The paper outlines a new interpretation of informational privacy and of its moral value. The main theses defended are: (a) informational privacy is a function of the ontological friction in the infosphere, that is, of the forces that oppose the information flow within the space of information; (b) digital ICTs (information and communication technologies) affect the ontological friction by changing the nature of the infosphere (re-ontologization); (c) digital ICTs can therefore both decrease and protect informational privacy (...) but, most importantly, they can also alter its nature and hence our understanding and appreciation of it; (d) a change in our ontological perspective, brought about by digital ICTs, suggests considering each person as being constituted by his or her information and hence regarding a breach of one’s informational privacy as a form of aggression towards one’s personal identity. (shrink)

This chapter discusses some conceptual undercurrents, which flow beneath the surface of the literature on information and computer ethics (ICE). It focuses on the potential impact of Information and Communication Technologies (ICTs) on our lives. Because of their 'data superconductivity', ICTs are well known for being among the most influential factors that affect the ontological friction in the infosphere. As a full expression of techne, the information society has already posed fundamental ethical problems, whose complexity and global dimensions (...) are rapidly evolving. The task is to formulate an ethical framework that can treat the infosphere as a new environment worth the moral attention and care of the human inforgs inhabiting it. We have begun to see ourselves as connected informational organisms (inforgs), not through some fanciful transformation in our body, but, more seriously and realistically, through the re-ontologization of our environment and of ourselves. (shrink)

At the beginning of the Russian Federation’s attack on Ukraine in February 2022, the European Union put up massive resistance, but due to its sudden overload, it was unable to deal with the situation adequately. It was in a state of paralysis for some time. Therefore, five explanatory models for the Russian actions are presented: an offensive, a defensive, a situational, a socio-cultural, and an ideological-historical one. It is then shown that the German term Gewalt, which combines the English terms (...) violence, power, and force ontologically, is best suited to summarize and describe all these models. It is also shown that Gewalt is a neutral, fundamental human concept that can be described as one of the basic driving forces of man. By piercing society, Gewalt constitutes an impulse, a motivation that stimulates and fuels the individual and society in toto. This leads to what we call Progressus, which depends on four variables – group desire, potential means of violence and force, group aims and objectives, as well as group comparison and evaluation. Progressus is inherent in all persons and in all societies. It can be analyzed and managed in a variety of different ways. Combined with the foundation of Gewalt, seen as neutral agent in varying levels of intensity, Progressus forms a matrix for efficient analysis to describe positive and frictional interaction, establishes social relations from friendship up to war; and this between individuals, groups and/or states. How this is possibly implemented in practice is described at the end using an example from the previously presented explanatory models. (shrink)

Gila Sher approaches knowledge from the perspective of the basic human epistemic situation—the situation of limited yet resourceful beings, living in a complex world and aspiring to know it in its full complexity. What principles should guide them? Two fundamental principles of knowledge are epistemic friction and freedom. Knowledge must be substantially constrained by the world (friction), but without active participation of the knower in accessing the world (freedom) theoretical knowledge is impossible. This requires a grounding of all (...) knowledge, empirical and abstract, in both mind and world, but the fall of traditional foundationalism has led many to doubt the viability of this ‘classical’ project. Sher challenges this skepticism, charting a new foundational methodology, foundational holism, that differs from others in being holistic, world-oriented, and universal (i.e., applicable to all fields of knowledge). Using this methodology, Epistemic Friction develops an integrated theory of knowledge, truth, and logic. This includes (i) a dynamic model of knowledge, incorporating some of Quine’s revolutionary ideas while rejecting his narrow empiricism, (ii) a substantivist, non-traditional correspondence theory of truth, and (iii) an outline of a joint grounding of logic in mind and world. The model of knowledge subjects all disciplines to demanding norms of both veridicality and conceptualization. The correspondence theory is robust and universal yet not simplistic or naive, admitting diverse forms of correspondence. Logic’s grounding in the world brings it in line with other disciplines while preserving, and explaining, its strong formality, necessity, generality, and normativity. (shrink)

Derek Parfit defended Non-Realist Cognitivism. It is an open secret that this metaethical theory is often thought at best puzzling and at worst objectionably unclear. Employing truthmaker theory, I provide an account of Non-Realist Cognitivism that dispels charges of objectionable unclarity, clarifies how to assess it, and explains why, if plausible, it would be an attractive theory. I develop concerns that the theory involves cheating into an objection that ultimately reveals Non-Realist Cognitivism faces a dilemma. Whether it can escape demands (...) further attention. In bridging metaethics and the truthmaking literature, I illustrate the importance of greater meta-metaphysical reflection in metaethics. (shrink)

