The ecological approach to object pretend play, developed from the ecological perspective, suggests an action- and affordance based perspective to account for pretend object play. Theoretical, as well as empirical reasons, support the view that children in pretense incorporate objects into their play in a resourceful and functionally appropriate way based on the perception of affordances. Therefore, in pretense children are not distorting reality but rather, they are perceiving and acting upon action possibilities. In this (...) paper, we argue for the viability of an ecological theoretical framework to pretend object play which has been traditionally understood as a representational and metarepresentational ability. We discuss the origins and basic assumptions of the ecological approach to pretense. We layout details by presenting a qualitative analysis of a pretend play episode and discuss the results of an experimental study inspired by the ecological assumptions. We discuss pretend object play in the context of ecological work on tool use. We address the relationship between the enactive and the ecological approaches to pretend play, pointing out similarities as well as differences. We conclude that ecological and enactive approaches have shown that it is possible to challenge accepted interpretations and seek explanatory frameworks that could move the field in new directions. (shrink)

How do young children represent pretend play? One possibility is that recognizing and representing pretend play depends on children’s ability to infer the mental states of the person engaged in pretend play (mentalist account). The two dominant alternative possibilities are that children view as a distinctive form of non-representational behavior (behavioral account), and that children represent pretense by temporarily treating objects as though they have fictional or make-believe properties (flagging account). This chapter provides an (...) overview of the debate between these three accounts of pretend play, but then endorses a fourth position according to which children view pretend play as a form of communication, similar in many ways to drawing. (shrink)

This paper presents pretending as an enacted and fundamentally social activity. First, it demonstrates why we should think of pretense as inherently social. Then, it shows how that fact affects our theory in terms of what is needed in order to pretend. Standardly, pretense is seen as requiring a mechanism that allows one to bypass the “obvious” re- sponse to the environment in order to opt for a symbolic response; that mechanism is im- aginative and representational. This paper shows (...) that the Enactive Account of Pretense reconsiders the idea that one needs to respond to an absent environment when pretending, proposing instead that socially con- stituted perceptual affordances for play allow for non-obvious ways of responding to the present environment. The enactive account of pretense suggests that one need not posit special cognitive pretense mechanisms and mental scripts in order to account for pretend- ing, as available capacities for active perception and re-enactment of routines suffice. This paper concludes with suggestions for the kinds of cognitive skills that should be sought out to explain pretense. (shrink)

Abstract: This entry elucidates causal and constitutive roles that various forms of imagining play in human action. Imagination influences more kinds of action than just pretend play. I distinguish different senses of the terms “imagining” and “imagination”: imagistic imagining, propositional imagining, and constructive imagining. Each variety of imagining makes its own characteristic contributions to action. Imagistic imagining can structure bodily movement. Propositional imagining interacts with desires to motivate pretend play and mimetic expressive action. And constructive (...) imagination generates representations of possibilities and actions on the basis of which we choose what to do. [Version archived here is a penultimate draft.]. (shrink)

How should the development of creativity be approached? Many accounts of children’s creativity focus on the relation between creativity and pretend play, placing make-believe and the mental exploration of possible scenarios about the world at the fore. Often divergent thinking and story-telling are used to measure creativity with fluency, originality, and flexibility as indicators. I will argue that the strong focus on conceptual processes and higher-order thought leaves procedural forms of creativity in the dark and hinders a proper (...) investigation of the development of creativity. Creativity involves both strategic and procedural elements and the mental and physical manipulation of ideas are equally important. Sahlin’s notion of rule-based creativity might serve as the starting-point for an approach to the development of creativity that is neutral as to the underlying nature of creativity and that permits investigating creativity independently of language. On this approach, creativity is characterized by the violation and subsequent replacement of a rule or norm that underlies a given activity with a novel strategy or procedure. When, where, and how children will manifest creativity is conditional on the kind of rule or norm that is violated. (shrink)

This essay discusses Peter Langland-Hassan's approach to "explaining imagination" as it plays out in his recent book of that title. Langland-Hassan offers a theory of “attitude imagining” that avoids positing what he calls a “sui generis cognitive attitude.” This theory attempts to explain things like pretend play, hypothetical reasoning, and cognition of fiction; to explain them using only (what he calls) more “basic” mental states like beliefs and desires; and thus to explain them without positing a distinct cognitive (...) attitude of imagining, as many theorists do (including me). In other words, “attitude imagining,” for Langland-Hassan, is whatever explains those things (except for a distinct cognitive attitude of imagining itself). Despite the theoretical interest of this approach, I argue it is ontologically pennywise and pound foolish: for a slight savings in ontological complexity it dramatically reduces explanatory power. (shrink)

The theory of mind debate has reached a “hybrid consensus” concerning the status of theory-theory and simulation-theory. Extant hybrid models either specify co-dependency and implementation relations, or distribute mentalizing tasks according to folk-psychological categories. By relying on a non-developmental framework these models fail to capture the central connection between simulation and theory. I propose a “dynamic” hybrid that is informed by recent work on the nature of similarity cognition. I claim that Gentner’s model of structure-mapping allows us to understand simulation (...) as a process in which psychological representations are aligned, causing the spontaneous abstraction of theoretical generalizations about the psychological domain. (shrink)

Transhumanists, like other elites in modernity, place great value on human creativity, and advances in human enhancement and AI form the basis of their propos- als for boosting it. However, there are problems with this perspective, due to the unique ways in which humans have evolved, procreated and socialized. I first describe how creativity is related to past evolution and developmental aspects in children, stressing pretend play and the ambivalent character of creativity. Then, I outline proposals for enhancing (...) creativity, be it in embodied humans on the way to a superior species, in AI- related beings (virtual reality, robotics), or even in any degree of mixture in human- machine interaction. In the final section, I describe intrinsic limits to these proposals, such as the absence of a good understanding of human psychology by the proponents of enhancement; the lack of interest in the subjective side of creativity (for one’s own sake); delayed maturation and the ambivalence of pretend play in childhood; and the contrariness typical of new human generations. As for the enhancement of creativity, it is argued that creativity in its social context may be the victim of its own past success. On the other hand, an asymmetry between virtual beings and children is described— the latter can behave in a nasty way, it is part of their growth and creativity, whereas the former are not supposed to cause any harm to human beings. In sum, despite impressive progress in several scientific and technological interventions in creativity, philosophical questions emerge that place many constraints on transhumanist dreams of endless creativity. (shrink)

