Amongst the entities making up social reality, are there necessary relations whose necessity is not a mere reflection of the logical connections between corresponding concepts? We distinguish three main groups of answers to this question, associated with Hume and Adolf Reinach at opposite extremes, and with Searle who occupies a position somewhere in the middle. We first set forth Reinach’s views on what he calls ‘material necessities’ in the realm of social entities. We then attempt to show that Searle has (...) not identified a sustainable position somewhere between the Humean and the Reinachian extremes. This is because Searle’s position is threatened by circularity, and to steer clear of that danger it must incorporate at least some elements of Reinach’s essentialism. (shrink)

A dispositional property is a tendency, or potency, to manifest some characteristic behaviour in some appropriate context. The mainstream view in the twentieth century was that such properties are to be explained in terms of more fundamental non-dispositional properties, together with the laws of nature. In the last few decades, however, a rival view has become popular, according to which some properties are essentially dispositional in nature, and the laws of nature are to be explained in terms of (...) these fundamental dispositions. The supposed ability of fundamental dispositions to ground natural laws is one of the most attractive features of the dispositional essentialist position. In this paper, however, I cast doubt on the ability of dispositional essences to ground the laws of nature. In particular I argue that the dispositional essentialist position is not able to coherently respond—sympathetically or otherwise—to Cartwright's challenge that there are no true general laws of nature. (shrink)

Properties have an important role in specifying different views on laws of nature: virtually any position on laws will make some reference to properties, and some of the leading views even reduce laws to properties. This chapter will first outline what laws of nature are typically taken to be and then specify their connection to properties in more detail. We then move on to consider three different accounts of properties: natural, essential, and dispositional properties, and we (...) shall see that different conceptions of properties also result in different views of the modal status of laws, such as the question of whether laws are metaphysically necessary or contingent. Finally, there are also important links specifically between properties, natural kinds, and laws of nature that deserve our attention. (shrink)

The Great Divide in metaphysical debates about laws of nature is between Humeans, who think that laws merely describe the distribution of matter, and non-Humeans, who think that laws govern it. The metaphysics can place demands on the proper formulations of physical theories. It is sometimes assumed that the governing view requires a fundamental / intrinsic direction of time: to govern, laws must be dynamical, producing later states of the world from earlier ones, in accord with (...) the fundamental direction of time in the universe. In this paper, we propose a minimal primitivism about laws of nature (MinP) according to which there is no such requirement. On our view, laws govern by constraining the physical possibilities. Our view captures the essence of the governing view without taking on extraneous commitments about the direction of time or dynamic production. Moreover, as a version of primitivism, our view requires no reduction / analysis of laws in terms of universals, powers, or dispositions. Our view accommodates several potential candidates for fundamental laws, including the principle of least action, the Past Hypothesis, the Einstein equation of general relativity, and even controversial examples found in the Wheeler-Feynman theory of electrodynamics and retrocausal theories of quantum mechanics. By understanding governing as constraining, non-Humeans who accept MinP have the same freedom to contemplate a wide variety of candidate fundamental laws as Humeans do. (shrink)

Over the past 50 years, there has been a great deal of philosophical interest in laws of nature, perhaps because of the essential role that laws play in the formulation of, and proposed solutions to, a number of perennial philosophical problems. For example, many have thought that a satisfactory account of laws could be used to resolve thorny issues concerning explanation, causation, free-will, probability, and counterfactual truth. Moreover, interest in laws of nature is not constrained to (...) metaphysics or philosophy of science; claims about laws play essential roles in areas as diverse as the philosophy of religion (e.g., in the argument from design) and the philosophy of mind (e.g., in the formulation of Davidson’s anomalous monism). In my dissertation, I consider and reject the widely-held thesis that the facts concerning laws can be reduced to the facts concerning the particular entities that the laws “govern,” and that the laws thus have no independent existence. I instead defend a version of nomic primitivism, according to which the facts about laws cannot be reduced to facts that are themselves non-nomic – i.e., to facts that do not fundamentally involve laws, counterfactuals, causes, etc. Insofar as the truth or falsity of reductionism about laws has implications for many of the problems mentioned above, I think that this result should be of interest even to those who who do not work in metaphysics or the philosophy of science. My methodology, which I lay out and defend in Chapter One, is a version of Carnapian explication. This method emphasizes the importance of articulating and maintaining clear distinctions between (1) the vague concept (or concepts) law of nature inherent in ordinary language and scientific practice and (2) the precise analyses of “law of nature” that philosophers have proposed as potential replacements for this concept. I argue that metaphysics-as-explication has clear advantages over rival conceptions of metaphysical methodology; in particular, it allows us to formulate evaluative criteria for metaphysical claims. In Chapter Two, I offer an example of how careful attention to concepts already in use can help resolve philosophical debate. Specifically, I argue that much recent literature has mistakenly assumed that there is only one concept of “law of nature” in use, while there are in fact at least two. Strong laws are the principles pursued by fundamental physics: they are true, objective, and bear distinctive relationships to counterfactuals and explanation. Weak laws, by contrast, lack at least one of these distinctive characteristics but play central roles in both the “special sciences” and in everyday life. In Chapters Three and Four, I offer extended arguments against the two most prominent versions of reductionism about laws – Humeanism and law necessitarianism. According to philosophical Humeans, the laws of nature supervene upon the non-modal, non-nomic facts concerning the behavior of particular things at particular times and places. Law necessitarians, by contrast, argue that the laws are in fact metaphysically necessary, and that which laws there are is determined by a class of primitive, modally loaded facts concerning the essences, natures, or dispositions. I argue that both of these views are mistaken insofar as they disagree with well-entrenched scientific practices and those in favor of reductionism have failed to provided sufficient reason for thinking that these practices should be revised. Much of my argument is focused on the role played by a number of supposed methodological principles, including appeals to intuition, parsimony, and methodological naturalism. While the conclusions of this dissertation are explicitly constrained to laws, many of the arguments should be of interest to those who are concerned about philosophical methodology (especially in the role of intuition in philosophical argument) or the appropriate relation between metaphysics, science, and the philosophy of science. (shrink)

In a recent paper, Tuomas Tahko has argued for a hybrid view of the laws of nature, according to which some physical laws are metaphysically necessary, while others are metaphysically contingent. In this paper, we show that his criterion for distinguishing between these two kinds of laws — which crucially relies on the essences of natural kinds — is on its own unsatisfactory. We then propose an alternative way of drawing the metaphysically necessary/contingent distinction for laws (...) of physics based on the central kinematical/dynamical distinction used in physical theorising, and argue that the criterion can be used to amend Tahko’s own account, but also that it can be combined with different metaphysical views about the source of necessity. (shrink)

Discussions about the nature of essence and about the inference problem for non-Humean theories of nomic modality have largely proceeded independently of each other. In this article I argue that the right conclusions to draw about the inference problem actually depend significantly on how best to understand the nature of essence. In particular, I argue that this conclusion holds for the version of the inference problem developed and defended by Alexander Bird. I argue that Bird’s own argument that (...) this problem is fatal for David Armstrong’s influential theory of the laws of nature but not for dispositional essentialism is seriously flawed. In place of this argument, I develop an argument that whether Bird’s inference problem raises serious difficulties for Armstrong’s theory depends on the answers to substantial questions about how best to understand essence. The key consequence is that considerations about the nature of essence have significant, underappreciated implications for Armstrong’s theory. (shrink)

