In this paper I present an argument for the claim that you ought to do something only if you may believe that you ought to do it. More exactly, I defend the following principle about normative reasons: An agent A has decisive reason to φ only if she also has sufficient reason to believe that she has decisive reason to φ. I argue that this principle follows from the plausible assumption that it must be possible for an agent to respond (...) correctly to her reasons. In conclusion, I discuss some implications of this argument (given that some other standard assumptions about reasons hold). One such implication is that we are always in a position to be justified in believing all truths about what we have decisive reason (or ought) to do. (shrink)

In support of Descartes’ epistemology, Lex Newman advances the ‘Non-atheistic-knowledge- thesis’, i.e., indefeasible knowledge cannot be gained unless the existence of God is proved. Here I expound the ‘non-atheistic-thesis-of-Cartesian-metaphysics’, which, unlike Newman’s, refers to how four Cartesian metaphysical conclusions require the existence of God. To test whether such conclusions need divine existence, we may ask what would happen if God did not play any decisive role in the Meditations. As I argue, four unpalatable consequences would follow for Cartesian metaphysics, which (...) would ruin Descartes’ plan to refute the skeptic and the atheist alike. (shrink)

법의 系統으로 분류할 때 사회주의 국가권을 제외하면 일반적으로 성문제정법 중심의 대륙법계와 보통법 및 법원의 판례법을 법으로 인식하는 영미법계의 兩大 法界가 존재한다. 법은 일반적으로 국가를 전제로 한 개념으로 인식되고 있으며, 따라서 사법의 경우 국가마다 자신의 私法을 가지고 있고, 국제사회의 발달과 함께 사법의 통일노력은 꾸준히 지속되어 왔다. 사법의 통일방식에는 다양한 유형이 있 고, 그 중 하나가 超國家法(Non-State Norms)의 제정을 통한 통일이다. UNIDROIT Principles와 유럽 계약법원칙은 초국가법의 제정을 통한 사법통일의 대표적 실례이다. UN계약법원칙이라고도 불리는 UNIDROIT Principles은 중세 상인법(lex mercatoria)의 현대적 부활로 불리며, 대륙법과 영미법이 (...) 조화를 이룬 잘 된 입법으로 평가받고 있고 향후 사법통일의 지표와 시금석 역할을 하고 있다. 그러나 초국가법의 제정에 의한 사법통일은 그 法源性 및 대륙법계와 영미법계의법문화적, 지적 차이, 국제사회의 현실적 여건과 통일에 있어 법기술적 문제로 인하여 국제사회의 다른 법통일 노력과 비교할 때, 여러 가지 특징을 보이고 있다. 따라서 본고는 초국가법의 의의, 법원성을 간략히 살펴보고, 사법통일 운동 내지 초국가법에 의한 사법통일의 특징을 살펴본다. 나아가 초국가법에 의한 사법통일은 대륙법계식 사법통일을 대변하므로 그에 대한 보통법국가의 비판적 기본 시각을 정리해 보고, 대륙법계식 통일의 불가피성에 관하여 논한다. 사법통일에는 많은 變數가 존재하고 그 나름대로의 특징이 존재한다. 1893년 헤이그 국제사법회의 이래 최근 UN을 중심으로 한 사법통일에의 노력에 이르기까지, 사법통일운동은 향후 많은 변수 속에서 진행될 것이다. 그리고 초국가법을 통한 사법통일운동은 그 방식, 법적 성격, 法文化的 차이로 인하여 여러 가지 특징을 보이고 있으며, 이는 사법통일의 주체가 되는 각국 정부나 이를 국제거래분쟁해결의 준거규범으로 적용하여야 하는 司法官들이 참고할 필요가 있다고 본다. (shrink)

La filosofía fue entre nosotros, durante largo tiempo, un “juego social”, en las últimas décadas se ha venido transformando en (pseudo)campo, y en la actualidad está expuesta a sucumbir a la heteronomía, decayendo a la degradada situación de “espacio de servicios”. Así la doctrina de Bourdieu esclarece el surgimiento, la situación actual, y en cierto modo también la peripecia futura de la filosofía en España. Y al mismo tiempo consigue explicar porque, en este preciso momento, es plausible el pesimista diagnóstico (...) de que el peligro de regresión a la heteronomía compromete la existencia del incipiente campo filosófico español. Simplemente ocurre que en las situaciones de crisis las percepciones de los agentes adquieren una relevancia de la que suelen carecer en etapas más apacibles. En los períodos de desilusión los agentes se vuelven lúcidos, en una palabra, porque entonces resulta más difícil “seguir el juego” que el campo les exige. Ya que tomar parte en dicho juego no es más, según Bourdieu, que una forma de ilusión. (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)

