This Paper addresses the problem of statelessness, a problem which remains despite treaties and judicial decisions elaborating distinct rules to protect stateless persons. I explain why this has been so. Drawing from the work of Bernhard Waldenfels, I argue that international and domestic courts have presupposed a territorial sense of space, a territorial knowledge and the founding date for the territorial structure of a state-centric international legal community. I then focus upon the idea that an impartial third party can resolve (...) a dispute involving stateless persons by deferring to a universal rule. I call the third party the ‘rule of law third’. Such a rule, I argue, presupposes a presupposed knowledge over stateless persons. The Third takes for granted the territorial boundary of a legal structure, a boundary which excludes the recognition of outsiders to the boundary. (shrink)

This study is about the Quality. Here I have dealt with the quality that differs significantly from the common understanding of quality /as determined quality/ that arise from the law of dialectics. This new quality is the quality of the quantity /quality of the quantitative changes/, noticed in philosophy by Plato as “quality of numbers”, and later developed by Hegel as “qualitative quantity. The difference between the known determined quality and qualitative quantity is evident in the exhibit form of these (...) two qualities. The exhibit form of the known determined quality from the law of dialectics /or it transformation/ is related with discreteness and abrupt changes. The exhibit form of the qualitative quantity /and it transformation/ is related with the continuity and gradual transition from one condition, to a different condition, without any abrupt changes. In my paper “Quality of the quantity”, I have argued that one of the most ancient implementation of quality of the number can be found in the dimensional mathematical model of point – line – surface – figure - introduced by Plato. The most whole presentation of the idea of quality of number in Plato is embeded in his teaching about the "eidical number". The quality of the quantity emerges as criteria for recognizing the difference between the eidical numbers and natural arithmetical number. The thesis concerning Plato is based on the The Unwritten Doctrine of Plato and one of the most original works in the history of philosophy written in the 20th century - “Arete bei Platon und Aristoteles” – “Arete in Plato and Aristotle” /Heidelberg 1959/ written by Hans Joachim Krämer. The new quality as the quality of the quantity /quality of the quantitative changes/, first noticed in philosophy by Plato as “quality of numbers” was developed in Hegel as “qualitative quantity”. Hegel proclaimed the Qualitative quantity, or Measure in the both of his Logics -The Science of Logic / the Greater Logic/ and The Lesser Logic/ Part One of the Encyclopedia of Philosophical Sciences: The Logic. In my paper I have offered the arguments that the concept of quality of the quantity should be enhanced with the adopted methodological approach of analogy with an implementation in the field of the Topology - Analysis Situs, developed by the Jules Henri Poincare. In the topology we could see homeomorphism as exhibit form of Quality on the Quantity. The explicit form of the quality of the quantity transformation is the continuous deformation – typically known in topology as homeomorphism. The concept of qualitative quantity is linked with the concept “structural stability” and nonequilibrum phase transition. The concept of structural stability is related with the topological homeomorphism. In his book “Synergetics: Introduction and Advanced Topics” /Springer, ISBN 3-540-40824/, in the Chapter 1.13. Qualitative Changes: General approach, p. 434-435, Hermann Haken explores and illustrate the structural stability with an example /figure 1.13, p.434/ given by of D'Arcy W. Thompson, the Scottish biologist, mathematician and classics scholar and pioneering mathematical biologist, Nobel Laureate in Medicine /1960/, the author of the book, On Growth and Form, /1917/. The quality of the quantity could be seen in the Herman Haken’s citation on the D'Arcy W. Thompson. My thesis is that the topological homeomorphism is the explicit form of the quality of the quantity transformation. The qualitative quantity change which becomes phenomenon, according to Émile Boutroux, is the subject of study in Cultural Phenomenology of Qualitative quantity. Our approach to this subject is Poincaré Model of the Subconscious Mind in Mathematics, which is the most suitable tool to unfold the arhetype of qualitative quantity. (shrink)

Law is traditionally related to the practice of command and hierarchy. It seems that a legal rule should immediately establish a relation between a superior and an inferior. This hierarchical and authoritharian view might however be challenged once the phenomenology of the rule is considered from the internal point of view, that is, from the stance of those that can be said to “use” rather than to “suffer” the rules themselves. A practice oriented approach could in this way open (...) up a more liberal, and also somehow less parochial and ideological, road for legal theory. This is – it is argued in the paper – the programme, or better, the promise we can find in Herbert Hart’s main work, The Concept of Law. The article tries to render this promise more transparent while, nonetheless, not eschewing the blind sides of its narrative and argumentative strategy. (shrink)

In light of recent criticisms by Woodward (2017) and Rescorla (2018), we examine the relationship between mechanistic explanation and phenomenological laws. We disambiguate several uses of the phrase “phenomenological law” and show how a mechanistic theory of explanation sorts them into those that are and are not explanatory. We also distinguish the problem of phenomenological laws from arguments about the explanatory power of purely phenomenal models, showing that Woodward and Rescorla conflate these problems. Finally, we argue that the temptation to (...) pit mechanistic and interventionist theories of explanation against one another occludes important and scientifically relevant research questions. (shrink)