Dispositional essentialists argue that physical properties have their causal roles essentially. This is typically taken to mean that physical properties are identical to dispositions. I argue that this is untenable, and that we must instead say that properties bestow dispositions. I explore what it is for a property to have such a role essentially. Dispositional essentialists argue for their view by citing certain epistemological and metaphysical implications, and I appeal to these implications to place desiderata on the concept of (...) class='Hi'>essence involved. I argue that the traditional modal theory of essence meets these desiderata, but that the resulting theory wrongly implies that certain dispositions essential to mass are essential to charge, thereby offering a new argument against modal theories of essence. I argue that dispositional essentialism requires a primitive notion of essence, and develop a primitivist theory based on Kit Fine's views. I show that the primitivist theory has all the virtues of the modal alternative, and none of the vices. I develop a novel way of thinking about the relationship between properties, laws and dispositions, and argue that it has distinct advantages over standard dispositional essentialist formulations. (shrink)

Even the most cursory reader of Husserl’s writings must be struck by the frequent references to essences (“Wesen”, “Essenzen”), Ideas (“Idee”), kinds, natures, types and species and to necessities, possibilities, impossi- bilities, necessary possibilities, essential necessities and essential laws. What does Husserl have in mind in talking of essences and modalities? What did he take the relation between essentiality and modality to be? In the absence of answers to these questions it is not clear that a reader of Husserl (...) can be said to understand him. (shrink)

In `Essence and Modality', Kit Fine proposes that for a proposition to be metaphysically necessary is for it to be true in virtue of the nature of all objects whatsoever. Call this view Fine's Thesis. This paper is a study of Fine's Thesis in the context of Fine's logic of essence (LE). Fine himself has offered his most elaborate defense of the thesis in the context of LE. His defense rests on the widely shared assumption that metaphysical necessity (...) obeys the laws of the modal logic S5. In order to get S5 for metaphysical necessity, he assumes a controversial principle about the nature of all objects. I will show that the addition of this principle to his original system E5 leads to inconsistency with an independently plausible principle about essence. In response, I develop a theory that avoids this inconsistency while allowing us to maintain S5 for meta- physical necessity. However, I conclude that our investigation of Fine's Thesis in the context of LE motivates the revisionary conclusion that metaphysical necessity obeys the principles of the modal logic S4, but not those of S5. I argue that this constitutes a distinctively essentialist challenge to the received view that the logic of metaphysical necessity is S5. (shrink)

How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any number of (...) transformations—rebranding, spinning-off a division, merging, changing ownership, changing management, swapping lines of business, etc. These changes are common among all corporations, including those trying to conceal or limit liability for past crimes. This article takes a first step toward developing a workable and philosophically satisfying theory of corporate personal identity and discusses its prospects for fulfilling the retributive, rehabilitative, and deterrent purposes of criminal law. (shrink)

It is widely held that, in his pre-Critical works, Kant endorsed a necessitation account of laws of nature, where laws are grounded in essences or causal powers. Against this, I argue that the early Kant endorsed the priority of laws in explaining and unifying the natural world, as well as their irreducible role in in grounding natural necessity. Laws are a key constituent of Kant’s explanatory naturalism, rather than undermining it. By laying out neglected distinctions Kant (...) draws among types of natural law, grounding relations, and ontological levels, I show that his early works present a coherent and sophisticated laws-first account of the natural order. (shrink)

In his lectures on Logic and Metaphysics, Kant distinguishes between logical and real essences. While the former is related to concepts and is knowable, the latter is related to things and is unknowable. In this paper, I argue that the unknowability is explained by the modal characteristic of real essences as a necessitating ground on which a priori knowledge is impossible. I also show how this claim is related to the unknowable necessity of particular laws of nature. Since (...) class='Hi'>laws of nature are conceived as grounded in real essences, the unknowability of the latter is equivalent to Kant's other claim that there can be no knowledge of the necessity of particular laws of nature. Necessity can only be known a priori, and therefore, the necessity of particular laws is only assumed and conceived as grounded in something unknowable, a real essence. This conclusion will allow me to attribute to Kant a position I label as “regulative essentialism”, meaning that real essences have an indispensable role in accordance with the rational interest to explain nature as a system of laws and natural kinds, combined with an epistemic humility about the correspondence of our empirical concepts to real essences. (shrink)

In the first part of this paper, I argue against the view that laws of nature are contingent, by attacking a necessary condition for its truth within the framework of a conception of laws as relations between universals. I try to show that there is no independent reason to think that universals have an essence independent of their nomological properties. However, such a non-qualitative essence is required to make sense of the idea that different laws (...) link the same universals in different possible worlds. In the second part, I give a positive argument for the necessity of at least some laws of nature, by showing with the example of a paradigmatic law of association that it consists in an internal relation between two universals which are determinables of the same class of determinates, where this relation is essential to both. Furthermore, I show that the necessity of laws of association could be accommodated within David Lewis' Humean metaphysics, but that it is incompatible with David Armstrong's combinatorialism. (shrink)

During the last quarter of a century, a number of philosophers have become attracted to the idea that necessity can be analyzed in terms of a hyperintensional notion of essence. One challenge for proponents of this view is to give a plausible explanation of our modal knowledge. The goal of this paper is to develop a strategy for meeting this challenge. My approach rests on an account of modality that I developed in previous work, and which analyzes modal properties (...) in terms of the notion of a metaphysical law. I discuss what information about the metaphysical laws is required for modal knowledge. Moreover, I describe two ways in which we might be able to acquire this information. The first way employs inference to the best explanation. The metaphysical laws, including the essential truths, play a crucial role in causal and grounding explanations and we can gain knowledge of these laws by abductive inferences from facts of which we have perceptual or a priori knowledge. The second way of gaining information about the metaphysical laws rests on knowledge that is partly constitutive of competence with the concepts that are needed to express the relevant information. Finally, I consider how knowledge of the metaphysical laws can be used to establish modal claims, paying special attention to the much-discussed connection between conceiving and possibility. (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)

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)

The present essay is a compact form of the results obtained during many decades of research into the primeval foundations of the collective fields of force, both social and of consciousness. Since everything is determined by their origins, and the collective forces arise from the mind, we had to explore the ultimate origins of mind. We have come to recognize the law of interactions as the law and necessity which determine the primeval origins of mind. It also determines the substance (...) and essence of the Universe and the modes of its existence and functioning. The present essay is a concise form of results obtained during many decades of research in the primeval foundations of collective, both social and consciousness fields. I point out that a yet unknown type of forces existed in the Golden Age, which I termed as collective force. In the Golden Age mankind lived in communities which had a full unity. The communal life developed its collective forms, of which the most significant are the development of human speech, of language, share of work and the development of the communal fests. The law determining the primeval origins of mind is the cosmic law of interactions. It defines the substance of the Universe and the ways of its existence and activity. A detailed analysis is presented on the nature of the lay of interaction here. One consequence of this fundamental principle is the general prevalence of the principle of mutuality, which plays a basic role in the understanding of the unfolding and degeneration of consciousness. The principle of mutuality determines the changes of every levels of life. The laws of the generation of consciousness in the ages of evolution toward Homo and the Golden Age are analysed. I presented some evidences indicating the factual existence of the Golden Age, as well as its destruction, which was necessarily accompanied by the overthrow of the consciousness of the Golden Age, its repression and replacement by the newly developed rational, upper or superficial mind. Starting from the consideration that our mind is a product of our history, the phenomenon of the 'double mind' is recognised, the largely antagonistic duality of human mind. It is succeeded to solve the riddle of the double mind and determining its substance. Our double mind, consisting of the ‘upper’ or rational mind and the ‘deep-mind’, is a creature of the two fundamental ages of mankind, that of the age of power domination and the Golden Age. Therefore it expresses the duality of our history. We attempted to explore the heritage of the Golden Age embedded into our world of instincts, sexuality, emotional and sensual world, and the expressions of this heritage according to the different periods of our lives. If we will succeed in enlightening the deep-mind it may make it possible to give back the long-forgotten collective fields of forces to mankind, unavailable to the surface mind at present, and would expand the all-pervasive power of the conscious mind significantly. Hopefully, our results open up new vistas for the research of the collective fields and the double nature of the human mind, and may enable us to know and complete ourselves more deeply and thoroughly. (shrink)