This replies to Block 2019 (B19), which responds to Lester 2014 (L14). The main issues in the, varyingly sized, sections are as follows. 1 Further explanations of critical rationalism, the theory of liberty, and problems with the non-aggression principle. 2.1 The relationships among law, morality, and libertarianism. 2.2 The objective invasiveness of low-level radiation and that it is therefore an initiated imposition (albeit trivial) if someone inflicts it on non-consenting people. 2.3 The objective and subjective aspects of initiated impositions; and (...) how clashes can be resolved. 2.4 How liberty relates to risk and self-ownership. 2.5 Libertarian initial acquisition versus absolute property rights by labour-mixing. 2.6 Organisational note. 2.7 Libertarianism and mens rea. 2.8 Libertarian rectification versus lex-talionis doubling. 2.9 Indirectly clashing rights, self-preservation, trespasser-hiker, flagpole-grasper, and landmine-layer. 2.10 A logical point is not a moral point. 2.11 Pacifism and libertarianism. 3.1 A weak criticism of utilitarianism. 3.2 Hedonometers; approximate interpersonal comparisons of utility imply libertarianism; what a libertarian is; libertarian rankings. 4. Libertarian philosophy versus propertarian dogma. Coda: the need to take seriously the philosophical problems with propertarian-justificationist libertarianism. (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)

Person-affecting views in population ethics state that (in cases where all else is equal) we’re permitted but not required to create people who would enjoy good lives. In this paper, I present an argument against every possible variety of person-affecting view. The argument takes the form of a dilemma. Narrow person-affecting views must embrace at least one of three implausible verdicts in a case that I call ‘Expanded Non-Identity.’ Wide person-affecting views run into trouble in a case that I call (...) ‘Two-Shot Non-Identity.’ One plausible practical upshot of my argument is as follows: we individuals and our governments should be doing more to reduce the risk of human extinction this century. (shrink)

How political communities should be constituted is at the center of Hannah Arendt’s engagement with two ancient sources of law: the Greek nomos and the Roman lex. Recent scholarship suggests that Arendt treats nomos as imperative and exclusive while lex has a relationship-establishing dimension and that for an inclusive form of polity, she favors lex over nomos. This article argues, however, that Arendt’s appreciation occurs within a general context of more reservations about Rome than Roman-centric interpretations admit. Her writings show (...) that lex could not accommodate the agonistic spirit and Homeric impartiality that helped the Greeks achieve human greatness and surpassing excellence. Arendt also points out that Roman peace alliances occurred at the expense of disclosive competition among equals and assumed some form of domination. Indeed, although Arendt appreciates lex’s relationship-establishing aspect, she is undoubtedly critical of anti-political practices accompanying lex, manifested when the Romans required enemies’ submission to terms of peace the Romans themselves set. In the end, Arendt’s statements regarding nomos and lex highlight the fundamental challenge in free politics: balancing the internal demand of agonistic action with the external need to expand lasting ties. (shrink)

This is the introduction to Moretti, Luca and Nikolaj Pedersen (eds), Non-Evidentialist Epistemology. Brill. Contributors: N. Ashton, A. Coliva, J. Kim, K. McCain, A. Meylan, L. Moretti, S. Moruzzi, J. Ohlorst, N. Pedersen, T. Piazza, L. Zanetti.

This paper is on the metaphysics and normativity of Jewish identity. It starts with a metaphysical question: “Can a Jewish person become non-Jewish?” This question and the related question “What is Jewishness?” are both ambiguous, because the word “Jewish” is ambiguous. The paper outlines five concepts of Jewishness: halachic, religious, ethnic, and cultural Jewishness, as well as being Jewish in the sense of belonging to the Jewish community. In some of these senses of “Jewish” a Jewish person is always Jewish. (...) In other senses a Jewish person can become non-Jewish. The paper closes with a normative question: Should a person who is Jewish, in the sense of belonging to the Jewish community, become non-Jewish? The paper explains reasons for and against staying in the Jewish community and in doing so highlights a tension, rather than telling anyone how they should identify. (shrink)

The author argues that there is no such thing as a unique and general taxonomy of non-at-issue contents. Accordingly, we ought to shun large categories such as “conventional implicature”, “F-implicature”, “CI”, “Class B” or the like. As an alternative, we may, first, describe the “semantic profile” of linguistic devices as accurately as possible. Second, we may explicitly tailor our categories to particular theoretical purposes.

