It is widely held that every person is a person essentially, where being a person is having special mental properties such as intelligence and self-consciousness. It follows that nothing can acquire or lose these properties. The paper argues that this rules out all familiar psychological-continuity views of personal identity over time. It also faces grave difficulties in accounting for the mental powers of human beings who are not intelligent and self-conscious, such as foetuses and those with dementia.

This paper discusses Shoemaker's (1984) account of personal identity over time and the problems person essentialism raises for psychological continuity theories of personal identity at large, as detailed by Olson and Witt (2020).

In this paper, I develop an essentialist model of the semantics of slurs. I defend the view that slurs are a species of kind terms: Slur concepts encode mini-theories which represent an essence-like element that is causally connected to a set of negatively-valenced stereotypical features of a social group. The truth-conditional contribution of slur nouns can then be captured by the following schema: For a given slur S of a social group G and a person P, S is true (...) of P iff P bears the “essence” of G—whatever this essence is—which is causally responsible for stereotypical negative features associated with G and predicted of P. Since there is no essence that is causally responsible for stereotypical negative features of a social group, slurs have null-extension, and consequently, many sentences containing them are either meaningless or false. After giving a detailed outline of my theory, I show that it receives strong linguistic support. In particular, it can account for a wide range of linguistic cases that are regarded as challenging, central data for any theory of slurs. Finally, I show that my theory also receives convergent support from cognitive psychology and psycholinguistics. (shrink)

The purpose of this paper is to offer some critical remarks on the so-called pragmatist approach to the regulation of robotics. To this end, the article mainly reviews the work of Jack Balkin and Joanna Bryson, who have taken up such ap- proach with interestingly similar outcomes. Moreover, special attention will be paid to the discussion concerning the legal fiction of ‘electronic personality’. This will help shed light on the opposition between essentialist and pragmatist methodologies. After a brief introduction (1.), (...) in 2. I introduce the main points of the methodological debate which opposes pragmatism and essentialism in the regulation of robotics and I examine how legal fictions are framed from a pragmatist, functional perspective. Since this approach entails a neat separation of ontological analysis and legal rea- soning, in 3. I discuss whether considerations on robots’ essence are actually put into brackets when the pragmatist approach is endorsed. Finally, in 4. I address the problem of the social valence of legal fictions in order to suggest a possible limit of the pragmatist approach. My conclusion (5.) is that in the specific case of regulating robotics it may be very difficult to separate ontological considerations from legal reasoning—and vice versa—both on an epistemological and social level. This calls for great caution in the recourse to anthropomorphic legal fictions. (shrink)

In this commentary paper, we are taking one step further in questioning the central assumptions in the bioethical debates about reproductive technologies. We argue that the very distinction between “person affecting” and “identity affecting” interventions is based on a questionable form of material-origin essentialism. Questioning of this form of essentialist approach to human identity allows treating genome editing and genetic selection as more similar than they are taken to be in the standard approaches. It would also challenge the (...) idea that normative reasons we have in these two types of cases markedly differ in strength. (shrink)

The phrase ‘person‐centred care’ (PCC) reminds us that the fundamental philosophical goal of caring for people is to uphold or promote their personhood. However, such an idea has translated into promoting individualist notions of autonomy, empowerment and personal responsibility in the context of consumerism and neoliberalism, which is problematic both conceptually and practically. From a conceptual standpoint, it ignores the fact that humans are social, historical and biographical beings, and instead assumes an essentialist or idealized concept of personhood in (...) which a person is viewed as an individual static object. From a practical standpoint, the application of such a concept of personhood can lead to neglect of a person's fundamental care needs and exacerbate the problems of social inequity, in particular for older people and people with dementia. Therefore, we argue that our understanding of PCC must instead be based on a dynamic concept of personhood that integrates the relevant social, relational, temporal and biographical dimensions. We propose that the correct concept of personhood in PCC is one in which persons are understood as socially embedded, relational and temporally extended subjects rather than merely individual, autonomous, asocial and atemporal objects. We then present a reconceptualization of the fundamental philosophical goal of PCC as promoting selfhood rather than personhood. Such a reconceptualization avoids the problems that beset the concept of personhood and its application in PCC, while also providing a philosophical foundation for the growing body of empirical literature that emphasizes the psychosocial, relational, subjective and biographical dimensions of PCC. (shrink)

Enlightenment values are built around the presumption of an independent rational self, citizen, consumer and pursuer of self-interest. Even the authoritarian and communitarian variants of the Enlightenment presumed the existence of autonomous individuals, simply arguing for greater weight to be given to their collective interests. Since Hume, however, radical Enlightenment empiricists have called into question the existence of a discrete, persistent self. Today neuroscientific reductionism has contributed to the rejection of an essentialist model of personal identity. Contemporary transhumanism has yet (...) to grapple with the radical consequences of the erosion of liberal individualism on their projects of individually chosen enhancement and longevity. Most transhumanists still reflect an essentialist idea of personal identity, even as they embrace projects of radical cognitive enhancement that would change every constituent element of consciousness. Transhumanists need to grapple with how their projects and ethics would change if personal identity is an arbitrary, malleable fiction. (shrink)