It is a characteristic feature of our mental make-up that the same perceptual input situation can simultaneously elicit conflicting mental perspectives. This ability pervades our perceptual and cognitive domains. Striking examples are the dual character of pictures in picture perception, pretend play, or the ability to employ metaphors and allegories. I argue that traditional approaches, beyond being inadequate on principle grounds, are theoretically ill equipped to deal with these achievements. I then outline a theoretical perspective that has emerged (...) from a theoretical convergence of perceptual psychology, ethology, linguistics, and developmental research. On the basis of this framework, I argue that corresponding achievements are brought forth by a specific type of functional architecture whose core features are as follows: (1) a perceptual system that is biologically furnished with a rich system of conceptual forms, (2) a triggering relation between the sensory input and conceptual forms by which the same sensory input can be exploited by different types or systems of conceptual forms, and (3) computational principles for handling semantically underspecified conceptual forms. Characteristic features of the proposed theoretical framework are pointed out using the Heider–Simmel phenomenon as an example. (shrink)

It is a characteristic feature of our mental make-up that the same perceptual input situation can simultaneously elicit conflicting mental perspectives. This ability pervades our perceptual and cognitive domains. Striking examples are the dual character of pictures in picture perception, pretend play, or the ability to employ metaphors and allegories. I will argue that traditional approaches, beyond being inadequate on principle grounds, are theoretically ill-equipped to deal with these achievements. I will then outline a theoretical perspective that has (...) been emerging from a theoretical convergence of perceptual psychology, ethology, linguistics, and developmental research. On the basis of this framework, I will argue that corresponding achievements are brought forth by a specific type of functional architecture whose core features are: (i) a perceptual system that is biologically furnished with a rich system of conceptual forms, (ii) a triggering relation between the sensory input and conceptual forms by which the same sensory input can be exploited by different types or systems of conceptual forms, and (iii) computational principles for handling semantically underspecified conceptual forms. Characteristic features of the proposed theoretical framework will be pointed out using the Heider-Simmel phenomenon as an example. (shrink)

The goal of this paper is to see how mental and language representations are unique from a video-game perspective, using two main criteria. First, I will posit that the level of being both an interactive work of fiction and a self-involving interactive fiction belongs to a fuzzy interval and that some works – and, therefore, some video games – are more immersive than others. Second, I will observe how propositions tie the player’s representations of the real world and the game (...) world. Starting from psychological theories of pretense in children’s make-believe games, I will then expand Nichols and Stich’s cognitive theory of pretense to include an extra layer related to the game world, i.e., player-specific representations that govern player-specific propositions. The representations dealing with the work world are the socially shared ones, while the possible-world representations, dealing with most of the game world, are player-specific and tied to unique language use. (shrink)

In this Part II, I investigate different approaches to the question of what makes imagining different from belief. I find that the sentiment-based approach of David Hume falls short, as does the teleological approach, once advocated by David Velleman. I then consider whether the inferential properties of beliefs and imaginings may differ. Beliefs, I claim, exhibit an anti-symmetric inferential governance over imaginings: they are the background that makes inference from one imagining to the other possible; the reverse is not true, (...) and this allows us to distinguish the two attitudes. I then go on to consider the action theory of imagining and the role that imaginings play in generating emotion. (shrink)

Abstract: The military establishment plays an important role in society, not only because it is pivotal in securing the state from external and internal threats but also because the conduct of soldiers affect the fortunes of the state both fiscally and morally. Early in their career, soldiers are trained to be irreproachable in their loyalty, unquestioning in their obedience and unthinking in their pursuit of military objective. This, however changes as they move up into command positions and are required to (...) decide on objectives as well as give orders for others to obey. For many officers, this is usually a difficult transition to make even though Staff School training is supposed to enable them to make this transition. This paper is based on an attempt to introduce philosophical dialogue to student officers of a military academy to help them make this difficult transition. It discusses the use of philosophical dialogue in facilitating officers’ understanding of important issues in the military, including military decision making. It highlights the procedure, difficulties and dangers of facilitating philosophical dialogue between soldiers especially as it relates to the corporate unity and command structure of the military. The paper also reflects on the efficacy and desirability of involving soldiers in a dialogue process. Keywords: Decision making, Military training, MDMP (Military Decision Making Process), Philosophical Dialogue, Resumen: La institución militar y juega un papel importante en la sociedad, no sólo porque es una base crucial para la seguridad del estado frente a amenazas internas y externas sino porque la conducta de los soldados afecta al destino del estado tan física como moralmente. Al comienzo de sus carreras, los soldados son entrenados en el desarrollo de una lealtad indubitable, evitando el cuestionamiento y la crítica para incentivar el desarrollo de los objetivos militares. Esta situación cambia cuando asciende a posiciones superiores, donde se requiere que decidan sobre la consecución de ciertos objetivos y que den órdenes a otros. Para muchos oficiales, esto supone una difícil transición a pesar de que la escuela de oficiales se supone que los capacita para realizar esta transición. Este artículo pretende explicar cómo introducir el diálogo filosófico a los estudiantes que se preparan para ser oficiales en la academia militar, actividad que les ayudará a desenvolver esta complicada transición. El trabajo discute el uso del diálogo filosófico para facilitar a los oficiales la comprensión de los asuntos militares importantes, lo cual abarca la toma de decisión militar. Subrayará, el procedimiento, las dificultades y los peligros de facilitar un diálogo filosófico entre los soldados, particularmente cuando se dirige a la unidad militar y a la estructura de órdenes delejército. Además, esta investigación reflexiona sobre la eficacia y deseabilidad de incorporar a los soldados en un proceso dialógico. Palabras clave: Toma de decisión, entrenamiento militar, Proceso de toma de decisión militar (PTDM), diálogo filosófico. (shrink)

Philosophical views of responsibility often identify responsible agency with capacities like rationality and self-control. Yet in ordinary life, we frequently hold individuals responsible who are deficient in these capacities, such as children or people with mental illness. The existing literature that addresses these cases has suggested that we merely pretend to hold these agents responsible, or that they are responsible to a diminished degree. In this paper, I demonstrate that neither of these approaches is satisfactory, and offer an alternative (...) focused on the role relationships play in determining whether it is appropriate to hold someone responsible. I argue that relationships are sources of normative expectations about how parties in that relationship ought to behave, and that we can be responsible in virtue of being subject to these norms. This is so, not only for those who are impaired or immature, but for all of us. (shrink)

In this article , I first engage in some conceptual clarification of what the words "imagine," "imagining," and "imagination" can mean. Each has a constructive sense, an attitudinal sense, and an imagistic sense. Keeping the senses straight in the course of cognitive theorizing is important for both psychology and philosophy. I then discuss the roles that perceptual memories, beliefs, and genre truth attitudes play in constructive imagination, or the capacity to generate novel representations that go well beyond what's prompted (...) by one's immediate environment. (shrink)