The category of ‘organism’ has an ambiguous status: is it scientific or is it philosophical? Or, if one looks at it from within the relatively recent field or sub-field of philosophy of biology, is it a central, or at least legitimate category therein, or should it be dispensed with? In any case, it has long served as a kind of scientific “bolstering” for a philosophical train of argument which seeks to refute the “mechanistic” or “reductionist” trend, which has been perceived (...) as dominant since the 17th century, whether in the case of Stahlian animism, Leibnizian monadology, the neo-vitalism of Hans Driesch, or, lastly, of the “phenomenology of organic life” in the 20th century, with authors such as Kurt Goldstein, Maurice Merleau-Ponty, and Georges Canguilhem. In this paper I try to reconstruct some of the main interpretive ‘stages’ or ‘layers’ of the concept of organism in order to critically evaluate it. How might ‘organism’ be a useful concept if one rules out the excesses of ‘organismic’ biology and metaphysics? Varieties of instrumentalism and what I call the ‘projective’ concept of organism are appealing, but perhaps ultimately unsatisfying. (shrink)

In this paper, I propose the concept of the “animated persona,” a soundless voice that says, “I am here” and appears on the surface of someone or something. This concept can bring clarity to the experience of perceiving a kind of personhood on a corpse, a wooden mask, or even a tree. In the first half of this paper, I will examine some Japanese literature and a work of Viktor Frankl’s that discuss these phenomena. In the second half, I will (...) analyze the concept of animated persona from five perspectives: (1) a compelling power, (2) surface-ness, (3) religious experience, (4) universality, and (5) the meaning of “I.” Lastly, I will discuss the relationship among the three layers of biological object, animated persona, and self-conscious being. My aim is to shed new light on the meaning of the encounter between the living and the dead. (shrink)

This paper addresses the issue of how to best account for the diversity of our (synchronic) mental activities. The discussion starts with Mark Textor’s mental monism. According to mental monism, our mental life is constituted by just one simple mental act, in which different sub-acts can be conceptually distinguished. Textor grounds this view in the work of the early Brentano and contrasts it with the theory of the later Brentano, who introduces a mental substance into his philosophy. According to Textor, (...) Brentano needs a substance because he is unable to explain how mental monism can account for the separability of our mental activities, e.g. the fact that I can stop hearing F while still seeing blue. Textor argues, however, that mental monism can solve this problem. I address two issues regarding Textor’s view. First, I challenge his interpretation of Brentano by arguing that the early Brentano imports ontological complexity into our mental life; I defend Brentano’s view against possible criticisms, and I address some objections to mental monism. Second, I oppose Textor’s narrative about the mental substance. I argue that Brentano needs a substance not to explain separability, but rather to individuate our mental acts. I still argue, however, that Brentano’s earlier view (understood in my sense) is better than the substance account for dividing the mind. (shrink)

William of Ockham (d. 1347) is well known for his commitment to parsimony and for his so-called ‘razor’ principle. But little is known about attempts among his own contemporaries to deflect his use of the razor. In this paper, I explore one such attempt. In particular, I consider a clever challenge that Ockham’s younger contemporary, Walter Chatton (d. 1343) deploys against the razor. The challenge involves a kind of dilemma for Ockham. Depending on how Ockham responds to this dilemma, his (...) razor will, Chatton argues, either prove unacceptably dull when it comes to determining ontological commitment or prove unacceptably sharp when it comes to determining commitments entailed by certain theological doctrines. While Chatton’s objection is subtle and interesting in its own right, the broader significance of the debate between these thinkers lies in the light it sheds on medieval approaches to issues surrounding metaphysical methodology. (shrink)

In this paper, the authors show that there is a reading of St. Anselm's ontological argument in Proslogium II that is logically valid (the premises entail the conclusion). This reading takes Anselm's use of the definite description "that than which nothing greater can be conceived" seriously. Consider a first-order language and logic in which definite descriptions are genuine terms, and in which the quantified sentence "there is an x such that..." does not imply "x exists". Then, using an ordinary (...) logic of descriptions and a connected greater-than relation, God's existence logically follows from the claims: (a) there is a conceivable thing than which nothing greater is conceivable, and (b) if <em>x</em> doesn't exist, something greater than x can be conceived. To deny the conclusion, one must deny one of the premises. However, the argument involves no modal inferences and, interestingly, Descartes' ontological argument can be derived from it. (shrink)

This article investigates the challenges posed by the reliability of knowledge in neurophenomenology and its connection to reality. Neurophenomenological research seeks to understand the intricate relationship between human consciousness, cognition, and the underlying neural processes. However, the subjective nature of conscious experiences presents unique epistemic challenges in determining the reliability of the knowledge generated in this research. Personal factors such as beliefs, emotions, and cultural backgrounds influence subjective experiences, which vary from individual to individual. On the other hand, scientific knowledge (...) aims to uncover universal truths based on empirical observations and objective principles. Reconciling the subjective and objective realms presents a significant challenge in determining the reliability of knowledge generated through neurophenomenological research. This article aims to examine the inherent limitations and challenges of neurophenomenological research to shed light on the complexities involved in understanding the nature of knowledge itself. This article highlights that the ontological implications of the reliability of knowledge in neurophenomenology arise from the question of how subjective experiences relate to objective reality. Understanding the neural correlates and mechanisms behind subjective experiences can provide insight into the underlying ontological nature of consciousness. (shrink)