Abstract:This article provides a novel interpretation of the so-called transition to self-consciousness in The Phenomenology of Spirit, where Hegel argues that the failure of the protagonist consciousness to formulate an understanding of the world in terms of forces and laws necessitates the shift to an investigation of its own self-conscious subjectivity. The author argues that we can make sense of the transition by attending to Hegel's account of the metaphysical structure of forces and laws, on the one hand, and (...) the structure of self-consciousness, on the other. Following this approach, she argues that the transition represents the realization by the protagonist consciousness that the object of phenomenological inquiry must be metaphysically self-determining (or "infinite," in Hegel's terminology). The standpoint of self-consciousness accordingly emerges because the protagonist consciousness takes itself qua subject to exhibit the requisite self-determining structure. In addition to making sense of the transition to self-consciousness, this line of argumentation illuminates Hegel's subsequent focus on the activity of "desire.". (shrink)

Margaret Gilbert’s work on sociality covers a wide range of topics, and as she puts it “addresses matters of great significance to several philosophical specialties – including ethics, epistemology, political philosophy, philosophy of science, and philosophy of law – and outside philosophy as well” (Gilbert 2013, p. 1). Herein I argue that Mark Greenberg’s recent call to eliminate the problem of legal normativity is well motivated. Further, I argue that Gilbert’s work on joint commitment, and more specifically obligations of joint (...) commitment, allows us to move beyond the problem of legal normativity while cashing out H.L.A. Hart’s thesis that moral and legal obligations are distinct. (shrink)

Kurt Gödel wrote (1964, p. 272), after he had read Husserl, that the notion of objectivity raises a question: “the question of the objective existence of the objects of mathematical intuition (which, incidentally, is an exact replica of the question of the objective existence of the outer world)”. This “exact replica” brings to mind the close analogy Husserl saw between our intuition of essences in Wesensschau and of physical objects in perception. What is it like to experience a mathematical proving (...) process? What is the ontological status of a mathematical proof? Can computer assisted provers output a proof? Taking a naturalized world account, I will assess the relationship between mathematics, the physical world and consciousness by introducing a significant conceptual distinction between proving and proof. I will propose that proving is a phenomenological conscious experience. This experience involves a combination of what Kurt Gödel called intuition, and what Husserl called intentionality. In contrast, proof is a function of that process — the mathematical phenomenon — that objectively self-presents a property in the world, and that results from a spatiotemporal unity being subject to the exact laws of nature. In this essay, I apply phenomenology to mathematical proving as a performance of consciousness, that is, a lived experience expressed and formalized in language, in which there is the possibility of formulating intersubjectively shareable meanings. (shrink)

There is an old and powerful argument for the claim that divine foreknowledge is incompatible with the freedom to do otherwise. A recent response to this argument, sometimes called the “dependence response,” centers around the claim that God’s relevant past beliefs depend on the relevant agent’s current or future behavior in a certain way. This paper offers a new argument for the dependence response, one that revolves around different cases of time travel. Somewhat serendipitously, the argument also paves the way (...) for a new reply to a compelling objection to the dependence response, the challenge from prepunishment. But perhaps not so serendipitously, the argument also renders the dependence response incompatible with certain views of providence. (shrink)

Let (leeway) incompatibilism be the thesis that causal determinism is incompatible with the freedom to do otherwise. Several prominent authors have claimed that incompatibilism alone can capture, or at least best captures, the intuitive appeal behind Jorge Luis Borges's famous “Garden of Forking Paths” metaphor. The thought, briefly, is this: the “single path” leading up to one's present decision represents the past; the forking paths that one must decide between represent those possible futures consistent with the past and the laws (...) of nature. But if determinism is true, there is only one possible future consistent with the past and the laws and, hence, only one path to choose from. That is, if determinism is true, then we are not free to do otherwise. In this paper, I argue that this understanding of the Garden of Forking Paths faces a number of problems and ought to be rejected even by incompatibilists. I then present an alternative understanding that not only avoids these problems but still supports incompatibilism. Finally, I consider how various versions of (leeway) compatibilism fit with the Garden of Forking Paths as well as the broader question of whether metaphors, however intuitive, have any dialectical force in the debates over freedom. (shrink)

Suppose Molinism is true and God placed Adam in the garden because God knew Adam would freely eat of the fruit. Suppose further that, had it not been true that Adam would freely eat of the fruit, were he placed in the garden, God would have placed someone else there instead. When Adam freely eats of the fruit, is he free to do otherwise? This paper argues that there is a strong case for both a positive and a negative answer. (...) Assuming such cases are possible under Molinism, we are left with a puzzling question: if Molinism is true, what can you do? (shrink)

