Following Kelsen’s influential theory of law, the concept of validity has been used in the literature to refer to different properties of law (such as existence, membership, bindingness, and more), and so it is inherently ambiguous. More importantly, Kelsen’s equivalence between the existence and the validity of law prevents us from accounting satisfactorily for relevant aspects of our current legal practices, such as the phenomenon of “unlawful law.” This chapter addresses this ambiguity to argue that the most important function of (...) the concept of validity is constituting the complex ontological paradigm of modern law as an institutional-normative practice. In this sense, validity is an artificial ontological status that supervenes on that of the existence of legal norms, thus allowing law to regulate its own creation and creating the logical space for the occurrence of “unlawful law.” This function, I argue in the last part, is crucial to understanding the relationship between the ontological and epistemic dimensions of the objectivity of law. Given the necessary practice-independence of legal norms it is the epistemic accessibility of their creation that enables the law to fulfill its general action-guiding (and thus coordinating) function. (shrink)

The Salivaomics Knowledge Base (SKB) is designed to serve as a computational infrastructure that can permit global exploration and utilization of data and information relevant to salivaomics. SKB is created by aligning (1) the saliva biomarker discovery and validation resources at UCLA with (2) the ontology resources developed by the OBO (Open Biomedical Ontologies) Foundry, including a new Saliva Ontology (SALO). We define the Saliva Ontology (SALO; http://www.skb.ucla.edu/SALO/) as a consensus-based controlled vocabulary of terms and relations (...) dedicated to the salivaomics domain and to saliva-related diagnostics following the principles of the OBO (Open Biomedical Ontologies) Foundry. The Saliva Ontology is an ongoing exploratory initiative. The ontology will be used to facilitate salivaomics data retrieval and integration across multiple fields of research together with data analysis and data mining. The ontology will be tested through its ability to serve the annotation ('tagging') of a representative corpus of salivaomics research literature that is to be incorporated into the SKB. Background Saliva (oral fluid) is an emerging biofluid for non-invasive diagnostics used in the detection of human diseases. The need to advance saliva research is strongly emphasized by the National Institute of Dental and Craniofacial Research (NIDCR), and is included in the NIDCR's 2004- 2009 expert panel long-term research agenda [1]. The ability to monitor health status, disease onset, progression, recurrence and treatment outcome through noninvasive means is highly important to advancing health care management. Saliva is a perfect medium to be explored for personalized individual medicine including diagnostics, offering a non-invasive, easy to obtain means for detecting and monitoring diseases. Saliva testing potentially allows the patient to collect their own saliva samples at home, yielding convenience for the patient and savings in health costs, and facilitating multiple sampling. Specimen collection is less objectionable to patients and easier in children and elderly individuals. Due to these advantages. (shrink)

Disputes over territory are a major contributing factor to the disruption of international relations. We believe that a cumulative, integrated, and continuously updated resource providing information about such disputes in an easily accessible form would be of benefit to intelligence analysts, military strategists, political scientists, and also to historians and others concerned with international disputes. We propose an ontology-based strategy for creating such a resource. The resource will contain information about territorial disputes, arguments for and against claims pertaining to (...) sovereignty, proffered evidence for such claims, political and military motives (overt or hidden), and associated conflicts. Our approach is designed to address several issues surrounding the representation of geopolitical conflict, including the tracking and individuation of disputes and the validation of disseminated information. (shrink)

I argue that Descartes intended the so-called ontological "argument" as a self-validating intuition, rather than as a formal proof. The textual evidence for this view is highly compelling, but the strongest support comes from understanding Descartes's diagnosis for why God's existence is not 'immediately' self-evident to everyone and the method of analysis that he develops for making it self-evident. The larger aim of the paper is to use the ontological argument as a case study of Descartes's nonformalist theory of deduction (...) and his method of analysis, showing how he conceives the latter as a form of philosophical therapy. (shrink)

This essay examines how, in the early twentieth century, ontological arguments were employed in the defense of metaphysical idealism. The idealists of the period tended to grant that ontological arguments defy our usual expectations in logic, and so they were less concerned with the formal properties of Anselmian arguments. They insisted, however, that ontological arguments are indispensable, and they argued that we can trust argumentation as such only if we presume that there is a valid ontological argument. In the first (...) section I outline the history of this metalogical interpretation of the ontological argument. In the subsequent sections I explain how Royce and Collingwood each developed the argument, and how this impacted their respective conceptions of both logic and metaphysics. (shrink)

Heidegger and Sartre developed the projects of their fundamental ontologies within the framework of the phenomenological approach. The traditional view of reality is based on dualistic oppositions of ideal and material, spirit and body, reality and possibility, and visibility and essence. It is phenomenology that enables elimination of the above-mentioned dualisms and restoration of the world’s ontological unity on a reliable foundation. Though Sartre’s existentialism was exposed to criticism both from right, and from the left intellectuals, and is not a (...) “fashionable” current at present, and the fundamental ontology of Heidegger was estimated by Levinas as ontology of the power subject-centred line, nevertheless the author considers that attention which is paid in these concepts to such phenomena as the voice of conscience, care and freedom represents the most urgent philosophical value nowadays; the author in this regard points to insufficient validity of modern criticism of approaches of Heidegger and Sartre, in particular–reproaches in a subject-centred line from adherents of “ontology of the Other”. (shrink)

The ontological argument for the existence of God has enjoyed a recent renaissance among philosophers of religion. Alvin Plantinga's modal version is perhaps the most notable example. This essay critically examines Plantinga's rendition, uncovering both its strengths and weaknesses. The author concludes that while the argument is probably formally valid, it is ultimately unsound. Nonetheless, Plantinga's version has generated much interest and discussion. The author spends some time uncovering the reasons for the argument's powerful intuitive appeal. He concludes his essay (...) by appraising Pruss's recent defence of Plantinga's argument. (shrink)

Part I argues that ontological arguments, like other classical proofs of the existence of God, are parts of larger arguments in which they are embedded. These larger arguments include reasons supporting the proofs’ premises and responses to them, and to the proofs’ claims to validity and non-circularity, since, in the final analysis, our assessment of the proofs will express our best judgment of the cumulative force of all the considerations bearing on their overall adequacy. Part II illustrates these points by (...) examining contemporary defences of, and attacks on, one of the ontological argument’s central premises, namely, that God’s existence is logically possible. (shrink)

The singularities from the general relativity resulting by solving Einstein's equations were and still are the subject of many scientific debates: Are there singularities in spacetime, or not? Big Bang was an initial singularity? If singularities exist, what is their ontology? Is the general theory of relativity a theory that has shown its limits in this case? In this essay I argue that there are singularities, and the general theory of relativity, as any other scientific theory at present, is (...) not valid for singularities. But that does not mean, as some scientists think, that it must be regarded as being obsolete. After a brief presentation of the specific aspects of Newtonian classical theory and the special theory of relativity, and a brief presentation of the general theory of relativity, the chapter Ontology of General Relativity presents the ontological aspects of general relativity. The next chapter, Singularities, is dedicated to the presentation of the singularities resulting in general relativity, the specific aspects of the black holes and the event horizon, including the Big Bang debate as original singularity, and arguments for the existence of the singularities. In Singularity Ontology, I am talking about the possibilities of ontological framing of singularities in general and black holes in particular, about the hole argument highlighted by Einstein, and the arguments presented by scientists that there are no singularities and therefore that the general theory of relativity is in deadlock. In Conclusions I outline and summarize briefly the arguments that support my above views. -/- DOI: 10.58679/TW62329. (shrink)