Two rival accounts of irony claim, respectively, that pretence and echo are independently sufficient to explain central cases. After highlighting the strengths and weaknesses of these accounts, I argue that an account in which both pretence and echo play an essential role better explains these cases and serves to explain peripheral cases as well. I distinguish between “weak” and “strong” hybrid theories, and advocate an “integrated strong hybrid” account in which elements of both pretence and echo are seen as (...) complementary in a unified mechanism. I argue that the allegedly mutually exclusive elements of pretence and echo are in fact complementary aspects enriching a core structure as follows: by pretending to have a perspective/thought F, an ironic speaker U echoes a perspective/thought G. F is merely pretended, perhaps caricaturised or exaggerated, while G is real/possible. (shrink)

Artificial Social Agents (ASAs), which are AI software driven entities programmed with rules and preferences to act autonomously and socially with humans, are increasingly playing roles in society. As their sophistication grows, humans will share greater amounts of personal information, thoughts, and feelings with ASAs, which has significant ethical implications. We conducted a study to investigate what ethical principles are of relative importance when people engage with ASAs and whether there is a relationship between people’s values and the ethical principles (...) they prioritise. The study uses scenarios, embedded with the five AI4People ethical principles (Beneficence, Non-maleficence, Autonomy, Justice, and Explicability), involving ASAs taking on roles traditionally played by humans to understand whether these roles and behaviours (including dialogues) are seen as acceptable or unacceptable. Results from 268 participants reveal the greatest sensitivity to ASA behaviours that relate to Autonomy, Justice, Explicability, and the privacy of their personal data. Models were created using Schwartz’s Refined Values as a possible indicator of how stakeholders discern and prioritise the different AI4People ethical principles when interacting with ASAs. Our findings raise issues around the ethical acceptability of ASAs for nudging and changing behaviour due to participants’ desire for autonomy and their concerns over deceptive ASA behaviours such as pretending to have memories and emotions. (shrink)

The notion of a mental interior has been derided as a Cartesian relic, the 'ghost in the machine' (Ryle, 1963). Yet there is a mental interior — indeed, there are two — only not where we tend to look. When a toddler talks to herself before sleep, she often plays the part of a parent toward herself, mitigating the dread of separation. She thus creates a pretend space between herself-as-parent and herself-as-child. Growing up, she plays others toward herself as (...) well. She and her simulated interlocutors are experienced by her as an expanded self with an inside, namely the place of inner speech. This pretend space is the first non-bodily interior. The second develops as a consequence. The simulated others diminish the dependence on actual others, who therefore cease to appear in their former importance. One yearns for them as they were, but the yearning is blocked — and banished from awareness — by dread of reverting to the earlier dependence. This second interior is the space between the unconscious self and the full kind of other for whom it yearns. The yearning enters conscious life indirectly and unthreateningly, for example in the fictive frame of art and in the relational frame of conversation. (shrink)

Critico la teoría hermenéutica de Landgrebe sobre el cartesianismo de Husserl mostrando la estructura argumentativa en la que se inserta, lo que pretende y lo que está forzada a pretender. Su núcleo duro radica en los conceptos de crítica inmanente y lógica interna y tiene como meta final promover una idea de trascendental no-entitativa voluntarista y correlacional opuesta a la de un yo absoluto. Para probar esto, analizo tres niveles del cartesianismo de Landgrebe: primero, la síntesis contradictoria entre apodicticidad y (...) experiencia; segundo, su interpretación de Filosofía Primera, y, tercero, el objetivismo de Husserl. Concluyo de la función que juega el cartesianismo en este esquema y del fracaso de documentar con ejemplos la idea que el concepto no describe una noción en la filosofía de Husserl, sino que es una herramienta hermenéutica para controlar el sentido de trascendental en esta filosofía.I criticize Landgrebe’s hermeneutical theory about Husserl’s Cartesianism describing the structure of the argument where this concept is rooted, what it claims and what it is forced to claim. The theory’s hard core is based on the concepts of immanent critique and internal logic and it’s final goal consists in advancing a non-entitative voluntaristic and correlational definition of transcendental opposite to that of an absolute I. To prove this, I analyze three levels inside Landgrebe’s concept of Cartesianism: first, the contradictory synthesis of experience and apodicticity; second, his interpretation of First Philosophy, and, third, Husserl’s objectivism. I conclude from the goal that Cartesianism plays in this argument and the failure in documenting this idea with examples that Landgrebe’s Cartesianism is rather an hermeneutical tool made to control the definition of transcendental in Husserl’s philosophy than a concept describing Husserl’s thought. (shrink)

Social participation requires certain abilities: communication with other members of society; social understanding which enables planning ahead and dealing with novel circumstances; and a theory of mind which makes it possible to anticipate the mental state of another. In childhood play we learn how to pretend, how to put ourselves in the minds of others, how to imagine what others are thinking and how to attribute false beliefs to them. Without this ability we would be unable to deceive (...) and detect deception in the actions of others, and our ability to interact within our social group would be greatly impaired. In this paper I claim that the capacity for deception is necessary for a theory of mind, and a theory of mind is necessary for complex social interaction. (shrink)