ABSTRACT I motivate ‘Origin Conventionalism’—the view that which facts about one’s origins are essential to one’s existence depends partly on our person-directed attitudes. One important upshot is that the view offers a novel and attractive solution to the Nonidentity Problem. That problem typically assumes that the sperm-egg pair from which a person originates is essential to that person’s existence; in which case, for many future persons that come into existence under adverse conditions, had those conditions not been (...) realized, the individuals wouldn’t have existed. This is problematic because it delivers the counter-intuitive conclusion that it’s not wrong to bring about such adverse conditions since they don’t harm anyone. Origin Conventionalism, in contrast, holds that whether a person’s sperm-egg origin is essential to their existence depends on their person-directed attitudes. I argue that this provides a unique and attractive way of preserving the intuition that the actions in the ‘nonidentity cases’ are morally wrong because of the potential harm done to the individuals in question. (shrink)

According to what McMahan and Savulescu (2024) call the “popular position”, embryo selection is less ethically problematic than gene editing (other things being equal). The Two-Tier View, defended by McMahan and Savulescu, implies that the popular position is mistaken. The authors treat gene editing of embryos similarly to standard cases of medical treatments that promise expected benefits for the (subsequent) person even though gene editing also may create risks of harmful side effects for her. McMahan and Savulescu assume that (...) if gene editing is (successfully) done, it is better for the person who developed from the beneficently edited embryo. And, if the editing had not been done, although it was possible, that would have been worse for the same person in question. Thus, the comparator must always be a possible, even if unlikely, world in which she would have existed. That is why gene editing, in their view, resembles medical treatments. Therefore, assuming that standard medical treatments are not more ethically problematic than embryo selection, they conclude that (in general) gene editing should also be treated as not more problematic than embryo selection. In this paper, I am taking one step further than McMahan and Savulescu in questioning the central assumptions in the bioethical debates about new reproductive technologies. In the previous work, we argued that the very distinction between person-affecting and identity-affecting interventions is based on a questionable form of material-origin essentialism (Żuradzki and Dranseika 2022). Here, I argue that the bipartite distinction between person-affecting and impersonal reasons, as used by McMahan and Savulescu, insufficiently represents different possible counterfactual comparisons between real and merely possible outcomes. In particular, I argue that the evaluation of gene editing requires counterfactual comparisons to situations in which the benefited person might or might not exist. Such evaluation requires an additional class of reasons, let me call them “semi-person-affecting,” that cannot be reduced to either person-affecting or impersonal ones. This aspect of gene editing makes it dissimilar to standard cases of medical treatments. (shrink)

The following seems to be a truism in modern day philosophy: No agent can have had other parents (IDENTITY). IDENTITY shows up in discussions of moral luck, parenting, gene editing, and population ethics. In this paper, I challenge IDENTITY. I do so by showing that the most plausible arguments that can be made in favor of IDENTITY do not withstand critical scrutiny. The paper is divided into four sections. In the first, I document the prevalence of IDENTITY. In the second, (...) I examine a defense of IDENTITY on the basis of genetic considerations. In the third, I examine a defense of IDENTITY that I call gamete essentialism. In the fourth, I return to genetic considerations to wrap up the paper. (shrink)

In “Of Personal Identity”, Hume attempts to understand why we ordinarily believe in persistent selves. He proposes that this ontological commitment depends on illusions and fictions: the imagination tricks us into supposing that an unchanging core self remains static through the flux and change of experience. Recent work in cognitive science provides a good deal of support for Hume’s hypothesis that common beliefs about the self are founded on psychological biases rather than rational insight or evidence. We naturally believe in (...) personal persistence, according to this emerging research, because we are prone to categorize the world in terms of hidden essences and structure our lives in terms of whole life stories. (shrink)

Understanding academic gender gaps is difficult because gender-imbalanced fields differ across many features, limiting researchers’ ability to systematically study candidate causes. In the present preregistered research, we isolate two potential explanations—brilliance beliefs and fixed versus growth intelligence mindsets—by comparing two fields that have inverse gender gaps and historic and topical overlap: philosophy and psychology. Many more men than women study philosophy and vice versa in psychology, with disparities emerging during undergraduate studies. No prior work has examined the contributions of both (...) self-perceptions of brilliance and fixed versus growth mindsets on choice of major among undergraduate students. We assessed field-specific brilliance beliefs, brilliance beliefs about self, and mindsets, cross-sectionally in 467 undergraduates enrolled in philosophy and psychology classes at universities in the United States and Canada via both in-person and online questionnaires. We found support for the brilliance beliefs about the self, but not mindset, explanation. Brilliance beliefs about oneself predicted women’s but not men’s choice of major. Women who believed they were less brilliant were more likely to study psychology (perceived to require low brilliance) over philosophy (perceived to require high brilliance). Findings further indicated that fixed versus growth mindsets did not differ by gender and were not associated with major. Together, these results suggest that internalized essentialist beliefs about the gendered nature of brilliance are uniquely important to understanding why men and women pursue training in different academic fields. (shrink)

Can we reify the form of a substance? Is it possible to identify DNA as the principle of our personal and numerical identity? These questions will be studied through Berti’s reading of Aristotle’s hylomorphism. Indeed, Enrico Berti proposes the identification of the DNA to the Aristotelian notion of form, thesis which raises many questions from an exegetical point of view and a metaphysical perspective. We will present the sources of Berti’s reading and one of the main objections made by Aristotle. (...) Thus, different versions of the Berti’s thesis will be examined and then, a thought experiment that makes them false. Finally, it will be proposed an aristotelian solution, coming from a contemporary Aristotelian (E. J. Lowe), that seems to prevent Berti’s mistakes and gives us a robust metaphysics of the identity. (shrink)