Recent years have seen rapid progress in the development of ontologies as semantic models intended to capture and represent aspects of the real world. There is, however, great variation in the quality of ontologies. If ontologies are to become progressively better in the future, more rigorously developed, and more appropriately compared, then a systematic discipline of ontology evaluation must be created to ensure quality of content and methodology. Systematic methods for ontology evaluation will take into account representation of (...) individual ontologies, performance (in terms of accuracy, domain coverage and the efficiency and quality of automated reasoning using the ontologies) on tasks for which the ontology is designed and used, degree of alignment with other ontologies and their compatibility with automated reasoning. A sound and systematic approach to ontology evaluation is required to transform ontology engineering into a true scientific and engineering discipline. This chapter discusses issues and problems in ontology evaluation, describes some current strategies, and suggests some approaches that might be useful in the future. (shrink)

Ontologies are being used increasingly to promote the reusability of scientific information by allowing heterogeneous data to be integrated under a common, normalized representation. Definitions play a central role in the use of ontologies both by humans and by computers. Textual definitions allow ontologists and data curators to understand the intended meaning of ontology terms and to use these terms in a consistent fashion across contexts. Logical definitions allow machines to check the integrity of ontologies and reason over data (...) annotated with ontology terms to make inferences that promote knowledge discovery. Therefore, it is important not only to include in ontologies multiple types of definitions in both formal and in natural languages, but also to ensure that these definitions meet good quality standards so they are useful. While tools such as Protégé can assist in creating well-formed logical definitions, producing good definitions in a natural language is still to a large extent a matter of human ingenuity supported at best by just a small number of general principles. For lack of more precise guidelines, definition authors are often left to their own personal devices. This paper aims to fill this gap by providing the ontology community with a set of principles and conventions to assist in definition writing, editing, and validation, by drawing on existing definition writing principles and guidelines in lexicography, terminology, and logic. (shrink)

Abstract In light of the complexity of unfolding disasters, the diversity of rapidly evolving events, the enormous amount of generated information, and the huge pool of casualties, emergency responders (ERs) may be overwhelmed and in consequence poor decisions may be made. In fact, the possibility of transporting the wounded victims to one of several hospitals and the dynamic changes in healthcare resource availability make the decision process more complex. To tackle this problem, we propose a multicriteria decision support service, based (...) on the Analytic Hierarchy Process (AHP) method, that aims to avoid overcrowding and outpacing the capacity of a hospital to effectively provide the best care to victims by finding out the most appropriate hospital that meets the victims’ needs. The proposed approach searches for the most appropriate healthcare institution that can effectively deal with the victims’ needs by considering the availability of the needed resources in the hospital, the victim’s wait time to receive the healthcare, and the transfer time that represents the hospital proximity to the disaster site. The evaluation and validation results showed that the assignment of hospitals was done successfully considering the needs of each victim and without overwhelming any single hospital. (shrink)

Revised version of chapter in J. N. Mohanty and W. McKenna (eds.), Husserl’s Phenomenology: A Textbook, Lanham: University Press of America, 1989, 29–67. -/- Logic for Husserl is a science of science, a science of what all sciences have in common in their modes of validation. Thus logic deals with universal laws relating to truth, to deduction, to verification and falsification, and with laws relating to theory as such, and to what makes for theoretical unity, both on the side (...) of the propositions of a theory and on the side of the domain of objects to which these propositions refer. This essay presents a systematic overview of Husserl’s views on these matters as put forward in his Logical Investigations. It shows how Husserl’s theory of linguistic meanings as species of mental acts, his formal ontology of part, whole and dependence, his theory of meaning categories, and his theory of categorial intuition combine with his theory of science to form a single whole. Finally, it explores the ways in which Husserl’s ideas on these matters can be put to use in solving problems in the philosophy of language, logic and mathematics in a way which does justice to the role of mental activity in each of these domains while at the same time avoiding the pitfalls of psychologism. (shrink)

A consumer health information system must be able to comprehend both expert and non-expert medical vocabulary and to map between the two. We describe an ongoing project to create a new lexical database called Medical WordNet (MWN), consisting of medically relevant terms used by and intelligible to non-expert subjects and supplemented by a corpus of natural-language sentences that is designed to provide medically validated contexts for MWN terms. The corpus derives primarily from online health information sources targeted to consumers, and (...) involves two sub-corpora, called Medical FactNet (MFN) and Medical BeliefNet (MBN), respectively. The former consists of statements accredited as true on the basis of a rigorous process of validation, the latter of statements which non-experts believe to be true. We summarize the MWN / MFN / MBN project, and describe some of its applications. (shrink)

What makes a valid argument valid? Generally speaking, in a valid argument, if the premisses are true, then the conclusion must necessarily also be true. But on its own, this doesn’t tell us all that much. What is truth? And what is necessity? In what follows, I consider answers to these questions proposed by the fourteenth century logician John Buridan († ca. 1358). My central claim is that Buridan’s logic is downstream from his metaphysics. Accordingly, I treat his metaphysical discussions (...) as the key to his logic. As has been often noted, Buridan’s metaphysics are radically anti-realist about universals, though I think the depth and scope of his anti-realism has at times been papered over. Buridan constructs his logic on an amazingly spartan ontology, and this accomplishment is overdue for reconsideration. To the foregoing questions: truth is a feature of propositions, and of propositions only—not of proposition-like states of affairs, or anything like that. It is a function of the reference or supposition (suppositio) of their terms, which depends on predication in a propositional context. And necessary truth is grounded in causation: a predication is necessary if it cannot be falsified by any power, natural or supernatural, without ii annihilating what its terms stand for. “Socrates is a human”, for instance, can only be falsified by annihilating Socrates, and so it is a necessary truth. -/- These considerations provide an ample theoretical basis for a thorough examination of Buridan’s modal logic. This is what the thesis culminates with. In the final chapter, I set forth some novel and surprising findings, chief of which is this: Buridan’s modal syntax and semantics are nothing like Kripke’s—and indeed are incompatible with them. This has significant implications not only for modal logic and metaphysics, but for how we think about medieval logic and philosophy more generally. -/- Throughout the thesis, I advocate a methodology of emphasising the differences, rather than the similarities, between past and present thought. Buridan is wildly unlike what we’re used to, and we should let him speak for himself. (shrink)

When the U.S. conducts warfare, elements of a force are drawn from different services and work together as a single team to accomplish an assigned mission. To achieve such unified action, it is necessary that the doctrines governing the actions of members of specific services be both consistent with and subservient to joint Doctrine. Because warfighting today increasingly involves not only live forces but also automated systems, unified action requires that information technology that is used in joint warfare must be (...) aligned with joint doctrine. It requires also that the separate information systems used by the different elements of a joint force must be interoperable, in the sense that data and information that is generated by each element must be usable (understandable, processable) by all the other elements that need them. Currently, such interoperability is impeded by multiple inconsistencies among the different data and software standards used by warfighters. We describe here the on-going project of creating a Joint Doctrine Ontology (JDO), which uses joint doctrine to provide shared computer-accessible content valid for any field of military endeavor, organization, and information system. JDO addresses the two previously mentioned requirements of unified action by providing a widely applicable benchmark for use by developers of information systems that will both guarantee alignment with joint doctrine and support interoperability. (shrink)