In this book I show that science suffers from a damaging but rarely noticed methodological disease, which I call rationalistic neurosis. It is not just the natural sciences which suffer from this condition. The contagion has spread to the social sciences, to philosophy, to the humanities more generally, and to education. The whole academic enterprise, indeed, suffers from versions of the disease. It has extraordinarily damaging long-term consequences. For it has the effect of preventing us from developing traditions and institutions (...) of learning rationally devoted to helping us learn how to make progress towards a wiser, more civilized world. On our fragile earth, overcrowded, fraught with injustice, inequality and conflict, menaced by unprecedented and terrifying technological and industrial means for change and destruction, we urgently need to acquire a little more wisdom and civilization if we are to avoid repeating horrors of the kind suffered by so many during the 20th century (and already suffered by many in the first few years of the 21st century). We can ill afford to have in our hands instruments of learning botched and bungled from the standpoint of helping us learn how to live more wisely. It may seem scarcely credible that something as important as our institutions of learning can suffer from wholesale, structural defects. Why has this not been noticed before? Why have not armies of scientists and scholars appreciated the point and, long ago, put the matter right? The answer will emerge as my argument unfolds. I will show that one of the most damaging features of rationalistic neurosis is that it has built-in methodological and institutional mechanisms which effectively conceal that anything is wrong. But there is also an immediately obvious reason: specialization, and the resulting fragmentation of academia, has resulted in a situation in which hardly anyone takes responsibility for the overall ideals, the overall aims and methods, of academic inquiry. Academics, these days, are specialists, furiously trying to keep abreast of developments in their own specialist fields. They have no time, and no inducement, to lift their eyes from their particular disciplines, and look at the whole endeavour. Science has long been under attack, at least since the Romantic movement. Blake objected to “Single vision & Newton’s sleep” and declared that “Art is the Tree of Life... Science is the Tree of Death”. Keats lamented that science will “clip an Angel’s wings” and “unweave a rainbow”. Whereas the Enlightenment had valued science and reason as tools for the liberation of humanity, Romanticism found science and reason oppressive and destructive, and instead valued art, imagination, inspiration, individual genius, emotional and motivational honesty rather than careful attention to objective fact. Much subsequent opposition to science stems from, or echoes, the Romantic opposition of Blake, Wordsworth, Keats and many others. There is the movement Isaiah Berlin has described as the “Counter-Enlightenment” (Berlin, 1979, ch. 1). There is existentialism, with its denunciation of the tyranny of reason, its passionate affirmation of the value and centrality of irrationality in human life, from Dostoevsky, Kierkegaard and Nietzsche to Heidegger and Sartre (see, for example, Barrett, 1962). There is the attack on Enlightenment ideals concerning science and reason undertaken by the Frankfurt school, by postmodernists and others, from Horkheimer and Adorno to Lyotard, Foucault, Habermas, Derrida, MacIntyre and Rorty (see Gascardi, 1999). The soul-destroying consequences of valuing science and reason too highly is a persistent theme in literature: it is to be found in the works of writers such as D.H. Lawrence, Doris Lessing, Max Frisch, Y. Zamyatin. There is persistent opposition to modern science and technology, and to scientific rationality, often associated with the Romantic wing of the green movement, and given expression in such popular books as Marcuse’s One Dimensional Man, Roszak’s Where the Wasteland Ends, Berman’s The Reenchantment of the World and Appleyard’s Understanding the Present. There is the feminist critique of science and conceptions of science: see, for example, Fox Keller (1984) and Harding (1986). And there are the corrosive implications of the so-called “strong programme” in the sociology of knowledge, and of the work of social constructivist historians of science, which depict scientific knowledge as a belief system alongside many other such conflicting systems, having no more right to claim to constitute knowledge of the truth than these rivals, the scientific view of the world being no more than an elaborate myth, a social construct (see Barnes and Bloor, 1981; Bloor, 1991; Barnes, Bloor and Henry, 1996; Shapin and Schaffer, 1985; Shapin, 1994; Pickering, 1984; Latour, 1987). This latter literature has provoked a counter-attack by scientists, historians and philosophers of science seeking to defend science and traditional conceptions of scientific rationality: see Gross and Levitt (1994), Gross, Levitt and Lewis (1996), and Koertge (1998). This debate between critics and defenders of science came abruptly to public attention with the publication of Alan Sokal’s brilliant hoax article ‘Transgressing the boundaries’ in a special issue of the cultural studies journal Social Text in 1996 entitled Science Wars: see Sokal and Bricmont (1998). What does this book have to contribute, given the above avalanche of criticism of science? The criticisms of science developed in this book are diametrically opposed to the above, in so far as the above criticisms oppose scientific rationality, seek to diminish or restrict its influence, or hold that it is unattainable. My central point is that we suffer, not from too much scientific rationality, but from not enough. What is generally taken to constitute scientific rationality is actually nothing of the kind. It is rationalistic neurosis, a characteristic, influential and damaging kind of irrationality masquerading as rationality. Science is damaged by being trapped within a widely upheld but severely defective philosophy of science; free science from this defective philosophy, provide it with a more intellectually rigorous philosophy, and it will flourish in both intellectual and humanitarian terms. And more generally, as we shall see, academic inquiry as a whole is damaged by being trapped within an intellectually defective philosophy of inquiry; free it from this defective philosophy, from its rationalistic neurosis, and it will flourish in intellectual and human terms. It is not reason that is damaging, but defective pretensions to reason — rationalistic neurosis —masquerading as reason. Thus what I seek to do here is the exact opposite of what all those who oppose science and scientific rationality do. I shall argue that Reason, the authentic article, arrived at by generalizing the progress-achieving methods of science, can have profoundly liberating and enriching consequences for all worthwhile, problematic aspects of life, and thus deserves to enter into every aspect of life. The bare bones of the argument of this book can be stated quite simply like this. Science cannot proceed without making the substantial metaphysical assumption that the universe is physically comprehensible (to some extent at least). But this conflicts with the orthodox view that in science everything is assessed impartially with respect to evidence, nothing being permanently assumed independently of evidence. So the metaphysical assumption of comprehensibility is repressed. Science pretends that no such assumption is made. But this damages science. For the assumption is substantial, influential and highly problematic. It needs to be made explicit within science so that it can be critically scrutinized, so that alternatives can be developed and considered. Pretending the assumption is not being made undermines the intellectual rigour of science, its intellectual value and success. And it does not stop there. For science also makes value assumptions. Quite properly, science is concerned to discover that which is of value. New factual knowledge devoid of all value (whether intellectual or practical) does not contribute to science. But the orthodox view of science holds that values have no place within science. As in the case of metaphysics, here too, science pretends that values have no role to play within the intellectual domain of science. And this damages science. For values are, if anything, even more influential and problematic than metaphysics (in influencing the direction of research). Here too, values need to be made explicit within science so that they can be scrutinized, so that alternatives can be developed and assessed. Pretending that values play no role within the intellectual domain damages science; both the intellectual and the practical aspects of science are adversely affected. Science fails to pursue those avenues of research that lie in the best interests of humanity. And it goes further. Science is pursued in a social, cultural, economic and political context. It is a part of various social, economic and political projects which seek to achieve diverse human objectives. But the idea that science is an integral part of humanitarian or political enterprises with political ends clashes, once again, with the official view of science that the aim of science is to improve factual knowledge. The political objectives of science are repressed. And, once again, this damages science. For, of course, the political objectives of science, like all our political objectives, are profoundly problematic. These need to be made explicit so that they can be scrutinized, so that alternatives can be developed and considered. The pretence that science does not have this political dimension once again undermines the intellectual rigour of science, and its human value. It lays science open to becoming a part of economic, corporate and political enterprises that are not in the best interests of humanity. The upshot of the line of argument just indicated is that we need to bring about a revolution in the aims and methods of science, and of academic inquiry more generally. Natural science needs to change; its relationship with the rest of academic inquiry, with social inquiry and the humanities, needs to change; and most importantly and dramatically, academic inquiry as a whole needs to change. The basic task of the academic enterprise needs to become to help humanity learn how to tackle its problems of living in more cooperatively rational ways than at present. We need to put the intellectual tasks of articulating our problems of living, and proposing and critically assessing possible solutions, possible and actual actions, at the heart of academic inquiry. The basic task needs to be to help humanity learn a bit more wisdom – wisdom being the capacity to realize what is of value in life, for oneself and others, wisdom including knowledge and technological know-how, but much else besides. Natural science, despite its flaws, has massively increased our knowledge and technological know-how. This in turn has led to a massive and sometimes terrifying increase in our power to act. Often this unprecedented power to act is used for human good, as in medicine or agriculture. But it is also used to cause harm, whether unintentionally (initially at least) as when industrialization and modern agriculture lead to global warming, destruction of natural habitats and rapid extinction of species, or intentionally, as when the technology of war is used by governments and terrorists to maim and kill. Before the advent of modern science, when we lacked the means to do too much damage to ourselves and the planet, lack of wisdom did not matter too much. Now, with our unprecedented powers to act, bequeathed to us by science, lack of wisdom has become a menace. This is the crisis behind all the other current global crises: science without wisdom. In these circumstances, to continue to pursue knowledge and technological know-how dissociated from a more fundamental quest for wisdom can only deepen the crisis. As a matter of urgency, we need to free science and academia of their neuroses; we need to bring about a revolution in the academic enterprise so that the basic aim becomes to promote wisdom by intellectual and educational means. At present science and the humanities betray both reason and humanity. The argument of this book, which I have just summarized, begins with a discussion of the philosophical and methodological problems that beset theoretical physics. At once, many of those who are concerned about moral, political and environmental issues that plague our world today, will feel impatient. What have the methodological problems of theoretical physics to do with third world poverty, war and the threat of war, pollution, extinction of species, the menace of conventional, chemical, biological and nuclear armaments? I can only plead with such a reader: patience. The root cause of the sickness of our times does indeed lie, I claim, with a methodological sickness of natural science or, even more specifically, of physical science. What makes the modern world so utterly different from all previous ages is our possession of modern science and technology. This is the instrument that has changed the conditions of human life almost beyond all recognition, and put unprecedented, and sometimes terrifying, powers into our hands. One should not dismiss out of hand the suggestion that a part of our problem may lie with this instrument, this engine, of rapid change. We see, here, too, the way in which intellectual specialization, referred to above, has effectively concealed from view the nature and extent of the problem that confronts us. The argument that I shall develop in what follows begins with physics, with problems concerning the aims and methods of physics. But it then leaps to social science, to philosophy, to the humanities, to education, to psychotherapy, and to politics: in the end there is scarcely an aspect of modern life that is not touched and, potentially, affected by the argument. How many academic experts are prepared to follow, to take seriously, an argument that ranges so recklessly across such a wide range of academic disciplines? How many non-academic non-experts? But just this is what the argument and message of this book requires. I hope that the reader will endure with patience the somewhat esoteric discussion concerning the aims and methods of physics pursued in chapter one. This may not seem to have anything much to do with the urgent problems of our times, but it does. This is in part how the intellectual disaster I seek to expose in this book conceals itself from view: it buries itself in the obscure, recondite field of the philosophy of physics. Those who devote their lives to the philosophy of physics are, by and large, too myopic to see how their specialized field of study has anything to do with the great and dreadful humanitarian problems and disasters of our age; and those who are above all concerned with these humanitarian disasters have no time at all for abstruse issues concerning the aims and methods of physics. And so the connection is never made. As it happens, the methodological neurosis of physics, with which we begin in chapter one, is actually a quite simple matter to grasp. It does not require any real knowledge of physics to understand. Indeed, physicists and philosophers of physics are much more likely to find the argument difficult to follow than are non-experts. We non-scientists can stand back and see the whole wood; scientists, trained to think in terms of the current orthodox conception of science, trapped in the thickets of research, will find this much harder to do. In an attempt to take this peculiar circumstance into account, I have arranged the exposition as follows. In chapter one I give a simple exposition of the case for declaring natural science to suffer from what I call "rationalistic neurosis"; this avoids all technicalities, and goes straight to the heart of the matter. In the appendix I tackle a host of more technical objections that may be made to the elementary argument of chapter one. So, those experts in the fields of the philosophy of physics and philosophy of science who find the argument of chapter one naïve and unconvincing, should consult the appendix before tossing the book away in disgust. I write in the hope that there will be a few who will not dismiss out of hand the suggestion that the question of how we are to go about learning how to live in wiser and more civilized ways might have something to learn from scientific learning, and will take the trouble to pursue the line of argument traced out in this book. I write in the hope that these few will grasp just how desperate our situation is, how urgent the need to change the status quo, and will do everything in their power to alert others to the need to heal the methodological sickness from which our institutions and traditions of learning at present suffer. To begin with, we need a campaigning organization, modelled perhaps on "Friends of the Earth", which might be called something like "Friends of Wisdom". (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)

