There are many consonances between George Kelly’s personal construct psychology and post-Cartesian perspectives such as the intersubjective phenomenological project of Merleau-Ponty, hermeneutical constructivism, American pragmatism and autopoietic self-organizing systems theory. But in comparison with the organizational dynamics of personal construct theory, the above approaches deliver the person over to semi-arbitrary shapings from both the social sphere and the person’s own body, encapsulated in sedimented bodily and interpersonally molded norms and practices. Furthermore, the affective and (...) cognate aspects of events are artificially split into functionally separated entities, and then have to be pieced together again via interaction. By contrast, pushes and pulls are conspicuously lacking from Kelly’s depiction of the relationship between the construing subject and their world. Kelly complements Heidegger in offering a radically temporal phenomenology and a strongly anticipative stance. Both authors abandon the concept of subject and world in states of interaction, in favor of a self-world referential-differential in continuous self-transforming movement. A paradoxical implication of Kelly’s radical temporal grounding of experience is that it is at the same time more fully in motion and transition than embodied inter-subjective models, and maintains a more intimate and intricate thread of self-continuity and self-belonging. (shrink)

People construe reality by using words as basic units of meaningful categorization. The present theory-driven study applied the method of a free association task to explore how people express the concepts of the world and the self in words. The respondents were asked to recall any five words relating with the word world. Afterwards they were asked to recall any five words relating with the word self. The method of free association provided the respondents with absolute freedom to choose (...) any words they wanted. Such free recall task is suggested as being a relatively direct approach to the respondents’ self- and world-related conceptual categories, without enormous rational processing. The results provide us, first, with associative ranges for constructs of the world and the self, where some associative dimensions are defined by semantic polarities in the meanings of peripheral categories (e.g., Nature vs. Culture). Second, our analysis showed that some groups of verbal categories that were associated with the words world and self are central, while others are peripheral with respect to the central position. Third, the analysis of category networks revealed that some categories play the role of a transmitter, mediating the pathway between other categories in the network. (shrink)

I want to examine the implications of a metaphysical thesis which is presupposed in various objections to Rawls' theory of justice.Although their criticisms differ in many respects, they concur in employing what I shall refer to as the continuity thesis. This consists of the following claims conjointly: (1) The parties in the original position (henceforth the OP) are, and know themselves to be, fully mature persons who will be among the members of the well-ordered society (henceforth the WOS) which (...) is generated by their choice of principles of justice. (2) The OP is a conscious event among others, integrated (compatibly with the constraints on knowledge and motivation imposed on the parties) into the regular continuity of experience that comprises each of their ongoing constitutes lives. (3) The parties in the OP thus are, and regard themselves as, psychologically continuing persons, partially determined in personality and interests by prior experiences, capable of recollection and regret concerning the past, anticipation and apprehensiveness regarding the future, and so on. Although the continuity thesis as stated above is not at odds with any of the conditions that define the OP, its exegetical validity is a matter for discussion. I shall be concerned to argue that if it is indeed contained in or a consequence of Rawls' theory, then it casts into doubt the capacity of the OP to generate or justify any principles of justice at all. On the other hand, if the continuity thesis is viewed as dispensable and unnecessary to the Rawlsian enterprise, then Rawls is correct in maintaining the irrelevance of the question of personal identity to the construction of his moral theory. In this case, the contract-theoretic, instrumentalist justification for the two principles of justice (henceforth the 2PJ) needs to be supplanted by a modified conception of wide reflective equilibrium. The considerations that form the bulk of this discussion then may be understood as providing a rationale for Rawls' recent revisions in the model of justification on which his theory of justice rests, and for his increasing emphasis on us as moral mediators between the OP and the WOS. Now I want to consider the question of whether or not, given the textual evidence, anything like the continuity thesis is stated or implied by Rawls, and what problems for his theory, if any, turn on a positive or negative answer to this question. -/- . (shrink)

Proponents of the epistemic companions in guilt argument argue that we should reject the moral error theory because it entails that there are no epistemic reasons. In this paper, I investigate whether a plausible version of the moral error theory can be constructed that does not entail an error theory about epistemic reasons. I argue that there are no irreducibly normative second-personal reasons even if there are irreducibly normative reasons. And epistemic reasons are not second-personal (...) reasons. In this case, a plausible version of the moral error theory can be constructed that does not entail an error theory about epistemic reasons if facts and claims about morality entail facts and claims about irreducibly normative second-personal reasons. And, as I explain, there is a good case that facts and claims about morality do entail facts and claims about irreducibly normative second-personal reasons. (shrink)

This article explores the implicit theories of morality, or the conceptions regarding the patterns of stability, continuity and change in moral dispositions, both in lay and academic discourses. The controversies surrounding these conceptions and the fragmentation of the models and perspectives in metaethics and moral psychology endangers the pursuit of adequate operationalizations of morally relevant constructs. The current debate between situationists, who deny that character is an useful concept for understanding human behavior, which is better explained by contextual factors (Doris (...) 1998; Harman 1998) and dispositionists, who advocate the cross-situational stability of traits, is also present in the lay discourse, through the existence of competing commonsense ontological assumptions regarding the mutability or alterability of moral features, namely the implicit theories perspective (Chiu, Dweck, Tong, & Fu 1997). These personal theories are primary suspects in the affective and cognitive reactions to transgressions: the type of attended information in formulating evaluative judgments, the calibration of moral responsibility and blameworthiness, the assignment of retribution or reparatory recommendations to transgressors. In the second part of the study we attempt to advance toward a more fine-grained inspection of these lay beliefs, arguing that the construct of implicit theories of morality, as it is currently treated and measured, tends to be restrictive and oversimplifying. (shrink)

What is the main characteristic of constructive explanation? In other words, what is the nature of a construct and, consequently, what kind of relationship is there between constructs and behavior? Kelly stated that a "psychological response is initially and basically the outcome of a construing act."(1955, vol. 1, p. 171) Somewhere else, he asserts it in a more clear way: "Since they construe them differently, they will anticipate them differently and will behave differently as a consequence of their anticipations." (...) (Kelly, 1963, p. 90) The relationship between constructs and "psychological response" could be considered in terms of either 'causation' or 'implication'. (shrink)

Recently, Lisa Feldman Barrett and colleagues have introduced the Theory of Constructed Emotions (TCE), in which emotions are constituted by a process of categorizing the self as being in an emotional state. The view, however, has several counterintuitive implications: for instance, a person can have multiple distinct emotions at once. Further, the TCE concludes that emotions are constitutively social phenomena. In this article, I explicate the TCE*, which, while substantially similar to the TCE, makes several distinct claims aimed at (...) avoiding the counterintuitive implications plaguing the TCE. Further, because of the changes that comprise the TCE*, emotions are not constitutively social phenomena. (shrink)