The organism is neither a discovery like the circulation of the blood or the glycogenic function of the liver, nor a particular biological theory like epigenesis or preformationism. It is rather a concept which plays a series of roles – sometimes overt, sometimes masked – throughout the history of biology, and frequently in very normative ways, also shifting between the biological and the social. Indeed, it has often been presented as a key-concept in life science and the ‘theorization’ of Life, (...) but conversely has also been the target of influential rejections: as just an instrument of transmission for the selfish gene, but also, historiographically, as part of an outdated ‘vitalism’. Indeed, the organism, perhaps because it is experientially closer to the ‘body’ than to the ‘molecule’, is often the object of quasi-affective theoretical investments presenting it as essential, sometimes even as the pivot of a science or a particular approach to nature, while other approaches reject or attack it with equal force, assimilating it to a mysterious ‘vitalist’ ontology of extra-causal forces, or other pseudo-scientific doctrines. This paper does not seek to adjudicate between these debates, either in terms of scientific validity or historical coherence; nor does it return to the well-studied issue of the organism-mechanism tension in biology. Recent scholarship has begun to focus on the emergence and transformation of the concept of organism, but has not emphasized so much the way in which organism is a shifting, ‘go-between’ concept – invoked as ‘natural’ by some thinkers to justify their metaphysics, but then presented as value-laden by others, over and against the natural world. The organism as go-between concept is also a hybrid, a boundary concept or an epistemic limit case, all of which partly overlap with the idea of ‘nomadic concepts’. Thereby the concept of organism continues to function in different contexts – as a heuristic, an explanatory challenge, a model of order, of regulation, etc. – despite having frequently been pronounced irrelevant and reduced to molecules or genes. Yet this perpetuation is far removed from any ‘metaphysics of organism’, or organismic biology. (shrink)

The objective of the research was to check whether False Consensus Effect (FCE), shown in much research,is also valid for ontological decisions. Test participants, faced with an ontological dilemma, made a choice three times,which of the 3 item set (Cracow City, Me myself, the Universe) refers to something most real. The research conducted first among psychology students (N=116), then replicated on mathematics students (N=126) and middle-aged people (N=106). Results: 1) All groups chose the Universe most seldom (4%-11% subjects), the remaining (...) two “objects” were chosen with similar frequency, 2) FCE occurred in all groups and in reference to each choice, 3) with people who made inconsequent choices (16% of test participants), FCE was notably higher (p <.001) in comparison to people making consequent choices,4)FCE with inconsequent people turned out to be higher (p <.01) even in comparison with “the smallest minority”, people who (consequently) chose the Universe. (shrink)

Kant maintains that the only thing that is good in itself, and therefore good without limitation or qualification, is a good will. This is an objectionable claim in support of a controversial position. The problem is not just that the good will is not the only thing that is good in itself, which indeed it is not, but more importantly, that the good will is not so much a thing that is good in itself as it is the good kind (...) of a thing that is otherwise neither good nor bad in itself. The goodness of a good will is no more intrinsic than the goodness of a good act, good outcome, good attitude, good character, or good person. Nor is it even any more so than something as commonplace as a good laugh or a good cup of coffee. A good will, whatever else it may be, is a will that is good, much like how a good act is an act that is good, a good outcome is an outcome that is good, and so on with the other examples, not one of which is good for any reason other than the goodness predicated of the corresponding subject. This paper thus challenges Kant’s position on ontological grounds. It questions the validity of claiming intrinsic goodness for a complex construct whose goodness is, in fact, extrinsic to its substance. The objection is not that the good will might not turn out to be good after all, which is impossible by definition, designation, or stipulation, but that its goodness is axiomatic and derivative rather than intrinsic or fundamental. (shrink)

The Aristotelian notion of friendship is a relatively under-discussed aspect of Aristotle's body of work. This particular concept involves the classification of the types of friendships, which carries some ethical implications. The aim of this article is to meticulously and appropriately expand upon the classification system proposed by Aristotle in order to include all other kinds of relationships. Thus, the Aristotelian concept of friendship will be thoroughly examined and expanded upon in this paper. The present discourse initiates with a discussion (...) on the necessary and sufficient conditions required to qualify a social state as a relation. Aristotle's initial categories of friendship are clarified and validated onto relationships. The classification of a relation is established upon the foundational emotion, thereby enabling the identification of three distinct classes of relations. The amalgamation of each class with each type of relation culminates in a total of nine feasible relations. Ergo, a relationship can be ascribed as a composite of these nine relations. We shall delve into the substantiating argument for the assertion that any relationship can be exhaustively described as a composite of the nine relations. The discourse thoroughly examines and explicates the levels of relations and levels of its subjects, which significantly facilitate the identification and classification of the nature of any given relationship. Thus, this paper is a case for an Aristotelian ontology of relationships. (shrink)

Biological ontologies are used to organize, curate, and interpret the vast quantities of data arising from biological experiments. While this works well when using a single ontology, integrating multiple ontologies can be problematic, as they are developed independently, which can lead to incompatibilities. The Open Biological and Biomedical Ontologies Foundry was created to address this by facilitating the development, harmonization, application, and sharing of ontologies, guided by a set of overarching principles. One challenge in reaching these goals was that (...) the OBO principles were not originally encoded in a precise fashion, and interpretation was subjective. Here we show how we have addressed this by formally encoding the OBO principles as operational rules and implementing a suite of automated validation checks and a dashboard for objectively evaluating each ontology’s compliance with each principle. This entailed a substantial effort to curate metadata across all ontologies and to coordinate with individual stakeholders. We have applied these checks across the full OBO suite of ontologies, revealing areas where individual ontologies require changes to conform to our principles. Our work demonstrates how a sizable federated community can be organized and evaluated on objective criteria that help improve overall quality and interoperability, which is vital for the sustenance of the OBO project and towards the overall goals of making data FAIR. Competing Interest StatementThe authors have declared no competing interest. (shrink)

If SNOMED CT is to serve as a biomedical reference terminology, then steps must be taken to ensure comparability of information formulated using successive versions. New releases are therefore shipped with a history mechanism. We assessed the adequacy of this mechanism for its treatment of the distinction between changes occurring on the side of entities in reality and changes in our understanding thereof. We found that these two types are only partially distinguished and that a more detailed study is required (...) to propose clear recommendations for enhancement along at least the following lines: (1) explicit representation of the provenance of a class; (2) separation of the time-period during which a component is stated valid in SNOMED CT from the period it is (or has been) valid in reality, and (3) redesign of the historical relationships table to give users better assistance for recovery in case of introduced mistakes. (shrink)

We discuss recent progress in the development of cognitive ontologies and summarize three challenges in the coordinated development and application of these resources. Challenge 1 is to adopt a standardized definition for cognitive processes. We describe three possibilities and recommend one that is consistent with the standard view in cognitive and biomedical sciences. Challenge 2 is harmonization. Gaps and conflicts in representation must be resolved so that these resources can be combined for mark-up and interpretation of multi-modal data. Finally, Challenge (...) 3 is to test the utility of these resources for large-scale annotation of data, search and query, and knowledge discovery and integration. As term definitions are tested and revised, harmonization should enable coordinated updates across ontologies. However, the true test of these definitions will be in their community-wide adoption which will test whether they support valid inferences about psychological and neuroscientific data. (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)