Is the virtue of the good citizen the same as the virtue of the good man? Aristotle addresses this in Politics 3.4. His answer is twofold. On the one hand, (the account for Difference) they are not the same both because what the citizen’s virtue is depends on the constitution, on what preserves it, and on the role the citizen plays in it, and because the good citizens in the best constitution cannot all be good men, whereas the good man’s (...) virtue is uniform. On the other hand, (the account for Identity) the two virtues are identical in the good men in the best constitution, in which all are good citizens, each possessing the ability for ruling and for being ruled. This nuanced answer can be seen as Aristotle’s synthesis of a Periclean view (contribution to state blots out personal wrongs) and a Socratic view (no good citizen is without justice). Its nuances reflect the extent to which Aristotle’s conceptions of good citizenship and the best constitution accommodate deviations of what is probable from the human ideal set out in his ethical writings. In the present chapter, I will first address three puzzles regarding the nuances of Aristotle’s answer. Second, I will consider one question about its implication: Does Aristotle’s account for Difference turn out to entail something ultra-Periclean: that no one can simultaneously be a good man and a good citizen in any constitution other than the best? I shall argue the negative. (shrink)

Deleuze is prominent among those philosophers who pronounce that difference must be understood as ontologically prior to identity. He teaches that identity is a surface effect of difference, so to understand the basis of logico-mathematical idealities we must uncover their genesis in the fecundity of differentiation. Deleuze wants to offer a foundation of number and mathematics as a subversive, creative force, an affirmation of Nietzsche’s eternal return as the ‘roll of the dice’. But he begins too late. For Deleuze, virtual (...) intensities (Eternal Return) generate the logical , conceptual, theoretical, lawful principles for empirical domains, and then are held steady in the background, beyond the reach of the conceptual and logical patterns, which cancel them by freezing and isolating them. Applying Heidegger’s deconstruction of Nietzschean subjectivity to Deleuze’s project reveals intensities to function as subjective enframings of the species and parts that develop from them. Intensive processes posit , set in place and represent the qualities that steadily remain throughout the calculation of difference in degree. Deleuze does not appear to recognize that the iteration of extensive quantity is devoid of meaningful sense. His failure to make this distinction leads him to confuse mathematical with non-mathematical idealities and prevents him from locating the fundamental sense of extensive duration. What Husserl, and Heidegger after him, recognized is that numeration never counts anything but its own self-iteration, devoid of sense and meaning outside of the empty ‘same thing, different time’. To experience an object as meaningful beyond this ‘how much’ is to no longer attend to it as calculative, countable iteration, as persisting self-identical presence. What holds only for intensities in Deleuze’s understanding of the structure of time, that every change in degree is simultaneously a difference in kind, constitutes the irreducible, absolute essence of all duration. (shrink)

This essay examines the possibility that phenomenological laws might be implemented by a computational mechanism by carefully analyzing key passages from the Prolegomena to Pure Logic. Part I examines the famous Denkmaschine passage as evidence for the view that intuitions of evidence are causally produced by computational means. Part II connects the less famous criticism of Avenarius & Mach on thought-economy with Husserl's 1891 essay 'On the Logic of Signs (Semiotic).' Husserl is shown to reaffirm his earlier opposition to associationist (...) (Humean) and adaptationist (Darwinian) explanations of our thought-machine on the ground that they cannot reconstruct the notion of truth and its syntactic mental preservation in symbolic thought-trains. Part III reveals Husserl's interesting commitment to the idea that descriptive sciences necessarily transform into explanatory sciences on pain of contradicting the essence of science as a rational ideal. Since explanation in relation to phenomenology means causal explanation, and causal explanation in the form of the Denkmaschine accounts for phenomenological intuition, it is inferred that the rationally compelling ideal of explanatory science requires a computationalist reading of the subsequent logical investigations. (shrink)

International human rights law is profoundly oxymoronic. Certain well-known international treaties claim a universal character for human rights, but international tribunals often interpret and enforce these either narrowly or, if widely, they rely upon sovereign states to enforce the rights against themselves. International lawyers and diplomats have usually tried to resolve the apparent contradiction by pressing for more general rules in the form of treaties, legal doctrines, and institutional procedures. Despite such efforts, aliens remain who are neither legal nor illegal (...) and who thereby slip through a discourse that claims universality. I ask, why does international legal discourse claim a universality of human rights enforceable by impartial, politically neutral tribunals when it also recognises that a state may refuse to recognise some groups as “persons”? I turn to the works of Bernhard Waldenfels for an explanation. To that end, I briefly outline two examples of state-centered human rights treaties. I then reconstruct Waldenfels’ explanation as to how a territorial sense of space needs an alien exterior to the space. The territorial structure assumes time is frozen as of the date of the foundation of the structure. The body of the alien is taken as a biological body. The personality, motives, and actions of the alien are the consequence of the imagination of people inside the territorial boundary. The dominant international legal discourse reinforces and institutionalises such a territorial sense of space and frozen time because the territorial state is considered the primary legal subject of international law. I also retrieve, however, an experiential but concealed sense of space and time. To retrieve this sense of space and time requires that lawyers see the world through the twilight of legality heretofore ignored as pre-legal. (shrink)