I argue that appreciation of the phenomenon of forgetting requires serious attention to its origins and place in nature. This, in turn, necessitates metaphysical inquiry as well as empirical backing – a combination likely to be eschewed by psychological orthodoxy. But, if we hope to avoid the conceptual vacuity that characterizes too much of contemporary psychological inquiry (e.g., Klein, 2012, 2014a, 2015a, 2016a), a “big picture” approach to phenomena of interest is essential. Adopting this investigative posture turns the “received view” (...) of the relation between remembering and forgetting on its head: Rather than treated as the result of breakdowns and limitations of biologically engineered systems of remembering, forgetting is accorded elevated status as the driving force behind the evolution of organic systems of information retention. (shrink)

Virtual environments engage millions of people and billions of dollars each year. What is the ontological status of the virtual objects that populate those environments? An adequate answer to that question requires a developed semantics for virtual environments. The truth-conditions must be identified for “tree”-sentences when uttered by speakers immersed in a virtual environment (VE). It will be argued that statements about virtual objects have truth-conditions roughly comparable to the verificationist conditions popular amongst some contemporary antirealists. This does not (...) mean that the virtual objects lack ontological standing. There is an important sense in which virtual objects are no less real for being mind-dependent. (shrink)

This paper argues that Kant’s most famous objection to the ontological argument -- that existence is not a real predicate -- is not, in fact, his most effective objection, and that his ”neglected objection’ to the argument deserves to be better known. It shows that Kant clearly anticipates William Rowe’s later objection that the argument begs the question, and discusses why Kant himself seems to have overlooked the force of this criticism in his attempt to demolish the traditional proofs (...) for God’s existence. (shrink)

Individualists about social ontology hold that social facts are “built out of” facts about individuals. In this paper, I argue that there are two distinct kinds of individualism about social ontology, two different ways individual people might be the metaphysical “builders” of the social world. The familiar kind is ontological individualism. This is the thesis that social facts supervene on, or are exhaustively grounded by, facts about individual people. What I call anchor individualism is the alternative thesis that facts (...) about individuals put in place the conditions for a social entity to exist, or the conditions for something to have a social property. Examples include conventionalist theories of the social world, such as David Hume’s theories of promises, money, and government, and collective acceptance theories, such as John Searle’s theory of institutional facts. Anchor individualism is often conflated with ontological individualism. But in fact, the two theses are in tension with one another: if one of these kinds of individualism is true, then the other is very unlikely to be. My aim in this paper is to clarify both, and argue that they should be sharply distinguished from one another. (shrink)

In this chapter, we propose an ecological hermeneutic phenomenology to study both the ontic and ontological structures of new and emerging technologies. In section 2, we first consult the traditional concept of phenomenology to find an entry point for our methodological considerations. It will become clear that Heidegger provides a progressive concept of hermeneutic phenomenology, although we are critical of his essentialism and linguistic focus in which there seems to be no room for the phenomenological consideration of ontic phenomena. (...) The discussion of Heidegger results in a methodological concept of an empirically informed ecological hermeneutic phenomenology that enables us to research how new and emerging technologies impact the World in which we live and act. Subsequently, we critically reflect on the epoché of phenomenology and show that a methodological concept of ecological hermeneutic phenomenology engages in an ecological transduction from technology as thematic artefact to technology as co-thematic ontological structure in which each and every artefact is grounded. (shrink)

Types are fundamental for conceptual modeling and knowledge representation, being an essential construct in all major modeling languages in these fields. Despite that, from an ontological and cognitive point of view, there has been a lack of theoretical support for precisely defining a consensual view on types. As a consequence, there has been a lack of precise methodological support for users when choosing the best way to model general terms representing types that appear in a domain, and for building (...) sound taxonomic structures involving them. For over a decade now, a community of researchers has contributed to the development of the Unified Foundational Ontology (UFO) - aimed at providing foundations for all major conceptual modeling constructs. At the core of this enterprise, there has been a theory of types specially designed to address these issues. This theory is ontologically well- founded, psychologically informed, and formally characterized. These results have led to the development of a Conceptual Modelling language dubbed OntoUML, reflecting the ontological micro-theories comprising UFO. Over the years, UFO and OntoUML have been successfully employed on conceptual model design in a variety of domains including academic, industrial, and governmental settings. These experiences exposed improvement opportunities for both the OntoUML language and its underlying theory, UFO. In this paper, we revise the theory of types in UFO in response to empirical evidence. The new version of this theory shows that many of OntoUML’s meta-types (e.g. kind, role, phase, mixin) should be considered not as restricted to substantial types but instead should be applied to model endurant types in general, including relator types, quality types, and mode types. We also contribute with a formal characterization of this fragment of the theory, which is then used to advance a new metamodel for OntoUML (termed OntoUML 2). To demonstrate that the benefits of this approach are extended beyond OntoUML, the proposed formal theory is then employed to support the definition of UFO-based lightweight Semantic Web ontologies with ontological constraint checking in OWL. Additionally, we report on empirical evidence from the literature, mainly from cognitive psychology but also from linguistics, supporting some of the key claims made by this theory. Finally, we propose a computational support for this updated metamodel. (shrink)