There is, I shall assume, such a thing as moral evil (more on which below). My question is whether is also such a thing as non-moral evil, and in particular whether there are such things as aesthetic evil and epistemic evil. More exactly, my question is whether there is such a thing as moral evil but not such a thing as non-moral evil, in some sense that reveals something special about the moral, as opposed to such would-be non-moral domains as (...) the aesthetic and the epistemic. The philosophical issue at stake here is that of the nature of these different normative domains, and the nature and extent of their difference. (shrink)

Unconscious logical inference seems to rely on the syntactic structures of mental representations (Quilty-Dunn & Mandelbaum 2018). Other transitions, such as transitions using iconic representations and associative transitions, are harder to assimilate to syntax-based theories. Here we tackle these difficulties head on in the interest of a fuller taxonomy of mental transitions. Along the way we discuss how icons can be compositional without having constituent structure, and expand and defend the “symmetry condition” on Associationism (the idea that associative links and (...) transitions are perfectly symmetric). In the end, we show how a BIT (“bare inferential transition”) theory can cohabitate with these other non-inferential mental transitions. (shrink)

Despite the growing attention to oppression and resistance in social and political philosophy as well as ethics, philosophers continue to struggle to describe and appropriately attribute agency under non-ideal circumstances of oppression and structural injustice. This chapter identifies some features of new accounts of non-ideal agency and then examines a particular problem for such theories, what Serene Khader has called the agency dilemma. Under the agency dilemma, attempts to articulate the agency of subjects living under oppression must on the one (...) hand avoid overemphasizing constraints on agency, and thereby producing paternalistic theories that “deny agency” for oppressed subjects, and on the other hand avoid failing to fully appreciate the effects of oppression on agency, thereby missing crucial features of how oppression unjustly shapes a person’s lived possibilities. This chapter traces this dilemma to a preoccupation with ascribing agency, which produces problematic descriptive and political effects for theorizing agency under oppression: what the author calls an asymmetry problem and a disenfranchisement problem. Finally, the chapter proposes that the agency dilemma might be ameliorated if theorists scrutinize more closely how moral, epistemic, and political agency interact and overlap in life under oppression. (shrink)

While there is considerable disagreement on the precise nature of material objecthood, it is standardly assumed that material objects must be spatial. In this paper, I provide two arguments against this assumption. The first argument is made from largely a priori considerations about modal plenitude. The possibility of non-spatial material objects follows from commitment to certain plausible principles governing material objecthood and plausible principles regarding modal plenitude. The second argument draws from current philosophical discussions regarding theories of quantum gravity and (...) the emergence of spacetime. When it is appreciated what possible worlds these current theories commit us to, the possibility of non-spatial material objects will follow. Thus, either route will lead us to the possibility of non-spatial material objects. The significance of this result is that we need to revise our accounts of material objecthood to both accommodate these possibilities and the theories that lead to them. (shrink)

This chapter will argue that the criminal law is most compatible with a specific theory regarding the mind/body relationship: non-eliminative reductionism. Criminal responsibility rests upon mental causation: a defendant is found criminally responsible for an act where she possesses certain culpable mental states (mens rea under the law) that are causally related to criminal harm. If we assume the widely accepted position of ontological physicalism, which holds that only one sort of thing exists in the world – physical stuff – (...) non-eliminative reductive physicalism about the mind offers the most plausible account of the full-bodied mental causation criminal responsibility requires. Other theories of the mind/body relationship, including elminativism and non-reductive physicalism, threaten criminal responsibility because they do not offer satisfactory accounts of mental causation. Eliminativism, as the name implies, eliminates the mental or is skeptical that it can do the causal work necessary to responsibility; and non-reductive theories disconnect the mental from the physical/casual world such that the mental can no longer have reliable causal effects. (shrink)

In this paper, I argue that Aristotle was already aware in his earlier texts of the fundamental distinction between motion and activity and of the criterion which structures this contrast. Moreover, I will present textual evidence which suggests that Aristotle’s original concept of ἐνέργεια applies primarily to activities which contain their ends in themselves, and not to motions, which are different from their ends.

Non-moral blame seems to be widespread and widely accepted in everyday life—tolerated at least, but often embraced. We blame athletes for poor performance, artists for bad or boring art, scientists for faulty research, and voters for flawed reasoning. This paper argues that non-moral blame is never justified—i.e. it’s never a morally permissible response to a non-moral failure. Having explained what blame is and how non-moral blame differs from moral blame, the paper presents the argument in four steps. First, it argues (...) that many (perhaps most) apparent cases of non-moral blame are actually cases of moral blame. Second, it argues that even if non-moral blame is pro tanto permissible—because its target is blameworthy for their substandard performance—it often (perhaps usually) fails to meet other permissibility conditions, such as fairness or standing. Third, it goes further and challenges the claim that non-moral blame is ever even pro tanto permissible. Finally, it considers a number of arguments in support of non-moral obligations and argues that none of them succeed. (shrink)

This essay examines the role of non-existent objects in "epistemological ontology"--the study of the entities that make thinking possible. An earlier revision of Meinong's Theory of Objects is reviewed, Meinong's notions of Quasisein and Aussersein are discussed, and a theory of Meinongian objects as "combinatorially possible" entities is presented.