This paper explores the implications of extended and distributed cognition theory for our notions of personal identity. On an extended and distributed approach to cognition, external information is under certain conditions constitutive of memory. On a narrative approach to personal identity, autobiographical memory is constitutive of our diachronic self. In this paper, I bring these two approaches together and argue that external information can be constitutive of one’s autobiographical memory and thus also of one’s diachronic self. To (...) develop this claim, I draw on recent empirical work in human-computer interaction, looking at lifelogging technologies in both healthcare and everyday contexts. I argue that personal identity can neither be reduced to psychological structures instantiated by the brain nor by biological structures instantiated by the organism, but should be seen as an environmentally-distributed and relational construct. In other words, the complex web of cognitive relations we develop and maintain with other people and technological artifacts partly determines our self. This view has conceptual, methodological, and normative implications: we should broaden our concepts of the self as to include social and artifactual structures, focus on external memory systems in the (empirical) study of personal identity, and not interfere with people’s distributed minds and selves. (shrink)

This thesis is intended to analyze a mental phenomenon widely neglected in current philosophical discussions: personal memories. The first part presents a general framework to better understand what personal memories are, how we access our personal past and what we access about our personal past. Chapter 1 introduces traditional theories of memory: direct realism and representationalism in their different versions, as well as some objections. I defend here a particular form of representationalism that is based on (...) the distinction between content, intentional object and ontological object. Chapter 2 explores the possible contents of our personal memories, which prove to be heterogeneous, whereas chapter 3 analyses their possible intentional objects, with a special focus on past events. The second part of the thesis explores an aspect of our personal memories that was omitted in the first part: the senses in which our personal past is apprehended as personal. Chapter 4 examines the way in which the “self” intervenes in the construction of our personal memories. Chapters 5 and 6 focus on the analysis of what seems to be the most subjective aspect of our memories, that is, the emotions and feelings of our past experiences. In these last two chapters, I analyze the different interactions that can take place between memories and emotions and defend the idea that there can be emotional memories that are reducible neither to a propositional memory nor an occurrent and present emotion. The overall intention of this thesis is twofold. First, I aim to show to the philosophical community that there is still a lot to be said and discussed about memory as a mental phenomenon. And second, I intend to emphasize the importance of bringing into the philosophical discussions about the mind ideas coming from different philosophical traditions as well as ideas and empirical data coming from scientific research. (shrink)

Michael Quante’s book Person offers a systematic and argumentative assessment of the question what a person is and accounts for the multiple aspects that play a role in our everyday understanding of the term. Quante is skeptical about the possibility of constructing a purely psychological account of the person and proposes to base the diachronic unity conditions of persons on the human organism. At the same time he acknowledges that psychological considerations, including the notion of a person’s personality, are important (...) for practical purposes. However, one may wonder why he proposes the human organism as the remedy for the alleged shortcomings of the psychological approach, rather than introducing an additional physical continuity requirement of the cerebrum or other parts of the brain. (shrink)

Universal Game Theory - The theory that all of life is a game played by consciousness’es, (Living Beings). The board is a dream like structure of the universe. The progression is through an active process of intent witnessing, and passive meditation. Which releases the tension in the nerves of the body and leads to selfless actions, moral goodness, and eventually the finish, Enlightenment. Just like a wounded creature only cares about it’s own self. Man in tensionthrough self-centered thought (...) only thinks about his own predicaments. Even if he is thinking about others it is only through his own objectionable view from his false-created center. The enemy or deterrents in the game is the conditioning created by society for ambition, greed, control and general brain washing to give theindividual a false sense of identity, the ego. This is achieved by Religion; tradition, culture, education, reasoning, linear thought, and the creation of time. Leaving him/her in constant anxiety about millions of future contingencies. Through witnessing one realizes the whole futility of one dimensional thought which only leads to more and more thought. Simple or constructed elaborately, thought being time, a human construction. The final step of the Universal Game Theory is understanding the whole process of thought and the eventual revelation of Enlightenment, Bliss, ecstasy. Which the person then understands that he/she is the creator of the life/dream with which they are in. That point being a sexual ecstasy similar to what happens in death to men. i.e. Human males release semenwhen they die, having a sexual ecstasy at their last breath. (shrink)

This paper shows that several live philosophical and scientific hypotheses – including the holographic principle and multiverse theory in quantum physics, and eternalism and mind-body dualism in philosophy – jointly imply an audacious new theory of free will. This new theory, "Libertarian Compatibilism", holds that the physical world is an eternally existing array of two-dimensional information – a vast number of possible pasts, presents, and futures – and the mind a nonphysical entity or set of properties that (...) "read" that physical information off to subjective conscious awareness (in much the same way that a song written on an ordinary compact-disc is only played when read by an outside medium, i.e. a CD-player). According to this theory, every possible physical “timeline” in the multiverse may be fully physically deterministic or physically-causally closed but each person’s consciousness still entirely free to choose, ex nihilo, outside of the physical order, which physically-closed timeline is experienced by conscious observers. Although Libertarian Compatibilism is admittedly fantastic, I show that it not only follows from several live scientific and philosophical hypotheses, I also show that it (A) is a far more explanatorily powerful model of quantum mechanics than more traditional interpretations (e.g. the Copenhagen, Everett, and Bohmian interpretations), (B) makes determinate, testable empirical predictions in quantum theory, and finally, (C) predicts and explains the very existence of a number of philosophical debates and positions in the philosophy of mind, time, personal identity, and free will. First, I show that whereas traditional interpretations of quantum mechanics are all philosophically problematic and roughly as ontologically “extravagant” as Libertarian Compatibilism – in that they all posit “unseen” processes – Libertarian Compatibilism is nearly identical in structure to the only working simulation that human beings have ever constructed capable of reproducing (and so explaining) every general feature of quantum mechanics we perceive: namely, massive-multiplayer-online-roleplaying videogames (or MMORPGs). Although I am not the first to suggest that our world is akin to a computer simulation, I show that existing MMORPGs (online simulations we have already created) actually reproduce every general feature of quantum mechanics within their simulated-world reference-frames. Second, I show that existing MMORPGs also replicate (and so explain) many philosophical problems we face in the philosophy of mind, time, personal identity, and free will – all while conforming to the Libertarian Compatibilist model of reality. -/- I conclude, as such, that as fantastic and metaphysically extravagant as Libertarian Compatibilism may initially seem, it may well be true. It explains a number of features of our reality that no other physical or metaphysical theory does. (shrink)

People maintain a positive identity in at least two ways: They evaluate themselves more favorably than other people, and they judge themselves to be better now than they were in the past. Both strategies rely on autobiographical memories. The authors investigate the role of autobiographical memories of lying and emotional harm in maintaining a positive identity. For memories of lying to or emotionally harming others, participants judge their own actions as less morally wrong and less negative than those in which (...) other people lied to or emotionally harmed them. Furthermore, people judge those actions that happened further in the past to be more morally wrong than those that happened more recently. Finally, for periods of the past when they believed that they were very different people than they are now, participants judge their actions to be more morally wrong and more negative than those actions from periods of their pasts when they believed that they were very similar to who they are now. The authors discuss these findings in relation to theories about the function of autobiographical memory and moral cognition in constructing and perceiving the self over time. (shrink)