Deflationary positions have been defended in many areas of philosophy. Most prominent are semantic deflationism about truth and reference, and meta-ontological deflationism, according to which existence has no deep nature and the standard neo-Quinean approach to ontology is misguided. Although both kinds of views have generated much discussion, surprisingly little attention has been paid to the question of how they relate to each other. Are they independent, is it advisable to hold them all at once, or do they even (...) entail each other? One exception is Amie Thomasson, who has argued that semantic deflationism actually entails meta-ontological deflationism. This is unexpected, since semantic deflationism is usually regarded as much less controversial than meta-ontological deflationism. In our paper, we will argue that Thomasson’s argument fails though, and that the connection between the views is in fact weaker than she makes them out to be. (shrink)

Modal ontological arguments are often claimed to be immune to the flqqperfect islandfrqq objection of Gaunilo, because necessary existence does not apply to material, contingent things. But Gaunilo’s strategy can be reformulated: we can speak of non-contingent beings, like quasi-Gods or evil God. The paper is intended to show that we can construct ontological arguments for the existence of such beings, and that those arguments are equally plausible as theistic modal argument. This result does not show that this (...) argument is fallacious, but it shows that it is dialectically ineffective as an argument for theism. (shrink)

Amid the wide variety of interpretations of quantum mechanics, the notion of a fully coherent ontological interpretation has seen a promising evolution over the last few decades. Despite this progress, however, the old dualistic categorical constraints of subjectivity and objectivity, correlate with the metrically restricted definition of local and global, have remained largely in place – a reflection of the broader, persistent inheritance of these comfortable strictures throughout the evolution of modern science. If one traces this inheritance back to (...) its ancient roots in Plato and Aristotle, it is clear that the coherence, scientific utility, and historical durability of the various natural philosophies that followed have been directly proportional to their commitment, tacit or explicit, to object-oriented realism. As Simondon might put it, it is a commitment to the primacy of individuated substance over the process of individuation. For Whitehead, it is the misplaced assimilation of becoming to being, of potentiality to actuality. Quantum mechanics has challenged this commitment with a combined breadth and depth of force that far exceeds any other theory in the history of science. The theory’s objectively demonstrable empirical application is manifest only by way of a fundamentally subjective, context-dependent mechanism of measurement. More compelling still, actual system states are always actualizations of locally contextualized yet globally conditioned potential system states, such that “globally objective” reality is no longer merely the object of local measurement, but also its product. Thus, any coherent, ontological interpretation of quantum theory must include a conceptual framework by which objectivity and subjectivity, actuality and potentiality, global and local, being and becoming, individuated fact and process of individuation, are no longer understood as merely epistemic, mutually exclusive category pairs descriptive of an already extant, closed reality – but rather as mutually implicative ontological categories explicative of an ontogenetic, open reality-in-process. (shrink)

This paper argues for a distinction between fictional characters, as parts of intentionally created abstract artifacts, and intentional objects, as nonexistent objects generated by referential acts that fail to refer. It argues that intentional objects as the nonexistent objects of imagination and other objectual attitudes are well-reflected in natural language, though in a highly restricted way, reflecting their ontological dependence on referential acts. The paper elaborates how that ontological dependence can be understood.

Whence comes the evil will? My paper examines Kant’s notion of radical evil and Kierkegaard’s analysis of sin in order to uncover the existential-ontological dynamic of the evil will. Ultimately, I argue, the evil will arises in response to the anxiety inherent in freedom itself. I conclude with an examination of Kierkegaard’s ‘formula of faith’ as a solution to the dilemma of freedom, and consider the role faith may play in freedom’s moral maturation.