Abstract: Efficient law enforcement depends on the quality and outlook of the institutions and personnel saddled with this responsibility. There are several agencies in Nigeria created for the purpose of law enforcement. Despite the multiplicity of these agencies, however, the country is still far from being a reflection of a society where security and orderliness are being maintained. The essence of this paper is to explore the law-enforcement terrain of the country with a view to ascertaining the state of (...) affairs vis-a-vis the existing law enforcement agencies, their functional relevance, and general impact on the society in terms of maintenance of law and order. Findings reveal that the state of security and maintenance of law and order is still abysmally low in spite of the fact that there exist several law enforcement agencies within the country. The main recommendation is that instead of placing emphasis on creating more and more law enforcement agencies, which sometimes amount to duplication of functions, efforts should be made to reorganize, streamline and strengthen the existing institutions. (shrink)

It is difficult to advance a point beyond what Keynes himself commented about his own vision in The General Theory of Employment, Interest and Money in 1936 (hereafter TGT) in its Chapter 24. It is also difficult to express a deeper thought than what Skidelsky wrote about Chapter 24 of TGT (cf. Skidelsky, 1997). The purpose of this article is to identify whether Chapter 24 of TGT is the gist of Keynes’s legacy, having set the foundations of macroeconomics in the (...) previous 23 Chapters. Relevant topics included in Chapter 24 are the consequences of full employment, the fate of income distribution, the future of overall wealth, the socialization of investment, saving, expectations, the role of the State in economies, the future of financial markets and the interaction between economics and other disciplines. Indeed this Chapter displays Keynes’s genius as a social philosopher, following the tradition of The Economics Possibilities for our Grandchildren (1930). In Chapter 24 he was taking a glance at his product as did Phillip II when he was observing the construction of his castle El Escorial in XVII Spain. Within his vision, is this piece of work a justification of capitalism? Keynes sees the State as both the spender and the employer of last resort, thereby proposing a new role for the government (Skidelsky, 1998). He also suggests a new role for the private sector and reconsiders the interrelation between the two sectors. He is fully optimistic about this issue, which he considers as evolutionary. In addition, Keynes blurs the distinction between economics and sociology, advancing new interdisciplinary hints in his thinking. Keynes is also concerned on the epistemological role of assumptions in order to obtain defensible conclusions. Thereafter the British economist proposes new methods. He was a neo-realist and was against the inductive method. In addition, it can be stated that TGT is grounded on new psychological laws and motivations, that is, on a new vision of humankind, especially the analyzed chapter. His topics are the bypassing of Classical Economics; the destiny of macroeconomics in both theoretical and policy terms, highlighting new roles for interest rates; savers and rentiers; and the relevance of the concepts of ideas, interests and power. In all these respects Keynes is once again far ahead of his time. Finally a debatable topic dealt with by Keynes in Chapter 24 of TGT is 1 PhD in Economics, Lancaster University, UK; Professor-researcher at ISEC Universidad de Negocios, Mexico City. socialisation of investment. This is in words of Skidelsky, a shift in the balance of social power. Keynes is thus in Chapter 24 of TGT a visionary and an idealist, a reformer, and certainly a trans-generational thinker. When he talks about the passion of thriftiness and the setting of reasonable financial rewards arising from financial instruments he is advancing explications for financial crises in terms of speculation. The open conclusion is that Chapter 24 contains the gist of Keynes’s mature philosophical thinking and legacy, confirming that for him attitudes are one of the most relevant issues in life. In addition, he considers that both social and psychological elements are necessary for a thorough understanding of economic issues and their consequences, such as peace and happiness. Section 1 is an introduction. Section 2 is both a literature review and a summary of Keynes’s general philosophical insights. Section 3 is an analysis of Chapter 24 of TGT in the specific fields of Epistemology, Ethics, Ontology, and Political and Social Philosophy. Section 4 is a conclusion. References are listed at the end of the article. (shrink)

This paper defends an account of the laws of nature in terms of irreducibly modal properties (aka powers) from the threat posed by functional laws, conservation laws and symmetries. It thus shows how powers theorists can avoid ad hoc explanations and resist an inflated ontology of powers and governing laws. The key is to understand laws not as flowing from the essences of powers, as per Bird (2007), but as features of a description of how (...) powers are possibly distributed, as per Demarest (2017), Kimpton-Nye (2017, 2021) and Williams (2019); call this the Powers-BSA. This underappreciated powers-based account of laws is continuous with actual scientific practice and thereby quite naturally accommodates functional laws, conservation laws and symmetries. This paper thus positions the Powers-BSA as the leading anti-Humean account of the relationship between laws and properties. (shrink)