Libertarian views of freedom claim that, although determinism would rule out our freedom, we are nevertheless free on some occasions. An odd implication of such views (to put it mildly) seems to be that indeterminism somehow enhances or contributes to our agency. But how could that be? What does indeterminism have to offer agency? This paper develops a novel answer, one that is centred around the notion of explanation. In short, it is argued that, if indeterminism holds in the right (...) places, then the best explanation of the history of the world necessarily cites facts about our agency. Along the way, alternative proposals regarding the significance of indeterminism are considered and, ultimately, rejected in favour of the one developed in this paper. (shrink)

Recently, several authors have utilized the notion of dependence to respond to the traditional argument for the incompatibility of freedom and divine foreknowledge. However, proponents of this response have not always been so clear in specifying where the incompatibility argument goes wrong, which has led to some unfounded objections to the response. We remedy this dialectical confusion by clarifying both the dependence response itself and its interaction with the standard incompatibility argument. Once these clarifications are made, it becomes clear both (...) (1.) that the dependence response does not beg the question against the proponent of the incompatibility argument and (2.) that the dependence response advances the dialectic whether it is developed as a version of Ockhamism or as a version of multiple-pasts compatibilism. (shrink)

INTERNATIONAL STUDIES IN THE PHILOSOPHY OF SCIENCE Vol. 5, number 1, Autumn 1991, pp. 79-87. R.M. Nugayev. -/- The fundamental laws of physics can tell the truth. -/- Abstract. Nancy Cartwright’s arguments in favour of phenomenological laws and against fundamental ones are discussed. Her criticisms of the standard cjvering-law account are extended using Vyacheslav Stepin’s analysis of the structure of fundamental theories. It is argued that Cartwright’s thesis 9that the laws of physics lie) is too radical to accept. A model (...) of theory change is proposed which demonstrates how the fundamental laws of physics can, in fact, be confronted with experience. -/- . (shrink)

This paper discusses the thesis defended by Edith Stein that certain acts can be attributed to the State. According to Stein, the State is a social structure characterized by sovereignty. As such, it is responsible for the production, interpretation, and application of law. These tasks require the performance of acts, most of which are what Stein calls “social acts” like enactments and orders. For Stein, the acts in question are made by the organs of the State, but in the name (...) of the State, and are thus attributed to the State via a relation of representation. In the first section, the paper presents Stein’s thesis that the sovereignty of the State entails a series of legal prerogatives, which in turn result in various social acts being ascribed to the State through its representatives. In the second section, the paper critically discusses Stein’s views, notably her theory of representation, and her account of the nature of the State, while emphasizing its most interesting aspects, namely, its fine-grained analyses of the various acts that are attributed to the State. (shrink)

The paper investigates the role played by ethical deliberation and ethical judgment in Wittgenstein's early thought in the light of twentieth?century German legal philosophy. In particular the theories of the phenomenologists Adolf Reinach, Wilhelm Schapp, and Gerhart Husserl are singled out, as resting on ontologies which are structurally similar to that of the Tractatus: in each case it is actual and possible Sachverhalte which constitute the prime ontological category. The study of the relationship between the states of affairs depicted, e.g., (...) in the sentences of a legal trial and prior fact?complexes to which these may correspond suggests one possible connecting link between the logical and ontological sections of the Tractatus and the ethical reflections appearing at the end. It is argued that the latter can best be understood in terms of the idea of a ?last judgment? (with its associated ethical rewards and punishments) which would relate to the world as a whole as a penal trial relates to individual complexes of facts. (shrink)

Nancy Cartwright’s arguments in favor of the phenomenological laws and against the fundamental ones are discussed. I support and strengthen her criticism of the standard covering-law account but I am skeptical in respect to her radical conclusion that the laws of physics lie. Arguments in favor of the opposite stance are based on V.S. Stepin’s analysis of mature theory structure. A mature theory-change model presented here demonstrates how the fundamental laws of physics can be confronted with experience. Its case studies (...) include the Lorentz-Einstein-Bohr transition and modern General Relativity and Quantum Field Theory unification. (shrink)

Review of Causation and Free Will by Carolina Sartorio, Oxford University Press, 2016. viii + 188 pp. £35.00.