In this paper, I will argue that the main contrast between religious fictionalism and other recently developed fictionalist positions in other non-religious fields of enquiry is the sort of personal and affective relationship said to be felt by the religious person between them and God, the feeling of being in a loving and personal communion with God. I will argue that a realist, non-Meingonian artifactual fictionalist understanding of God, along the lines that philosophers such as Schiffer and Thomasson have already (...) defended on non-religious grounds regarding fictional characters, seems to be the most direct way of preserving the possibility of the religious person standing in an actual relation to God while also maintaining a fictionalist understanding of religious faith. Last, I will argue that conceiving of God in these realist artifactual terms, and despite allowing the possibility of the religious person standing in an actual relation to God, fails to preserve a genuine personal relationship between the concrete religious person and God. (shrink)

Ontological principles are needed in order to bridge the gap between medical and biological information in a robust and computable fashion. This is essential in order to draw inferences across the levels of granularity which span medicine and biology, an example of which include the understanding of the roles of tumor markers in the development and progress of carcinoma. Such information integration is also important for the integration of genomics information with the information contained in the electronic patient records (...) in such a way that real time conclusions can be drawn. In this paper we describe a large multi-granular datasource built by using ontological principles and focusing on the case of colon carcinoma. (shrink)

This paper considers the philosophical interpretation of the concept of svabhāva, sometimes translated as 'inherent existence' or 'own-being', in the Madyamaka school of Buddhist philosophy. It is argued that svabhāva must be understood as having two different conceptual dimensions, an ontological and a cognitive one. The ontological dimension of svabhāva shows it to play a particular part in theories investigating the most fundamental constituents of the world. Three different understandings of svabhāva are discussed under this heading: svabhāva understood (...) as essence, as substance, and as the true nature of phenomena (absolute svabhāva). The cognitive dimension shows svabhāva as playing an important rôle in our everyday conceptualization of phenomena. Svabhāva is here seen as a superimposition (samāropa) which the mind projects onto the world. (shrink)

A thought experiment on the ultimate non-essence of Time.

I think it would be fair to say that, until about 1900, philosophers were generally reluctant to admit the existence of what are nowadays called polyadic properties.1 It is important to recognize, however, that this reluctance on the part of pre-twentieth-century philosophers did not prevent them from theorizing about relations. On the contrary, philosophers from the ancient through the modern period have had much to say about both the nature and the ontological status of relations. In this paper I (...) examine the views of one such philosopher, namely, Albert the Great. (shrink)

Focusing on the notion of consciousness (Gewissen) as a phenomenon originating from Da-sein according to Heidegger's interpretation in the work “Being and Time” (II Part, II Chapter, From section § 55 to section § 60), Prof. Luiz Carlos Mariano Da Rosa, in line with the hermeneutic-phenomenological-ontological-existential principle, investigates the cry of consciousness as a summons of the self in its power-to-be itself, taking into account the Da-sein that cries out deep down of its strangeness as a cry of consciousness (...) in a theoretical-conceptual construction that encloses what cries out and what is ac-claimed within the borders of Da-sein. In this way, analyzing the Da-sein as one who cries out and its being-launched as “already-being-in” and the anguish with its power-being as a call to assume its own power-being, whose movement concludes the care character of Da-sein as an ontological possibility of the cry of consciousness, the article exposes that, constituting care, the being of Da-sein comprises in itself facticity (being- released), existence (project) and decay in a process that points out that Da-sein is as it determines itself as a power-being that belongs to itself as a power-being, which implies that, keeping only the possibility of existing as the being whose responsibility implies being what it is, the Da-sein -sence, existing, consists of the foundation of its power-to-be. Constituting being and being indebted to being designated as care, the cry consists of the cry of care in a construction that points out that the Da-sein is originally reunited with itself in strangeness and whose ac-clamation, converging into a pro-claiming complaint, ends the pro-claiming of possibility as a possibility that, in existing, involves assuming, in itself, the launched being that it is, implying the claim for the being launched in the face of the ought-to-be and the power-to-be in the sense of understanding oneself as the foundation of nothingness to be assumed in existence in a movement that attributes the decision to the most original truth condition of Da-sein. (shrink)

This dissertation argues that we have no good reason to accept any one theory of properties as correct. To show this, I present three possible bases for theory-choice in the properties debate: coherence, explanatory adequacy, and explanatory value. Then I argue that none of these bases resolve the underdetermination of our choice between theories of properties. First, I argue considerations about coherence cannot resolve the underdetermination, because no traditional theory of properties is obviously incoherent. Second, I argue considerations of explanatory (...) adequacy cannot resolve the underdetermination, because every traditional theory of properties lacks the theoretical resources to adequately explain resemblance, causal powers, and predication. However, these inadequacies are easily remedied with theoretical modifications. But this results in an overabundance of modified, but adequate, theories of properties. Third, I argue explanatory virtues cannot resolve the underdetermination, because we have no reason to think explanatory virtues make theories of properties more likely to be true. I reject the common argument that explanatory virtues are truth-conducive in theories of properties because they are truth-conducive in scientific theories. Since none of the three bases for theory choice can resolve the underdetermination, I conclude that we have no good reason to accept any one theory of properties as correct. Finally, I consider the possibility of choosing one theory over the others on pragmatic grounds. But I argue that pragmatic grounds cannot resolve the underdetermination either. Instead, I suggest we accept the view I call 'instrumental pluralism,' which allows practitioners to use whatever theory of properties they find useful. Adviser: Jennifer McKitrick. (shrink)