Recognizing inherent and inalienable nature of dignity and universality of certain values, the Constitution of the Republic of Poland, introduces to the foundations of Polish legal system some elements of natural law which may be used for application of the Basic Law. Constitutional recognition of these elements only makes sense on the assumption of their cognizability. Therefore, as an important element of constitutional concept of natural law is taken the recognition of the argument of cognitivism according to which moral assessments (...) may have the nature of judgments and truth qualification (they may be true or false). In the course of application of the constitution, norms of natural-law character and natural-law justification. Since dignity and the essence of freedoms and rights based on dignity are the only inviolable values recognized by the constitution, the arguments of natural law lead to a far-going reinterpretation of constitutional norms. The norm of natural law protecting inviolable values will have precedence in the event of collision with norms protecting other values, also with constitutional norms. Even if such a norm is formulated on the basis of the provisions of the constitution, in fact natural law is given higher rank than elements based only on enacted law. Despite that, reliability of a legally established order does not seem to be radically endangered. -/- Konstytucja RP uznając przyrodzoność i niezbywalność godności oraz uniwersalność niektórych wartości, wprowadza do podstaw całego polskiego systemu prawnego elementy prawnonaturalne, które mogą być wykorzystane w stosowaniu konstytucji. Konstytucyjne uznanie takich elementów ma sens przy założeniu ich poznawalności, stąd istotnym elementem konstytucyjnej koncepcji prawa naturalnego jest uznanie tezy kognitywizmu głoszącej, że oceny moralne mogą mieć charakter sądów i kwalifikację prawdziwościową – mogą być prawdziwe lub fałszywe. W procesie stosowania konstytucji mogą być formułowane normy o charakterze prawnonaturalnym oraz uzasadnienia prawnonaturalne. Ponieważ jedynymi wartościami uznanymi w konstytucji za nienaruszalne jest godność oraz istota wolności i praw, których godność jest źródłem, argumentacja prawnonaturalna może prowadzić do daleko idącej reinterpretacji norm konstytucyjnych. Norma prawnonaturalna chroniąca warunki konieczne poszanowania godności lub istoty wolności i praw będzie miała pierwszeństwo w razie kolizji z normami chroniącymi inne wartości, także z normami konstytucyjnymi. Choć norma taka będzie formułowana na podstawie przepisów konstytucji, to jednak faktycznie prawo naturalne uzyskuje wyższą rangę od elementów opartych jedynie na stanowieniu. Mimo tego bezpieczeństwo prawne nie wydaje się być radykalnie zagrożone. O prawnonaturalnym charakterze normy i uzasadnienia decyduje oparcie w ocenach moralnych, które pretendują do bycia sądami, do bycia prawdziwymi lub fałszywymi. Z punktu widzenia stosowania konstytucji i wymogu intersubiektywnej komunikowalności i kontrolowalności dookreślania treści prawnonaturalnych, dla nadania ocenom charakteru sądów istotny jest kształt procedur i argumentacji prowadzących do tego dookreślenia. Powinny to być procedury i argumentacja typowe dla dyskursu mającego na celu sformułowanie prawdziwych sądów. Maksymalizowana powinna być dyskursywność takich procedur, a podstawą rozstrzygnięcia powinien być, jeśli to tylko możliwe, konsens. Nie mogą być uważane za rozstrzygające argumenty odwołujące się do woli indywidualnej lub zbiorowej, reakcji emocjonalnych, stopnia rozpowszechnienia danej oceny czy do tradycji kulturowej. (shrink)

A central question in the philosophy of science is: What is a law of nature? Different answers to this question define an important schism: Humeans, in the wake of David Hume, hold that the laws of nature are nothing over and above what actually happens and reject irreducible facts about natural modality (Lewis, 1983, 1994; cf. Miller, 2015). According to Non-Humeans, by contrast, the laws are metaphysically fundamental (Maudlin, 2007) or grounded in primitive modal structures, such as dispositional (...) essences of powerful properties (Bird, 2007), necessitation relations (Armstrong, 1983), or primitive subjunctive facts (Lange, 2009). This volume focuses on recent developments in the discussion of Humeanism, specifically on pragmatic versions of the view that put the needs of limited agents like us front and center. (shrink)

This article discloses topical issues of the need for constant monitoring of changes in the business activity in enterprise structures. The main purpose of the study is to monitor the business activity of industrial enterprise structures of Ukraine to predict their development under martial law. A critical analysis of the content of scientific publications to solve the problem of improving the management of business activity of business structures revealed the lack of attention of scientists to the problems under study. The (...) relevance of its solution is due to the scale of the impact of military conflicts on the business activity in enterprise structures, which requires its monitoring to further establish the state and ensure compliance of the business with the norms that are considered necessary to maintain a certain level of stability of development or to survive, to determine areas where the business can improve its activities and become more profitable. The methodological basis is the system of methods used to obtain the final results of the study: theoretical generalization – to deepen the essence of the concept of «monitoring business activity»; analysis, synthesis and logical generalization – to obtain conclusions during monitoring of business confidence and business climate in industry; prognostic – to predict the development of industrial business structures of Ukraine under martial law. The object of research in the work is the business activity of business structures. The article presents the results of monitoring business confidence and business climate in the industry of Ukraine under martial law. Analysis, synthesis and logical generalization of monitoring results became the basis for further forecasting the development of business structures. The results of the study can be useful for business structures that seek to maintain a certain level of stability of development and identify areas of improvement. (shrink)

Legal philosophers and property scholars sometimes disagree over one or more of the following: the meaning of the word 'property,' the concept of property, and the nature of property. For much of the twentieth century, the work of W.N. Hohfeld and Tony Honoré represented a consensus around property. The consensus often went under the heading of property as bundle of rights, or more accurately as a set of normative relations between persons with respect to things. But by the mid-l 990s, (...) the consensus was under attack. Key figures in the attack were James Penner, a legal philosopher, and Thomas W. Merrill and Henry E. Smith, two highly regarded professors of property law. This article aims to repel the attack and argues for property as a set of normative relations between persons with respect to things. The positive case for this view of property pays special attention to the philosophy of language and the analysis of concepts. The positive case also maintains that the right to use and the power to transfer are as central to property as the right to exclude. It is possible that the virtues of Smith's modular theory of property differ from the virtues of a well-crafted bundle theory. Indeed, it may be the case that these two theories throw light on different features of property law and are not, save at the margin, competitors with each other. The label 'new essentialism' sometimes applied to the work of Penner, Merrill, and Smith seems inapt if property does not have an essence. Of course, they might refuse the label. (shrink)

Some philosophers maintain that physical properties are irreducibly modal: that properties are powers. Powers are then employed to provide explanations of other phenomena of philosophical interest such as laws of nature and modality. There is, however, a dispute among powers theorists about how far the powers ontology extends: are all manner of properties at all levels of fundamentality powers or are powers only to be found among the fundamental properties? This paper argues that the answer to this question depends (...) on the details of the metaphysics of powers. More specifically, this paper argues that if one understands powers as qualitative grounds of dispositions, as opposed to properties whose essences are constituted by dispositions, then all properties, be they fundamental or macro, are powers, i.e., pandispositionalism is true. The Conclusion: If qualitative dispositional essentialism is true, then pandispositionalism is true, is significant because there is increasing concern that orthodox dispositional essentialism is explanatorily deficient and perhaps even incoherent, meaning that qualitative dispositional essentialism is gaining increasing support in the literature on powers. All things considered, then, it is beginning to look more likely that pandispositionalism is true simpliciter. (shrink)

I provide a new account of what it is for the laws of nature to govern the evolution of events. I locate the source of governance in the content of law propositions. As such, I do not appeal to primitive notions of ground, essence, or production to characterize governance. After introducing the account, I use it to outline previously unrecognized varieties of governance. I also specify that laws must govern to have two theoretical virtues: explanatory power as (...) well as a theoretical virtue I call expansiveness. A theory is expansive, roughly, when it can do more with less. (shrink)

This article challenges the prevailing interpretations of Hegel's account of the concept "contradiction" in the Science of Logic by arguing that it is concerned with the principle of Hegel's method rather than with the classical law of non-contradiction. I first consider Hegel's Doctrine of Essence in view of Kant's discussion of the concepts of reflection in the first Critique. On this basis, I examine Hegel's account of the logical principles based on the concepts "identity," "opposition," and "contradiction." Finally, I (...) point out how the principle Hegel derives from the concept of contradiction actually informs his own method. (shrink)

