/perception, memory, communication, and decision-making. Finally, the biosphere becomes the distributed network of communicative interactions between biological systems termed the interactome. The concept of interactome is based on Gregory Bateson’s natural epistemology known as the “ecology of mind”. Mimicking Bateson’s approach, the interactome may also be designated “physiology of mind”—the principle behind regulating the biosphere homeostasis. (shrink)

When people share the same knowledge and culture, it is difficult to distinguish whether their ‎national speech is humanitarian or racist. Such things make it easy for people to accept ‎unhumanitarian speech just because it stems from their culture. Hence, the purpose of this ‎investigation is to give readers a tool to assist them in discriminating between discourses that ‎are racist and those that are humanitarian. It is called the principle of compliance. The principle ‎said that if all (...) nations and different cultures apply this discourse, what will be the overall ‎result in respect for people’s lives and plant resources? Does this discourse encourage ‎greater goodness or evil?. Goodness has been defined as preserving humanity and the Earth's ‎natural resources.‎. (shrink)

The Principle of Sufficient Reason is very seldom, if ever, referred to in the works of whom we might think of as the eminent Asian metaphysicians. In spite of this, the big picture metaphysical views available in the thought of philosophers such as Nāgārjuna, Fazang and Nishida appear to share certain structural features with views more familiar to us from our own tradition; views that explicitly accept or reject the Principle of Sufficient Reason. Nāgārjuna looks to develop a (...) kind of metaphysical infinitism, Fazang an extreme form of coherentism, and Nishida a species of foundationalism. These three positions - infinitism, coherentism and foundationalism - are typically thought to exhaust the spread of possibilities by those working within the Western tradition. -/- In spite of their similarities to positions advanced within our own tradition, the cosmologies of many of the giants of Asian philosophy are characterised by their rather striking conclusions. Amongst such conclusions for Nāgārjuna is that everything is empty; for Fazang that everything is identical to everything else; and for Nishida that everything depends on absolute nothingness. If the Principle of Sufficient Reason is playing a role in the derivation of such striking conclusions, then it looks that there are more options regarding the metaphysical structure of the world available to us than our own tradition typically courts. If, on the other hand, these striking cosmological conclusions are arrived at without any consideration of sufficient reason, then there may well be ways of reasoning about the overarching structure of reality that are powerful but unfamiliar to Western thinking. In this contribution, I explore what, if any, role the PSR might be playing in the thought of Nāgārjuna , Fazang and Nishida, and what we might be able to learn from it. (shrink)

Formulations of Mill's principle of utility are examined, and it is shown that Mill did not recognize a moral obligation to maximize the good, as is often assumed. His was neither a maximizing act nor rule utilitarianism. It was a distinctive minimizing utilitarianism which morally obligates us only to abstain from inflicting harm, to prevent harm, to provide for others minimal essentials of well being (to which rights correspond), and to be occasionally charitable or benevolent.

Logic arguably plays a role in the normativity of reasoning. In particular, there are plausible norms of belief/disbelief whose antecedents are constituted by claims about what follows from what. But is logic also relevant to the normativity of agnostic attitudes? The question here is whether logical entailment also puts constraints on what kinds of things one can suspend judgment about. In this paper I address that question and I give a positive answer to it. In particular, I advance two logical (...) norms of agnosticism, where the first one allows us to assess situations in which the subject is agnostic about the conclusion of a valid argument and the second one allows us to assess situations in which the subject is agnostic about one of the premises of a valid argument. (shrink)

Normative political theorists have been growing more and more aware of the many difficult questions raised by the discretionary power inevitably left to public administrators. This article aims to advance a novel normative principle, called ‘principle of restraint’, regulating reform of established administrative agencies. I argue that the ability of public administrators to exercise their power in accordance with the requirements of public reason is protected by an attitude of restraint on the part of potential reformers. Specifically, they (...) should refrain from any reform of an administrative agency that involves a switch to a considerably more loosely interconnected system of values underlying the work of that agency. To illustrate the importance of the principle of restraint, I examine a case from British health policy, showing that a recent reform of the National Institute for Health and Care Excellence well exemplifies the serious problems brought by any violation of that principle. (shrink)

Sometimes different partitions of the same space each seem to divide that space into propositions that call for equal epistemic treatment. Famously, equal treatment in the form of equal point-valued credence leads to incoherence. Some have argued that equal treatment in the form of equal interval-valued credence solves the puzzle. This paper shows that, once we rule out intervals with extreme endpoints, this proposal also leads to incoherence.