We discuss the philosophical implications of formal results showing the con- sequences of adding the epsilon operator to intuitionistic predicate logic. These results are related to Diaconescu’s theorem, a result originating in topos theory that, translated to constructive set theory, says that the axiom of choice (an “existence principle”) implies the law of excluded middle (which purports to be a logical principle). As a logical choice principle, epsilon allows us to translate that result to a logical setting, where one can (...) get an analogue of Diaconescu’s result, but also can disentangle the roles of certain other assumptions that are hidden in mathematical presentations. It is our view that these results have not received the attention they deserve: logicians are unlikely to read a discussion because the results considered are “already well known,” while the results are simultaneously unknown to philosophers who do not specialize in what most philosophers will regard as esoteric logics. This is a problem, since these results have important implications for and promise signif i cant illumination of contem- porary debates in metaphysics. The point of this paper is to make the nature of the results clear in a way accessible to philosophers who do not specialize in logic, and in a way that makes clear their implications for contemporary philo- sophical discussions. To make the latter point, we will focus on Dummettian discussions of realism and anti-realism. Keywords: epsilon, axiom of choice, metaphysics, intuitionistic logic, Dummett, realism, antirealism. (shrink)

This paper offers a social phenomenological reading of the globally binding practice of 'social distancing' in light of the precautionary measures against the spreading of the Covid-19 virus. Amid speculation about the far-reaching effects of temporarily applicable measures and foresights about the advent of an ethos that has been heralded by the media as the 'new normal', the ubiquitous phenomenon of social distancing calls for a fundamental ontological elucidation. The purported hermeneutic that is situated in the broader place branding (...) and experiential marketing literatures places Covid-19 in the shoes of Being, and, therefore, imagines how Being would behave ontologically if it were a virus. By positing that the virus does operate like Being, five these are formulated as experiential interpretive categories with regard to the ontological status of Covid-19. The adopted approach makes the following contributions to the extant literature: First, it addresses a wholly new phenomenon in place branding, namely a pre-branded place that is non-negotiable, globally applicable and seemingly equivalent to pure void. Second, it advances the application of phenomenological research in experiential consumption by highlighting the aptness of the so far peripheral (in the marketing discipline) strand of Heideggerian fundamental ontology. Third, it expands the notion of place in the place branding literature, by showing how spatialization is the outcome of temporalization, in line with the adopted phenomenological perspective. (shrink)

In the prospectus for his later work pronounced in 1952, Merleau-Ponty announced that his move beyond the phenomenological to the ontological level of analysis is motivated by issues of sociality, notably communication with others.' I propose to interrogate this priority attributed by the author to this interpersonal bond in his reflections on corporeality in general, marking a departure from The Structure of Behavior and The Phenomenology of Perception, which privileged the starting point of consciousness and the body proper. My (...) interest lies particularly in exposing the psychological sources of Merleau-Ponty's thinking about the primacy of sociality. Referring to his lectures on Child Psychology and Pedagogy, which he delivered as Professor at the Sorbonne in Paris in 1949-52,2 I will develop the contention that the developmental psychology of child sociality significantly informed his understanding of relations between self and other laid out in the later texts, and henceforth informed also his conception of the flesh. Specifically, the psychological hypotheses about the anonymous and fusional form initially taken by human sociality appears to play a determining role in his conception of interpersonal life formulated on the ontological plane. I will then point to the internal tensions involved in the theory of sociality based on the thesis of anonymity and disclose an alternative theoretical account, which has the merit of preserving the advantages of the anonymity thesis while avoiding its drawbacks; it also facilitates continued dialogue between Merleau-Ponty's philosophy and recent developmental psychology. (shrink)

In this study, I reconstruct and compare Alain Badiou’s Being and Event (2005) and Graham Priest’s One (2014), arguing that the ontologies pursued within the two texts are intriguingly analogous in a number of ways. Both Badiou and Priest are committed to thinking through classically ontological problems without denying the validity of the paradoxes they raise; both regard Plato’s Parmenides as an early and formative account of these paradoxes; both establish conclusions to the effect that unity – or “oneness” (...) – is indeed a contradictory phenomenon; and both, as a corollary of this conclusion, develop frameworks which confer ontological prominence upon "the void" and "emptiness" respectively, thereby arriving at what appears to be a shared ontological nihilism. In this comparative study, I not only enquire whether the frameworks adopted by Badiou and Priest really do lead to nihilist conclusions, but also attempt to clearly outline their trajectories of thought for the benefit of those who might be tempted to dismiss their seemingly outlandish theses out of hand. (shrink)

In this paper, we aim at rethinking the concept of obesity in a way that better captures the connection between underlying medical aspects, on the one hand, and an individual’s developmental history, on the other. Our proposal rests on the idea that obesity is not to be understood as a phenotypic trait or character; rather, obesity represents one of the many possible states of a more complex phenotypic trait that we call ‘energy metabolism.’ We argue that this apparently simple conceptual (...) shift can help solve important theoretical misconceptions regarding the genetics, epigenetics, and development of obesity. In addition, we show that our proposal can be fruitfully paired with the concept of developmental channeling of a trait, which connects to the study of the plasticity and canalization of complex traits. Finally, we discuss the potential impact of our approach on the assessment, treatment, and social narratives of obesity. (shrink)

The authors argue that their target is orthogonal to the realism and instrumentalist debate. I argue that it is born directly from it. While the distinction is helpful in illuminating how some ontological commitments demand a theory of implementation, it's less clear whether different views cleanly map onto the epistemic and metaphysical uses defined in the paper.