In this paper, I argue that Aristotle was already aware in his earlier texts of the fundamental distinction between motion and activity and of the criterion which structures this contrast. Moreover, I will present textual evidence which suggests that Aristotle’s original concept of ἐνέργεια applies primarily to activities which contain their ends in themselves, and not to motions, which are different from their ends.

A common approach in the philosophy of love defines love as caring about one another and promoting one another's interests, aims and values. The view faces several problems and has been re-formulated to avoid them. However, here I argue that a larger re-formulation of the definition of love is needed in order to accommodate three instances of what I call 'non-harmonious' relationships. I identify three types of non-harmonious love (featuring problematic interests, opposing interests and neutral interests the lovers do not (...) care about) and ultimately claim that our definition of love must incorporate conflict and self- interest, and we should then abandon the excessive focus on the sharing of values. (shrink)

It can often seem like the attitude we hold towards a conditional should be our attitude in the consequent on the supposition of the antecedent. Following by Williamson (Suppose and Tell: The Semantics and Heuristics of Conditionals. Oxford University Press, 2020), we call this The suppositional rule (SR). The Adams-style non-propositional theories of indicatives upholds some key implications of SR, allowing, for instance, our credence in a conditional to be the probability of the consequent given the antecedent. Williamson (Suppose and (...) Tell: The Semantics and Heuristics of Conditionals. Oxford University Press, 2020) has recently provided a series of inconsistency arguments against SR. He thereby intends to undermine non-propositional views as well as other rivals to his favoured material conditional account. I outline a strategy which theorists of all stripes can employ to avoid Williamson’s arguments. I then show how non-propositionalists can implement this strategy. I show how they can uphold SR when it is intuitively compelling, whilst allowing it to fail when it is not. (shrink)

A system of logic usually comprises a language for which a model-theory and a proof-theory are defined. The model-theory defines the semantic notion of model-theoretic logical consequence (⊨), while the proof-theory defines the proof- theoretic notion of logical consequence (or logical derivability, ⊢). If the system in question is sound and complete, then the two notions of logical consequence are extensionally equivalent. The concept of full formalization is a more restrictive one and requires in addition the preservation of the standard (...) meanings of the logical terms in all the admissible interpretations of the logical calculus, as it is proof-theoretically defined. Although classical first-order logic is sound and complete, its standard formalizations fall short to be full formalizations since they allow non-intended interpretations. This fact poses a challenge for the logical inferentialism program, whose main tenet is that the meanings of the logical terms are uniquely determined by the formal axioms or rules of inference that govern their use in a logical calculus, i.e., logical inferentialism requires a categorical calculus. This paper is the first part of a more elaborated study which will analyze the categoricity problem from its beginning until the most recent approaches. I will first start by describing the problem of a full formalization in the general framework in which Carnap (1934/1937, 1943) formulated it for classical logic. Then, in sections IV and V, I shall discuss the way in which the mathematicians B.A. Bernstein (1932) and E.V. Huntington (1933) have previously formulated and analyzed it in algebraic terms for propositional logic and, finally, I shall discuss some critical reactions Nagel (1943), Hempel (1943), Fitch (1944), and Church (1944) formulated to these approaches. (shrink)

The suppression thesis is the theological claim that theistic non-belief results from culpable mistreatment of one’s knowledge of God or one’s evidence for God. The thesis is a traditional one but unpopular today. This article examines whether it can gain new credibility from the philosophy of self-deception and from the cognitive science of religion. The thesis is analysed in terms of the intentionalist and the non-intentionalist model of self-deception. The first proposed model views non-belief as intentional suppression of one’s implicit (...) knowledge of God. It is less feasible psychologically but has a good theological fit with Paul’s and Calvin’s versions of the thesis. This model also helps the argument for the culpability of non-belief. The second model views suppression as a process of subconscious motivated reasoning driven by a desire to avoid an uncomfortable truth. It fits Pascal’s view that one’s desire for or against God determines whether one sees general revelation as providing sufficient evidence for God. There is some empirical and anecdotal evidence for both models, but obvious cases of non-resistant non-belief present a major problem for the suppression thesis. Also, it is hard to see what might motivate anyone to deceive oneself about God’s existence. (shrink)