Despite the importance of the variational principles of physics, there have been relatively few attempts to consider them for a realistic framework. In addition to the old teleological question, this paper continues the recent discussion regarding the modal involvement of the principle of least action and its relations with the Humean view of the laws of nature. The reality of possible paths in the principle of least action is examined from the perspectives of the contemporary metaphysics of modality (...) and Leibniz's concept of essences or possibles striving for existence. I elaborate a modal interpretation of the principle of least action that replaces a classical representation of a system's motion along a single history in the actual modality by simultaneous motions along an infinite set of all possible histories in the possible modality. This model is based on an intuition that deep ontological connections exist between the possible paths in the principle of least action and possible quantum histories in the Feynman path integral. I interpret the action as a physical measure of the essence of every possible history. Therefore only one actual history has the highest degree of the essence and minimal action. To address the issue of necessity, I assume that the principle of least action has a general physical necessity and lies between the laws of motion with a limited physical necessity and certain laws with a metaphysical necessity. (shrink)

Is life a simple result of a conjunction of physico-chemical processes? Can be reduced to a mere juxtaposition of spatially determined events? What epistemology or world-view allows us to comprehend it? Aristotle built a novel philosophical system in which nature is a dynamical totality which is in constant movement. Life is a manifestation of it, and is formed and governed by the psyche. Psyche is the organizational principle of the different biological levels: nutritive, perceptive and intelective. Driesch's crucial experiment (...) provided empirical proof of the principle of life, which he called entelechy. Entelechy is an intensive manifoldness and cannot be comprehended by the usual extensive parameters. The entelechian's own ambiance is duration. This allows the reintroduction of the concept of teleology in the sphere of the living, understood not as a final cause, but as an order born from desire and leading to action. (shrink)

The thesis that in order to genuinely think about a particular object one must be (in some sense) acquainted with that object has been thoroughly explored since it was put forward by Bertrand Russell. Recently, the thesis has come in for mounting criticism. The aim of this paper is to point out that neither the exploration nor the criticism have been sensitive to the fact that the thesis can be interpreted in two different ways, yielding two different principles of acquaintance. (...) One principle uses the notion of content in distinguishing genuine thinking-about things from a merely derivative kind of thinking-about things. The other principle is quiet about content, focusing instead on a distinction between satisfactional and non-satisfactional means of bringing things into thought. Most work has focused on the first, content-based principle of acquaintance. But criticisms of this principle do not apply straightforwardly to the non-content-based principle. I shall argue that the latter principle merits independent assessment as part of the broader effort to account for genuine thinking about particular objects. In the final section of the paper, I will sketch a roadmap for this assessment. (shrink)

This article presents the proposal of the principle of sound and light from mathematics and physics, as the origin of nature and the universe, using the Cartesian plane, together with the triadic plane of potential manifestation and complex organisation, starting from the contributions of four pre-Socratic philosophers, Pythagoras of Ephesus, Parmenides of Elea, Heraclitus of Samos and Democritus of Abdera, thus identifying essential principles of the origin of these, to conclude with the most important demonstrations of this theory, which (...) allow its articulation with current science. (shrink)

I argue that Émilie Du Châtelet breaks with Christian Wolff regarding the scope and epistemological content of the principle of sufficient reason, despite his influence on her basic ontology and their agreement that the principle of sufficient reason has foundational importance. These differences have decisive consequences for the ways in which Du Châtelet and Wolff conceive of science.

Positions in the debate about the correct semantics of “S knows that p” are sometimes motivated in part by an appeal to interpretive charity. In particular, non-skeptical views hold that many utterances of the sentence “S knows that p” are true and some of them think the fact that their views are able to respect this is a reason why their views are more charitable than skeptical invariantism. However, little attention has been paid to why charity should be understood in (...) this way and little effort has been spent justifying the notion that a charitable semantics is likely to be true. I distinguish two kinds of interpretive charity. One principle of charity is often appealed to in the literature. I introduce a second. I argue that while some positions better respect one principle of charity, the reverse is true of the other principle of charity. I conclude with some remarks about how to break this apparent tie. (shrink)

The article considers the problem of the system model of family counseling, in particular, the analysis of the family as a social system, as a complex of elements and their properties, which are in dynamic connections and relationships. The analysis of the theory of systems and the description of the principles of family counseling is carried out. Particular attention is paid to highlighting the main provisions of the individual (“adlerian”) psychology in counseling the family. -/- Currently among specialists there is (...) a high interest in the provision of psychological assistance to a family in crisis. This is largely due to the fact that over the past decades, the institution of the family in this country is experiencing an increase in destructive tendencies. This is evidenced by an increase in the number of appeals to school psychologists, psychological counseling, psychological services and centers from both the individual members of the family and families in general. -/- The psychological help to the family is positioned as a relatively new field of practice for a psychologist. The practice of counseling, including family, is largely determined by the theoretical skills of the counselor, primarily as (s)he understands the personality, determination of behavior, the source of family problems, and the possibility of change. Today, practitioners prefer the integrative method, which is a system approach. -/- The purpose of this article is to analyze the theory of systems as the basis of family counseling. The system model of family counseling is considered to be one of the youngest and most widespread models that received their recognition at the end of the twentieth century. (shrink)

This is the second chapter of my book Transformation of the Self. It concerns Schleiermacher's understanding of the principle of individuation, in dialogue with Kant, Jacobi, Leibniz and Spinoza.