In this paper, we defend two main claims. The first is a moderate claim: we have a negative duty to not use binary gender-specific pronouns he or she to refer to genderqueer individuals. We defend this with an argument by analogy. It was gravely wrong for Mark Latham to refer to Catherine McGregor, a transgender woman, using the pronoun he; we argue that such cases of misgendering are morally analogous to referring to Angel Haze, who identifies as genderqueer, as he (...) or she. The second is a radical claim: we have a negative duty to not use any gender-specific pronouns to refer to anyone, regardless of their gender identity. We offer three arguments in favor of this claim (which appeal to concerns about inegalitarianism and risk, invasions of privacy, and reinforcing essentialist ideologies). We also show why the radical claim is compatible with the moderate claim. Before concluding, we examine common concerns about incorporating either they or a neologism such as ze as a third-person singular gender-neutral pronoun. These concerns, we argue, do not provide sufficient reason to reject either the moderate or radical claim. (shrink)

Sudden enlightenment is awakening to be attained all at once. Hyun-Eung, a Korean Buddhist monastic, has proposed a new interpretation that sudden enlightenment is the revolutionary awakening of the dynamical and indivisible structure of cognitive subject and objects. I argue that Hyun-Eung’s ‘revolutionary enlightenment’ is achieved through a ‘paradigm shift’ in Thomas Kuhn’s sense as presented in his The Structure of Scientific Revolutions. Enlightenment is obtained when one’s essentialist and realist worldview is replaced, through a revolutionary change of paradigm shift, (...) by a new perspective based on the Buddhist teaching of dependent arising and emptiness. Prior to enlightenment, each person views oneself as a separate and independent individual who has her own essence. However, when our perspective on self and the world changes with the understanding of dependent arising and emptiness, it becomes clear that no one and nothing can exist independently of conditions. Everything comes into existence, abides, and passes out of existence only in dependence on conditions. Sudden enlightenment requires a revolutionary change in one’s perspective of self and the world. I conclude that this concept of revolutionary enlightenment aptly explains the features of sudden enlightenment. (shrink)

People sometimes explain behavior by appealing to an essentialist concept of the self, often referred to as the true self. Existing studies suggest that people tend to believe that the true self is morally virtuous; that is deep inside, every person is motivated to behave in morally good ways. Is this belief particular to individuals with optimistic beliefs or people from Western cultures, or does it reflect a widely held cognitive bias in how people understand the self? To address (...) this question, we tested the good true self theory against two potential boundary conditions that are known to elicit different beliefs about the self as a whole. Study 1 tested whether individual differences in misanthropy—the tendency to view humans negatively—predict beliefs about the good true self in an American sample. The results indicate a consistent belief in a good true self, even among individuals who have an explicitly pessimistic view of others. Study 2 compared true self-attributions across cultural groups, by comparing samples from an independent country and a diverse set of interdependent countries. Results indicated that the direction and magnitude of the effect are comparable across all groups we tested. The belief in a good true self appears robust across groups varying in cultural orientation or misanthropy, suggesting a consistent psychological tendency to view the true self as morally good. (shrink)

Deep brain stimulation has been of considerable interest to bioethicists, in large part because of the effects that the intervention can occasionally have on central features of the recipient’s personality. These effects raise questions regarding the philosophical concept of authenticity. In this article, we expand on our earlier work on the concept of authenticity in the context of deep brain stimulation by developing a diachronic, value-based account of authenticity. Our account draws on both existentialist and essentialist approaches to authenticity, and (...) Laura Waddell Ekstrom’s coherentist approach to personal autonomy. In developing our account, we respond to Sven Nyholm and Elizabeth O’Neill’s synchronic approach to authenticity, and explain how the diachronic approach we defend can have practical utility, contrary to Alexandre Erler and Tony Hope’s criticism of autonomy-based approaches to authenticity. Having drawn a distinction between the authenticity of an individual’s traits and the authenticity of that person’s values, we consider how our conception of authenticity applies to the context of anorexia nervosa in comparison to other prominent accounts of authenticity. We conclude with some reflections on the prudential value of authenticity, and by highlighting how the language of authenticity can be invoked to justify covert forms of paternalism that run contrary to the value of individuality that seems to be at the heart of authenticity. (shrink)

Audre Lorde’s account of the erotic is one of her most widely celebrated contributions to political theory and feminist activism, but her explanation of the term in her brief essay “Uses of the Erotic” is famously oblique and ambiguous. This article develops a detailed, textually grounded interpretation of Lorde’s erotic, based on an analysis of how Lorde’s essay brings together commitments expressed across her work. I describe four integral elements of Lorde’s erotic: feeling, knowledge, power, and concerted action. The erotic (...) is a way of feeling in the work a person does, which makes possible new knowledge about the self and the social environment— particularly to counteract epistemic oppression imposed by an unjust society. The erotic is a source of power by providing vision and energy for actions integrating a person’s multiple commitments and political interests. It facilitates concerted action and coalition by enhancing a person’s appreciation of their interests and values, while fostering embodied, personal connections that build trust on the basis of shared vulnerability. Thus, the erotic helps build coalitions where genuine differences of perspective and experience can be examined, in resistance against an oppressive society’s epistemic distortions. (shrink)