Non‐Humean theories of natural necessity invoke modally‐laden primitives to explain why nature exhibits lawlike regularities. However, they vary in the primitives they posit and in their subsequent accounts of laws of nature and related phenomena (including natural properties, natural kinds, causation, counterfactuals, and the like). This article provides a taxonomy of non‐Humean theories, discusses influential arguments for and against them, and describes some ways in which differences in goals and methods can motivate different versions of non‐Humeanism (and, for that matter, (...) Humeanism). In short, this article provides an introduction to non‐Humeanism concerning the metaphysics of laws of nature and natural necessity. (shrink)

My dissertation is about Bayesian rationality for non-ideal agents. I show how to derive subjective probabilities from preferences using much weaker rationality assumptions than other standard representation theorems. I argue that non-ideal agents might be uncertain about how they will update on new information and consider two consequences of this uncertainty: such agents should sometimes reject free information and make choices which, taken together, yield sure loss. The upshot is that Bayesian rationality for non-ideal agents makes very different normative demands (...) than ideal Bayesian rationality. (shrink)

It is widely accepted that the ethical supervenes on the natural, where this is roughly the claim that it is impossible for two circumstances to be identical in all natural respects, but different in their ethical respects. This chapter refines and defends the traditional thought that this fact poses a significant challenge to ethical non-naturalism, a view on which ethical properties are fundamentally different in kind from natural properties. The challenge can be encapsulated in three core claims which the chapter (...) defends: that a defensible non-naturalism is committed to the supervenience of the ethical, that this commits the non-naturalist to a brute necessary connection between properties of distinct kinds, and that commitment to such brute connections counts against the non-naturalist’s view. Each of these claims has recently been challenged. Against Nicholas Sturgeon’s recent doubts about the dialectical force of supervenience, this chapter defends a supervenience thesis as deserving to be common ground among ethical realists. It is then argued that attempts to explain supervenience on behalf of the non-naturalist either fail as explanations, generate near-identical explanatory burdens elsewhere, or appeal to commitments that are inconsistent with core motivations for non-naturalism. The chapter concludes that, suitably refined, the traditional argument against nonnaturalism from supervenience is alive and well. (shrink)

This paper is a survey of the supervenience challenge to non-naturalist moral realism. I formulate a version of the challenge, consider the most promising non-naturalist replies to it, and suggest that no fully effective reply has yet been given.

Inspired by recent breakthroughs in predictive modeling, practitioners in both industry and government have turned to machine learning with hopes of operationalizing predictions to drive automated decisions. Unfortunately, many social desiderata concerning consequential decisions, such as justice or fairness, have no natural formulation within a purely predictive framework. In efforts to mitigate these problems, researchers have proposed a variety of metrics for quantifying deviations from various statistical parities that we might expect to observe in a fair world and offered a (...) variety of algorithms in attempts to satisfy subsets of these parities or to trade o the degree to which they are satised against utility. In this paper, we connect this approach to fair machine learning to the literature on ideal and non-ideal methodological approaches in political philosophy. The ideal approach requires positing the principles according to which a just world would operate. In the most straightforward application of ideal theory, one supports a proposed policy by arguing that it closes a discrepancy between the real and the perfectly just world. However, by failing to account for the mechanisms by which our non-ideal world arose, the responsibilities of various decision-makers, and the impacts of proposed policies, naive applications of ideal thinking can lead to misguided interventions. In this paper, we demonstrate a connection between the fair machine learning literature and the ideal approach in political philosophy, and argue that the increasingly apparent shortcomings of proposed fair machine learning algorithms reflect broader troubles faced by the ideal approach. We conclude with a critical discussion of the harms of misguided solutions, a reinterpretation of impossibility results, and directions for future research. (shrink)

Multialgebras have been much studied in mathematics and in computer science. In 2016 Carnielli and Coniglio introduced a class of multialgebras called swap structures, as a semantic framework for dealing with several Logics of Formal Inconsistency that cannot be semantically characterized by a single finite matrix. In particular, these LFIs are not algebraizable by the standard tools of abstract algebraic logic. In this paper, the first steps towards a theory of non-deterministic algebraization of logics by swap structures are given. Specifically, (...) a formal study of swap structures for LFIs is developed, by adapting concepts of universal algebra to multialgebras in a suitable way. A decomposition theorem similar to Birkhoff’s representation theorem is obtained for each class of swap structures. Moreover, when applied to the 3-valued algebraizable logics J3 and Ciore, their classes of algebraic models are retrieved, and the swap structures semantics become twist structures semantics. This fact, together with the existence of a functor from the category of Boolean algebras to the category of swap structures for each LFI, suggests that swap structures can be seen as non-deterministic twist structures. This opens new avenues for dealing with non-algebraizable logics by the more general methodology of multialgebraic semantics. (shrink)