The Principle of Analogy. ABSTRACT. Sceptics question whether ‘distinctively human’ predicates such as ‘just’, ‘loving’ and ‘powerful’ can intelligibly be attributed to a divine being. If not, then a vicious form of agnosticism seems to threaten orthodox theism. Especially if one assumes a broadly empiricist semantics the challenge, whether formulated in terms of a univocal or an equivocal understanding of predicates, seems to generate intractable philosophical problems. Aquinas’ theory of analogical predication, understood either in terms of ‘analogy duorum ad (...) tertium’ or in terms of ‘analogy unus ad alterum’, is an influential response to this sceptical challenge. Difficulties in each understanding are explored and it is suggested that a more fruitful framework for understanding theistic language is to be found in late 20th century nativism of Fodor and Quine. (shrink)

Principles of Art History: The Problem of the Development of Style in Early Modern Art Heinrich Wölfflingetty research institute. 2015. pp. 356. £20.00.

The principle of sufficient reason threatens modal collapse. Some have suggested that by appealing to the indefinite extensibility of contingent truth, the threat is neutralized. This paper argues that this is not so. If the indefinite extensibility of contingent truth is developed in an analogous fashion to the most promising models of the indefinite extensibility of the concept set, plausible principles permit the derivation of modal collapse.

In this paper, I argue that there are multiple principles of apperception which jointly constitute the foundation of Kant's argument in the transcendental deduction.

Recent debate in the literature on political obligation about the principle of fairness rests on a mistake. Despite the widespread assumption to the contrary, a person can have a duty of fairness to share in the burdens of sustaining some cooperative scheme even though that scheme does not represent a net benefit to her. Recognizing this mistake allows for a resolution of the stalemate between those who argue that the mere receipt of some public good from a scheme can (...) generate a duty of fairness and those who argue that only some voluntary action of consent or acceptance of the good can generate such a duty. I defend a version of the principle of fairness that holds that it is the person’s reliance on a scheme for the provision of some product or service that generates duties of fairness to share in the burdens of sustaining the scheme. And, on this version, the principle of fairness is politically significant: regardless of whether the citizen has a duty to obey the law, she will still have important political duties of fairness generated by her reliance on the various public goods provided by those society-wide cooperative schemes sustained by the sacrifices of her fellow citizens. (shrink)

By exercising their (imperfect) capacity to discriminate, people try to recognize and to understand some important differences between things that make them prefer some things to other. In this article I will use my ability to discriminate between people and societies according to a principle which plays the role of attractor, both at individual and societal levels, namely the principle of peaceable conduct. This principle allows us to discriminate at the civic level between the people who have (...) a civilized conduct and those who manifest an aggressive conduct. The category of civilized people includes individuals who (a) respect the life and bodily integrity of their fellows, (b) practice self-control, not control over others and (c) do not claim, through coercive means, the goods that their fellows have obtained by making free and peaceful use of their own faculties and capabilities. The category of aggressive people reunites (a) murderers (those who endanger the lives of their fellow), (b) tyrants (those who beslave their fellows by taking control of some of their faculties) and (c) thieves (those who claim the goods of their fellows without their consent). The civilized conduct requires high standards of action of the people who embrace it and, implicitly, considerable physical and psychical costs. The primary impulses originating in our lower Self blatantly contradict the respect for life, liberty and property of our fellows, so that it seems impossible for them to be controlled only by personal effort. Therefore, it is vital that the energy allotted to peaceable conduct by our higher Self be superior to the energy which it spontaneously mobilizes in support of the primary impulses of our lower Self. This can be achieved by feeding the people with the social energy of certain social emotions in the process of internalizing the norms of peaceable conduct. Among these emotions, contempt and shame, respectively anger and guilt stand out through the predominance of the moral dimension and force of shaping human conduct. They underlie two different moral systems – “shame morality”, and “guilt morality” respectively – that support our peaceable conduct and, ipso facto, our civilized life. (shrink)