The discursive character of human rights prevents a precise summary of historical origin, rationale, or definition outside of the various codifications in religious texts, secular philosophies, founding national documents, and international treaties, charters, conventions, covenants, declarations, and protocols. Regarding the objects of human rights, we can speak of a “foundational five” 1) Personal security 2) Material subsistence 3) Elemental equality 4) Personal Freedom and 5) Recognition as a member of the human community. Despite, or perhaps because of its multivalence, the (...) concept of human rights has been criticized as “foundationalist,” “essentialist,” or “ethnocentric”—its universalism being used as a weapon against itself by critics of cultural imperialism. Even the tolerance discourses so popular in critical theory, however, gain their normative force from the same basic notion of individual or group rights. Notwithstanding these rhetorical abuses, the concept of human rights has proved robust as a doctrine of equality owing to its openness to a pluralism of justifications grounding the basic “goods” agreed as necessary for human development. (shrink)

Robert Kraut has proposed an analogy between valuing a loved one as irreplaceable and the sort of “rigid” attachment that (according to Saul Kripke’s account) occurs with the reference of proper names. We wanted to see if individuals with Kripkean intuitions were indeed more likely to value loved ones (and other persons and things) as irreplaceable. In this empirical study, 162 participants completed an online questionnaire asking them to consider how appropriate it would be to feel the same way about (...) a perfect replica of a loved one, as well as other questions about replaceability. Participants who previously had endorsed Kripkean reference (n = 96) rated loved ones as less replaceable on two different measures than participants who had previously endorsed Descriptivist reference (n = 66, t(160)> 2.27, p <.02, eta2> .03). Additional results suggest that this difference extends to other targets as well and is at least partially dependent on sentimental attachment. (shrink)

The thesis is concerned with the outline of an ontology which admits only particulars and with the persistence of particulars through time. In Chapter 1 it is argued that a neglected class of particulars--the cases--have to be employed in order to solve the problem of universals, i.e., to give a satisfactory account of properties and kinds. In Chapter 2, two ways in which particulars could persist though time are distinguished. Difficulties are raised for the view that everything perdures through time, (...) i.e., the view that each persisting thing is a sum of continuous and dependent temporal parts. Objections to the view that people perdure are presented in Chapter 3, objections to the effect that such a view cannot capture salient truths about the nature of experience and wrongly implies that our special concern for ourselves, our friends and our familiars is irrational. An alternative account of persisting particulars is provided in Chapter 4 by way of given a theory of substances. Finally, in Chapter 5, this alternative account is applied to the issue of personal identity and to the issue of the identity over time of living things in general. A Hylomorphic View of living things is sketched and briefly defended. ;Throughout, certain themes recur: essentialism is taken to be relatively unproblematic, various connections between time and modality are exploited, reductionism is regarded as bearing the onus of proof, characterless entities such as prime matter, substrata, bare particulars and haecceities are rejected and the differences between the animate and the inanimate are emphasized. (shrink)

‘Gender disappointment’ is regularly reported by those whose child’s sex does not match the sex that they, the parent, desired. With symptoms ranging from mere fleeting sadness to documented cases of serious depression, alienation from one’s child, and emotional suffering, it is clear that so-called ‘gender disappointment’ is a serious issue, that has, as yet, seen little philosophical attention (though see Hendl and Browne 2020). In this chapter I explore gender disappointment, not from the perspective of a parent who ended (...) up with the child of the wrong sex at birth, but rather, from the perspective of a different kind of gender disappointment: the transgender person who grew up and only then disappointed their parents by turning out to be the ‘wrong’ gender. This perspective, I argue, reveals a great deal about the shared gender essentialism at the heart of patriarchal and cissexist ideology. Moreover, I will argue that it reveals the underlying propertarian relationship of parents to their children under contemporary capitalism – a troubling relationship that legitimates the treatment of children as objects to be designed and controlled as commodities at the whims of parents. In this way I disagree with Whyman when he writes that “a preference for having a child of one sex over the other should be considered one of those irrational things of which some sense can nevertheless be made – like aesthetic taste” (Whyman 2021, 113-114). I argue, to the contrary, that the desire for a child of one particular gender is not akin to a mere unproblematic aesthetic preference. Instead, and following the rich feminist tradition of thinking about the patriarchal origins of sexual desire, I argue that we must see these desires as troubling reflections of dominant patriarchal and cissexist ideology, underwritten by a particular neoliberal capitalist mode of production. Moreover, we can seek to change those desires. (shrink)

In this enquiry I establish Universal Desire Theory as the nominal designation of my active ethical framework, a system heavily influenced by the natural essentialists Philippa Foot and Jenny Teichman, wherein the comparative amalgamation of all subjectively experienced biological harm and benefit is the foundation of objective normativity. Highlights of this paper include the sections where I discuss the moral life of the cell, as well as the moral fallibility of hallucinating persons under this system which combines biological observation with (...) conscious awareness of action. I hope you enjoy. (shrink)

Pronouns often convey information about a person’s social identity (e.g., gender). Consequently, pronouns have become a focal point in academic and public debates about whether pronouns should be changed to be more inclusive, such as for people whose identities do not fit current pronoun conventions (e.g., gender non-binary individuals). Here, we make an empirical contribution to these debates by investigating which social identities lay speakers think that pronouns should encode and why. Across four studies, participants were asked to evaluate (...) different types of real and hypothetical pronouns, including binary gender pronouns, race pronouns, and identity-neutral pronouns. We sampled participants from two languages with different pronoun systems: English (N = 1,120) and Turkish (N = 260). English pronouns commonly denote binary gender (e.g., he for men), whereas Turkish pronouns are identity-neutral (e.g., o for anyone). Participants’ reasoning about pronouns reflected both a familiarity preference (i.e., participants preferred the pronoun type used in their language) and—critically—participants’ social ideologies. In both language contexts, participants’ ideological beliefs that social groups are inherently distinct (essentialism) and should be hierarchal (social dominance orientation) predicted relatively greater endorsement of binary gender pronouns and race pronouns. A preregistered experimental study with an English-speaking sample showed that the relationship between ideology and pronoun endorsement is causal: Ideologies shape attitudes toward pronouns. Together, the present research contributes to linguistic and psychological theories concerning how people reason about language and informs policy-relevant questions about whether and how to implement language changes for social purposes. (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)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