Vaidya & Wallner [2021] have recently formulated the Problem of Modal Epistemic Friction (PMEF) for three of the most discussed accounts in the epistemology of modality: conceivability-based, counterfactual-based and deduction-based accounts. They propose essentialist solutions in all three cases, arguing that all three discussed accounts should be supplemented by a suitable epistemology of essence. In this paper I argue that the PMEF also applies to Roca-Royes’ similarity-based account in the epistemology of modality. I also discuss if or to what (...) extent the version of the PMEF that applies to Roca-Royes can be given an essentialist solution. With regard to this question, I argue that besides the inductivist variant of the similarity-based account that Roca-Royes favors, there might also be an essentialist variant that would be successful in at least some cases. As for Roca-Royes’ inductivist variant I argue that the PMEF ultimately boils down to the notorious Problem of Induction. I shall discuss a popular solution to the Problem of Induction and the role essences might play in it. (shrink)

A proof for P=NP in modal logic. What it takes to simulate all particles in the universe correctly.

Computers may help us to better understand (not just verify) arguments. In this article we defend this claim by showcasing the application of a new, computer-assisted interpretive method to an exemplary natural-language ar- gument with strong ties to metaphysics and religion: E. J. Lowe’s modern variant of St. Anselm’s ontological argument for the existence of God. Our new method, which we call computational hermeneutics, has been particularly conceived for use in interactive-automated proof assistants. It aims at shedding light on (...) the meanings of words and sentences by framing their inferential role in a given argument. By employing automated theorem reasoning technology within interactive proof assistants, we are able to drastically reduce (by several orders of magnitude) the time needed to test the logical validity of an argu- ment’s formalization. As a result, a new approach to logical analysis, inspired by Donald Davidson’s account of radical interpretation, has been enabled. In computational hermeneutics, the utilization of automated reasoning tools ef- fectively boosts our capacity to expose the assumptions we indirectly commit ourselves to every time we engage in rational argumentation and it fosters the explicitation and revision of our concepts and commitments. (shrink)

The significance of and the role played by Knowledge Management (KM) is ever increasing in today's business and organizational decision-making environment. This paper attempts to underline the importance of organizing knowledge not for its own sake, but for its efficient use in organizational decision making. The tremendous explosion of knowledge resources, both electronic and conventional, within the last few decades calls for an understanding of how knowledge is organized for management of data and information. This is so for the reason (...) that they can be proficiently employed to create value and utility. This also calls for a search for 'relevance' in KM with regard to its situated nature in different contexts within which knowledge is situated, and that which nevertheless indirectly refers to its ontological scaffolding. We have devised two simple mathematical models of reference with regard to the design of the systems mostly intended for organizing knowledge in knowledge organizations for its most efficient utilization. The model specifies several unique scenarios aided by discovery of arguments related to its ontological framework within which knowledge is situated. Several contexts were drawn to draw inferences from the research study. The results bear relevance to knowledge managers who make important decisions for realization of organizational goals and objectives. (shrink)

Vere Chappell has pointed out that it is not clear whether Locke has a well-developed ontology or even whether he is entitled to have one.2 Nevertheless, it is clear that Locke believes that there are organisms, and it is clear that he thinks that there are substances. But does he believe that organisms are substances? There are certainly parts of the Essay in which Locke seems unequivocally to state that organisms are substances. For instance, in 2.23.3 Locke uses men and (...) horses as examples of substances. In Locke’s most explicit the account of abstraction, given in 3.3.7-9, organism [vivens] is treated as a sub-species of body and body as a sub-species of substance; so, by transitivity, organism is a kind of substance. Finally, in his discussion of essences in 3.6, Locke uses all of the following organisms as examples of substances: horses, mules, men, sheep, goats, plants, drills, changelings, asses, bulls, cats, and rats. This textual evidence would seem to settle the matter about the ontological status of organisms. However, there are other parts of the Essay in which the ontological status of organisms is less clear, to say the least. In fact, there are texts in which Locke seems to state (or at least to be committed to the.. (shrink)