In the Netherlands and Belgium, it is lawful for voluntary euthanasia to be offered on the grounds of psychiatric suffering. A recent case that has sparked much debate is that of Aurelia Brouwers, who was helped to die in the Netherlands on account of her suffering from borderline personality disorder. It is sometimes claimed that whether or not a mentally ill person’s wish to die is valid hinges on whether or not that wish is a symptom of the person’s mental (...) disorder. This article addresses the philosophical problems raised by this claim, with a specific focus on the diagnosis of borderline personality disorder. After considering descriptivist and causal conceptualizations of mental disorder, I argue that the current approach to borderline personality disorder in psychiatry precludes the possibility of dissociating the wish to die from the disorder. I then examine the implications of this analysis for the question of whether or not the request for voluntary euthanasia in the case of borderline personality disorder can be considered valid. Ultimately, I conclude that the inability to dissociate the wish to die from the disorder does not invalidate the wish in the case of borderline personality disorder. (shrink)

Mental health research faces a suite of unresolved challenges that have contributed to a stagnation of research efforts and treatment innovation. One such challenge is how to reliably and validly account for the subjective side of patient symptomatology, that is, the patient’s inner experiences or patient phenomenology. Providing a structured, standardised semantics for patient phenomenology would enable future research in novel directions. In this contribution, we aim at initiating a standardized approach to patient phenomenology by sketching a tentative formalisation within (...) the framework of an applied ontology, in the broader context of existing open-source Open Biomedical Ontologies resources such as the Mental Functioning Ontology. We further discuss a number of prevailing challenges and observations bearing on this task. (shrink)

In this study, I reconstruct and compare Alain Badiou’sBeing and Event(2005) and Graham Priest’sOne(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’sParmenidesas 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 uponthe voidandemptinessrespectively, 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)

This paper puts Searle’s social ontology together with an understanding of the human person as inclined openly toward the truth. Institutions and their deontology are constituted by collective Declarative beliefs, guaranteeing mind-world adequation. As this paper argues, often they are constituted also by collective Assertive beliefs that justify (rather than validate intrainstitutionally) institutional facts. A special type of Status Function-creating ‘Assertive Declarative’ belief is introduced, described, and used to shore up Searle’s account against two objections: that, as based on (...) collective acceptance, Searlean social ontology cannot make sense of dissenters, and that it, as its deontology is all game-like, implies a legal positivism and thus cannot make proper sense of the moral import of sociopolitical institutions. This change is necessary to deepen social ontology’s understanding of human societies and to accurately describe many social, religious, and political institutions as constituted from the perspectives of participants and dissidents. (shrink)

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)

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)

Since the time of Aristotle's students, interpreters have considered Prior Analytics to be a treatise about deductive reasoning, more generally, about methods of determining the validity and invalidity of premise-conclusion arguments. People studied Prior Analytics in order to learn more about deductive reasoning and to improve their own reasoning skills. These interpreters understood Aristotle to be focusing on two epistemic processes: first, the process of establishing knowledge that a conclusion follows necessarily from a set of premises (that is, on the (...) epistemic process of extracting information implicit in explicitly given information) and, second, the process of establishing knowledge that a conclusion does not follow. Despite the overwhelming tendency to interpret the syllogistic as formal epistemology, it was not until the early 1970s that it occurred to anyone to think that Aristotle may have developed a theory of deductive reasoning with a well worked-out system of deductions comparable in rigor and precision with systems such as propositional logic or equational logic familiar from mathematical logic. When modern logicians in the 1920s and 1930s first turned their attention to the problem of understanding Aristotle's contribution to logic in modern terms, they were guided both by the Frege-Russell conception of logic as formal ontology and at the same time by a desire to protect Aristotle from possible charges of psychologism. They thought they saw Aristotle applying the informal axiomatic method to formal ontology, not as making the first steps into formal epistemology. They did not notice Aristotle's description of deductive reasoning. Ironically, the formal axiomatic method (in which one explicitly presents not merely the substantive axioms but also the deductive processes used to derive theorems from the axioms) is incipient in Aristotle's presentation. Partly in opposition to the axiomatic, ontically-oriented approach to Aristotle's logic and partly as a result of attempting to increase the degree of fit between interpretation and text, logicians in the 1970s working independently came to remarkably similar conclusions to the effect that Aristotle indeed had produced the first system of formal deductions. They concluded that Aristotle had analyzed the process of deduction and that his achievement included a semantically complete system of natural deductions including both direct and indirect deductions. Where the interpretations of the 1920s and 1930s attribute to Aristotle a system of propositions organized deductively, the interpretations of the 1970s attribute to Aristotle a system of deductions, or extended deductive discourses, organized epistemically. The logicians of the 1920s and 1930s take Aristotle to be deducing laws of logic from axiomatic origins; the logicians of the 1970s take Aristotle to be describing the process of deduction and in particular to be describing deductions themselves, both those deductions that are proofs based on axiomatic premises and those deductions that, though deductively cogent, do not establish the truth of the conclusion but only that the conclusion is implied by the premise-set. Thus, two very different and opposed interpretations had emerged, interestingly both products of modern logicians equipped with the theoretical apparatus of mathematical logic. The issue at stake between these two interpretations is the historical question of Aristotle's place in the history of logic and of his orientation in philosophy of logic. This paper affirms Aristotle's place as the founder of logic taken as formal epistemology, including the study of deductive reasoning. A by-product of this study of Aristotle's accomplishments in logic is a clarification of a distinction implicit in discourses among logicians--that between logic as formal ontology and logic as formal epistemology. (shrink)