Andr ́e Weil viewed mathematics as deeply intertwined with metaphysics. In his essay ”From Metaphysics to Mathematics,” he illustrates how mathematical ideas often arise from vague, metaphysical analogies and reflections that guide researchers toward new theories. For instance, Weil discusses how analogies between different areas, such as number theory and algebraic functions, have led to significant breakthroughs. These metaphysical underpinnings provide a fertile ground for mathematical creativity, eventually transforming into rigorous mathematical structures. -/- Alexander Grothendieck’s work, particularly in ”R (...) ́ecoltes et Semailles,” resonates with Weil’s ideas by emphasizing the organic and generative aspects of mathematical creation. Grothendieck sees mathematical work as akin to cultivating a garden, where ideas grow and develop in a nurturing environment. He describes the process of mathematical discovery as a deeply personal and creative journey, involving both solitary reflection and collaborative effort. -/- Grothendieck’s concept of creating mathematical ”houses” aligns with his broader philosophical view that mathematics provides structures within which new ideas can flourish. His work in category theory and algebraic geometry exemplifies this approach, where he developed vast, interconnected frameworks that have become foundational in modern mathematics. Grothendieck’s analogy of constructing houses for others to live in highlights the mathematician’s role in creating abstract frameworks that others can inhabit and explore. This metaphor emphasizes the constructive nature of mathematics, where researchers build theoretical structures that form the basis for further exploration and application by the mathematical community. (shrink)

Intuitionism—in some form or another—is the most widely recognized and thoroughly discussed method of justification for moral theories. It rests on the claim that a moral theory must not deviate too much from our pre-theoretical moral convictions. In some form or another, this methodology goes back at least as far as Aristotle, and has been discussed, refined, and defended by such contemporary philosophers as John Rawls and Norman Daniels.There is, however, another methodology for constructing and defending moral theories. It (...) draws on premises about human nature or the nature of persons to support conclusions about the nature and structure of morality. This method—which I will call thenature to morality methodology—evaluates a moral claim or moral theory on the basis of its relation to some facts about the kind of beings we are. For brevity, I will use the term ‘nature-claims’ to refer to claims about human nature or the nature of persons, and the term ‘nature-facts’ to refer to true nature-claims. The nature-claims that have been used to support or criticize various moral theories include claims about human motivation, personal identity, the human soul, and the conceptual features of personhood or rational agency. (shrink)

In this article I offer a three-pronged defense of Millian theories, all of which share the rough idea that all there is to a proper name is its referent, so it has no additional sense. I first give what I believe to be the first correct analysis of Kripke’s puzzle and its anti-Fregean lessons. The main lesson is that the Fregean’s arguments against Millianism and for the existence of semantically relevant senses (that is, individuative elements of propositions or belief contents (...) that are sensitive to our varying personal conceptions of the referents of those elements) are viciously circular. Thus, the Fregean must give new arguments for her central claims. Second, I offer an original, positive argument for the Millian idea that the thoughts that Cicero was bald and that Tully was bald are identical. Incredibly, the argument appeals to nothing but highly intuitive, pre-theoretical principles regarding folk psychological usage—traditionally the source of Fregean intuitions. Third, I examine one of the most important recent papers on Kripke’s puzzle, that by David Sosa (1996). Sosa claims to have found a way to turn the tables on Kripke’s puzzle by using it to argue against Millian theories. I argue that Sosa’s argument on behalf of the Fregean is question-begging. I conclude that Millian theories can be seriously defended without any use of theoretical constructs such as guises or Russellian propositions, and Fregeans need to start over arguing for their theory’s central claims. (shrink)

This article argues that criminal law should not, in general, prevent the creation of artificially intelligent servants who achieve humanlike moral status, even though it may well be immoral to construct such beings. In defending this claim, a series of thought experiments intended to evoke clear intuitions is proposed, and presuppositions about any particular theory of criminalization or any particular moral theory are kept to a minimum.

We examine the Doubly Inflected Construction of Sicilian (DIC; Cardinaletti and Giusti 2001, 2003, Cruschina 2013), in which a motion verb V1 from a restricted set is followed by an event verb V2 and both verbs are inflected for the same person and tense features. The interpretation of DIC involves a complex event which behaves as a single, integrated event by linguistic tests. Based on data drawn from different sources, we argue that DIC is an asymmetrical serial verb construction (Aikhenvald (...) 2006). We propose an analysis of DIC in which V1 and V2 enter the semantic composition as lexical verbs, with V1 contributing a motion event and projecting a theme and a goal argument which are identified, respectively, with an agent and a location argument projected by V2. A morphosyntactic mechanism of feature-spread requires that the person and tense features be realized both on V1 and on V2, while, semantically, these features are interpreted only once, in a position from which they take scope over the complex predicate resulting from the combination of V1 and V2. The semantic analysis is based on an operation of event concatenation, defined over spatio-temporally contiguous events which share specific participants, and is implemented in a neo-Davidsonian framework (Parsons 1990). (shrink)

Against the enthusiasm for dialogue and deliberation in recent democratic theory, the Italian philosopher Roberto Esposito and French philosopher Jacques Rancière construct their political philosophies around the nondialogical figure of the third person. The strikingly different deployments of the figure of the third person offered by Esposito and Rancière present a crystallization of their respective approaches to political philosophy. In this essay, the divergent analyses of the third person offered by these two thinkers are considered in terms of (...) the critical strategies they employ. Contrasting Esposito’s strategy of “ethical dissensus” with Rancière’s strategy of “aesthetic dissensus,” it is argued that Esposito’s attempts to recruit the figure of the third person to dismantle the dispositif of the person are politically problematic, while Rancière’s alternative account of the third person is more promising for political theory and practice. (shrink)

Since the nineteen fifties many social theorists, religion specialists, and theologians have turned to general systems theory for insight into the nature of religion and its expressions. As an interdisciplinary perspective introduced by the biologist Ludwig von Bertalanffy and developed by the philosopher Ervin Laszlo and others, systems theory seeks common patterns of organization throughout the natural and cultural worlds. Because of its high level of generality, expressed in the relational principles of integration, adaptation, emergence, and hierarchy, systems (...) theory attempts to transcend artificial boundaries separating the sciences and the humanities. Advocates have claimed its value in interpreting a broad range of religious phenomena, including Christian theology and ethics, and Buddhist metaphysics and meditation. ;Religious studies has long struggled to integrate the competing contributions of the social sciences and phenomenology. A mediating proposal came in 1968 with Robert Bellah's cybernetic-systems theory of religion . An account of the common origins of systems theory and religious studies in nineteenth century thought , and a survey of representative literature between 1950 and 1985 , introduce a critique if specific methodological issues. ;The problem of functionalism is reinterpreted in terms of the adaptive self-regulation of open systems, and illustrated by three cybernetic theories of religion . The problem of historicism is reinterpreted in terms of the emergent self-organization of open systems, and illustrated by Talcott Parsons' action theory of religion and the theories of religious evolution of Bellah and D. T. Campbell . Reductionism is reconceived as the heuristic relationship of theoretical constructs in a hierarchy of open systems, and illustrated by theological conceptions of nature and meaning . ;In conclusion, the systems principle of integration is applied to the problems of personalism and pluralism, and illustrated in the personality theories of Bertalanffy, Koestler, Laszlo, and others. A systems theory of religious consciousness is shown to encompass the findings of religious studies broadly conceived: phenomenology and hermeneutics, social scientific theory, history of religions, philosophy of religion, and systematic theology. (shrink)