Dion is a full-bodied man. Theon is that part of him which consists of all of him except his left foot. What becomes of Dion and Theon when Dion’s left foot is amputated? In Burke 1994, employing the doctrine of sortal essentialism, I defended a surprising position last defended by Chrysippus: that Dion survives while the seemingly unscathed Theon perishes. This paper defends that position against objections by Stone, Carter, Olson, and others. Most notably, it offers a novel, conservative (...) solution to the many-thinkers problem, a solution that enables us to accept the existence of brain-containing person-parts while denying that those person-parts are thinking, conscious beings. (shrink)

I will present and criticise the two theories of truthmaking David Armstrong offers us in Truth and Truthmakers (Armstrong 2004), show to what extent they are incompatible and identify troublemakers for both of them, a notorious – Factualism, the view that the world is a world of states of affairs – and a more recent one – the view that every predication is necessary. Factualism, combined with truthmaker necessitarianism – ‘truthmaking is necessitation’ – leads Armstrong to an all-embracing totality state (...) of affairs that necessitates not only everything that is the case but also everything else – that which is not the case, that which is merely possible or even impossible. All the things so dear to realists – rocks, natural properties, real persons – become mere abstractions from this ontological monster. The view that every predication is necessary does in some sense the opposite: it does away with totality states of affairs and, arguably, also with states of affairs. We have particulars and universals, partially identical and necessarily connected to everything else. Just by the existence of anything, everything is necessitated – the whole world mirrored in every monad. Faced with the choice between these two equally unappealing alternatives, I suggest returning to Armstrong’s more empiricist past: the world is not an all-inclusive One, nor necessitated by every single particular and every single universal, but a plurality of particulars and universals, interconnected by a contingent and internal relation of exemplification. While a close variant, truthmaker essentialism, can perhaps be saved, this means giving up on truthmaker necessitarianism. This, I think, what it takes to steer a clear empiricist course between the Scylla of Spinozist general factness and the Charybdis of a Leibnizian overdose of brute necessities. (shrink)

The article updates the work of an important Prešov philosopher and educator Andrej Vandrák The Elements of Philosophical Ethics, which shows that scientific personalities of 19th century Prešov were intellectually close to European thought schools. Apart from Kant and Fries Vandrák’s works were also influenced by European philosophy as a whole, thus influencing Vandrák’s perception of inter alia, good and beautiful and the connection between ethical and aesthetic. These thought in Vandrák’s works show known European tendency and the topic which, (...) albeit in a different sense than in his works, became central in the philosophy especially in the second half of the 20th century and is still up-to-date now – aesthetization of ethics. The analyses of aesthetization of ethics in fact prove to be promising in times of rejection of ethical universalism and anthropological essentialism. In this context, some of Vandrák’s works are in this context quite inspirational. Nevertheless, Vandrák shows that also our perception of philosophy is closely related to the European cultural and philosophical traditions and the current philosophical thinking, which should be extremely emphasized in these days. (shrink)

The moral status of sexbots was analyzed while using consequentialism and feminism as the guiding frameworks. Sexbots are humanoid robots with a certain level of AI that represents personality-scripts. The thesis contained three main questions: A) What moral pain points can be identified in producing and using sex bots? B) Is it necessary to conclude from these moral issues that these practices are inherently immoral? C) What ethical conditions and contexts can be formulated in which sex bots can be used (...) and used positively and morally? -/- First of all a brief summary is given on the psychology behind our relationships with robots/sexbots to show the weight of the dynamics behind this relationship between sexual subject and the sexual technology of sexbots. Second, The Campaign Against Sex Robots from Richardson was used as a starting point to explore a more contextual approach of the moral uses and designs of sexbots. The claims about what sexbots represent and what possible effects they have were analyzed to find an opening that does not a priori ban the production of sexbots (as Richardson postulates). -/- Through the thesis, tentative explorations of moral designs and uses of sexbots can be found. This includes an analysis on the hardware and software behind a sexbot going from scripts and programming concerning consent and designs that are meant for different (for example; therapeutical) contexts. To conclude, the use of a non-essentialistic feminist new-materialism was used for a first exploration of the political value of sexbots as tools of empowerment, instead of oppression. (shrink)

In contemporary philosophy, there is a widespread distinction between authenticity as self-discovery (which is an essentialist model, inspired by Rousseau, Herder and the Romantic tradition) and authenticity as self-creation (an existentialist model, inspired mainly by Kierkegaard and Sartre). In this paper, I would like to propose a threefold classification, which ads another model of authenticity, irreducible to any of the previous two. This third model is authenticity as self-reinvention, that could be reconstructed from Nietzsche’s philosophy. The self-reinvention model rests on (...) three different, yet interrelated, ideas: 1) Vitalism: The authentic individual wholeheartedly embraces every aspect of his existence, even pain and sufferings, thus proving he truly owns himself. 2) Perspectivism: The authentic individual is able to reinterpret his mental states in the utmost personal manner, through the transvaluation of values (Umwertung aller Werte) and the spiritualization (Vergeistingung) of his drives. 3) Experimentalism: Authenticity is an incessant play, a constant process of identity formation, which corresponds to Nietzsche’s hypothesis of “the subject as multiplicity” and to his ideal of existence as a work of art or of becoming the poet of your life. (shrink)