Physical dimensions like “mass”, “length”, “charge”, represented by the symbols [M], [L], [Q], are not numbers, but used as numbers to perform dimensional analysis in particular, and to write the equations of physics in general, by the physicist. The law of excluded middle falls short of explaining the contradictory meanings of the same symbols. The statements like “m tends to 0”, “r tends to 0”, “q tends to 0”, used by the physicist, are inconsistent on dimensional grounds because “m”, “r”, (...) “q” represent quantities with physical dimensions of [M], [L], [Q] respectively and “0” represents just a number—devoid of physical dimension. Consequently, due to the involvement of the statement “q tends to 0'', where q is the test charge” in the definition of electric field leads to either circular reasoning or a contradiction regarding the experimental verification of the smallest charge in the Millikan–Fletcher oil drop experiment. Considering such issues as problematic, by choice, I make an inquiry regarding the basic language in terms of which physics is written, with an aim of exploring how truthfully the verbal statements can be converted to the corresponding physico-mathematical expressions, where “physico-mathematical” signifies the involvement of physical dimensions. Such investigation necessitates an explanation by demonstration of “self inquiry”, “middle way”, “dependent origination”, “emptiness/relational existence”, which are certain terms that signify the basic tenets of Buddhism. In light of such demonstration I explain my view of “definition”; the relations among quantity, physical dimension and number; meaninglessness of “zero quantity” and the associated logico-linguistic fallacy; difference between unit and unity. Considering the importance of the notion of electric field in physics, I present a critical analysis of the definitions of electric field due to Maxwell and Jackson, along with the physico-mathematical conversions of the verbal statements. The analysis of Jackson’s definition points towards an expression of the electric field as an infinite series due to the associated “limiting process” of the test charge. However, it brings out the necessity of a postulate regarding the existence of charges, which nevertheless follows from the definition of quantity. Consequently, I explain the notion of undecidable charges that act as the middle way to resolve the contradiction regarding the Millikan–Fletcher oil drop experiment. In passing, I provide a logico-linguistic analysis, in physico-mathematical terms, of two verbal statements of Maxwell in relation to his definition of electric field, which suggests Maxwell’s conception of dependent origination of distance and charge ) and that of emptiness in the context of relative vacuum. This work is an appeal for the dissociation of the categorical disciplines of logic and physics and on the large, a fruitful merger of Eastern philosophy and Western science. Nevertheless, it remains open to how the reader relates to this work, which is the essence of emptiness. (shrink)

Hannah Arendt's rich and varied political thought is more influential today than ever before, due in part to the collapse of communism and the need for ideas that move beyond the old ideologies of the Cold War. As Dana Villa shows, however, Arendt's thought is often poorly understood, both because of its complexity and because her fame has made it easy for critics to write about what she is reputed to have said rather than what she actually wrote. Villa sets (...) out to change that here, explaining clearly, carefully, and forcefully Arendt's major contributions to our understanding of politics, modernity, and the nature of political evil in our century.Villa begins by focusing on some of the most controversial aspects of Arendt's political thought. He shows that Arendt's famous idea of the banality of evil--inspired by the trial of Adolf Eichmann--does not, as some have maintained, lessen the guilt of war criminals by suggesting that they are mere cogs in a bureaucratic machine. He examines what she meant when she wrote that terror was the essence of totalitarianism, explaining that she believed Nazi and Soviet terror served above all to reinforce the totalitarian idea that humans are expendable units, subordinate to the all-determining laws of Nature or History. Villa clarifies the personal and philosophical relationship between Arendt and Heidegger, showing how her work drew on his thought while providing a firm repudiation of Heidegger's political idiocy under the Nazis. Less controversially, but as importantly, Villa also engages with Arendt's ideas about the relationship between political thought and political action. He explores her views about the roles of theatricality, philosophical reflection, and public-spiritedness in political life. And he explores what relationship, if any, Arendt saw between totalitarianism and the "great tradition" of Western political thought. Throughout, Villa shows how Arendt's ideas illuminate contemporary debates about the nature of modernity and democracy and how they deepen our understanding of philosophers ranging from Socrates and Plato to Habermas and Leo Strauss.Direct, lucid, and powerfully argued, this is a much-needed analysis of the central ideas of one of the most influential political theorists of the twentieth century. (shrink)

Cosmological connectedness materializes when energy within the conscious cosmos connects one and all, an energy that wraps each and every being, living or non living, an energy that forms a labyrinth of intricate connections, an energy that transforms from one form to another with no control of itself. Matter created matter, but conserved the energy that created it, for the creator created matter and energy; to be connected eternally breathing life into beings. Cosmological energy trapped by matter is an exclusive (...) connection between energy and matter that moves beyond the domain of time. Seeking to be seeken should be the essence of all living beings, for man; the highest of beings known till date, bears the burden of an egoistic evolutionary self; laws of entropy shall forever grow, but through consciousness within the cosmos can sustain the connections. (shrink)

‘Spirit consonance engendering a sense of life’ (Qi Yun Sheng Dong) as the first law of Chinese painting, originally proposed by Xie He (active 500–535?) in his six laws of painting, has been commonly echoed by numerous later Chinese artists up to this day. Tracing back the meaning of each character of ‘Qi Yun Sheng Dong’ from Pre-Qin up to the Six Dynasties, along with a comparative analysis on the renderings of ‘Qi Yun Sheng Dong’ by experts in Western (...) academia, I establish ‘spirit consonance’ as the rendering of ‘Qi Yun’. By examining texts on painting by significant critics in Chinese art history, and by referring to specific works by painters from the Six Dynasties up to the Yuan Dynasty, I present the merits and demerits of the different interpretations by Western experts, and explore the essence of ‘Qi Yun’. Once the painter successfully captures ‘spirit consonance’ as the essential character or ‘internal reality’ of the object, and transmits it into the work, ‘Qi Yun’ further implies the expressive quality of the work beyond formal representation. Additionally, the fusion of expressive and representative functions also leaves space for further explaining the aesthetic interaction among artist, object, work, and audience. From the Six Dynasties onwards, Chinese painters have practised the expressive pursuit beyond epresentation on the basis of the unification of ‘Qi Yun’ (spirit consonance) and formal representation, although spirit consonance was valued more highly than formal likeness. (shrink)

There is longstanding interpretive dispute between commentators over Spinoza’s commitment to necessitarianism, the doctrine that all things are metaphysically necessary and none are contingent. Those who affirm Spinoza’s commitment to the doctrine adhere to the necessitarian interpretation whereas those who deny it adhere to what I call the semi-necessitarian interpretation. As things stand, the disagreement between commentators appears to have reached an impasse. Notwithstanding, there seems to be no disagreement among commentators on the question of necessitarianism’s philosophical plausibility as a (...) metaphysical view: the doctrine is wildly untenable. This consensus view is more relevant to the interpretive debate than few have recognized, since leading semi-necessitarian commentators take the doctrine’s alleged absurdity to be one of the most compelling reasons (if not the most compelling reason) to prefer their reading over the necessitarian interpretation: for, as a matter of methodological principle, great philosophers like Spinoza should not be ascribed ridiculous views in the absence of better evidence. -/- This dissertation seeks to defend Spinoza’s commitment to necessitarianism on both the interpretive and philosophical fronts. I argue not only that the necessitarian interpretation of Spinoza is more plausible than the semi-necessitarian interpretation on textual grounds, but that Spinoza’s necessitarianism is a serviceable philosophical view whose tenability has been almost entirely overlooked and perfunctorily rejected. The principal basis upon which I build this defense is Spinoza’s rich and fascinating view of essences—what I simply refer to as his essentialism. Spinoza’s essentialism forms the bedrock of his metaphysics and is significant not least because it underlies and informs doctrines like his necessitarianism. Spinoza’s essentialism supplies resources to answer not just interpretive problems associated with necessitarianism, but philosophical challenges to the plausibility of the doctrine. My defense of Spinoza’s necessitarianism on philosophical grounds also offers a novel way of getting past much of the current interpretive impasse among commentators by effectively undercutting the methodological motivation for the semi-necessitarian reading. In addition to my defense on the interpretive front, then, my defense on the philosophical front provides supplementary reason to a fortiori favor the necessitarian reading of Spinoza. (shrink)