My central research focus over the past 30 years has been the articulation of what I call a radically temporal approach to philosophy. In the papers below, written between 2001 and 2022, I treat the varying ways in which radically temporal thinking manifests itself in the phenomenological perspectives of Edmund Husserl, Martin Heidegger and Eugene Gendlin. I also discuss Jacques Derrida's deconstructive project and George Kelly's personal construct theory as examples of radically temporal thinking. With the aim (...) of clarifying and further defining the nature of this family of orientations, I have delineated the important ways in which it differs from a range of interlinked approaches in philosophy and psychology that includes hermeneutic and radical constructivisms, social constructionism, 4EA (Embodied, Embedded, Enactive, Extended, and Affective) cognition, Merleau-Ponty's phenomenology of corporeal intersubjectivity, autopoietic self-organizing systems theory and American pragmatism. Among the authors whose work I have submitted to critique from the radically temporal perspective are: Francisco Varela (autopoietic self-organizing systems), Shaun Gallagher, Evan Thompson, Matthew Ratcliffe, Maxine Sheets-Johnstone, Dan Zahavi, Hanne De Jaegher, Michel Bitbol, Thomas Fuchs (enactive, embodied ('4EA') cognition), Gilles Deleuze (Deleuzian biopolitics), Ken Gergen and John Shotter ( social constructionism), Kym Maclaren ( critical phenomenology) and Jan Slaby (critical neuroscience). I argue that these authors' accounts of the relation between affect, motivation and intention, attention , reflective and pre-reflective self-consciousness, the basis of mathematical naturalism and sensori-motor models of behavior, and the relation between the body, language and culture remain burdened by traditional presuppositions that the radically temporal philosophies of Heidegger et al put into question. (shrink)

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

Having positive moral traits is central to one’s sense of self, and people generally are motivated to maintain a positive view of the self in the present. But it remains unclear how people foster a positive, morally good view of the self in the present. We suggest that recollecting and reflecting on moral and immoral actions from the personal past jointly help to construct a morally good view of the current self in complementary ways. More specifically, across four (...) studies we investigated the extent to which people believe they have changed over time after recollecting their own moral or immoral behaviors from the personal past. Our results indicate that recollecting past immoral actions is associated with stronger impressions of dissimilarity and change in the sense of self over time than recollecting past moral actions. These effects held for diverse domains of morality (i.e., honesty/dishonesty, helping/harming, fairness/unfairness, and loyalty/disloyalty), and they remained even after accounting for objective, calendar time. Further supporting a motivational explanation, these effects held when people recollected their own past actions but not when they recollected the actions of other people. (shrink)

This essay presents the normative foundation of W.E.B. Du Bois’s constructivist theory of justice in three steps. First, I show that for Du Bois the public sphere in Anglo-European modern states consists of a dialectical interplay between reasonable persons and illiberal rogues. Second, under these nonideal circumstances, the ideal of autonomy grounds reasonable persons’ deliberative openness, an attitude of public moral regard for others which is necessary for constructing the terms of political rule. Though deliberative openness is the essential (...) vehicle of construction, reasonable persons only have a pragmatic political obligation to forge ties of deliberative reciprocity with likeminded persons whom they trust will listen and not harm them. Finally, I present Du Bois’s defense of black suffragists’ support of the 19th Amendment to illustrate pragmatic political obligation in action. I sketch successful democratic engagement that reconstitutes a nonideal public sphere. (shrink)

In this paper it is shown how a formal theory of interpretation in Montague’s style can be reconciled with a view on meaning as a social construct. We sketch a formal theory in which agents can have their own theory of interpretation and in which groups can have common theories of interpretation. Frege solved the problem how different persons can have access to the same proposition by placing the proposition in a Platonic realm, independent from all (...) language users but accessible to all of them. Here we explore the alternative of letting meaning be socially constructed. The meaning of a sentence is accessible to each member of a linguistic community because the way the sentence is to be interpreted is common knowledge among the members of that community. Misunderstandings can arise when the semantic knowledge of two or more individuals is not completely in sync. (shrink)

In this article, author expressed the meaning of “belief”, possible effective factors in human life, and how these factors can be effective on person and/or communities. With this respect, the meaning of religion, the possible interaction and relation between religion and science evaluated. 42 past/present theories of religion and evaluation of the past/present works of the 87 philosophers of religion are explained. Author considered new synthesis (R-Synthesis), and also new era philosophy, new and re-constructed branches of philosophy, and some systems/constructions (...) to express the new perspective for philosophy of religion. Author applied 27(+) possible definitive/certain result cases of the synthesis for R-Religion discipline specifically, and did the followings under new perspective: (i) eliminated some religious subjects, (ii) unified some religious subjects, (iii) modified some religious subjects, (iv) united some religious subjects in upper phase, (v) separated some religious subject, (vi) defined all religious subjects under one framework, (vii) integrated all religious subjects, (viii) defined new religious subjects, (ix) re-defined some religious subjects, (x) removed some religious subjects and put new religious subjects instead, (xi) added some religious subjects, (xii) kept/protected some religious subjects, (xiii) proposed progression for religious subjects, (xiv) changed the priority of some religious subjects, (xv) increased the importance of some religious subjects, (xvi) strengthened the ethics, (xvii) integrated philosophy branches under one framework, (xviii) others. Some of the purposes of this article are: (i) to define new synthesis method, (ii) to define good and/or correct new perspective and structure for philosophy of religion, science of religion, theories of religion, and related subjects, (iii) to extend the definition/limits of philosophy of religion with new perspective, (iv) others. As result of the synthesis, new perspective for philosophy of religion explained by considering the following concepts/sections: (a) theories of religion, (b) 17 upper constructional philosophies and philosophy of religion, (c) eight complementary branches of philosophy of religion, (d) 14 lower constructional philosophies and philosophy of religion, (e) science of religion, (f) new theory of religion and its relations with other disciplines. Author defined New Era Theory, New Era Religion, New Era Belief, Progressive Religion and their relations with other religions, beliefs, religious/non-religious movements, and the relation with other theories of religion. Also, power authorities and functional position levels in the New Era Belief, and Religion of God, Knowledge of God/gods, Nature of God/gods concepts are explained generally/specifically. (shrink)

Welcome to my philosophy page. My central research focus is the elucidation of what I call the radically temporal approach to philosophy. In the papers below I endeavor to articulate the varying ways that radical temporality manifests itself in the phenomenological perspectives of Edmund Husserl, Martin Heidegger and Eugene Gendlin. I also discuss Jacques Derrida’s deconstructive project and George Kelly’s personal construct theory as examples of radically temporal thinking. With the aim of clarifying and further defining the (...) nature of this orientation , I have delineated the important ways in which it differs from a range of interlinked approaches in philosophy and psychology that includes hermeneutic and radical constructivisms, 4EA (Embodied, Embedded, Enactive, Extended, and Affective) cognition, Merleau-Ponty’s phenomenology of corporeal intersubjectivity, autopoietic self-organizing systems theory and American pragmatism. Among the authors whose work I have submitted to critique from the radically temporal perspective are: Francisco Varela (autopoietic self-organizing systems), Shaun Gallagher, Evan Thompson, Matthew Ratcliffe, Maxine Sheets-Johnstone, Dan Zahavi, Hanne De Jaegher, Thomas Fuchs (enactive, embodied ('4EA') cognition), John Protevi (Deleuzian biopolitics), Kym Maclaren ( critical phenomenology) and Jan Slaby (critical neuroscience). -/- I argue that these authors’ accounts of intersubjectivity and empathy, and their integration of affect, motivation, intentionality and will, remain burdened by traditional presuppositions that the radically temporal philosophies of Heidegger et al put into question. -/- . (shrink)