A few years ago, I wrote a short text illustrating a problematic situation regarding the judgment of whether a particular fictional person, Bento, led a happy life or not. I frequently use this text in my introductory classes as a didactic resource to explain the nature of philosophy, its role in our understanding of the world, and to demonstrate its main challenge: the aporetic nature of philosophical questions. These questions do not yield unanimous or incontrovertible solutions; they always demand choice (...) and engagement. The merit of this text (which will be reproduced in the dialogue below) lies in the fact that almost everyone, upon reading or hearing it, has an immediate and irresistible inclination to consider Bento's life either happy or unhappy. Opinions tend to differ on this matter. In all the countless times I presented it to an audience, the responses were never unanimous. Disagreements always arose, illustrating the aporetic nature of philosophical questions. As soon as I learned about ChatGPT and its extraordinary capabilities as an artificial intelligence (AI) system, I decided to test it with my text. Its answer to the question of Bento's happiness was remarkably clear; perhaps the most precise response I had ever received. I was genuinely impressed yet somewhat frustrated. Despite providing a rather sophisticated philosophical analysis of the situation, ChatGPT refused to make a choice, to decide whether or not the character led a happy life. It informed me that, as an AI system, it has no values and does not make choices. It neither likes nor dislikes; it does not prefer. This revelation shocked me because choosing, preferring, and deciding, even in the absence of complete information, are, in my view, not only the essence of philosophy but also the essence of human intelligence. Eager to see ChatGPT make choices, I adopted the strategy of asking it to assume a human persona, to pretend to be a person, and I began chatting with this individual. I reasoned that if it played the role of a person convincingly, it must make choices. And so, our philosophical conversation commenced. (shrink)

Social developments/events of three different periods (Elizabethan Period (1558-1603), Jacobean Period (1603-1625) and Caroline Period (1625-1649) might have had great impact on Ben Jonson’s writing the play Volpone. In this qualitative study (conducted with literature research on the topic), Volpone through which he best reflected his corrupted society at that time will be examined. The play will be analysed to illuminate the native features related to the market economy. The economic sight based on commodity has such a great (...) power in changing the characters of the people, losing their morals because of their greed towards the power and wealth during the mentioned period. Another point to be discussed is to reckon whether Ben Jonson as a Dramatist had contrary opinions against the developing capitalist world. In the study, it has been found that the play of Volpone (the fox) depicts one of the best evidence how the characters can be changed through materialism. As a main character, he is a wealthy Venetian nobleman and exceptionally cunning, who devises a plan (pretending to die) with the assistance of his henchman (Mosca/ fly) to exploit his relatives waiting to be an heir of him. The play shows how his relatives flatter him and give him the most expensive gifts. He deceives each of them at the end. The play draws attention to the materialistic power of the 16th century. (shrink)