In the TACITUS project for using commonsense knowledge in the understanding of texts about mechanical devices and their failures, we have been developing various commonsense theories that are needed to mediate between the way we talk about the behavior of such devices and causal models of their operation. Of central importance in this effort is the axiomatization of what might be called commonsense metaphysics. This includes a number of areas that figure in virtually every domain of discourse, such as granularity, (...) scales, time, space, material, physical objects, shape, causality, functionality, and force. Our effort has been to construct core theories of each of these areas, and then to define, or at least characterize, a large number of lexical items in terms provided by the core theories. In this paper we discuss our methodological principles and describe the key ideas in the various domains we are investigating. (shrink)

The nontechnical ability to identify or match argumentative structure seems to be an important reasoning skill. Instruments that have questions designed to measure this skill include major standardized tests for graduate school admission, for example, the United States-Canadian Law School Admission Test (LSAT), the Graduate Record Examinations (GRE), and the Graduate Management Admission Test (GMAT). Writers and reviewers of such tests need an appropriate foundation for developing such questions--they need a proper representation of phenomenological argumentative structure--for legitimacy, and because these (...) tests affect people's lives. This paper attempts to construct an adequate and appropriate representation of such structure, that is, the logical structure that an argument is perceived to have by mature reasoners, albeit ones who are untrained in logic. (shrink)

In this article I present the phenomenological tradition as a new grounding for human rights as universal rights. The hypothesis defended is to conciliate Husserl’s phenomenological method and Reinach’s a priori law in order to offer a new grounding to human rights. In order to combine Husserl and Reinach’s ideas, I propose to expand the comprehension of a priori. It would be present as eidos of each object and I name it as material a priori; it also be present in (...) the eidetic relations and I name it as formal a priori. Yet the object would have an essence, a necessary content, a material a priori, and necessary states of affairs, necessary relations and connections, a formal a priori. Reinach, in The A priori Foundations of the Civil Law, describes eidetic relations, such as, the relation between promise, claim and obligation. I propose three eidetic universalities to ground law, these are what I will call human rights. I also face a few difficulties presented by DuBois and De Vecchi derived from the amoral approach of a priori laws. Then, I highlight the difference between this proposition and Albert’s. Finally, I defend the proposition that a priori laws are beyond natural and positive laws. (shrink)

Exploring the history of our experience, Hannah Arendt reveals not only a radical transformation of its structure, but also the loss of experience as such and its replacement with technology. In order to identify the place of law in this process, we are trying to clarify the legal aspect of experience in terms of phenomenological hermeneutics and to trace its transformation in the digital age. The experience of law is thought of as one of the aspects of our mode of (...) being-in-the-world, which is based on openness to the world and consists in the mutual recognition of people in their dignity. Digital technologies, in turn, contribute to replacing fundamental openness with illusory freedom in cyberspace. The latter, unlike the public realm as a realm of action of many, and in this sense legal realm, is based primarily on productive activities of one and no longer requires law. (shrink)

Darcy's law is a phenomenological relationship for fluid flow rate that finds one of its principle applications in hydrology. Theoretical hydrologists rely upon a multiplicity of conceptual models to carry out approximate derivations of Darcy's law. These derivations provide structural explanations of the law; they require the application of fundamental principles, such as conservation of momentum, to idealized models of the porous media within which the flow occurs. In practice, recognition of the idealized conditions incorporated into models facilitates the empirical (...) clarification of the domain within which the law remains accurate. Structural explanations also contribute to the physical interpretation of phenomenological parameters. (shrink)

This text is a kind of sketch and presents some simple ideas. The aim of this article is to carry out a critical and reflexive analysis of Roman Ingarden's philosophy of responsibility. Being a member of the phenomenological current, Ingarden mainly studied the ontological bases or conditions of responsibility by identifying different situations of responsibility. In this paper situations of responsibility have been analysed in the semantic contexts in which the word "responsibility" appears. Legally, the prescriptive contexts of using the (...) word "responsibility" are particularly important since they are usually either ignored or inadequately separated from descriptive contexts. Roman Ingarden's views were supplemented by Alf Ross's aspects of responsibility. As a result, the elementary ways of understanding responsibility have been reconstructed; they are the basis for reflections on moral responsibility as well as legal responsibility. (shrink)

Special science generalizations admit of exceptions. Among the class of non-exceptionless special science generalizations, I distinguish minutis rectis generalizations from the more familiar category of ceteris paribus generalizations. I argue that the challenges involved in showing that mr generalizations can play the law role are underappreciated, and quite different from those involved in showing that cp generalizations can do so. I outline a strategy for meeting the challenges posed by mr generalizations.