Kant is regarded as the spokesman of the contemporary declaration of human rights and the forerunner of global citizenship theory. However, this noble image has been questioned by critics for his comment of empirical racial hierarchy stated in the pre-critical period: Kant’s moral law applies only to the white race with the “full personality”. Around the question of whether Kant’s pure moral philosophy was impregnated by his racist view, the defenders of Kant either adopt the negative defense strategy of (...) affirming the transcendental moral philosophy and negating the racial thought, or try to justify the consistency of Kant’s theory from the perspective of his later philosophy of right. The deficiency of these two justifications is that they do not directly deal with the relationship between moral philosophy and race theory. When Kant developed a mature moral theory in the mid-1780s, he also constructed a systemically mature race theory under the guidance of teleology principles to defend the unity of mankind in a different world. This theory can be used as the explanatory basis to prove the universality of Kant’s moral philosophy, which reflects the deep correlation between moral philosophy and race theory. From this perspective, it can not only make up for the lack of defenders and respond to the critics’ doubts, but also portray a consistent egalitarian image of Kant. (shrink)

Purpose – With the growing demand for ethical standards in the prevailing business environment, ethical leadership has been under increasingly more focus. Based on the social exchange theory and social learning theory, this study scrutinized the impact of ethical leadership on the presentation of ethical conduct by employees through the ethical climate. Notably, this study scrutinized the moderating function of the person organization fit (P-O fit) in relation to ethical climate and the ethical conduct of employees. -/- Design/methodology/approach (...) – To evaluate the research hypotheses, two-wave data were collected from 295 individuals who are currently employed in various Iraqi organizations (i.e. manufacturing, medical, and insurance industries). -/- Findings – In line with the hypotheses, the outcomes from a sample of 295 workers working in different Iraqi entities exhibited a positive relationship between the ethical behavior of leaders and the ethical conduct of employees in the ethical climate. Moreover, it was observed that the P-O fit of employees moderated the relationship between ethical climate and the ethical conduct of employees such that the relationship was more robust for those with a high P-O fit in comparison to those with a low P-O fit. -/- Research limitations/implications – The primary limitation of this study is in the data, which was obtained from a single source. Although the study conducted two surveys and utilized a mediation and moderation variables model that was less likely to be influenced by common method bias (CMB) (Podsakoff et al., 2012), one cannot completely rule out CMB. Apart from the potential effects of the CMB, the consistency of the empirical findings could have also been compromised since self-reported data were utilized in measuring ethical behavior, which can be a very complex and sensitive issue. For this reason, the social desirability response bias cannot be ruled out completely. When possible, future studies must gather data from multiple sources. Furthermore, supervisors must evaluate the ethical behavior of employees. Another limitation was that the findings of this study were based on a sample in a Middle Eastern cultural context such as in Iraq. Perhaps, the particular cultural features of this context, which encompassed, among other things, strong adherence to religious values (Moaddel, 2010), could have influenced the findings of this study. It is true that the effects of differences (P–O fit) are highly likely to replicate across cultural contexts (Triandis et al., 1988). However, it can be seen that further studies are needed to evaluate the context-sensitivity of these findings (Whetten, 2009) by analyzing other cultures, where the importance of religiosity is on the decline (i.e. in Western countries, Ribberink et al., 2018) or where the cultural features are very much different from those that apply to Iraq. Lastly, other external factors were not taken into account by this study as it tried to explain ethical behavior. Ethics is a highly complex subject and is influenced by numerous variables at the organizational, individual, and external environment levels. Thus, caution must be observed when making inferences from the present study which, to a certain degree, offered a simplified version of ethical behavior by concentrating on a few variables such as the Arab culture’s traditional ideology, which dominates even science (Abu Khalil, 1992). In addition, there are political conflicts in the Middle Eastern cultural context such as what is happening in Iraq (Harff, 2018). Thus, it is important to include such aspects in future researches. -/- Practical implications – In terms of management, the findings send a clear signal to those in the upper echelon that, without ignoring the issue of ethics in organizations, employees are a critical aspect to be taken into account to encourage ethical behavior at the workplace. This study has important practical implications. First, this study determined that ethical leadership (here, of the supervisors) positively influences the behavior of subordinates (refers to the supervisors here); this, in turn, further improves the ethical behavior of employees. It is vital that managers or supervisors are motivated to practice ethical leadership because they directly influence the employees. It has been suggested that top managers, especially chief executive officers, have the ability to shape the ethical climate, which also influences the ethical behavior of employees further. This study offered several feasible ways that managers can apply to achieve that. In particular, top managers may utilize the ethical climate as a way of communicating the ethical values that they have to their subordinates, thereby serving as a motivation for the subordinates to adopt ethical behavior. It was also suggested by this study that ethical climate and the P–O fit may, to some degree, substitute each other as they influence the ethical behavior of employees. Therefore, firms that were identified to have a low level of ethical standards, practices, and policies, at least from the employees’ perspective, are better poised to conduct ethical issues in order to construct the ethical behavior of their subordinates. More importantly, it is highly essential that the value congruence between an organization and its followers be considered. -/- Social implications – This study highlighted the notion of ethics and how it’s essential for society. Ethics refers to the norms, standards, and values that direct the behavior of an individual. Ethical behavior is vital in society because we need to be treated with respect as human beings. -/- Originality/value – This study responds to recent calls for more research to identify factors that may strengthen or mitigate the influence of ethical behavior in the workplace such as ethical leadership, ethical climate, and Person–Organization. (shrink)

The Yogyakarta Principles for the application of human rights to sexual orientation and gender identity define gender identity as “each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body and other expressions of gender, including dress, speech, and mannerisms.” This definition and its acknowledgment within human rights politics is a key step in the fight of trans people for legal protection. (...) Our aim is to analyze this definition both historically and systematically to find out how the Western liberal conception of rights fosters specific trans politics and limits the options for others. Specifically, we claim that political liberalism and the form of subjective rights that it brings about influence concepts of identity and political strategies. While we analyze the limits of the liberal framework, our aim is to think about how it is possible that even within this framework, non-normative bodies and queer identities can be acknowledged and supported through law. (shrink)