PLEASE NOTE: This is the corrected 2nd eBook edition, 2021. ●●●●● _Critique of Impure Reason_ has now also been published in a printed edition. To reduce the otherwise high price of this scholarly, technical book of nearly 900 pages and make it more widely available beyond university libraries to individual readers, the non-profit publisher and the author have agreed to issue the printed edition at cost. ●●●●● The printed edition was released on September 1, 2021 and is now available through (...) all booksellers, including Barnes & Noble, Amazon, and brick-and-mortar bookstores under ISBN 978-0-578-88646-6. ●●●●● In light of the length of this book, readers who would like to have a more detailed description of the book's objectives and method may find it helpful to read the detailed and clearly written Wikipedia entry about this work: From the Wikipedia search page, use the search phrase "Critique of Impure Reason". At least at the time of this writing (11/29/2021), the Wikipedia entry is well-researched and accurate. ●●●●● In addition, a "Primer on Bartlett's CRITIQUE OF IMPURE REASON" has been made available by the author. It is available under its title through PhilPapers and other philosophy online archives. ●●●●● COMMENDATIONS OF THIS WORK, from the back cover of the published edition: ●●●●● “I admire its range of philosophical vision.” – Nicholas Rescher, Distinguished University Professor of Philosophy, University of Pittsburgh, author of more than 100 books. ●●●●● “Bartlett’s _Critique of Impure Reason_ is an impressive, bold, and ambitious work. Careful scholarship is balanced by original analyses that lead the reader to recognize the limits of meaning, knowledge, and conceptual possibility. The work addresses a host of traditional philosophical problems, among them the nature of space, time, causality, consciousness, the self, other minds, ontology, free will and determinism, and others. The book culminates in a fascinating and profound new understanding of relativity physics and quantum theory.” – Gerhard Preyer, Professor of Philosophy, Goethe-University, Frankfurt am Main, Germany, author of many books including _Concepts of Meaning_, _Beyond Semantics and Pragmatics_, _Intention and Practical Thought_, and _Contextualism in Philosophy_. ●●●●● “[This work’s] goal is of a unique and difficult species: Dr. Bartlett seeks to develop a formal logical calculus on the basis of transcendental philosophical arguments; in fact, he hopes that this calculus will be the formal expression of the transcendental foundation of knowledge.... I consider Dr. Bartlett’s work soundly conceived and executed with great skill.” – C. F. von Weizsäcker, philosopher and physicist, former Director, Max-Planck-Institute, Starnberg, Germany. ●●●●● “Bartlett has written an American “Prolegomena to All Future Metaphysics.” He aims rigorously to eliminate meaningless assertions, reach bedrock, and place philosophy on a firm foundation that will enable it, like science and mathematics, to produce lasting results that generations to come can build on. This is a great book, the fruit of a lifetime of research and reflection, and it deserves serious attention.” — Martin X. Moleski, former Professor, Canisius College, Buffalo, NY, studies of scientific method, the presuppositions of thought, and the self-referential nature of epistemology. ●●●●● “Bartlett has written a book on what might be called the underpinnings of philosophy. It has fascinating depth and breadth, and is all the more striking due to its unifying perspective based on the concepts of reference and self-reference.” – Don Perlis, Professor of Computer Science, University of Maryland, author of numerous publications on self-adjusting autonomous systems and philosophical issues concerning self-reference, mind, and consciousness. ●●●●● ●●●●● The _Critique of Impure Reason: Horizons of Possibility and Meaning_ comprises a major and important contribution to philosophy. Thanks to the generosity of its publisher, this massive 885-page volume has been published as a free open access eBook (3.75MB) as well as an open access printed edition. It inaugurates a revolutionary paradigm shift in philosophical thought by providing compelling and long-sought-for solutions to a wide range of philosophical problems. In the process, the work fundamentally transforms the way in which the concepts of reference, meaning, and possibility are understood. The book includes a Foreword by the celebrated German philosopher and physicist Carl Friedrich von Weizsäcker. ●●●●● In Kant’s _Critique of Pure Reason_ we find an analysis of the preconditions of experience and of knowledge. In contrast, but yet in parallel, the new _Critique_ focuses upon the ways—unfortunately very widespread and often unselfconsciously habitual—in which many of the concepts that we employ _conflict_ with the very preconditions of meaning and of knowledge. ●●●●● This is a book about the boundaries of frameworks and about the unrecognized conceptual confusions in which we become entangled when we attempt to transgress beyond the limits of the possible and meaningful. We tend either not to recognize or not to accept that we all-too-often attempt to trespass beyond the boundaries of the frameworks that make knowledge possible and the world meaningful. ●●●●● The _Critique of Impure Reason_ proposes a bold, ground-breaking, and startling thesis: that a great many of the major philosophical problems of the past can be solved through the recognition of a viciously deceptive form of thinking to which philosophers as well as non-philosophers commonly fall victim. For the first time, the book advances and justifies the criticism that a substantial number of the questions that have occupied philosophers fall into the category of “impure reason,” violating the very conditions of their possible meaningfulness. ●●●●● The purpose of the study is twofold: first, to enable us to recognize the boundaries of what is referentially forbidden—the limits beyond which reference becomes meaningless—and second, to avoid falling victims to a certain broad class of conceptual confusions that lie at the heart of many major philosophical problems. As a consequence, the boundaries of _possible meaning_ are determined. ●●●●● Bartlett, the author or editor of more than 20 books, is responsible for identifying this widespread and delusion-inducing variety of error, _metalogical projection_. It is a previously unrecognized and insidious form of erroneous thinking that undermines its own possibility of meaning. It comes about as a result of the pervasive human compulsion to seek to transcend the limits of possible reference and meaning. ●●●●● Based on original research and rigorous analysis combined with extensive scholarship, the _Critique of Impure Reason_ develops a self-validating method that makes it possible to recognize, correct, and eliminate this major and pervasive form of fallacious thinking. In so doing, the book provides at last provable and constructive solutions to a wide range of major philosophical problems. ●●●●● CONTENTS AT A GLANCE ▪▪▪▪▪ Preface ▪▪▪▪▪ Foreword by Carl Friedrich von Weizsäcker ▪▪▪▪▪ Acknowledgments ▪▪▪▪▪ Avant-propos: A philosopher’s rallying call ▪▪▪▪▪ Introduction ▪▪▪▪▪ A note to the reader ▪▪▪▪▪ A note on conventions ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART I ▪▪▪▪▪ ▪▪▪▪▪ WHY PHILOSOPHY HAS MADE NO PROGRESS AND HOW IT CAN ▪▪▪▪▪ 1 Philosophical-psychological prelude ▪▪▪▪▪ 2 Putting belief in its place: Its psychology and a needed polemic ▪▪▪▪▪ 3 Turning away from the linguistic turn: From theory of reference to metalogic of reference ▪▪▪▪▪ 4 The stepladder to maximum theoretical generality ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART II ▪▪▪▪▪ THE METALOGIC OF REFERENCE ▪▪▪▪▪ A New Approach to Deductive, Transcendental Philosophy ▪▪▪▪▪ 5 Reference, identity, and identification ▪▪▪▪▪ 6 Self-referential argument and the metalogic of reference ▪▪▪▪▪ 7 Possibility theory ▪▪▪▪▪ 8 Presupposition logic, reference, and identification ▪▪▪▪▪ 9 Transcendental argumentation and the metalogic of reference ▪▪▪▪▪ 10 Framework relativity ▪▪▪▪▪ 11 The metalogic of meaning ▪▪▪▪▪ 12 The problem of putative meaning and the logic of meaninglessness ▪▪▪▪▪ 13 Projection ▪▪▪▪▪ 14 Horizons ▪▪▪▪▪ 15 De-projection ▪▪▪▪▪ 16 Self-validation ▪▪▪▪▪ 17 Rationality: Rules of admissibility ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART III ▪▪▪▪▪ PHILOSOPHICAL APPLICATIONS OF THE METALOGIC OF REFERENCE ▪▪▪▪▪ Major Problems and Questions of Philosophy and the Philosophy of Science ▪▪▪▪▪ 18 Ontology and the metalogic of reference ▪▪▪▪▪ 19 Discovery or invention in general problem-solving, mathematics, and physics ▪▪▪▪▪ 20 The conceptually unreachable: “The far side” ▪▪▪▪▪ 21 The projections of the external world, things-in-themselves, other minds, realism, and idealism ▪▪▪▪▪ 22 The projections of time, space, and space-time ▪▪▪▪▪ 23 The projections of causality, determinism, and free will ▪▪▪▪▪ 24 Projections of the self and of solipsism ▪▪▪▪▪ 25 Non-relational, agentless reference and referential fields ▪▪▪▪▪ 26 Relativity physics as seen through the lens of the metalogic of reference ▪▪▪▪▪ 27 Quantum theory as seen through the lens of the metalogic of reference ▪▪▪▪▪ 28 Epistemological lessons learned from and applicable to relativity physics and quantum theory ▪▪▪▪▪ ▪▪▪▪▪ PART IV ▪▪▪▪▪ HORIZONS ▪▪▪▪▪ 29 Beyond belief ▪▪▪▪▪ 30 _Critique of Impure Reason_: Its results in retrospect ▪▪▪▪▪ ▪▪▪▪▪ SUPPLEMENT ▪▪▪▪▪ The Formal Structure of the Metalogic of Reference ▪▪▪▪▪ APPENDIX I ▪▪▪▪▪ The Concept of Horizon in the Work of Other Philosophers ▪▪▪▪▪ APPENDIX II ▪▪▪▪▪ Epistemological Intelligence ▪▪▪▪▪ References ▪▪▪▪▪ Index ▪▪▪▪▪ About the author. 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Prior Analytics by the Greek philosopher Aristotle (384 – 322 BCE) and Laws of Thought by the English mathematician George Boole (1815 – 1864) are the two most important surviving original logical works from before the advent of modern logic. This article has a single goal: to compare Aristotle’s system with the system that Boole constructed over twenty-two centuries later intending to extend and perfect what Aristotle had started. This comparison merits an article itself. Accordingly, this article does not discuss (...) many other historically and philosophically important aspects of Boole’s book, e.g. his confused attempt to apply differential calculus to logic, his misguided effort to make his system of ‘class logic’ serve as a kind of ‘truth-functional logic’, his now almost forgotten foray into probability theory, or his blindness to the fact that a truth-functional combination of equations that follows from a given truth-functional combination of equations need not follow truth-functionally. One of the main conclusions is that Boole’s contribution widened logic and changed its nature to such an extent that he fully deserves to share with Aristotle the status of being a founding figure in logic. By setting forth in clear and systematic fashion the basic methods for establishing validity and for establishing invalidity, Aristotle became the founder of logic as formal epistemology. By making the first unmistakable steps toward opening logic to the study of ‘laws of thought’—tautologies and laws such as excluded middle and non-contradiction—Boole became the founder of logic as formal ontology. (shrink)