Within we prove Time is the potential of omnipotence. It also demonstrates that when we try to control it from a philosophical point of view it obscures us from Serendipity and access to the splendor of the perfect balance between Freewill and the Will of THE Universe as constrained by the Laws of the Universe. It creates Math or the language of the Creator. It is in fact Time that makes everything from nothing while the net sum of time (...) remains constant at zero. We also examine what Essence existed before time to calibrate C and ???????????????? to provide the harmonics for use in OUR Universe. (shrink)

The study ties in with former considerations concerning the problem of phenomenal perception of higher animals. Accordingly the phenomenal character results from the adjustment of perceptions to (species-specific) behavioral dispositions under the principle of self-preservation: an emergence phenomenon provided by the constitutive system unity of perception, valuation and behavior, here named as perc-val-act-system. Thereby the subject of the behavior can be emergentistly explained as an emergent instance of the – systems-theoretically highest rank – perc-val-act-level. In terms of the principle of (...) self-preservation all sensations are submitted to a valuation. Perception thus gaining existential sense for the subject, a phenomenal-mental sense-dimension is spanned out which as such does not own physical but ideal character: Accordingly the ontological basis of this view is the lawfulness of nature, understood as the ideal essence underlying it. In virtue of this – basically Hegelian-type idealistic – conception the physical being of nature always includes the possibility of phenomenal-mental being, because of the implicit ideality of nature itself. (shrink)

Discussions over whether these natural kinds exist, what is the nature of their existence, and whether natural kinds are themselves natural kinds aim to not only characterize the kinds of things that exist in the world, but also what can knowledge of these categories provide. Although philosophically critical, much of the past discussions of natural kinds have often answered these questions in a way that is unresponsive to, or has actively avoided, discussions of the empirical use of natural kinds and (...) what I dub “activities of natural kinding” and “natural kinding practices”. The natural kinds of a particular discipline are those entities, events, mechanisms, processes, relationships, and concepts that delimit investigation within it—but we might reasonably ask: How are these natural kinds discovered?, How are they made?, Are they revisable?, and Where do they come from? A turn to natural kinding practices reveals a new set of questions open for investigation: How do natural kinds explain through practice?, What are natural kinding practices and classifications and why should we care?, What is the nature of natural kinds viewed as a set of activities?, and How do practice approaches to natural kinds shape and reconfigure scientific disciplines? Natural kinds have traditionally been discussed in terms of how they classify the contents of the world. The metaphysical project has been one which identifies essences, laws, sameness relations, fundamental properties, and clusters of family resemblances and how these map out the ontological space of the world. But actually how this is done has been less important in the discussion than the resultant categories that are produced. I aim to rectify these omissions and suggest a new metaphysical project investigating kinds in practice. (shrink)

In this paper, I defend the possibility that law is a functional kind by replying to objections from Leslie Green and Brian Tamanaha. I also show how Kenneth Ehrenberg’s approach to law’s functions in his latest book concedes too much to these objections. A functional kinds approach to law is possible and, for someone interested in showing the importance of law’s functions, preferable. I first explore Tamanaha’s objection and show that the possibility of functional equivalents does not pose a problem (...) for a functional kinds account of law. I then respond to Green by showing that law is more distinctively identified by its function than by the means by which it achieves this function. I quickly explore a lesser objection dealing with how law can pursue a variety of ends while having the same function the whole while. I then turn to an issue Ehrenberg raises regarding thinking of the law as having a plurality of functions like a Swiss Army knife. Finally, I show that Ehrenberg’s approach to the relationship between law and its functions is unnecessarily weak, as it avoids holding that law's nature or essence is its proper function for similar reasons to Green and Tamanaha. (shrink)

The book's purpose is to provide readers with a comprehensive understanding of the interplay between physics and philosophy in the historical context of the 19th century. Through an elaborate examination of the influence of mechanistic philosophy, the evolution of ontology, and the emergence of energy, the author aims to explain the phenomenological laws of thermodynamics in the framework of the mechanical approach. Additionally, the book delves into the introduction of field theory and the beginning decline of the mechanical approach. (...) In essence, this book is a journey that takes you through the most significant milestones of the 19th century in the realm of physics. It illuminates a theoretical framework, i.e., critical rationalism, that facilitates examining the interaction between physics and metaphysics. With the unraveling of history and the preparation of philosophical thought, the book prepares the reader for the eventual abandonment of the 'ether' and paves the way for the birth of the theories of relativity and quantum mechanics. (shrink)

Kurt Gödel wrote (1964, p. 272), after he had read Husserl, that the notion of objectivity raises a question: “the question of the objective existence of the objects of mathematical intuition (which, incidentally, is an exact replica of the question of the objective existence of the outer world)”. This “exact replica” brings to mind the close analogy Husserl saw between our intuition of essences in Wesensschau and of physical objects in perception. What is it like to experience a mathematical proving (...) process? What is the ontological status of a mathematical proof? Can computer assisted provers output a proof? Taking a naturalized world account, I will assess the relationship between mathematics, the physical world and consciousness by introducing a significant conceptual distinction between proving and proof. I will propose that proving is a phenomenological conscious experience. This experience involves a combination of what Kurt Gödel called intuition, and what Husserl called intentionality. In contrast, proof is a function of that process — the mathematical phenomenon — that objectively self-presents a property in the world, and that results from a spatiotemporal unity being subject to the exact laws of nature. In this essay, I apply phenomenology to mathematical proving as a performance of consciousness, that is, a lived experience expressed and formalized in language, in which there is the possibility of formulating intersubjectively shareable meanings. (shrink)

The purpose of this thesis is to demonstrate that metaphysics is a necessary discipline -- necessary in the sense that all areas of philosophy, all areas of science, and in fact any type of rational activity at all would be impossible without a metaphysical background or metaphysical presuppositions. Because of the extremely strong nature of this claim, it is not possible to put forward a very simple argument, although I will attempt to construct one. A crucial issue here is what (...) metaphysics in fact is -- the nature of metaphysics. The conception of metaphysics which I support could be called Aristotelian, as opposed to Kantian: metaphysics is the first philosophy and the basis of all other philosophical and scientific inquiry. I will argue that this is indeed the most plausible conception of metaphysics. (shrink)

Ott (2009) identifies two kinds of philosophical theories about laws: top-down, and bottom-up. An influential top-down reading, exemplified by Ernst Cassirer, emphasized the ‘mere form of law’. Recent bottom-up accounts emphasize the mind-independent natures of objects as the basis of laws of nature. Stang and Pollok in turn focus on the transcendental idealist elements of Kant’s theory of matter, which leads to the question: is the essence of Kantian matter that it obeys the form of law? I (...) argue that Kant has an independent theory of matter in the Metaphysical Foundations of Natural Science, one that gives what Kant himself calls a ‘real definition’ of matter as a theory-independent (if not mind-independent) entity. I argue that this matter theory underpins physical arguments about inertia and impenetrability, which resemble Einstein’s arguments about the unification of fields in general relativity. (shrink)