Ideologies, worldviews, or simply personal theories, often acquire a distorted and pathological character, and become a factor of alienation rather than an epistemic resource and an aid for personal existence. This paper attempts to better define the limits and characteristics of this experience, which we call distorted intellectual beliefs, or general conceptual beliefs (GB), while trying to highlight both its sometimes dramatic background and its personal and social consequences, which are no less potentially deleterious. We believe that (...) such experiences should not be confused tout court with a broader and more complex phenomenon, such as extremism and politico-religious radicalism, but are a specific typology of that broader and multifaceted fact that is self-deception. We hypothesize that the self-deception implicit in experiences of intellectual distortion produces a cognitive dissonance of which the subject is normally, though with varying intensity, aware (or may become aware through honest introspection). The phenomenon occurs in two forms: one is normal (sporadic), the other is exceptional (systematic). The passage from one to the other is a complex process of escalation and de-escalation, on which multiple external and internal variables act. In its ascending path, it essentially coincides with a process of psychological polarization and cognitive "de-pluralization", while its descending phase marks a return to reality and a "re-pluralization", where the subject returns to being what he basically is, namely, an active and tireless meaning seeker. In the central part of the chapter, similarities and differences between processes of deradicalization and phenomena of religious deconversion are analyzed, with reference, among others, to the case of the Austro-Hungarian writer Arthur Koestler. -/- An abridged version of this text has been delivered for the Workshop "Explaining Extreme Belief and Extreme Behavior", September 15-16, 2022, Vrije Universiteit Amsterdam. I am grateful to David Konstan (NYU) for reading and commenting on a first version of this chapter and to Rik Peels (VUA) for his comments and questions during the Workshop. I would also like to thank my bachelor's and master's students at UDG, who discussed these topics at length with during semester 2022-B. (shrink)

In an effort to construct a plausible theory of experience-based welfare, Wayne Sumner imposes two requirements on the relevant kind of experience: the information requirement and the autonomy requirement. I argue that both requirements are problematic.First, I argue (very briefly) that a well-know case like ‘the deceived businessman’ need not support the information requirement as Sumner believes. Second, I introduce a case designed to cast further doubt on the information requirement. Third, I attend to a shortcoming in Sumner’s (...) theory of welfare, namely that it is unclear which of later and informed assessments are to be treated as authoritative when it comes to the evaluation of a person’s welfare. Finally, I suggest that, in combination with ‘welfarism’ (to which Sumner subscribes, and which has it that welfare is all that matters from a moral viewpoint), the information requirement entail morally troublesome conclusions: e.g. the conclusion that, from a moral point of view, we should, other things being equal, only to be concerned with the alternative that makes one person slightly better off in respect of welfare instead of also being morally concerned with the alternative that makes one person very happy. (shrink)

This essay concerns a philosophical examination of the nature of mind and the relevant implications for mental health. Traditionally, realism and constructivism are regarded as two contrastive positions in explaining the nature of mind. While realists take discovery of reality as the main function of mind, constructivists regard it as creation of reality. Hence, epistemologically, realists emphasize on correspondence to reality as the criterion of validity or truth of the mind's contents, whereas constructivists regard the inner coherence of constructs as (...) the main criterion. inner coherence of constructs or resolving inner conflicts; capability of constructs for adaption to problematic situations; and correspondence to reality as an ideal in the long run are the discussions and aims of this paper. (shrink)

We argue for the possibility of validating the presence of consciousness in another person from a perspective that blends both, a third-person approach of coming close to, observing, and understanding the other; and a first-person assessment of how the experience of the other feels like. For this, we will need to explain how the line between the third-person and first-person approaches is blurred in some methodological approaches. We rest our position largely on the back of some seminal conclusions of the (...) meditations of Ren\'e Descartes and other theories concerning consciousness like Chalmers' naturalistic dualism and, to some secondary extent on Integrated Information Theory (IIT). Additionally, we describe fundamental contextual principles already developed in the literature and the arts (like Stanivlaski's Acting System), and then we use them for setting a suitable methodology that we feel can be used to validate the presence of others' conscious experiences in one's consciousness (at suitable periods of spacetime). Finally, we give general methodological guidelines for the construction of the concrete experiment and we explore very briefly the potential implications of this kind of research in other academic and non-academic settings. (shrink)

Linda Trinkaus Zagzebski believes that a comprehensive moral theory can be constructed by identifying moral exemplars and by investigating (to put it very roughly) what it is that makes them tick. We identify moral exemplars by direct reference to persons we admire "upon reflection." Moral exemplars are persons like that. Two emotions will play a central role in this type of moral theory: admiration, and its opposite, contempt. Zagzebski's theory proceeds by rough analogy with a physical (...) class='Hi'>theory that identifies instances of water and then goes on to investigate the physical make-up of the natural kind, water. But an even better comparison, as she says, is to a community of linguistic users which identifies various instances of tigers, say, and then goes on to investigate the (possibly evolving) referent of the species-term "tiger." Zagzebski provides an engaging, illuminating, and deeply human discussion of how the details of this exemplarist approach, with its investigation into the psychological make up of moral exemplars, might be developed. (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)

Once I had explored the research issue of North and South unification with a focus on the legal integration for uniform constitution and various statutes. It pushed me to deal with a big question, and looked like a semi-textbook with an inchoate idea and baby theory upon the completion of research project. The literature review thankfully had allowed the space of creativity and originality of my work product, and can also be a typical way of foreign graduate legal researchers (...) in the process of his dissertation work. They would be beneficial with new statutes and codes, for example, from the Korean Congress, that are enacted recently, which would be their research topic certainly original and contributive. This could be viewed as one of qualitative enclaves enmeshed into a larger scope of qualitative inquiry. This interplay is fairly consequential in excavating a new knowledge and research findings. It could be aboriginal -- one trait word to characterize the qualitative studies-- from the viewpoint of host country, but became original as a crop to expand the horizon of new knowledge. I have once argued that the quantitative studies are on generality of subjects and commonness for involved strands. This profile would vary that the qualitative studies tend to be strong with the story and enclaves. The e-age and rapid compression of space with the development of telecommunication technology also factor to change a paradigm of knowledge and research activities. At least, the contemporary society certainly would be more specific as if we can trace a person with the satellite spotting and the electronic identifier on the leg of sex criminals in Korea guarantees to be safeguarded from his potential danger. That may be favorable concerning the elements and environments of qualitative studies. For example, we may follow up by comparing the research work of Korean statute with the e-government of Korea displaying the statute. We can entertain many on-line sources of information and stories with the dissertations of aboriginal culture. With my time on the qualitative studies, I came across the nocebo effect illustrated with the fear of MERs-CoV in Korea. The effect looks into the negative dimension of human mind and his personality, which could aggravate the current challenge of national crisis, June, 2015. Paradoxically, the nocebo effect can be said to characterize the qualitative context of inquiry. As Freud suggested, the vast of human element is of unexplainable dimension that is less easily quantifiable or generizable over the population (Broome, 2010). This does not say that the continental researchers had been affected with a late nationalization or late development of region leaving them to search for an ego. This is to say that the qualitative studies could explain the part of truths for the universe and human. The researchers interested in deep knowledge could employ their method, but in ethics, who would not vulture the objects of his theme and conduct on due scientific ground. (shrink)