This paper presents and defends Kant’s non-voluntarist conception of political obligations. I argue that civil society is not primarily a prudential requirement for justice; it is not merely a necessary evil or moral response to combat our corrupting nature or our tendency to act viciously, thoughtlessly or in a biased manner. Rather, civil society is constitutive of rightful relations because only in civil society can we interact in ways reconcilable with each person’s innate right to freedom. Civil society is the (...) means through which we can rightfully interact even on the ideal assumption that no one ever succumbs to immoral temptation. (shrink)

In On What Matters, Derek Parfit defends a new metaethical theory, which he calls non-realist cognitivism. It claims that normative judgments are beliefs; that some normative beliefs are true; that the normative concepts that are a part of the propositions that are the contents of normative beliefs are irreducible, unanalysable and of their own unique kind; and that neither the natural features of the reality nor any additional normative features of the reality make the relevant normative beliefs true. The aim (...) of this article is to argue that Parfit’s theory is problematic because its defenders have no resources to make sense of the nature of normative truth, which is an essential element of their view. I do this by showing how the traditional theories of truth are not available for the non-realist cognitivists. (shrink)

A number of authors have objected to the application of non-classical logic to problems in philosophy on the basis that these non-classical logics are usually characterised by a classical metatheory. In many cases the problem amounts to more than just a discrepancy; the very phenomena responsible for non-classicality occur in the field of semantics as much as they do elsewhere. The phenomena of higher order vagueness and the revenge liar are just two such examples. The aim of this paper is (...) to show that a large class of non-classical logics are strong enough to formulate their own model theory in a corresponding non-classical set theory. Specifically I show that adequate definitions of validity can be given for the propositional calculus in such a way that the metatheory proves, in the specified logic, that every theorem of the propositional fragment of that logic is validated. It is shown that in some cases it may fail to be a classical matter whether a given sentence is valid or not. One surprising conclusion for non-classical accounts of vagueness is drawn: there can be no axiomatic, and therefore precise, system which is determinately sound and complete. (shrink)

Intuitively, the knowledge of one’s own intentional actions is different from the knowledge of actions of other sorts, including those of other people and unintentional actions of one's own. But how are we to understand this phenomenon? Does it pertain to all actions, under every description under which they are known? If so, then how is this possible? If not, then how should we think about cases that are exceptions to this principle? This paper is a critical survey of recent (...) attempts to answer these questions. I consider views under three headings: "special source" views, which hold that the knowledge of one's intentional actions has a non-perceptual source; "special domain" views, which hold that some but not all aspects of one's intentional actions are known in a special way; and "special character" views, which hold that the knowledge of intentional actions is special not because of where it comes from, but because of some other respect in which it is different in kind from the knowledge of other things. (shrink)

The article proposes to further develop the ideas of the Extended Evolutionary Synthesis by including into evolutionary research an analysis of phenomena that occur above the organismal level. We demonstrate that the current Extended Synthesis is focused more on individual traits (genetically or non-genetically inherited) and less on community system traits (synergetic/organizational traits) that characterize transgenerational biological, ecological, social, and cultural systems. In this regard, we will consider various communities that are made up of interacting populations, and for which the (...) individual members can belong to the same or to different species. Examples of communities include biofilms, ant colonies, symbiotic associations resulting in holobiont formation, and human societies. The proposed model of evolution at the level of communities revises classic theorizing on the major transitions in evolution by analyzing the interplay between community/social traits and individual traits, and how this brings forth ideas of top-down regulations of bottom-up evolutionary processes (collaboration of downward and upward causation). The work demonstrates that such interplay also includes reticulate interactions and reticulate causation. In this regard, we exemplify how community systems provide various non-genetic ‘scaffoldings’, ‘constraints’, and ‘affordances’ for individual and sociocultural evolutionary development. Such research complements prevailing models that focus on the vertical transmission of heritable information, from parent to offspring, with research that instead focusses on horizontal, oblique and even reverse information transmission, going from offspring to parent. We call this reversed information transfer the ‘offspring effect’ to contrast it from the ‘parental effect’. We argue that the proposed approach to inheritance is effective for modelling cumulative and distributed developmental process and for explaining the biological origins and evolution of language. (shrink)