Rene Descartes (1596 – 1650) is considered the founder of modern philosophy. Profoundly influenced by the new physics and astronomy of Kepler and Galileo, Descartes was a scientist and mathematician whose most long-lasting contributions in science were the invention of Cartesian coordinates, the application of algebra to geometry, and the discovery of the law of refraction, what we now call Snell’s law.His most important books on philosophy were The discourse on method(1637) and The meditations(1642). Descartes’ writings display an exemplary degree (...) of clarity and an aversion to pedantry. I explore Descartes' break with Aristotle, but also shine a light on the intellectual continuity Descartes had with Aristotle's thought. I also draw attention to some overlooked but interesting possibilities for an experimental test of a dualistic theory of mind. (shrink)

Adolf Reinach belongs to the Brentanian lineage of Austrian Aristotelianism. His theory of social acts is well known, but his account of ownership has been mostly overlooked. This paper introduces and defends Reinach’s account of ownership. Ownership, for Reinach, is not a bundle of property rights. On the contrary, he argues that ownership is a primitive and indivisible relation between a person and a thing that grounds property rights. Most importantly, Reinach asserts that the nature ownership is not determined by (...) positive law but presupposed by it. Some have objected that such realism raises insuperable difficulties as to the origin of ownership, difficulties that could only be dealt with under a more conventionalist approach. I argue that the independence of the nature ownership from positive law is, in fact, compatible with the claim that its existence is dependent on human conventions. (shrink)

In the present article, we are faced with two phenomenological philosophers who, in two different intellectual traditions, namely philosophical hermeneutics and moral phenomenology, have referred to the concept of the Other as the fundamental possibility of the individual. The other, as an ontological and common concept in the thought of Gadamer and Levinas, is the turning point of the condition for the possibility of understanding and ethics. Focusing on the concept of the other, while addressing the points of difference and (...) commonality between Gadamer and Levinas, this article will show that Levinas’s preoccupation with the other as a philosopher refers to the foundations of ethics, and the condition for the possibility of foundations of ethics is encountering the other. In Gadamer, the turning point is the determination of the possibilities of understanding in dialectical and dialogue-oriented relationships. Without the other, in Levinas’s thought, ethics, and moral matter, and in Gadamer’s thought, the process of understanding will not occur in the form of a fusion of horizons. Therefore, this article shows that the other is a common concept between these two philosophers, which both of them cannot avoid in their philosophical analyses of ethics or the process of understanding. Introduction The analysis of ethics is one of the important and innovative achievements of Levinas’s philosophical intellectual structure. Levinas’s concern is to refer to the foundations of morality itself, regardless of institutionalizing the moral in the form of law, and the foundation of morality is in face-to-face relationships with others. Regardless of Levinas’s plan about the concept of the other, Gadamer imagines the determination of understanding in a new way in the face of the other. The other is the comprehensible strain in philosophical hermeneutics, in such a way that the process of understanding is formed by the presence of the other and the face-to-face encounter with it. According to Gadamer, the other is the factor of openness in the process of understanding. The fusion of horizons is the product of openness and mutual encounters in dialogue, which is not possible without the other. The other is the condition of determining the possibility of understanding in each of the parties who are allowed to reveal a part of their being and allow the other to open up and talk. In fact, understanding is a kind of event that is revealed in a two-way conversation in an event-like way. This type of understanding depends on the presence of another. The main focus of the research is the analysis of the concept of the other, which has been done with emphasis on two important works: Truth and method, Totality and infinity. Body & discussion In general, the process of understanding is a dialogical process, whether the other side of the conversation is a text or a person, the foundation of understanding is formed in a relationship with the other. Determining the other as an independent personality and a different perspective is an ontological determination. The other thinks and becomes meaningful beyond the subject or object and even beyond my intellectual position, it belongs to its own independent world and its own experience. In conversation, it plays a significant role in the production of truth. Openness provides the possibility of dialogue and mutual agreement. In dialogue, the final product is not reproduced. The other condition for the production of the final product is dialogue According to Gadamer, facing the other is facing his world. At the moment of facing me, the other makes his abstract aspects concrete and opens his lived experience to me. He believes that the question-and-answer process is a kind of encounter with the world of experience and openness toward it. According to Gadamer, the process of understanding is the result of dialectical-hermeneutic relations between me (the interpreter) and you (the other). The dialogical relationships that allow each other to enter the other’s history are relationships that are formed based on questions and answers. From Gadamer’s point of view, questions and answers are the opening of a new horizon based on tradition and contemporary history. Levinas phenomenologically refers to the philosophical tradition of the West to reread the process of the formation of the concept of the other. Many commentators and interpreters of Levinas’s works believe that it is possible to determine the foundations of ethics from Levinas’s point of view from face-to-face relationships. The condition for the possibility of morality is to pay attention to others. To describe another concept, Levinas analyzes the negative and positive aspects of this concept. In a negative way, Levinas first answers what the other is not, and for this reason, he criticizes the history of Western metaphysics and the criticism of Husserl and Heidegger’s phenomenology. Positively, the other is relative to me and different from me. The other is beyond subject and object. The other is not subjugated by any concept and recognizes its independent identity. The other and the encounter with him are the conditions for determining fundamental ethics from Levinas’s point of view. Another condition of concreteness refers to another person. According to Levinas, it is the condition for the formation of moral form. He believes that ethics is a kind of double encounter in the context of bilateral relations. Many moral concepts are formed in relation to a concrete other. In Levinas’s genealogy of ethics, we are faced with the presence of the other in a concrete way and with the subjectivity of the subject in an abstract and a priori way. Levinas specifies two approaches with the description of the other in the form of an infinite idea. First of all, there is an infinite gap between the other and the same. This issue shows its foreignness and otherness, its independence, and being true to its essence towards me. Second, it is the determination of another in a concrete or abstract form, which in both cases evokes an identity independent of me. Conclusion According to the explanations of the concept of the other in the thought of Gadamer and Levinas, we are faced with two phenomenological philosophers who have paid attention to the ontological aspects of the concept of the other in the fields of philosophical hermeneutics and ethics. In Gadamer’s thought, the other is an ontologically dialectical relationship between I-Thou and the starting point of the conversation process. The fusion of horizons is the turning point of the formation of the relation to the other, which is manifested in another area. The other has its own history, world, tradition, and authority, regardless of the formation of dialogical relationships, and has an independent identity. The other is allowed to share his lived experience in the conversation. The other creates new worlds. The other has opened himself and in return can be self-interpreting and self-revealing. Regardless, the other is the consistency of the complex relationship between language and the world. This form of bilateral relations, which is manifested in the presence of another, is a linguistic form that is the cause of a deep connection between language and the world. The other, whether concrete or abstract, is the turning point of our connection with the world in an ontological way. Regardless of Gadamer’s point of view, Levinas returns to another concept in his new thought project entitled “How to determine the possibilities of ethics.” According to Levinas, finding the foundations of ethics and determining the condition of moral possibilities is in facing the other and in face-to-face relationships. The other is concretely a kind of bilateral encounter which is the basis of many moral events and is manifested abstractly in the form of the subject’s subjectivity. This kind of infinite aspect of the other is revealed in subjectivity is implied in sense. Encountering another in an abstract form within itself is the encounter of the subject’s subjectivity with the sense, and the sense is in the encounter with the other. Sense is the basis of the subjectivity of the subject. Sense is a kind of concrete and visual face-to-face encounter that adds to the importance of determining another. Therefore, both Gadamer and Levinas raise many possibilities about the concept of the other, which shows the importance of this concept in the Western philosophical tradition. (shrink)