Detailing the connection between the various functions of Buddhist karma theory and rebecoming is a profoundly difficult aspect of Buddhist philosophy. While there is no definitive answer to these questions, suggestions can be found in early Buddhism that may help to reconcile the early Buddhist interpretations of karma with other philosophical and scientific theories.A great difficulty in analysing the functional aspects of Buddhist karma theory is the conflation of karma as causality with karma as ethics to create a strongly deterministic (...) ethical theory of karmic retribution which de-emphasises notions of free will and personal responsibility that are fundamental to Buddhist practice. This research is intended as a new model to evaluate karma in light of early Buddhist karma theory. Following this model may allow karma theorists to shed our accumulated assumptions from the Abhidharma and western philosophy that bring substance metaphysics into the analysis of Buddhist karma doctrine. This essentialism is an unnecessary obstacle to understanding. When karma as causality is located within early Buddhist process metaphysics it can easily be analysed in a practical fashion and is found to accord with contemporary thought. Karma as ethics is more properly analysed as a satisfactory, but underdeveloped ethical theory. Only with these conceptions in place can the connection between karma and rebecoming can be detailed. (shrink)

We offer an account of the metaphysics of persons rooted in Latter-day saint scripture that vindicates the essentiality of origins. We then give theological support for the claim that prospects for the success of God’s soul making project are bound up in God creating particular persons. We observe that these persons would not have existed were it not for the occurrence of a variety of evils (of even the worst kinds), and we conclude that Latter-day saint theology has the resources (...) to endorse a strong soul-making non-identity theodicy. We then introduce two complications for this account rooted in the problem of horrendous evils. First, horrendous evils threaten to undermine our confidence that God is good to each created person within the context of their life. And second, horrendous evils raise concerns about the value of persons whose existence depends on the occurrence of those evils. We may wonder whether those whose existence depends on the occurrence of horrendous evils are valuable enough to motivate God’s allowance of those evils. We show that by attending to important structural features of a post-mortem, pre-eschatological state called the spirit world, Latter-day Saints can ameliorate these concerns about horrendous evils . (shrink)

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

This book gives an account of work that I have done over a period of decades that sets out to solve two fundamental problems of philosophy: the mind-body problem and the problem of induction. Remarkably, these revolutionary contributions to philosophy turn out to have dramatic implications for a wide range of issues outside philosophy itself, most notably for the capacity of humanity to resolve current grave global problems and make progress towards a better, wiser world. A key element of the (...) proposed solution to the first problem is that physics is about only a highly specialized aspect of all that there is – the causally efficacious aspect. Once this is understood, it ceases to be a mystery that natural science says nothing about the experiential aspect of reality, the colours we perceive, the inner experiences we are aware of. That natural science is silent about the experiential aspect of reality is no reason whatsoever to hold that the experiential does not objectively exist. A key element of the proposed solution to the second problem is that physics, in persistently accepting unified theories only, thereby makes a substantial metaphysical assumption about the universe: it is such that a unified pattern of physical law runs through all phenomena. We need a new conception, and kind, of physics that acknowledges, and actively seeks to improve, metaphysical presuppositions inherent in the methods of physics. The problematic aims and methods of physics need to be improved as physics proceeds. These are the ideas that have fruitful implications, I set out to show, for a wide range of issues: for philosophy itself, for physics, for natural science more generally, for the social sciences, for education, for the academic enterprise as a whole and, most important of all, for the capacity of humanity to learn how to solve the grave global problems that menace our future, and thus make progress to a better, wiser world. It is not just science that has problematic aims; in life too our aims, whether personal, social or institutional, are all too often profoundly problematic, and in urgent need of improvement. We need a new kind of academic enterprise which helps humanity put aims-and-methods improving meta-methods into practice in personal and social life, so that we may come to do better at achieving what is of value in life, and make progress towards a saner, wiser world. This body of work of mine has met with critical acclaim. Despite that, astonishingly, it has been ignored by mainstream philosophy. In the book I discuss the recent work of over 100 philosophers on the mind-body problem and the metaphysics of science, and show that my earlier, highly relevant work on these issues is universally ignored, the quality of subsequent work suffering as a result. My hope, in publishing this book, is that my fellow philosophers will come to appreciate the intellectual value of my proposed solutions to the mind-body problem and the problem of induction, and will, as a result, join with me in attempting to convince our fellow academics that we need to bring about an intellectual/institutional revolution in academic inquiry so that it takes up its proper task of helping humanity learn how to solve problems of living, including global problems, and make progress towards as good, as wise and enlightened a world as possible. (shrink)

Identity labels like “woman”, “Black,” “mother,” and “evangelical” are pervasive in both political and personal life, and in both formal and informal classification and communication. They are also widely thought to undermine agency by essentializing groups, flattening individual distinctiveness, and enforcing discrimination. While we take these worries to be well-founded, we argue that they result from a particular practice of using labels to rigidly label others. We identify an alternative practice of playful self-labelling, and argue that it can function as (...) a tool for combating oppression by expressing and enhancing individual and collective agency. (shrink)