Husserl holds the view that givenness through adumbrations (i.e. perspectival givenness) is an essential characteristic of the givenness of spatiotemporal things. He goes so far to say that we are dealing with an essential law. In this article I try to make sense of this claim. I am also dealing with a thought experiment that is designed to show that the givenness through adumbrations is just a consequence of our physiological make-up, a view that Husserl explicitly rejects. Amongst other things, (...) I defend Husserl by introducing the crucial distinction between first-person-imagination and third-person-imagination. (shrink)

This essay is an examination of the relationship between phenomenology and analytic method in the philosophy of law. It proceeds by way of a case study, the requirement of compliance in Raz’s theory of mandatory norms. Proceeding in this way provides a degree of specificity that is otherwise neglected in the relevant literature on method. Drawing on insights from the philosophy of art and cognitive neuroscience, it is argued that the requirement of compliance is beset by a range of (...) epistemological difficulties. The implications of these difficulties are then reviewed for method and normativity in practical reason. A topology of normativity emerges nearer the end of the paper, followed by a brief examination of how certain normative categories must satisfy distinct burdens of proof. (shrink)

Hegel believed the Antigone tragedy not only revealed the national spirit of ancient Greece but was indeed the greatest artwork of all time. displaying the “Logic of History”, was the critical role Antigone tragedy played in the phenomenology of spirit from the standpoint of Hegel. This article will attempt to answer how Hegel reads Antigone's tragedy and how he observes the “Logic of History” in it. Ancient Greek society, In Hegel’s point of view, has constantly been the symbol of (...) “unity of life”. however, Hegel believes that at certain times in history, this unity of ethical life and its state of joy in Greece has been destroyed. Since Hegel believes literary works have historical-cultural implications and considers art and literature as the first medium by which the spirit becomes self-conscious, in the section “True Spirit, ethical Life” from the book Phenomenology of Spirit, he describes the fall of the ethical life of Greek society by reading of the Antigone tragedy. What Hegel understood from the Antigone tragedy was a series of painful conflicts that ensued as a consequence of a contradiction between ethical powers within Greek society. powers that had heretofore been in unreflected unity, but now that their contradictions revealed, the ethical life of society collapsed and the spirit moved to a more rational and liberated stage. These stages are in fact very much the irreversible final course of history toward achieving freedom. (shrink)

This paper draws on Maurice Merleau-Ponty’s philosophy to sketch a phenomenological interpretation of the enactivist notion of sensorimotor understanding. I begin by situating Noë’s enactive theory of vision in relation to Husserlian phenomenology. I then raise three related objections to Noë’s treatment of sensorimotor understanding in terms of practical knowledge of possibilities for action. Finally, I appeal to Phenomenology of Perception to show how two of its major operative concepts – the ‘body schema’ and ‘sedimentation’ – can help (...) to plug the gaps in Noë’s account. (shrink)

This paper presents an argument against the widespread view that ‘hard choices’ are hard because of the incomparability of the alternatives. The argument has two parts. First, I argue that any plausible theory of practical reason must be ‘comparativist’ in form, that is, it must hold that a comparative relation between the alternatives with respect to what matters in the choice determines a justified choice in that situation. If comparativist views of practical reason are correct, however, the incomparabilist view of (...) hard choices should be rejected. Incomparabilism about hard choices leads us to an implausible error theory about the phenomenology of hard choices, threatens an unattractive view of human agency, and leaves us in perplexity about what we are doing when we choose in hard choices. The second part of the argument explores the main competitor to comparativist views of practical reason, noncomparativist view, according tow which a choice is justified so long as it is not worse than any of the alternatives. This view is often assumed by rational choice theorists but has its best philosophical defense in work by Joseph Raz. On Raz’s view, incomparabilism about hard choices avoids the problems faced if comparativism is correct, but it faces different difficulties. I argue that Raz’s noncomparativist view mistakenly assimilates practical reason to more restricted normative domains such as the law. (shrink)

Philosophy and Phenomenological Research, EarlyView.

Meta-laws, including conservation laws, are laws about the form of more specific, phenomenological, laws. Lange distinguishes between meta-laws as coincidences, where the meta-law happens to hold because the more specific laws hold, and meta-laws as constraints to which subsumed laws must conform. He defends this distinction as a genuine metaphysical possibility, such that metaphysics alone ought not to rule one way or another, leaving it an open question for physics. Lange’s distinction marks a genuine difference in how a given meta-law (...) can be used in explanations. Yet, I argue, it is not simply an empirical matter as to whether a given conservation law is a constraint or a coincidence. There is no set matter of fact about the world that determines this, and physics alone will not be able to return a determinate verdict on a law-by-law basis, even while there is a genuine difference between any given law as constraint and as coincidence. Rather, the difference marks different ways of treating the same law in a theoretical setting: by shifting the explanatory context, treating the same law as part of a different mathematical structure, it can be a genuine constraint and a genuine coincidence. The difference between constraint and coincidence relates to the way in which we use a law in specific theoretical and explanatory settings. Because the same law can appear in multiple contexts, it can be used in these genuinely different ways, without itself ‘‘really’’ being either one or the other as some atomistic empirical fact. Conservation laws as constraints and conservation laws as coincidences are both genuine theoretical roles that the same law can play. I conclude by considering how this pragmatist construal of constraints versus coincidences reveals how two parts of Lange’s work in this section of the book are unexpectedly independent of one another. -/- . (shrink)