Buddhist Illogic. The 2nd Century CE Indian philosopher Nagarjuna founded the Madhyamika (Middle Way) school of Mahayana Buddhism, which strongly influenced Chinese, Korean and Japanese (Ch’an or Zen) Buddhism, as well as Tibetan Buddhism. Nagarjuna is regarded by many Buddhist writers to this day as a very important philosopher, who they claim definitively proved the futility of ordinary human cognitive means. His writings include a series of arguments purporting to show the illogic of logic, the absurdity of reason. He considers (...) this the way to verbalize and justify the Buddhist doctrine of “emptiness” (Shunyata). These arguments attack some of the basic tenets and techniques of reasoning, such as the laws of thought (identity, non-contradiction and the excluded middle), conceptualization and predication, our common assumptions of self, entities and essences, as well as our beliefs in motion and causation. The present essay demonstrates the many sophistries involved in Nagarjuna’s arguments. He uses double standards, applying or ignoring the laws of thought and other norms as convenient to his goals; he manipulates his readers, by giving seemingly logical form (like the dilemma) to his discourse, while in fact engaged in non-sequiturs or appealing to doubtful premises; he plays with words, relying on unclear terminology, misleading equivocations and unfair fixations of meaning; and he ‘steals concepts’, using them to deny the very percepts on which they are based. Although a critique of the Madhyamika philosophical interpretation and defense of “emptiness”, Buddhist Illogic is not intended to dissuade readers from Buddhism. On the contrary, its aim to enhance personal awareness of actual cognitive processes, and so improve meditation. It is also an excellent primer on phenomenological epistemology. (shrink)

This is part 1 on a paper whose final variation of parts shall be titled,”The Universal Theory of Existence: The Sashu, Pharaohs, and the al-Mahdī”. The first part of this series sets the premise for a proposed ”Theory of Everything” that will be the foundation for encompassing many different topics. Since, the beginning of time, a singularity existed. This singularity is what we call an origin point of everything. Beyond, this origin point for time is different depending on position, being (...) outside of the singularity, or the idea that multiple universes exists with different time dilation, and likely different laws. Existence in essence is centered around the idea of what is prior to the origin point of time, and in theory, what is the space-time complexity together, in regards to how civilization come to be. From a physics standpoint, there are multiple theories around this. For starters, the author of this paper coined QSOPR Theorem, MDQBT, QSICT, and how this relates to Time/Multiverse Dilation and Origin Points. Quantum Similarity on a molecular, atomic, theoretical, and chemical level is one of these vast things humanity should be trying to explore. (shrink)

We defend a view according to which Austrian economics rests on what can most properly be called an Aristotelian methodology. This implies a realist perspective, according to which the world exists independently of our thinking and reasoning activities; an essentialist perspective, according to which the world contains certain simple essences or natures which may come together in law-like ways to form more complex static and dynamic wholes, and an apriorist perspective, according to which given essences and essential structures are intelligible, (...) in the sense that they ca be grasped non-inductively in our thinking. We show the consequences of this view for an analysis of the thinking of Mises and Hoppe, both of which – we claim – incorporate what we believe to be foreign mixtures of Kantianism in their account of the foundations of Austrian economics. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

Resumen: Husserl propone una teoría sobre la intersubjetividad que parte de la conciencia trascendental como inserta en el mundo de la vida donde están los otros y donde la comunidad se construye bajo una estructura de esencias que garantiza la comunalidad. El mundo de la vida es dado y compartido por todas las conciencias intencionales y trascendentales, es condición para intuiciones empíricas y eidéticas, la epoché y las reducciones eidética y trascendental. Cada momento del método fenomenológico se basa en la (...) existencia de un mundo de la vida independiente de la subjetividad. En este mundo, hay objetos reales y, entre estos, los otros, reconocidos por analogía a través de la empatía. Desde una perspectiva metodológico-epistemológico, el yo es anterior al mundo y a los otros yos. El yo constituye, en sentido fenomenológico, la realidad. La conciencia es el lugar de evidenciación de la realidad. No obstante, en la perspectiva ontológica, es lo contrario. El mundo de la vida es anterior a la conciencia individual. El mundo de la vida está ahí, disponible, existente, independiente del sujeto, funcionando con su propio orden, con sus leyes y reglas. Es el yo el que esta insertado en el mundo de la vida y que se esfuerza por desvendarlo. La realidad se impone y el yo es, sobre todo, miembro de una comunidad de otros yos. Aun así, ¿cómo compartir las experiencias? Las vivencias pueden ser diferentes, pero hay un límite en las variaciones, un límite dado por la esencia del objeto vivido y por las leyes que rigen las relaciones de tal objeto. Así, la constitución del mundo y de sus objetos está permanentemente en progreso. Es posible donarles nuevos sentidos, en los límites de su esencia. Para Husserl, la constitución comunal del mundo es la condición de posibilidad para la existencia de sujetos separados unos de los otros, y este entendimiento recíproco solo es posible a través de la constitución trascendental de la objetividad. Así, no hay una separación entre la intersubjetividad y la constitución del mundo, es la comunidad de yos la que dona sentidos a las objetividades. En el mundo de la vida con los otros en comunidad. -/- Abstract: Husserl proposes a theory on intersubjectivity that starts from transcendental consciousness as inserted in the lifeworld where the others and where the community are built under a structure of essences that guarantees communality. The lifeworld is given and shared by all intentional and transcendental consciousnesses, it is a condition for empirical and eidetic intuitions, the epoché and the eidetic and transcendental reductions. Every moment of the phenomenological method is based on the existence of a lifeworld independent of subjectivity. In this world, there are real objects and, among these, the others, recognized by analogy through empathy. From a methodologicalepistemological perspective, the self is prior to the world and the other selves. The self constitutes, in a phenomenological sense, reality. Consciousness is the locus of evidence of reality. However, from the ontological perspective, it is the opposite. The lifeworld is prior to individual consciousness. The lifeworld is there, available, existing, independent of subjectivity, functioning with its own order, with its laws and rules. It is the self that is inserted in the lifeworld and that strives to unveil it. Reality prevails and the self is, above all, a member of a community of other selves. Even so, how to share the experiences? The experiences can be different, but there is a limit in variations, a limit given by the essence of the lived object and by the laws that govern the relation of the object. Thus, the constitution of the world and its objects is permanently in progress. It is possible to give them new meanings, within the limits of their essence. For Husserl, the communal constitution of the world is the condition of possibility for the existence of subjects separated from each other, and this reciprocal understanding is only possible through the transcendental constitution of objectivity. therefore, there is no separation between intersubjectivity and the constitution of the world, it is the community of selves that gives meaning to objectivities. (shrink)

What are the probabilities that this universe is repeated exactly the same with you in it again? Is God invented by human imagination or is the result of human intuition? The intuition that the same laws/mechanisms (evolution, stability winning probability) that have created something like the human being capable of self-awareness and controlling its surroundings, could create a being capable of controlling all what it exists? Will be the characteristics of the next universes random or tend to something? All (...) these ques-tions that with different shapes (but the same essence) have been asked by human be-ings from the beginning of times will be developed in this paper. (shrink)