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

One of the leading exponents of W's ideas on the language games of inner and outer (the `Two Selves' operation of our personality or intentionality or EP etc.) is the prolific Daniel Hutto (DH). His approach is called `Radical Enactivism' and is well explained in numerous recent books and papers (see my review of Radicalizing Enactivism) and a new one is appearing as I write (Evolving Enactivism). It is a development of or version of the Embodied Mind ideas now current (...) and, cleansed of its jargon, it is a straightforward extension of W's 2nd and 3rd period writings (though Hutto seems only intermittently aware of this). -/- Unfortunately, in 2006 Hutto had not yet arrived at his Radical Enactivism, so much time is wasted on McDowell and Brandom and of course none of them to this day have totally digested the later W and his prescient analysis of automatic behavior and the two systems of thought - so fully in tune with contemporary research. Nor is there any discussion of Searle's groundbreaking and completely Wittgensteinian (unwittingly) disquisitions on the Construction of Social Reality. Thus, his chapters 5 and 6 on Realism and Idealism etc., though superb for 2002, need a complete rewrite from a modern two systems viewpoint and I provide a start on that in my review. Much time is wasted on Davidson and Williams, etc. but one can endure them for Hutto's brilliant analyses and the frequent quotes from W. The last chapter gives his critic Rupert Read the counterblast he deserves and permits a slight update to 2006. Overall a lovely book and I eagerly await the third edition which I hope will ensue. -/- Those wishing a comprehensive up to date framework for human behavior from the modern two systems view may consult my book ‘The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle’ 2nd ed (2019). Those interested in more of my writings may see ‘Talking Monkeys--Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet--Articles and Reviews 2006-2019 3rd ed (2019) and Suicidal Utopian Delusions in the 21st Century 4th ed (2019). (shrink)

The twentieth century in legal education began with Dean Roscoe Pound of Harvard Law School demanding that law take broader perspectives. The time had arrived for sweeping changes in how judges judged, law professors taught, and lawyers practiced. For thirty years Roscoe Pound labored tirelessly in the design of a "Sociological Jurisprudence." Toward the end of Pound's twenty years as Dean of Harvard Law School, Karl Llewellyn of Columbia Law School crafted a second perspective on law, which he called "Legal (...) Realism". Pound retired from his role as Dean in 1936. In 1935 the German Scholar Ludwig Fleck published a work which studied the nature of science, and articulated important precepts and maxims about how the structure of science precluded innovation and creative design. By 1963 Thomas Kuhn published a sequel to Fleck's work titled "The Structure of Scientific Revolutions." Kuhn endeavored to set the contours of science which could be identified as constraints to the formation of new knowledge. ;Roscoe Pound and Karl Llewellyn set out to bring the American legal process forward by monumental steps in how law was taught and practiced. American legal education up to the late nineteenth century was a system of apprenticeships. Young men paid law firms to gain experience in the law. Their time was sold for more than they were paid, and law firms enjoyed the benefits of the apprenticeship system. Today, law schools approved by the American Bar Association prepare and graduate candidates for licensing exams. Thirty percent of those are not prepared to be examined, and fail the state bar exams. ;This thesis explores the process used by Pound to create his "Sociological Jurisprudence," examines Pound's biographical and personal history, studies his design process, then articulates qualitative design questions and policy recommendations for improvements in the construction of new legal paradigms and academic policy for law school graduates. By comprehending how difficult change is in design though understanding Fleck and Kuhn's constructions of paradigmatic constraints, a path is carved to forward new scholarship representative of Pound and Llewellyn's skills and abilities. (shrink)

This chapter summarizes the conceptual foundations and research on emotional creativity. Emotional creativity is defined as a pattern of cognitive abilities and personality traits related to originality and appropriateness in emotional experience. This construct pervades human creative performance and represents an important link between emotional experience and cognitive processes. Empirical research in this field has revealed various links of emotional creativity to personality variables (e.g., openness to experience), positive affect, fantasy proneness, coping strategies, post-traumatic growth, better self-understanding, and one’s (...) engagement in practicing creative leisure activities. In the applied settings, emotional creativity has been found to be positively related to the intrinsic motivation of employees, the innovative performance of employees, teaching efficacy, and an increased awareness of professional roles. Interestingly, the available meta-analysis of past studies revealed that women showed significantly higher emotional creativity than men. Emotional creativity has also been found to be lower in older adulthood compared to younger age. Because the levels of emotional creativity were found to be sensitive to the decline of cognitive functions in older adults, their decrease can be considered as one of the indicators of cognitive aging. Recent research in clinical neuropsychology has also revealed that older adults in the early stages of Parkinson’s disease showed decreased emotional creativity compared to healthy older adults. (shrink)

In considering relations between science and theology, the discussion of the Big Bang model plays a significant role. Amongst the sources of this model there are not only scientific achievements of recent decades taken as objective knowledge as seen in modern methodology, but also many non-scientific factors. The latter is connected with the quite obvious fact that the authors, as well as the recipients of the Model, are people who are guided in their activity - including obtaining their rational knowledge (...) - by non-rational motives. Those motives appear on the one hand in the very process of creation of the Model. Different scientific theories as well as unverified hypotheses are being joined in one "picture" called The Standard Model. It seems that it is being done on the grounds of various factors that lie outside the field of science. Among them there are the different convictions of the persons constructing this view of the world. However, those convictions, commonly shared by the authors and recipients of the Model, are not based on the rational criterion of scientific knowledge. On the other hand, the Big Bang model may be interpreted in opposite ways by its recipients. The influences of religious and other beliefs are so essential, that they may lead to extremely different conclusions though based on the same ground. It is demonstrated that, due to the epistemological status of cosmology, such a situation is inevitable, and no final verdict with regard to the idea of the cause of the world can be reached. (shrink)

""Kelly’s constructive epistemology needs to transcend its background of instrumentalism arising from Dewey’s influence. What enables us to well avoid instrumentalism is a notion of truth that incorporates both coherence and correspondence. If we were to abandon coherence, we would have to embrace the naïve conception of realism, while by abandoning correspondence we would have to embrace instrumentalism because we would have to consider the workability of a theory or a construction system and its coherence with previously successful ones (...) as constituting the truth of a given theory or construction system. Such a realistic constructivism provides a more satisfactory conception of personal constructs. According to this view, we no longer think that personal constructs are either true or false, rather they are divided into true and false in accordance with the grasp of reality reflected in our best theories. In other words, having provided a theory of truth, we are ready to compare different personal constructs with the grasp of reality involved in the theory in terms of their correspondence with that grasp. Furthermore, this conception of constructivism makes it possible to talk of the approximation of personal constructs to reality. Having provided a conception of correspondence, not only have we avoided instrumentalism, but also talking of approximation makes more sense. This is because our best theories provide an account of the world with reference to which we can talk of more or less approximate personal constructs. In this sense, more valid personal constructs are those that are more approximate, that is, more correspondent to the reality. (shrink)