Although the dream narrative, of (bio)logical necessity, originates with the dreamer, s/he typically does not know this. For the dreamer, the dream world is the real world. In this article I argue that this nightly misattribution is best explained in terms of the concept of mental ownership (e.g., Albahari, 2006; Klein, 2015a; Lane, 2012). Specifically, the exogenous nature of the dream narrative is the result of an individual assuming perspectival, but not personal, ownership of content s/he authored (i.e., “The content (...) in my head is not mine. Therefore it must be peripherally perceived”). Situating explanation within a theoretical space designed to address questions pertaining to the experienced origins of conscious content has a number of salutatory consequences. For example, it promotes predictive fecundity by bringing to light empirical generalizations whose presence otherwise might have gone unnoticed (e.g., the severely limited role of mental time travel within the dream narrative). -/- . (shrink)

The experiences described in the VIP transcripts are incredibly varied and yet frequently explicitly labelled by participants as "voices." How can we make sense of this? If we reflect carefully on uses of the word "voice", we see that it can express at least two entirely different concepts, which pick out categorically different phenomena. One concept picks out a speech sound (e.g. "This synthesizer has a "voice" setting"). Another concept picks out a specific agent (e.g. "I hear two voices: one (...) is a ten year-old boy…"). This chapter explores how these two concepts are related to one another in the context of voice-hearing. (shrink)

In the chapter Spirit of the book "Phenomenology of spirit" in a section called "True spirit, ethical Life", Hegel looks into the happy state of "ethical life" in Greece. The concept of ethical life is a very crucial concept because it formulates Hegel's fundamental political and social ideal, which is to establish synthesis between the community and the individual. In this research, we study the ethical life of people who are unreasonably immersed in the customs and laws of a (...) certain society. In the following, we see that this world is divided and the unity of laws in it is shaken. For this reason, Hegel discusses the literary genres of epic and tragedy in order to show that in them, a person progressively becomes himself and becomes aware of his individual character. Hegel destroys his primitive ethical substance dialectically through essential conflicts, with forced actions and untangling choices of people with will and as a result people are deprived of their social identities. In this dialectical process, the "living unity" of the polis is fragmented and becomes a mass of separate atoms. (shrink)

An adequate account of laws should satisfy at least five desiderata: it should provide a unified account of laws and chances, it should yield plausible relations between laws and chances, it should vindicate numerical chance assignments, it should accommodate dynamical and non-dynamical chances, and it should accommodate a plausible range of nomic possibilities. No extant account of laws satisfies these desiderata. This paper presents a non-Humean account of laws, the Nomic Likelihood Account, that does.

Both introspection and empirical studies suggest that visual attention can affect the phenomenology of our visual experience. However, the exact character of such effects is far from clear. My aim in this chapter is to spell out the main difficulties involved in attempting to achieve a clearer view of these effects, and to make some suggestions as to how we can make progress with this issue while avoiding tempting mistakes. I do this by discussing the question of whether there (...) is a sense in which attention to a seen object can be said to contribute to the object’s visual phenomenal salience. It is often suggested that focusing visual attention on a seen object renders the object phenomenally salient. I look at potential evidence for this suggestion, and consider what form, if any, of visual phenomenal salience it may support. (shrink)

The phenomenology of agency has, until recently, been rather neglected, overlooked by both philosophers of action and philosophers of consciousness alike. Thankfully, all that has changed, and of late there has been an explosion of interest in what it is like to be an agent. 1 This burgeoning field crosses the traditional boundaries between disciplines: philosophers of psychopathology are speculating about the role that unusual experiences of agency might play in accounting for disorders of thought and action; cognitive scientists (...) are developing models of how the phenomenology of agency is generated; and philosophers of mind are drawing connections between the phenomenology of agency and the nature of introspection, phenomenal character, and agency itself. My aim in this paper is not to provide an exhaustive survey of this recent literature, but to provide a.. (shrink)

This is an English translation of Waldenfels' German essay: Equality and inequality are basic elements of law, justice and politics. Equality integrates each of us into a common sphere by distributing rights, duties and chances among us. Equality turns into mere indifference as far as we get overintegrated into social orders. When differences are fading away experience loses its relief and individuals lose their face. Our critical reflections start from the inevitable paradox of making equal what is not equal. In (...) various ways they refer to Nietzsche’s concept of order, to Marx’s analysis of money, to Lévinas’s ethics of the Other, and to novelists like Dostoevsky and Musil. Our critique turns against two extremes, on the one hand against any sort of normalism fixed on functioning orders, on the other hand against any sort of anomalism dreaming of mere events and permanent ruptures. Responsive phenomenology shows how we are confronted with extraordinary events. Those deviate from the ordinary and transgress its borders, without leaving the normality of our everyday world behind. The process of equalizing moves between the ordinary and the extraordinary. What makes the difference and resists mere indifference are creative responses which are to be invented again and again. (shrink)

The paper compares dispositionalism about laws of nature with primitivism. It argues that while the distinction between these two positions can be drawn in a clear-cut manner in classical mechanics, it is less clear in quantum mechanics, due to quantum non-locality. Nonetheless, the paper points out advantages for dispositionalism in comparison to primitivism also in the area of quantum mechanics, and of contemporary physics in general.