We examined the association of parents’ genetic causal beliefs and parenting behaviors, hypothesizing a positive association between parents’ genetic causal beliefs and their use of psychological control. Study 1 (N = 394) was a cross-sectional survey and revealed that parents’ genetic essentialism beliefs were positively associated with their self-reported use of harsh psychological control, but only for parents who reported relatively high levels of problem behaviors in their children. Study 2 (N = 293) employed a 4-day longitudinal design and (...) revealed that parents’ genetic causal beliefs positively predicted the use of psychological control, especially on days when they perceived relatively high problem behaviors in children. Overall, the studies demonstrated that parents’ genetic causal beliefs about character positively predicted psychologically controlling and harsh responses to child problem behaviors, which may ultimately be detrimental to child development. (shrink)

Placeholder essentialism is the view that there is a causal essence that holds category members together, though we may not know what the essence is. Sometimes the placeholder can be filled in by scientific essences, such as when we acquire scientific knowledge that the atomic weight of gold is 79. We challenge the view that placeholders are elaborated by scientific essences. On our view, if placeholders are elaborated, they are elaborated Aristotelian essences, a telos. Utilizing the same kinds of (...) experiments used by traditional essentialists—involving superficial change (study 1), transformation of insides (study 2), acquired traits (study 3) and inferences about offspring (study 4)—we find support for the view that essences are elaborated by a telos. And we find evidence (study 5) that teleological essences may generate category judgments. (shrink)

Are psychiatric disorders natural kinds? This question has received a lot of attention within present-day philosophy of psychiatry, where many authors debate the ontology and nature of mental disorders. Similarly, historians of psychiatry, dating back to Foucault, have debated whether psychiatric researchers conceived of mental disorders as natural kinds or not. However, historians of psychiatry have paid little to no attention to the influence of (a) theories within logic, and (b) theories within metaphysics on psychiatric accounts of proper method, and (...) on accounts of the nature and classification of mental disorders. Historically, however, logic and metaphysics have extensively shaped methods and interpretations of classifications in the natural sciences. This paper corrects this lacuna in the history of psychiatry, and demonstrates that theories within logic and metaphysics, articulated by Christian Wolff (1679-1754), have significantly shaped the conception of medical method and (psychiatric) nosology of the influential nosologist Boissier De Sauvages (1706-1767). After treating Sauvages, I discuss the method of the influential nosologist William Cullen (1710-1790), and demonstrate the continuity between the classificatory methods of Sauvages and Cullen. I show that both Sauvages and Cullen were essentialists concerning medical diseases in general and psychiatric disorders in particular, contributing to the history of conceptions of the ontology and nature of mental disorders. (shrink)

Natural/social kind essentialism is the view that natural kind categories, both living and non-living natural kinds, as well as social kinds (e.g., race, gender), are essentialized. On this view, artifactual kinds are not essentialized. Our view—teleological essentialism—is that a broad range of categories are essentialized in terms of teleology, including artifacts. Utilizing the same kinds of experiments typically used to provide evidence of essentialist thinking—involving superficial change (study 1), transformation of insides (study 2) and inferences about offspring (study (...) 3)—we find support for the view that a broad range of categories—living natural kinds, non-living natural kinds and artifactual kinds—are essentialized in terms of teleology. Study 4 tests a unique prediction of teleological essentialism and also provides evidence that people make inferences about purposes which in turn guide categorization judgments. (shrink)

Essentialism in philosophy is the position that things, especially kinds of things, have essences, or sets of properties, that all members of the kind must have, and the combination of which only members of the kind do, in fact, have. It is usually thought to derive from classical Greek philosophy and in particular from Aristotle’s notion of “what it is to be” something. In biology, it has been claimed that pre-evolutionary views of living kinds, or as they are sometimes (...) called, “natu-ral kinds”, are essentialist. This static view of living things presumes that no tran-sition is possible in time or form between kinds, and that variation is regarded as accidental or inessential noise rather than important information about taxa. In contrast it is held that Darwinian, and post-Darwinian, biology relies upon varia-tion as important and inevitable properties of taxa, and that taxa are not, therefore, kinds but historical individuals. Recent attempts have been made to undercut this account, and to reinstitute essentialism in biological kind terms. Others argue that essentialism has not ever been a historical reality in biology and its predecessors. In this chapter, I shall outline the many meanings of the notion of essentialism in psychology and social science as well as science, and discuss pro- and anti-essentialist views, and some recent historical revisionism. It turns out that nobody was essentialist to speak of in the sense that is antievolutionary in biology, and that much confusion rests on treating the one word, “essence” as meaning a single notion when in fact there are many. I shall also discuss the philosophical implica-tions of essentialism, and what that means one way or the other for evolutionary biology. Teaching about evolution relies upon narratives of change in the ways the living world is conceived by biologists. This is a core narrative issue. (shrink)

A minimal essentialism (‘intrinsic biological essentialism’) about natural kinds is required to explain the projectability of human science terms. Human classifications that yield robust and ampliative projectable inferences refer to biological kinds. I articulate this argument with reference to an intrinsic essentialist account of HPC kinds. This account implies that human sciences (e.g., medicine, psychiatry) that aim to formulate predictive kind categories should classify biological kinds. Issues concerning psychiatric classification and pluralism are examined.

This ~4000 word essay introduces topics of essentialism, as they arise in social sciences. It distinguishes empirical (e.g., psychological) from philosophical studies of essentialisms, and both metaphysical and scientific essentialisms within philosophy. Essentialism issues in social science are shown to be more subtle and complex than often presumed.