Classical acquaintance theory is any version of classical foundationalism that appeals to acquaintance in order to account for non-inferential justification. Such theories are well suited to account for a kind of infallible non-inferential justification. Why am I justified in believing that I’m in pain? An initially attractive (partial) answer is that I’m acquainted with my pain. But since I can’t be acquainted with what isn’t there, acquaintance with my pain guarantees that I’m in pain. What’s less clear is whether, given (...) classical acquaintance theory, it’s possible to have non-inferential justification to believe something false. Classical acquaintance theorists try to make room for such a possibility, but I argue that the attempts of Richard Fumerton, Ali Hasan, and Evan Fales are inadequate. I’ll focus on introspective justification, but similar issues arise for a priori justification as well. (shrink)

To understand what non-propositional content is and whether there are any such contents, we first need to know what propositional content is. That issue will be the focus of the first section of this essay. In the second section, with an understanding of propositional content in hand, we will consider representations that fail to have propositional content. In contrast to recent literature, it will be argued that metaphysical considerations concerning what's represented, rather than linguistic considerations, are a more promising way (...) of establishing non-propositional contents. To keep the discussion containable, focus will be on representational mental states, though many of the considerations can be extended to other forms of representation. (shrink)

Metaethical realists disagree about the nature of normative properties. Naturalists think that they are ordinary natural properties: causally efficacious, a posteriori knowable, and usable in the best explanations of natural and social sciences. Non-naturalist realists, in contrast, argue that they are sui generis: causally inert, a priori knowable and not a part of the subject matter of sciences. It has been assumed so far that naturalists can explain causally how the normative predicates manage to refer to normative properties, whereas non-naturalists (...) are unable to provide equally satisfactory metasemantic explanations. This article first describes how the previous non-naturalist accounts of reference fail to tell us how the normative predicates could have come to refer to the non-natural properties rather than to the natural ones. I will then use the so-called qua-problem to show how the causal theories of reference of naturalists also fail to fix the reference of normative predicates to unique natural properties. Finally, I will suggest that, just as naturalists need to rely on the non-causal mechanism of reference magnetism to solve the previous problem, non-naturalists, too, can rely on the very same idea to respond to the pressing metasemantic challenges that they face concerning reference. (shrink)

In this article, I present two objections against the view that aesthetic judgements – that is, judgemental ascriptions of aesthetic qualities like elegance or harmony – are justified non‐inferentially. The first is that this view cannot make sense of our practice to support our aesthetic judgements by reference to lower‐level features of the objects concerned. The second objection maintains that non‐inferentialism about the justification of aesthetic judgements cannot explain why our aesthetic interest in artworks and other objects is limited to (...) only some of their lower‐level features that realise their higher‐level aesthetic qualities. Although my concern with the view that aesthetic judgements are subject to non‐inferential justification is very general, my discussion is primarily structured around Sibley's well‐developed and influential version of this view. (shrink)

Ideal theory in social and political philosophy generally works to hide philosophical theories’ complicity in sustaining the structural violence and maintenance of white supremacy that are foundational to settler colonial societies. While non-ideal theory can provide a corrective to some of ideal theory’s intended omissions, it can also work to conceal the same systems of violence that ideal theory does, especially when framed primarily as a response to ideal theory. This article takes a decolonial approach to exploring the limitations of (...) non-ideal theory in its ability to respond to and redress the continuing harms done to Indigenous peoples by settler colonialism, including by outlining non-ideal theory’s relationship to a colonial politics of recognition. (shrink)

Based on three recently published books on climate justice, this article reviews the field of climate ethics in light of developments of international climate politics. The central problem addressed is how idealised normative theories can be relevant to the political process of negotiating a just distribution of the costs and benefits of mitigating climate change. I distinguish three possible responses, that is, three kinds of non-ideal theories of climate justice: focused on (1) the injustice of some agents not doing their (...) part; (2) the policy process and aiming to be realistic; and (3) grievances related to the transition to a clean-energy economy. The methodological discussion underpinning each response is innovative and should be of interest more generally, even though it is still underdeveloped. The practical upshot, however, is unclear: even non-ideal climate justice may be too disconnected from the fast-moving and messy climate circus. (shrink)

Many of our attitudes are non-culpable: there was nothing that we should have done to avoid holding them. I argue that we can still be blameworthy for non-culpable attitudes: they can impair our relationships in ways that make our full practice of apology and forgiveness intelligible. My argument poses a new challenge to indirect voluntarists, who attempt to reduce all responsibility for attitudes to responsibility for prior actions and omissions. Rationalists, who instead explain attitudinal responsibility by appeal to reasons-responsiveness, can (...) make sense of blameworthiness for non-culpable attitudes. In response, voluntarists could propose a revision of our actual practices. This would lead us into a quite different debate. (shrink)