Virtue theories can plausibly be argued to have important advantages over normative ethical theories which prescribe a strict impartialism in moral judgment, or which neglect people’s special roles and relationships. However, there are clear examples of both virtuous and vicious partiality in people’s moral judgments, and virtue theorists may struggle to adequately distinguish them, much as proponents of other normative ethical theories do. This paper first adapts the “expanding moral circle” concept and some literary examples to illustrate the difficulty of (...) adequately distinguishing virtuous from vicious partiality. Later sections aim to show how an adequate philosophical ethics will be able to both a) attribute virtue (and hence praiseworthiness) to agents whose actions may directly serve only their special interests, roles, or special relationships; and b) attribute vice (and hence censure) where an agent’s attitudes and/or actions mirror known personal biases (for instance, an egoistic attitude) or social biases (for instance, and ethnocentric attitude). This dual ability leaves space for much virtuous partiality, while also reflecting a “risk-aware” approach, recognizing the deleterious consequences of our human penchant for constructing and imbuing moral significance to oftentimes factitious us/them dichotomies. (shrink)

Desire-based theories of well-being claim that a person's well-being consists of the satisfaction of her desires. Many of these theories say that well-being consists of the satisfaction of desires that she would have if her desires were "corrected" in various ways. Some versions of this theory claim that the corrections involve having "full information" or being an "ideal observer." I argue that well-being does not depend on what one would desire if she were an “ideal observer.” Rather, it depends (...) on what she would desire if she had as much information as she could have and still maintain her identity as the particular person she is. The paper attempts to spell out this suggestion by constructing a notion of integrity. Roughly, integrity is preserved if one’s most central projects, commitments, and character traits are left in tact. I argue that desire-based theories of well-being should define well-being in terms of the satisfaction of those desires that one would have if one’s epistemic situation were idealized as much as would be consistent with maintaining her integrity. (shrink)

Following John Rawls, nonideal theory is typically divided into: (1) “partial-compliance theory” and (2) “transitional theory." The former is concerned with those circumstances in which individuals and political regimes do not fully comply with the requirements of justice, such as when people break the law or some individuals do not do their fair share within a distributive scheme. The latter is concerned with circumstances in which background institutions may be unjust or may not exist at all. This (...) paper focuses on issues arising in transitional theory. In particular, I am concerned with what Rawls’ has called “burdened societies," that is, those societies that find themselves in unfavorable conditions, such that their historical, social or economic circumstances make it difficult to establish just institutions. The paper investigates exactly how such burdened societies should proceed towards a more just condition in an acceptable fashion. Rawls himself tells us very little, except to suggest that societies in this condition should look for policies and courses of action that are morally permissible, politically possible and likely to be effective. In this paper I first try to anticipate what a Rawlsian might say about the best way for burdened societies to handle transitional problems and so move towards the ideal of justice. Next, I construct a model of transitional justice for burdened societies. Ultimately, I argue for a model of transitional justice that makes use of a nonideal version of Rawls’ notion of the worst-off representative person. (shrink)

In this paper, we propose a mathematical model of subjective experience in terms of classes of hierarchical geometries of representations (“n-awareness”). We first outline a general framework by recalling concepts from higher category theory, homotopy theory, and the theory of (infinity,1)-topoi. We then state three conjectures that enrich this framework. We first propose that the (infinity,1)-category of a geometric structure known as perfectoid diamond is an (infinity,1)-topos. In order to construct a topology on the (infinity,1)-category of (...) diamonds we then propose that topological localization, in the sense of Grothendieck-Rezk-Lurie (infinity,1)-topoi, extends to the (infinity,1)-category of diamonds. We provide a small-scale model using triangulated categories. Finally, our meta-model takes the form of Efimov K-theory of the (infinity,1)-category of perfectoid diamonds, which illustrates structural equivalences between the category of diamonds and subjective experience (i.e.its privacy, self-containedness, and self-reflexivity). Based on this, we investigate implications of the model. We posit a grammar (“n-declension”) for a novel language to express n-awareness, accompanied by a new temporal scheme (“n-time”). Our framework allows us to revisit old problems in the philosophy of time: how is change possible and what do we mean by simultaneity and coincidence? We also examine the notion of “self” within our framework. A new model of personal identity is introduced which resembles a categorical version of the “bundle theory”: selves are not substances in which properties inhere but (weakly) persistent moduli spaces in the K-theory of perfectoid diamonds. (shrink)

It may be a myth that Plato wrote over the entrance to the Academy “Let no-one ignorant of geometry enter here.” But it is a well-chosen motto for his view in the Republic that mathematical training is especially productive of understanding in abstract realms, notably ethics. That view is sound and we should return to it. Ethical theory has been bedevilled by the idea that ethics is fundamentally about actions (right and wrong, rights, duties, virtues, dilemmas and so on). (...) That is an error like the one Plato mentions of thinking mathematics is about actions (of adding, constructing, extracting roots and so on). Mathematics is about eternal relations between universals, such as the ratio of the diagonal of a square to the side. Ethics too is about eternal verities, such as the equal worth of persons and just distributions. Mathematical and ethical verities do both constrain actions, such as the possibility of walking over the seven bridges of Königsberg once and once only or of justly discriminating between races. But they are not themselves about action. In principle, neither mathematical nor ethical verities are subject to historical forces or disagreement among tribes (though they can be better understood as time goes on). Plato is right: immersion in mathematics induces an understanding of the necessities underpinning reality, an understanding that is essential for distinguishing objective ethics from tribal custom. Equality, for example, is an abstract concept which is foundational for both mathematics and ethics. (shrink)

In this paper we study the connection between the use of evaluative language and the building of both personal and social identities, from the perspective of Dynamical System Theory . We primarily discuss two issues: 1) The use of evaluation (in the sense given to the term by Alba-Juez and Thompson (forthcoming)) as a means to the construction of both individual and group identities, thus exploring how the connection between linguistic choices and social identities is shaped by interactional (...) needs for stancetaking. In order to illustrate this connection, we examine examples of the use of evaluative language in a web social network, and we analyze some of the discourse elements showing ways of positioning that act as catalysts for the emergence of a multifactorial dynamic system of identities. 2) The consideration of Dynamical System Theory (DST) as a theoretical framework for the modeling of language and identity. Although originally a mathematical theory, DST has been adopted by cognitive science as a valid framework for the study of cognitive phenomena, on the grounds that natural cognition is a dynamical phenomenon. Within the realm of (socio) linguistics and pragmatics, this study is to a certain degree in line with some recent studies such as Gibbs (2010), Geeraerts, Kristiansen and Peirsman (2010), or Moreno Fernández (2012). Thus, we herein focus on how linguistic evaluation intervenes in the intricate dynamical system of identity, and even though we do not engage in complex mathematical disquisition, we argue that the idea and philosophical foundation underlying DST can lead us towards the ‘integration’ of the complex equation of identity construction, and that consequently the field has great potential for further research. (shrink)

Autism Spectrum Condition presents a challenge to social and relational accounts of the self, precisely because it is broadly seen as a disorder impacting social relationships. Many influential theories argue that social deficits and impairments of the self are the core problems in ASC. Predictive processing approaches address these based on general purpose neurocognitive mechanisms that are expressed atypically. Here we use the High, Inflexible Precision of Prediction Errors in Autism approach in the context of cultural niche construction to explain (...) atypicalities of the relational self, specifically its minimal, extended, and intersubjective aspects. We contend that the social self in ASC should not be seen as impaired, but rather as an outcome of atypical niche construction. We unpack the scientific, ethical, and practical consequences of this view, and discuss implications for how the challenges that autistic persons face should be approached. (shrink)