The Joint Battle Management Language (JBML) is an XML-based language designed to allow Command and Control (C2) systems to interface easily with Modeling and Simulation (M&S) systems. While some of the XML-tags defined in this language correspond to types of entities that exist in reality, others are mere syntactic artifacts used to structure the messages themselves. Because these two kinds of tags are not formally distinguishable, JBML messages in effect confuse data with what the data represent. In this paper we (...) show how a realism-based ontology combined with a rule language can be used to make these distinctions explicit. The approach allows storage of the contents of JBML messages in a Referent Tracking System in a format that mimics the structure of reality thereby providing an aid to message validation. (shrink)

ABSTRACT The philosophical tradition approaches to morals have their grounds predominantly on metaphysical and theological concepts and theories. Among the traditional ethics concepts, the most prominent is the Divine Command Theory (DCT). As per the DCT, God gives moral foundations to the humankind by its creation and through Revelation. Morality and Divinity are inseparable since the most remote civilization. These concepts submerge in a theological framework and are largely accepted by most followers of the three Abrahamic traditions: Judaism, Christianity, and (...) Islam: the greatest part of the human population. Holding faith and Revelation for its grounds, the Divine Command Theories are not strictly subject to the demonstration. The opponents to the Divine Command conception of morals, grounded in the impossibility of demonstration of its metaphysical and religious assumptions, have tried for many centuries (albeit unsuccessfully) to devalue its importance. They held the argument that it does not show material evidence and logical coherence and, for this reason, cannot be taken into account for scientific nor philosophical purposes. It is just a belief and, as so, should be understood. Besides these extreme oppositions, many other concepts contravene the Divine Command theories, in one or another way, in part or in full. Many philosophers and social scientists, from the classic Greek philosophy up to the present date, for instance, sustain that morality is only a construct, and thus culturally relative and culturally determined. However, this brings many other discussions and imposes the challenge to determine what is the meaning of culture, which elements of culture are morally determinant, and finally, what are the boundaries of such relativity. Moral determinists claim that everything related to human behavior, including morality, is determined, once free will does not exist. More recently, modern thinkers argued that there is a strict science of morality. However, the scientific method alone, despite explaining several facts and evidence, cannot enlighten the entire content and full meaning of ethics. Morals’ understanding requires a broader perception, and an agreement among philosophers, which they have never achieved. All of these questions have many different configurations depending on each philosophical strand, and start complex analysis and endless debates, as long as many of them are reciprocally conflictive. The universe and the atmosphere involving this thesis are the dominions of all these conceptual conflicts, observed from an objective and evolutionary standpoint. Irrespective of this circumstance and its intrinsic importance, however, these questions are far distant from the methodological approach of an analytical discussion on objective morals, what is, indeed, the aim and scope of this work. We should briefly revisit these prominent traditional theories because this thesis shelters a comparative study, and its assumptions at least differ profoundly from all traditional theories. Therefore, it becomes necessary offering direct and specific elements of comparison to the reader, for the right criticism, dispensing interruptive researches. However, even revisiting the traditional theories, for this comparative and critical exposure purpose, they will be kept by the side of our main concerns, as “aliena materia.” Irrespective of the validity of any or all of the elements of this discussion, and their meaning as the philosophical universe of this thesis, the purpose of this work is demonstrating and justifying the existence and meaning of prehistoric moral archetypes arisen directly from the very first social needs and efforts for survival. These archetypes are the definition of the essential foundation of ethics, its aggregation to the collective unconscious and corresponding logic organization and transmission to evolutionary stages of the human genome and different relations space-time, irrespective of any contemporary experience of the individuals. The system defined by these archetypes composes an evolutionary human social model. Is this a metaethical position? Yes, it is. Moreover, as in any metaethical reasoning, we should look carefully for the best and coherent routes, as the Analytical Philosophy offers them. Thus, this work should reasonably demonstrate that morals are not a cultural product of the civilized men or modern societies and that despite being subject to several cultural relative aggregations and subtractions, its essential foundations are archetypal and have never structurally changed. This reasoning induces that morality is an original attribute of the “homo sapiens”; it is not a property and nor an accident: it integrates the human essence and belongs to the realm of the ontological human identity. The human phenomena is a continuing process, playing its role between random determination and free will, and we need to question how morality began and how did it come to us in the present. (shrink)

Famous examples of conceivability arguments include (i) Descartes’ argument for mind-body dualism, (ii) Kripke's ‘modal argument’ against psychophysical identity theory, (iii) Chalmers’ ‘zombie argument’ against materialism, and (iv) modal versions of the ontological argument for theism. In this paper, we show that for any such conceivability argument, C, there is a corresponding ‘mirror argument’, M. M is deductively valid and has a conclusion that contradicts C's conclusion. Hence, a proponent of C—henceforth, a ‘conceivabilist’—can be warranted in holding that C's premises (...) are conjointly true only if she can find fault with one of M's premises. But M's premises are modelled on a pair of C's premises. The same reasoning that supports the latter supports the former. For this reason, a conceivabilist can repudiate M's premises only on pain of severely undermining C's premises. We conclude on this basis that all conceivability arguments, including each of (i)–(iv), are fallacious. (shrink)