I present an affirmation of nothingness in the humor of Zhuang Zi 莊子. This essay begins with two images that present a playful transgression of perspectives: the butterfly dream and the discussion over the Hao river. I dwell on these transgressions to highlight the challenge for each to question one’s perspectives and to shift its grounding from epistemic to aesthetic value. Such a sensitivity suggests a mindfulness of the transformation of things 物化. This reinforces reality’s ephemerality, and I, following David (...) Chai, point what lies behind this as the non-being of nothingness 無無. The centrality of the Dao 道 qua nothingness is mirrored by a Daoist who becomes sensitive to the transformation of things and who ultimately undercomes reality, i.e., decenters oneself. This type of existence is what it means to be zhenuinly 真 pretending, which Zhuang Zi does, manifested by the humor in his work. (shrink)

Clearings of the Forest (Claros del Bosque, 1977), one of the most poetic and challenging works of María Zambrano’s thought, cannot be approached from a breathless paradigm. For the immersion in these clearings take us into the breathing of being that we contemplate alongside the more obvious physiological breathing, the breathing of life. In this work, Zambrano proposes a poetic and mystical phenomenology of the breathing of being through the breathing of its word. Thus, to recover contact with this inner (...) breathing could be to recover the lost chant of the word. This essay does not pretend to be a detailed analysis of Zambrano’s thought as a whole, nor of the vibrant mystery that her clearings reveal. The purpose is to uncover the fundamental role that breathing plays in this poetic-philosophical journey, along with other symbols such as light or love, with the question of what place this type of philosophical exercise occupies today in the classrooms of contemporary universities. (shrink)

The mask's role is central to the superhero narrative. The mask is a non-human identity, which replaces the civilian, human one; sometimes forever. It is what happens to the majority of Gotham's villains. While Batman can take off his mask and at least pretend to be Bruce Wayne, many of his enemies do not have the same privilege. For characters like Two-Face, Joker, Zsasz, and Clayface, the mask is carved directly into their bodies. Like masks, scars can replace one's (...) identity, but deeply and sometimes irreversibly. Bodies and masks play a central role in ancient primitive cultures, especially during initiation rituals. The two elements are distinct, but closely linked. Wearing a mask always implies a modification of the body, or at least of the way it is perceived. Furthermore, marks left on the body, whether temporary like a face paint or definitive like a tattoo, perform a similar function to that of the mask: they replace the individual's identity and communicate a message. The initiation ceremonies destroy a previous identity to create a new one. While an individuum is a Leib, a living body that is becoming and escapes an ultimate meaning, by inflicting pain and scars, the initiation rituals aim to reduce the body to a stable dimension. First an ecstasy, induced by drugs and fasting, and through the infliction of physical pain, shatters the previous identity. The Leib is reduced to the passivity of flesh. Then a new identity is literally written on the body through scars or tattoos, thus receiving an "ultimate" sense and giving him/her a role and a place within society. The scar is a new identity, like a mask carved directly on the body. (shrink)

Pretense is a topic of keen interest to philosophers and psychologists. But what is it, really, to pretend? What features qualify an act as pretense? Surprisingly little has been said on this foundational question. Here I defend an account of what it is to pretend, distinguishing pretense from a variety of related but distinct phenomena, such as (mere) copying and practicing. I show how we can distinguish pretense from sincerity by sole appeal to a person's beliefs, desires, and (...) intentions – and without circular recourse to an ‘intention to pretend’ or to a sui generis mental state of ‘imagining.’. (shrink)

Bradley Armour-Garb and James A. Woodbridge, in Pretense and Pathology, make an ambitious and far-ranging case that philosophical fictionalism (particularly the pretence variety that they favour) illuminates several long-standing philosophical puzzles posed by words in ordinary language, such as ‘exist’, ‘true’ and ‘means that’, as well as the more technical, ‘refers to’, ‘proposition’ and ‘satisfies’. Along the way, Armour-Garb and Woodbridge discuss topics in the philosophy of language, philosophical logic, ontology, epistemology and more. An important aspect of their project is (...) its nominalist aspiration: by showing (if they do) that pretence is involved when we use the foregoing terms, they hope to show that it’s false that these uses induce ontological commitments (to, e.g., propositions or properties). In this respect, their pretence approach is yet another attempt to undercut the family of indispensability arguments (pioneered by W.V.O. Quine) that prima facie force ontological commitments by means of indispensable language usage. (shrink)

Due to his theory of deontological ethic, Kant is regarded, in the history of philosophy, as one of the cornerstones of ethics, and it is said, as a rule, that he has an original theory of ethics in that he posited the idea of free and autonomous individual. However, when dug deeper into Kant‟s ethics, and also if it is ex-actly compared with theological ethic, it is clearly seen that all he has accomplished was to make a copy of the (...) theological ethic and to use such secular terms as reason, conscience, good will, moral law, categorical imperative, universalizability, summum bonum, ethico-civil state/universal religion of mere reason as a substitute for such key terms of religious ethics as God, prophet, for God‟s sake, the Golden Rule, Divine command, Heaven, Kingdom of God without modifying the wording, content and logic of theolog-ical ethics. So, the notion of a subject or reason which pretends to be God has no sign of originality. (shrink)

What is the value of intellectual playfulness? Traditional characterizations of the ideal thinker often leave out playfulness; the ideal inquirer is supposed to be sober, careful, and conscientiousness. But elsewhere we find another ideal: the laughing sage, the playful thinker. These are models of intellectual playfulness. Intellectual playfulness, I suggest, is the disposition to try out alternate belief systems for fun – to try on radically different perspectives for the sheer pleasure of it. But what would the cog-nitive value be (...) of such playfulness? I suggest that intellectual playfulness function as, at the very least, a kind of intellectual insurance policy against epistemic traps. An epistemic trap is a belief system that re-directs good-faith inquiry to bad results. Am epistemic trap manipulates background beliefs to fend off contrary evidence. For example, a conspiracy theory might include a set of beliefs about how the mainstream media has been taken over by some vicious cabal. Normal epistemic attempts will be captured by a well-wrought epistemic trap, because normal attempts at inquiry are guided by these background beliefs -- which set what counts as a plausible path to explore, and what is implausible or beyond the pale. And a clever epistemic trap will manipulate those background beliefs for ill effect. Intellectual playfulness, on the other hand, isn’t motivated by an epistemic interest in the truth, but in the sheer pleasure of intellectual exploration. Since intellectual playfulness isn’t oriented towards the truth, it won’t be constrained by an agent’s background beliefs – it won’t, for example, prefer to investigate apparently more plausible pathways. Intellectual playfulness offers an opportunity to escape from epistemic traps. But intellectual playfulness has its own limitations. It will only drive us to explore belief systems when that exploration is fun. What we need is an array of differently-motivated exploratory tendencies – empathy, curiosity, playfulness – each of which will each cover for the others’ limitations. (shrink)