In this paper, I argue that Psychological Essentialism (PE), the view that essences are a heuristic or mental shortcut, is a better explanation for modal intuitions than Metaphysical Essentialism (ME), the view that objects have essences, or more precisely, that (at least some) objects have (at least some) essential properties. If this is correct, then the mere fact that we have modal intuitions is not a strong reason to believe that objects have essential properties.

In ordinary language, in the medical sciences, and in the overlap between them, we frequently make claims which imply that we might have had different gametic origins from the ones we actually have. Such statements seem intuitively true and coherent. But they counterfactually ascribe different DNA to their referents and therefore contradict material-origin essentialism, which Kripke and his followers argue is intuitively obvious. In this paper I argue, using examples from ordinary language and from philosophy of medicine and bioethics, (...) that statements which attribute alternative material origins to their referents are useful, common in political and medical reasoning, and in many cases best interpreted literally. So we must replace the doctrine of material-origin essentialism with one that can make sense of ordinary discourse and the language of the medical sciences. I propose an anti-essentialist account of such counterfactuals according to which individuals’ modal properties are relative to a given inquiry. (shrink)

Dispositional Essentialism is a unified anti-Humean account of the metaphysics of low-level physical properties and laws of nature. In this paper, I articulate the view that I label Canonical Dispositional Essentialism, which comprises a structuralist metaphysics of properties and an account of laws as relations in the property structure. I then present an alternative anti-Humean account of properties and laws. This account rejects CDE’s structuralist metaphysics of properties in favour of a view of properties as qualitative grounds of (...) dispositions and it rejects CDE’s view of laws as relations in favour of a view of laws as features of an efficient description of possible property distributions. I then defend this view over CDE on the grounds that it can overcome an explanatory shortcoming of CDE and that it achieves a level of continuity with science that CDE fails to achieve. The upshot of this paper is a significant narrowing of the range of possibilities in which the absolutely best unified account of laws and properties resides. (shrink)

The advent of contemporary evolutionary theory ushered in the eventual decline of Aristotelian Essentialism (Æ) – for it is widely assumed that essence does not, and cannot have any proper place in the age of evolution. This paper argues that this assumption is a mistake: if Æ can be suitably evolved, it need not face extinction. In it, I claim that if that theory’s fundamental ontology consists of dispositional properties, and if its characteristic metaphysical machinery is interpreted within the (...) framework of contemporary evolutionary developmental biology, an evolved essentialism is available. The reformulated theory of Æ offered in this paper not only fails to fall prey to the typical collection of criticisms, but is also independently both theoretically and empirically plausible. The paper contends that, properly understood, essence belongs in the age of evolution. (shrink)

In this Chapter, Maria Kronfeldner discusses whether psychological essentialism is a necessary part of dehumanization. This involves different elements of essentialism, and a narrow and a broad way of conceptualizing psychological essentialism, the first akin to natural kind thinking, the second based on entitativity. She first presents authors that have connected essentialism with dehumanization. She then introduces the error theory of psychological essentialism regarding the category of the human, and distinguishes different elements of psychological (...) class='Hi'>essentialism. On that basis, Kronfeldner connects historical, socio-psychological, and philosophical insights in order to show that although essentialism can act as a catalyst for dehumanization, it is not necessary for it. Examples relate to dehumanization in the context of colonialism and evolutionary thinking, to the history of dehumanizing women from Aristotle to 19th-century craniology, and to contemporary self-dehumanization and ‘lesser mind’ attribution. (shrink)

The essentialist approach to word meaning has been used to undermine the fundamental assumptions of the cognitive psychology of concepts. Essentialism assumes that a word refers to a natural kind category in virtue of category members possessing essential properties. In support of this thesis, Kripke and Putnam deploy various intuitions concerning word use under circumstances in which discoveries about natural kinds are made. Although some studies employing counterfactual discoveries and related transformations appear to vindicate essentialism, we argue that (...) the intuitions have not been investigated exhaustively. In particular, we argue that discoveries concerning the essential properties of whole categories (rather than simply of particular category members) are critical to the essentialist intuitions. The studies reported here examine such discovery contexts, and demonstrate that words and concepts are not used in accordance with essentialism. The results are, however, consistent with "representational change" views of concepts, which are broadly Fregean in their motivation. We conclude that since essentialism is not vindicated by ordinary word use, it fails to undermine the cognitive psychology of concepts. (shrink)

Causal essentialists hold that a property essentially bears its causal and nomic relations. Further, as many causal essentialists have noted, the main motivations for causal essentialism also motivate holding that properties are individuated in terms of their causal and nomic relations. This amounts to a kind of identity of indiscernibles thesis; properties that are indiscernible with respect to their causal and nomic relations are identical. This can be compared with the more well-known identity of indiscernibles thesis, according to which (...) particulars that are qualitatively indiscernible are identical. Robert Adams has developed a well-known objection to this thesis by considering a series of possibilities involving nearly qualitatively indiscernible particulars that naturally leads to a possibility involving qualitatively indiscernible particulars. I argue that we can construct parallel cases involving a series of possibilities involving properties that are nearly indiscernible with respect to their causal and nomic relations that naturally lead to possibilities involving properties that are indiscernible with respect to their causal and nomic relations. The same features that make Adams’ argument forceful also carry over to my cases, giving us a powerful objection to the causal essentialist identity of indiscernibles thesis. (shrink)