In his essay Tracy Lupher (henceforth, TL) is concerned with Robert Kane's (1984) version of the modal ontological argument (MOA). As he correctly points out, Kane's argument is valid only if the accessibility relation between possible worlds is assumed to be symmetric. TL's remarks pave the way to thinking that the MOA is intended to establish the existence of a perfect being as a matter of logical necessity. Moreover, given TL's undisputed supposition (even shared by Kane) that S5 - in (...) which the accessibility relation is symmetric - captures the notion of logical necessity, the real issue becomes whether the premise of the MOA is true. Contrary to TL's main claim, the discussion thus shifts back from technical arguments for why the appropriate modal logic must have a symmetric accessibility relation to metaphysical, theological, or conceptual considerations about the notion of a perfect being itself. I argue that it is only due to such considerations that we even start to ponder the question of what modal logic is the appropriate one to choose. (shrink)

We discuss recent progress in the development of cognitive ontologies and summarize three challenges in the coordinated development and application of these resources. Challenge 1 is to adopt a standardized definition for cognitive processes. We describe three possibilities and recommend one that is consistent with the standard view in cognitive and biomedical sciences. Challenge 2 is harmonization. Gaps and conflicts in representation must be resolved so that these resources can be combined for mark-up and interpretation of multi-modal data. Finally, Challenge (...) 3 is to test the utility of these resources for large-scale annotation of data, search and query, and knowledge discovery and integration. As term definitions are tested and revised, harmonization should enable coordinated updates across ontologies. However, the true test of these definitions will be in their community-wide adoption which will test whether they support valid inferences about psychological and neuroscientific data. (shrink)

The present essay advances a theory of social reality which concurs with the formal ontology developed in Wittgenstein’s Tractatus. Furthermore, we identify this formal ontology as reistic but in a rather wide sense: in the sense that social objects are primary whereas social relations are super-structured over them. This thesis has been developed in opposition to John Searle’s claim, made in his book Construction of Social Reality (1995), that the building blocks of social reality are institutions. We do (...) not claim that this is the only valid theory of social reality. We simply hope that it has considerable ex-planatory power so that it can be used as a theory alternative to those already existing or to any new theory of society. The paper has two parts. Part One sets out the theoretical foundations of the approach followed in it, whereas Part Two advances details of its application to sociology and history. (shrink)

Thinking of problems of aesthetics has a long and strong tradition in Austrian Philosophy. It starts with Bernard Bolzano (1781-1848); it is famously represented by the critic and musicologist Eduard Hanslick (1825-1904); and it is continued within the school of Alexius Meinong (1853-1920), in particular by Christian von Ehrenfels (1859-1932) and Stephan Witasek (1870-1915). Nowadays the aesthetic writings of Bolzano, Ehrenfels, and Witasek are hardly known, particularly not in the Anglo-Saxon world. Austrian aesthetics is surely less known than Austrian contributions (...) to other philosophical disciplines, like ontology, epistemology or philosophy of science. One of the aims of this paper is to show that this is both regrettable and unjustified for the following reasons: Austrian aestheticians have dealt with a number of problems (mainly concerning the foundations of aesthetics) that are salient until today; in terms of subtlety and depth as well as exactness and originality, in general, they easily stand comparison with today's analytic aesthetics; and many of there views and arguments are still worthy of consideration. In this paper, the focus is on a number of hardly known Austrian contributions to aesthetics. These contributions concern the following, partly interrelated, central problems of philosophical aesthetics: i. The problem of the definition of beauty (What is beauty? What does it mean to say of an object that it is beautiful?) ii. The problem of the ontological status of works of art (What kinds of objects are works of art?) iii. The problem of the objectivity of aesthetic values (Do we claim objective validity for aesthetic value judgements, and if so, is this claim justified?) The answers of Bolzano, Meinong, Witasek and Ehrenfels to these questions will be considered. (shrink)

During the last few decades, the historical turn within the tradition of the analytic tradition has experienced growing enthusiasm concerning the procedure of rational reconstruction, whose validity or importance, despite its paradigmatic examples in Frege and Russell, has not always enjoyed a consensus. Among the analytic philosophers who are the frontrunners of this movement, Robert Brandom is one of a kind: his work on Hegel as well as on German Idealism has been increasing interest in, as well as awareness of, (...) Hegel´s possible contributions to some current problems in that tradition, and connecting Hegel scholars to current questions. Thus, this work aims to explore Brandom´s methodology of rational reconstruction, as well as his dialogue with history of Philosophy, mainly exposed in his Tales of the mighty dead (2002). As we will see, Brandom´s distinction between a de dicto and a de re approach intends to present a way of identifying and analyzing a given philosopher´s theoretical (hidden) commitments that can be useful to improve the quality of the dialogue with past philosophers. From such methodological exposition, I to turn to Kierkegaard in order to make explicit some of his ontological commitments and presenting Brandom’s approach as a valuable tool for doing history of philosophy. (shrink)

The work provides comprehensively definitive, unconditional proofs of Riemann's hypothesis, Goldbach's conjecture, the 'twin primes' conjecture, the Collatz conjecture, the Newcomb-Benford theorem, and the Quine-Putnam Indispensability thesis. The proofs validate holonomic metamathematics, meta-ontology, new number theory, new proof theory, new philosophy of logic, and unconditional disproof of the P/NP problem. The proofs, metatheory, and definitions are also confirmed and verified with graphic proof of intrinsic enabling and sustaining principles of reality.

Platonists affirm the existence of abstract mathematical objects, and Nominalists deny the existence of abstract mathematical objects. While there are standard arguments in favor of Nominalism, these arguments fail to account for the necessity of Nominalism. Furthermore, these arguments do nothing to explain why Nominalism is true. They only point to certain theoretical vices that might befall the Platonist. The goal of this paper is to formulate and defend a simple, valid argument for the necessity of Nominalism that seeks to (...) precisify the widespread intuition that mathematical objects are somehow ‘spooky’ or ‘mysterious’. (shrink)

The assumption that wholes have properties, specifically causally efficacious properties, which the sum of its parts seem to lack, lends support to the argument that wholes are something more than the sum of their parts. The properties of the whole are taken to be the result of the particular arrangement of the whole’s parts. The rearrangement of parts makes new properties emerge for a particular whole. This creates hierarchical ontological levels of properties in an object. My purpose in this paper (...) will be to undermine the preceding lines of thought as valid support for wholes being “over and above” the sums of their parts. I begin by pointing out that the costs of a theory where arrangement entails new, unique and distinct properties for a whole carry two unattractive commitments: a reliance on a scientifically disproved version of early Emergentism and causal redundancy. I, then, present an alternative theory to explain the relationship between the properties of wholes and arrangement: my contention will be that the properties that we attribute to wholes are actually the manifestation of preexisting, but heretofore unmanifested, properties of parts, which manifest only when a specific part comes in contact with another specific part in a particular arrangement. I argue that the properties of a part are all we need to give a complete account for the properties of a whole. (shrink)