In this paper, I reconstruct the development and the complex character of Zilsel’s conception of scientific laws. This concept functions as a fil rouge for understanding Zilsel’s philosophy throughout different times (here, the focus is on his Viennese writings and how they pave the way to the more renown American ones) and across his many fields of work (from physics to politics). A good decade before Heisenberg’s uncertainty principle was going to mark the outbreak of indeterminism in quantum physics, Edgar (...) Zilsel started to develop a complex logical-philosophical theory in which statistical and causal laws were given an indeterministic foundation (Zilsel 1916). However, in developing his thoughts on the emergence of regularities from disorder, Zilsel arrives at a profound ambiguity with respect to the ontological or the epistemic nature of laws and order in the world: Whether this order is to be conceived of as an empirical finding or as the product of reason – this would have to remain unclear. This tension between rationalism and empiricism, as well as a tension between a realist and an anti-realist conception of lawfulness, can be identified in both Zilsel’s Viennese and American writings: a tension which touches the core of the “application problem” that would keep haunting Zilsel until his premature death. (shrink)

R&D collaborations between industry, government, civil society, and research ) have recently gained attention from R&D theorists and practitioners. In aiming to come to grips with their complexity, past models have generally taken a stakeholder-analytical approach based on stakeholder types. Yet stakeholder types are difficult to operationalise. We therefore argue that a processual model is more suited for studying the interaction in QHCs because it eschews matters of titles and identities. We develop such a model in which the QHC is (...) represented as a process of generating four types of value: research value, market value, political value, and societal value. We then apply this processual model in analysing real-life cases of friction in QHCs. Friction is seen, not as an interpersonal clash, but as a discrepancy between two or more value-creation processes that compete for limited resources. (shrink)

The objective of this research programme is to contribute to the establishment of the emerging science of Formal Ontology in Information Systems via a collaborative project involving researchers from a range of disciplines including philosophy, logic, computer science, linguistics, and the medical sciences. The re­searchers will work together on the construction of a unified formal ontology, which means: a general framework for the construction of ontological theories in specific domains. The framework will be constructed using the axiomatic-deductive method of (...) modern formal ontology. It will be tested via a series of applications relating to on-going work in Leipzig on medical taxonomies and data dictionaries in the context of clinical trials. This will lead to the production of a domain-specific ontology which is designed to serve as a basis for applications in the medical field. (shrink)

The beauty of Anselm’s ontological argument is, I believe, that no matter how one approaches it, one cannot refute it without making a significant metaphysical assumption, one that is likely to be contentious in its own right. Peter Millican disagrees. He introduces an objection according to which one can refute the argument merely by analysing its shallow logical details, without making any significant metaphysical assumption. He maintains, moreover, that his objection does not depend on a specific reading of the (...) relevant Anselmian text; in fact, Millican claims that his objection is applicable to every version of the ontological argument. In this paper, I argue that millican’s objection does not succeed, because, contrary to what he says, in order to justify his objection he does have to make a deep metaphysical assumption and rely on a specific reading of Anselm’s text. (shrink)

The work of Thomas White represents a systematic attempt to combine the best of the new science of the seventeenth century with the best of Aristotelian tradition. This attempt earned him the criticism of Hobbes and the praise of Leibniz, but today, most of his attempts to navigate between traditions remain to be explored in detail. This paper does so for his ontology of accidents. It argues that his criticism of accidents in the category of location as entities over and (...) above substances was likely aimed at Francisco Suárez, and shows how White’s worries about the analysis of location were linked with his broader cosmological views. White rejects real qualities, but holds that the quantity of a substance is somehow distinct from its bearer. This reveals a common ground with some of his scholastic interlocutors, but lays bare a deep disagreement with thinkers like Descartes on the nature of matter. (shrink)

Düşünce tarihi insan ve insanla ilgili problemlerin tarihidir. Çünkü her bilim ve felsefe anlayışı az ya da çok insanla ilişkilidir. Bununla birlikte insan ve insana ait problemlerin özel ve bağımsız bir disiplinin konusu olması felsefi antropolojinin kurulmasıyla mümkün olmuştur. Bu çalışma, felsefi antropolojide ortaya konulan kimi yaklaşımları eleştiren ve ontolojik temellere dayalı yeni bir antropoloji anlayışı geliştiren Takiyettin Mengüşoğlu’nun görüşlerini ele almaktadır. Bu antropolojik anlayış insanı herhangi bir kavramdan değil, somut biyopisişik bütünlüğünden hareketle incelediğinden, onu varlık koşullarının bütünlüğünde değerlendirme imkânı (...) sağlamaktadır. *** History of thought is history of the human and human’s problems. Because all field of sciences and philosophy have relation greater or less to human. However human and human’s problems are with established of philosophical anthropology has been the subject of a special and independent discipline. This essay deals with Takiyettin Mengüşoğlu’s views who criticizes some approaches asserted in philosophical anthropology and develops a new anthropology based on ontological grounds. This anthropology approach enables to evaluate human in totality of human’s being contestations as not analyzing any conception but his concrete biopsychic wholeness. (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)