This paper examines Plato’s conception of shame and the role intoxication plays in cultivating it in the Laws. Ultimately, this paper argues that there are two accounts of shame in the Laws. There is a public sense of shame that is more closely tied to the rational faculties and a private sense of shame that is more closely tied to the non-rational faculties. Understanding this division between public and private shame not only informs our understanding of Plato’s moral psychology, but (...) his political and ethical theory as well. (shrink)

This chapter presents a conception of understanding where understanding emerges out of the joint experience of conversation. On this conception, understanding requires more than the pre-reflective acquisition of shared social meanings – a conception of understanding historically highlighted by existential phenomenologists. Beyond this, it requires what occurs in genuine conversation, namely, that one put one’s pre-reflective social meanings at risk in the process of critical self-reflection. Drawing from the hermeneutic phenomenology of Hans-Georg Gadamer, I argue that conversation is that joint (...) experience that gives rise to such critical self-reflection and that it is conversation’s play-structure in particular that makes it a source of understanding in this sense. (shrink)

Text představuje aktivní role-playing jako výzkumnou experimentální metodu v sociálních vědách. Zasazuje role-playing do rámce simulačních výzkumných metod, rozkrývá jeho epistemo- logii a dosavadní metodologická uchopení zejména v sociální psychologii. Hlavní linií textu je obhajoba epistemologických kvalit metody a experimentu v sociálních vědách obecně. Inspiračním zdrojem je zde na jedné straně Latourova kvalitativní sociologie asociací, tázající se po původu sociality a problematizující samotný před- mět sociálních věd, tj. sociálno. A na druhé straně přístupy naturalizující sociálně- vědné výzkumy propojením s kognitivní (...) vědou. V tomto ohledu je naším klíčovým předpokladem pro smysluplné uchopení sociální reality v její simulované podobě shodnost kognitivních mechanismů skutečného i simulovaného jednání. V pojetí textu jsou oba zdroje spojeny jejich akcentem na tematizaci sociálna jako inter-psychologického fenoménu mezi tradiční mikro a makro úrovní. Analogií s Petriho miskou text promýšlí posunutí původní metody situační sociální psycho- logie směrem k využití konstruovaných diegetických liminálních situací jako svého druhu laboratoří sociálna. (shrink)

In his paper “Fairness, Political Obligation, and the Justificatory Gap” (published in the Journal of Moral Philosophy), Jiafeng Zhu argues that the principle of fair play cannot require submission to the rules of a cooperative scheme, and that when such submission is required, the requirement is grounded in consent. I propose a better argument for the claim that fair play requires submission to the rules than the one Zhu considers. I also argue that Zhu’s attribution of consent to (...) people commonly thought to be bound to follow the rules by a duty of fair play is implausible. (shrink)

This article argues that the Indian philosopher-mystic Sri Aurobindo espoused a sophisticated form of cosmopsychism that has great contemporary relevance. After first discussing Aurobindo’s prescient reflections on the “central problem of consciousness” and his arguments against materialist reductionism, I explain how he developed a panentheistic philosophy of “realistic Adwaita” on the basis of his own spiritual experiences and his intensive study of the Vedāntic scriptures. He derived from this realistic Advaita philosophy a highly original doctrine of evolutionary cosmopsychism, according to (...) which the Divine Saccidānanda is “involved” in everything in the universe and gradually manifests itself at each stage of the evolutionary process from matter to life to mind, and ultimately, to Supermind—the final stage that is yet to come, upon the attainment of which we will attain knowledge of our true divine nature as Saccidānanda. I then reconstruct Aurobindo’s novel solution to the individuation problem, according to which the Divine Saccidānanda individuates into various distinct consciousnesses by playfully limiting itself through a process of “exclusive concentration.” Finally, I highlight the continued relevance of Aurobindo’s evolutionary cosmopsychism by bringing him into conversation with Itay Shani, a contemporary proponent of cosmopsychism. (shrink)

In ethical reflections on new technologies, a specific type of argument often pops up, which criticizes scientists for “playing God” with these new technological possibilities. The first part of this article is an examination of how these arguments have been interpreted in the literature. Subsequently, this article aims to reinterpret these arguments as symbolic arguments: they are grounded not so much in a set of ontological or empirical claims, but concern symbolic classificatory schemes that ground our value judgments in the (...) first place. Invoking symbolic arguments thus refers to how certain new technologies risk undermining our fundamental symbolic distinctions by which we organize and evaluate our interactions with the world and in society. Such symbolic distinctions, moreover, tend to be resilient against logical argumentation, mainly because they themselves form the basis on which we argue in the cultural and ethical sphere in the first place. Therefore, effective strategies to evaluate and counter these arguments require another approach, showing that these technologies either do not challenge these classifications or, if they do, how they can be accompanied by the proper actions to integrate these technologies into our society. (shrink)

Some philosophers and theologians have argued against the idea of Human Enhancement, saying that human beings should not play God. A closer look, however, might reveal that the question of who is playing Whom is far from being so clear-cut. This chapter will address the idea of human enhancement from the standpoint of theistic theology, arguing that human enhancement and theistic theology may not be so very incompatible, after all.

Recent philosophy of science has seen a number of attempts to understand scientific models by looking to theories of fiction. In previous work, I have offered an account of models that draws on Kendall Walton’s ‘make-believe’ theory of art. According to this account, models function as ‘props’ in games of make-believe, like children’s dolls or toy trucks. In this paper, I assess the make-believe view through an empirical study of molecular models. I suggest that the view gains support when we (...) look at the way that these models are used and the attitude that users take towards them. Users’ interaction with molecular models suggests that they do imagine the models to be molecules, in much the same way that children imagine a doll to be a baby. Furthermore, I argue, users of molecular models imagine themselves viewing and manipulating molecules, just as children playing with a doll might imagine themselves looking at a baby or feeding it. Recognising this ‘participation’ in modelling, I suggest, points towards a new account of how models are used to learn about the world, and helps us to understand the value that scientists sometimes place on three-dimensional, physical models over other forms of representation. (shrink)

The central concern of this paper is to explore the efforts of Schiller's post-Kantian idealism and Marcuse's critical theory to develop a new conception of free human experience. That conception is built on the notion of play. Play is said to combine the human capacities for physical pleasure and reason, capacities which the modern world has dualized. Analysis of their respective accounts of play reveals its ambivalent form in the work of both philosophers. Play supports the (...) ideal of ‘freedom from necessity’, understood as a release from all external constraint. But it also appears to serve as a model for ‘freedom as a higher necessity’. In the case of Schiller, the ambivalence encompasses idle play and an obligation to make ourselves worthy of freedom. For Marcuse, play represents a kind of libidinal idleness while also underpinning a non-alienated conception of labour. (shrink)