“Bodily autonomy” has received significant attention in bioethics, medical ethics, and medical law in terms of the general inviolability of a patient’s bodily sovereignty and the rights of patients to make choices (e.g., reproductive choices) that concern their own body. However, the role of the body in terms of how it can or does contribute to a patient’s capacity for, or exercises of their autonomy in clinical decision-making situations has not been explicitly addressed. The approach to autonomy in this paper (...) is aligned with traditional theories that conceive autonomy in terms of an individual’s capacities for, and exercises of rational reflection. However, at the same time, this paper extends these accounts by arguing that autonomy is, in part, embodied. Specifically, by drawing on phenomenological conceptions of the experience of autonomy, we argue that, in principle, the body is a necessary component of the capacity for autonomy. Secondly, through the presentation of two different cases, we highlight ways in which a patient’s body can contribute to the autonomy of treatment choices. Ultimately, we hope to encourage others to explore additional conditions under which a concept of embodied autonomy should be employed in medical decision making, how its underlying principles might be operationalised in clinical situations, and its consequences for approaches to patient autonomy in healthcare practice, policy, and law. (shrink)

A number of philosophers endorse, without argument, the view that there’s something it’s like consciously to think that p, which is distinct from what it’s like consciously to think that q. This thesis, if true, would have important consequences for philosophy of mind and cognitive science. In this paper I offer an argument for it, and attempt to induce examples of it in the reader. The argument claims it would be impossible introspectively to distinguish conscious thoughts with respect to their (...) content if there weren’t something it’s like to think them. This argument is defended against several objections. Then I use what I call “minimal pair” experiences—sentences read without and with understanding—to induce in the reader an experience of the kind I claim exists. Further objections are considered and rebutted. (shrink)

What is the phenomenology of hope? A common view is that hope has a generally positive and pleasant affective tone. This rosy depiction, however, has recently been challenged. Certain hopes, it has been objected, are such that they are either entirely negative in valence or neutral in tone. In this paper, I argue that this challenge has only limited success. In particular, I show that it only applies to one sense of hope but leaves another sense—one that is implicitly (...) but widely employed in the hope literature—untouched. Moreover, I argue that hope construed in this latter sense is inherently positively valenced. The paper concludes by discussing some of the implications of this defense of hope's positive phenomenology, including the ontological question of whether hope is an emotion. (shrink)

Dispositional essentialists argue that physical properties have their causal roles essentially. This is typically taken to mean that physical properties are identical to dispositions. I argue that this is untenable, and that we must instead say that properties bestow dispositions. I explore what it is for a property to have such a role essentially. Dispositional essentialists argue for their view by citing certain epistemological and metaphysical implications, and I appeal to these implications to place desiderata on the concept of essence (...) involved. I argue that the traditional modal theory of essence meets these desiderata, but that the resulting theory wrongly implies that certain dispositions essential to mass are essential to charge, thereby offering a new argument against modal theories of essence. I argue that dispositional essentialism requires a primitive notion of essence, and develop a primitivist theory based on Kit Fine's views. I show that the primitivist theory has all the virtues of the modal alternative, and none of the vices. I develop a novel way of thinking about the relationship between properties, laws and dispositions, and argue that it has distinct advantages over standard dispositional essentialist formulations. (shrink)

The paper sets out from Göodel's question about primitive concepts, in connection with Gödel's proposal of the employment of phenomenological method. The author assumes that the answer that can be found in Kant is relevant as a starting point. In a modification of the approach by K. Reich, a reconstruction of Kant's "deduction'' of logical forms of judgment is presented, which serve Kant as the basis for his "metaphysical deduction of categories'' including substantiality and causality. It is proposed that different (...) aspects of Kant's "original unity of self-consciousness'' as applied and attached to concrete representations step by step yield different forms of concepts, judgments, and inferences. Categorical, hypothetical and disjunctive judgments are shown to be gradually strengthening the conditions of bringing our representations under the "objective unity of consciousness", and in this way gradually implementing logical laws. The corresponding concepts of substantiality, causality, and mutual influence appear to be grounded in the primitive forms of our thinking. (shrink)

The theory of speech acts put forward by Adolf Reinach in his "The A Priori Foundations of the Civil Law" of 1913 rests on a systematic account of the ontological structures associated with various different sorts of language use. One of the most original features of Reinach's account lies in hIs demonstration of how the ontological structure of, say, an action of promising or of commanding, may be modified in different ways, yielding different sorts of non-standard instances of the corresponding (...) speech act varieties. The present paper is an attempt to apply this idea of standard and modified instances of ontological structures to the realm of judgement and cognition, and thereby to develop a Reinachian theory of how intentionality is mediated through language in acts of thinking and speaking. (shrink)