This article offers a novel solution to the problem of material constitution: by including non-concrete objects among the parts of material objects, we can avoid having a statue and its constituent piece of clay composed of all the same proper parts. Non-concrete objects—objects that aren’t concrete, but possibly are—have been used in defense of the claim that everything necessarily exists. But the account offered shows that non-concreta are independently useful in other domains as well. The resulting view falls under a (...) ‘nonmaterial partist’ class of views that includes, in particular, Laurie Paul’s and Kathrin Koslicki’s constitution views; ones where material objects have properties or structures as parts respectively. The article gives reasons for preferring the non-concretist solution over these other non-material partist views and defends it against objections. (shrink)

Aesthetic non-naturalism is the view that there are objective aesthetic truths that hold in virtue of sui generis facts. This view is seldom explicitly endorsed in philosophical aesthetics. I argue that many aestheticians should treat it as the view to beat, since (a) their commitments favour aesthetic realism, (b) non-naturalistic forms of aesthetic realism are particularly promising and (c) non-naturalists have reasonable answers to four important objections.

Morally speaking, what should one do when one is morally uncertain? Call this the Moral Uncertainty Question. In this paper, I argue that a non-ideal moral theory provides the best answer to the Moral Uncertainty Question. I begin by arguing for a strong ought-implies-can principle---morally ought implies agentially can---and use that principle to clarify the structure of a compelling non-ideal moral theory. I then describe the ways in which one's moral uncertainty affects one's moral prescriptions: moral uncertainty constrains the set (...) of moral prescriptions one is subject to, and at the same time generates new non-ideal moral reasons for action. I end by surveying the problems that plague alternative answers to the Moral Uncertainty Question, and show that my preferred answer avoids most of those problems. (shrink)

In situations where we ignore everything but the space of possibilities, we ought to suspend judgment—that is, remain agnostic—about which of these possibilities is the case. This means that we cannot sum our degrees of belief in different possibilities, something that has been formalized as an axiom of non-additivity. Consistent with this way of representing our ignorance, I defend a doxastic norm that recommends that we should nevertheless follow a certain additivity of possibilities: even if we cannot sum degrees of (...) belief in different possibilities, we should be more confident in larger groups of possibilities. It is thus shown that, in the type of situation considered (in so-called ‘classical ignorance’, i.e. “behind a thin veil of ignorance”), it is epistemically rational for advocates of suspending judgment to endorse this comparative confidence; while on the other hand it is shown that, even in classical ignorance, no stronger belief—such as a precise uniform probability distribution—is warranted. (shrink)

This essay examines the role of non-existent objects in "epistemological ontology" — the study of the entities that make thinking possible. An earlier revision of Meinong's Theory of Objects is reviewed, Meinong's notions of Quasisein and Außersein are discussed, and a theory of Meinongian objects as "combinatorially possible" entities is presented.

This paper is a discussion note on Isaacs et al. (2022), who have claimed to offer a new motivation for imprecise probabilities, based on the mathematical phenomenon of non-measurability. In this note, I clarify some consequences of their proposal. In particular, I show that if their proposal is applied to a bounded 3-dimensional space, then they have to reject at least one of the following: (i) If A is at most as probable as B and B is at most as (...) probable as C, then A is at most as probable as C. (ii) Let A ∩ C = B ∩ C = ∅. A is at most as probable as B iff (A ∪ C) is at most as probable as (B ∪ C). But rejecting either statement seems unattractive. (shrink)

It was something of a dogma for much of the twentieth century that one cannot validly derive an ought from an is. More generally, it was held that non-normative propositions do not entail normative propositions. Call this thesis about the relation between the natural and the normative Natural-Normative Autonomy. The denial of Autonomy involves the entanglement of the natural with the normative. Naturalism entails entanglement—in fact it entails the most extreme form of entanglement—but entanglement does not entail naturalism. In a (...) ground-breaking paper “The autonomy of ethics” Arthur Prior constructed some intriguing counterexamples to Autonomy. While his counterexamples have convinced few, there is little agreement on what is wrong with them. I present a new analysis of Autonomy, one which is grounded in a general and independently plausible account of subject matters. While Prior’s arguments do establish shallow natural-normative entanglement, this is a consequence of simple logical relationships that hold between just about any two subject matters. It has nothing special to do with the logical structure of normativity or its relation to the natural. Prior’s arguments leave the fundamental idea behind natural-normative Autonomy intact. I offer a new argument for deep entanglement. I show that in any framework adequate for dealing with the natural and the normative spheres, a purely natural proposition entails a purely normative proposition, and vice-versa. But this is no threat to non-naturalist moral realism. In fact it helps ameliorate the excesses of an extreme non-naturalism, delivering a more palatable and plausible position. (shrink)