According to cognitive psychologists, moral decision-making is a dual-process phenomenon involving two types of cognitive processes: explicit reasoning and implicit intuition. Moral development involves training and integrating both types of cognitive processes through a mix of instruction, practice, and reflection. Serious games are an ideal platform for this kind of moral training, as they provide safe spaces for exploring difficult moral problems and practicing the skills necessary to resolve them. In this article, we present Morality Play, a model for (...) the design of serious games for ethical expertise development based on the Integrative Ethical Education framework from moral psychology and the Lens of the Toy model for serious game design. (shrink)

Research in education indicates that the Philosophy for Children (P4C) curriculum is instrumental in achieving important educational objectives. And yet, it is precisely this instrumentalist conception of P4C that has been challenged by a second generation of P4C scholars. Among other things, these scholars argue that P4C must remain vigilant toward, and avoid subscribing to 1) developmentalism and 2) a reductive identification of thinking with rationality. On the contrary, they suggest that P4C must ensure that it gives voice to childhood, (...) allowing it to enter a genuine dialogue with adulthood. Scholars who defend a non-reductive and non-instrumentalist approach to P4C, highlight the significance of play in philosophy sessions with children. In this paper I examine the extent to which the philosophical inquiry that takes place in the context P4C can be understood as a playful activity. I submit that Fink’s account of play can help us reach a better understanding of what we mean by play, which in turn can help us examine the compatibility between the activities of P4C and play. In the first part of the paper, I examine some of the basic ideas of P4C and raise the question about the compatibility of philosophical inquiry and play. In the second part of the paper, I engage in a philosophical appreciation of play by drawing on the work of Eugen Fink. In the final part of the paper, I show how play – understood along Fink’s lines – is compatible with philosophical inquiry as practiced in school settings. (shrink)

Recent research shows – somewhat astonishingly – that people are willing to ascribe moral blame to AI-driven systems when they cause harm [1]–[4]. In this paper, we explore the moral- psychological underpinnings of these findings. Our hypothesis was that the reason why people ascribe moral blame to AI systems is that they consider them capable of entertaining inculpating mental states (what is called mens rea in the law). To explore this hypothesis, we created a scenario in which an AI system (...) runs a risk of poisoning people by using a novel type of fertilizer. Manipulating the computational (or quasi-cognitive) abilities of the AI system in a between-subjects design, we tested whether people’s willingness to ascribe knowledge of a substantial risk of harm (i.e., recklessness) and blame to the AI system. Furthermore, we investigated whether the ascription of recklessness and blame to the AI system would influence the perceived blameworthiness of the system’s user (or owner). In an experiment with 347 participants, we found (i) that people are willing to ascribe blame to AI systems in contexts of recklessness, (ii) that blame ascriptions depend strongly on the willingness to attribute recklessness and (iii) that the latter, in turn, depends on the perceived “cognitive” capacities of the system. Furthermore, our results suggest (iv) that the higher the computational sophistication of the AI system, the more blame is shifted from the human user to the AI system. (shrink)

A central debate in philosophy and neuroscience pertains to whether PFC activity plays an essential role in the neural basis of consciousness. Neuroimaging and electrophysiology studies have revealed that the contents of conscious perceptual experience can be successfully decoded from PFC activity, but these findings might be confounded by post- perceptual cognitive processes, such as thinking, reasoning, and decision-making, that are not necessary for con- sciousness. To clarify the involvement of the PFC in consciousness, we present a synthesis of research (...) that has used intracranial electrical stimulation (iES) for the causal modulation of neural activity in the human PFC. This research provides compelling evidence that iES of only certain prefrontal regions (i.e., orbitofrontal cortex and anterior cingu- late cortex) reliably perturbs conscious experience. Conversely, stimulation of anterolateral prefrontal sites, often con- sidered crucial in higher-order and global workspace theories of consciousness, seldom elicits any reportable alterations in consciousness. Furthermore, the wide variety of iES-elicited effects in the PFC (e.g., emotions, thoughts, and olfactory and visual hallucinations) exhibits no clear relation to the immediate environment. Therefore, there is no evidence for the kinds of alterations in ongoing perceptual experience that would be predicted by higher-order or global workspace theories. Nevertheless, effects in the orbitofrontal and anterior cingulate cortices suggest a specific role for these PFC subregions in supporting emotional aspects of conscious experience. Overall, this evidence presents a challenge for higher-order and global workspace theories, which commonly point to the PFC as the basis for con- scious perception based on correlative and possibly confounded information. (shrink)

In this paper I investigate the relationship between the serious and the playful elements in Socrates’ character as these unfold within the context of Xenophon’s Symposium. For the Greeks, the concept of value is attached to the meaning of seriousness, and this accounts for the natural preference for the serious over the playful. Despite the potential rivalry of the playful and philosophy, Socrates mixes the playful with the serious in such a way as to conceal their boundary. This mixing serves (...) the purpose of education, by both attracting us to Socrates and placing us at a distance from the intended meaning of his words. (shrink)

Art is universal across cultures. Yet, it is biologically expensive because of the energy expended and reduced vigilance. Why do humans make and contemplate it? This paper advances a thesis about the psychological origins of perceptual art. First, it delineates the aspects of art that need explaining: not just why it is attractive, but why fine execution and form—which have to do with how the attraction is achieved—matter over and above attractiveness. Second, it states certain constraints: we need to explain (...) pleasure in contemplation, not value extracted from the object by activities other than contemplation. The theory is that aesthetic pleasure is a motivation for learning skills. Two forms of pleasure are postulated. The first accompanies the spontaneous activity necessary for learning a more or less universal basic level of skill. The second accompanies highly skilled activity. This second kind of pleasure is specific to art as such. (shrink)

This paper addresses the concept of play concerning human formation, especially as manifested in the philosophies of Gadamer and Schiller. Gadamer depicted understanding as an organic motion that unfolds through seeing differences and characterized play as a flexible back-and-forth movement or interplay between possibilities and transformations. Schiller structured play as the playful impulse similarly as an interactive moving force that connects the two seemingly oppositional impulses of reason and sensation and lets the two affect the other dialogically. (...) Both Gadamer and Schiller suggest that play, as in essence an inter-play, orients us into seeing more possibilities of making a refreshing sense of our intellectual and perceptual abilities and thereby transfiguring our living being into richer and fuller meaningfulness. (shrink)

Una difesa di una soluzione antirealista al paradosso del seguire una regola.

In his philosophy of art history, Arthur C. Danto claims that in the 1960 ́s the master narrative of art had come to an end, and that we had reached the end of art. This conception has been widely considered, but also misunderstood. Hans Maes has recently discussed Danto's conception of the end of art in his article, where he clears some misconceptions about the thesis, but at the same time challenges Danto's analysis of contemporary art.