Plato’s dialogue Parmenides contains the infamous ontological bombshell, the so-called Third Man argument. This argument involves a reductio criticism of the forms, arguing that the reductio premise – roughly, ‘there cannot be any ontological interpenetration between the One and the many’ – is false. The argument intimates that the only way for thought to move beyond the forms is to accept the ‘impossible’ object, the nonsensical One-and-many. This article calls any ontology which accepts this Third Man argument and attempts (...) to answer it on its own terms, ‘material dialectic’. The high-profile debate between John Milbank and Slavoj Žižek in The Monstrosity of Christ brings the relevance of this dialectic into stark relief. Both authors accept the material dialectic and mobilise it toward competing christological theses. Yet it is important to navigate the Third Man argument in such a way as to keep a dyophysite Christology in order to satisfy orthodox theological pressures. I will therefore advance two conclusions: first, that the material dialectic is a valid analytical project; and second, that neither Milbank nor Žižek espouses an orthodox Christology: Milbank’s is monophysite while Žižek’s is patripassian. Following Milbank, I will call the final (dyophysite) corrective the ‘Catholic Žižek’ – only, contra Milbank, it will be the real Catholic Žižek. (shrink)

A reflection on the merits of an a priori poeto-epistemology in relation to tacitly held assumptions about the a fortiori validity of computational logic to transcend the limits of contradiction and infinite regression and establish a valid ontology.

What is the role of the principle of sufficient reason in Baruch Spinoza’s ontological proof for God’s existence? Is this role identical within Spinoza’s early work on method, the Treatise on the Emendation of the Intellect, and his magnum opus, the Ethics? This paper argues affirmatively that the methodology employed within the Ethics is consonant with that method found within the Treatise, and this claim is substantiated through an engagement with the influential works of Don Garrett and Aaron Garrett. It (...) is also demonstrated through an original reconstruction of the Treatise itself. In this reconstruction, basic premises are identified which can validly prove Spinoza’s intended conclusion of substance monism. It is finally determined that what the Treatise and the Ethics share, specifically, is a methodology which begins with non-nominal definitions that denote the real, sufficient causes of their respective objects. However, at certain junctures, this methodology is expressed with greater consistency within the Treatise as opposed to within the Ethics. Evidence for this will be provided from the primary texts themselves and from the subsequent analyses of Don Garrett and Aaron Garret as well. (shrink)

Photomechanical reprint of papers from 1970 to 1992 mostly in English, some in German or French: Foreword 1–4; LAW AS PRACTICE ‘La formation des concepts en sciences juridiques’ 7–33, ‘Geltung des Rechts – Wirksamkeit des Rechts’ 35–42, ‘Macrosociological Theories of Law’ 43–76, ‘Law & its Inner Morality’ 77–89, ‘The Law & its Limits’ 91–96; LAW AS TECHNIQUE ‘Domaine »externe« & domaine »interne« en droit’ 99–117, ‘Die ministerielle Begründung’ 119–139, ‘The Preamble’ 141–167, ‘Presumption & Fiction’ 169–185, ‘Legal Technique’187–198; LAW AS LOGIC (...) ‘Moderne Staatlichkeit und modernes formales Recht’ 201–207, ‘Heterogeneity & Validity of Law’ 209–218, ‘Leibniz & die Frage der rechtlichen Systembildung’ 219–232, ‘Law & its Approach as a System’ 233–255, ‘Logic of Law & Judicial Activity’ 258–288, ‘Kelsen’s Pure Theory of Law’ 289–293, ‘The Nature of the Judicial Application of Norms’ 295–314; LAW AS EXPERIENCE ‘The Socially Determined Nature of Legal Reasoning’317–374, ‘The Ontological Foundation of Law’ 375–390, ‘Is Law a System of Enactments?’ 391–398, ‘The Uniqueness of National Legal Cultures’ 399–411, ‘Institutions as Systems’ 413–424; LAW AS HISTORY ‘From Legal Customs to Legal Folkways’ 427–436, ‘Anthropological Jurisprudence?’ 437–457, ‘Law as a Social Issue’ 459–475, ‘Law as History?’477–484, ‘Rechtskultur – Denkkultur’ 485–489; w/ Curriculum Vitae & Bibliography, as well as Index & Indexes of normative materials & of names. (shrink)

This dissertation addresses the ontological significance of poetry in the thought of Martin Heidegger. It gives an account of both his earlier and later thinking. The central argument of the dissertation is that poetry, as conceptualised by Heidegger, is beneficial and necessary for the living of an authentic life. The poetry of T. S Eliot features as a sustaining voice throughout the dissertation to validate Heidegger's ideas and also to demonstrate some interesting similarities in their ideas. Chapter one demonstrates how (...) effectively certain concepts from Heidegger's 'Being and Time' can be applied in an analysis of T.S. Eliots celebrated poem 'The Love Song of J. Alfred Prufrock'. The reading involves concepts such as angst, authenticity, inauthenticity, the they and idle talk as they appear in 'Being and Time' and then relates these to aspects of T.S Eliot's poem. Chapter two is an exegesis of Heideggers essay 'The Origin of the Work of Art' in order to understand the meaning of poetry as he describes it. The essay centres on the interpretation of a painting by Vincent van Gogh, and what the experience of the painting reveals to someone authentically engaging with the artwork. Heidegger attempts to establish what the essence of a thing is (the artwork as thing), for the 'origin' of the artwork resides in its 'thingliness'. He creates an important distinction between equipment and the artwork, as well as earth and the world in order to justify the unique, originary position that the artwork occupies. This leads Heidegger to create a new understanding of poetry (which is expanded to encompass all art forms) and to emphasise the importance of the human agent in both the creation and preservation of the artwork. Chapter three is an exploration of language in both the Heidegger of 'Being and Time' and the later Heidegger's thought. The aim is to explore the ontological effect that Heidegger's conception of language has for our existence. He places language within a primordial role arguing that it is not us who speak language, but language that speaks us. This conception has important consequences for our relationship with Being, and the way in which we understand our existence. The final chapter unifies the various themes of the dissertation into a cohesive argument. The chapter begins with a discussion on the meaning of our existence following the later Heidegger. This is nothing less than the guardianship of Being which can only be understood in its relation to our dwelling within the fourfold. In conclusion it is through the measure of the language of poetry that we can realise the possibility of authentic dwelling. (shrink)

Information-theoretic approaches to formal logic analyse the "common intuitive" concept of propositional implication (or argumental validity) in terms of information content of propositions and sets of propositions: one given proposition implies a second if the former contains all of the information contained by the latter; an argument is valid if the conclusion contains no information beyond that of the premise-set. This paper locates information-theoretic approaches historically, philosophically and pragmatically. Advantages and disadvantages are identified by examining such approaches in themselves and (...) by contrasting them with standard transformation-theoretic approaches. Transformation-theoretic approaches analyse validity (and thus implication) in terms of transformations that map one argument onto another: a given argument is valid if no transformation carries it onto an argument with all true premises and false conclusion. Model-theoretic, set-theoretic, and substitution-theoretic approaches, which dominate current literature, can be construed as transformation-theoretic, as can the so-called possible-worlds approaches. Ontic and epistemic presuppositions of both types of approaches are considered. Attention is given to the question of whether our historically cumulative experience applying logic is better explained from a purely information-theoretic perspective or from a purely transformation-theoretic perspective or whether apparent conflicts between the two types of approaches need to be reconciled in order to forge a new type of approach that recognizes their basic complementarity. (shrink)