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

Twentieth century philosophers introduced the distinction between “objective rightness” and “subjective rightness” to achieve two primary goals. The first goal is to reduce the paradoxical tension between our judgments of (i) what is best for an agent to do in light of the actual circumstances in which she acts and (ii) what is wisest for her to do in light of her mistaken or uncertain beliefs about her circumstances. The second goal is to provide moral guidance to an agent (...) who may be uncertain about the circumstances in which she acts, and hence is unable to use her standard moral principle directly in deciding what to do. This paper distinguishes two important senses of “moral guidance”; proposes criteria of adequacy for accounts of subjective rightness; canvasses existing definitions for “subjective rightness”; finds them all deficient; and proposes a new and more successful account. It argues that each comprehensive moral theory must include multiple principles of subjective rightness to address the epistemic situations of the full range of moral decision-makers, and shows that accounts of subjective rightness formulated in terms of what it would reasonable for the agent to believe cannot provide that guidance. -/- . (shrink)

According to many theories of testimony, acts of testimony confer certain epistemic rights upon recipients, e.g., the right for the recipient to complain or otherwise hold the testifier responsible should the content of that testimony turn out to be false, and the right to “pass the epistemic buck”, such that the recipient can redirect relevant challenges they may encounter back to the testifier. While these discussions do not explicitly exclude testimonial acts that occur online, they do not specifically (...) address them, either. Here, then, I will ask the following questions: do the differences between communicating in online and offline spaces affect our testimonial epistemic rights, and if so, how? While there is no singular “online space”, here I will focus on such spaces in which users communicate with one another, and in which communicated information can be vetted by other users (for example, social media). I argue that the characteristics of online testimony should make us think about testimonial epistemic rights differently, in two ways. First, whereas such rights have traditionally been conceived of as existing between the recipient and testifier, in many different types of online communication these rights exist between the recipient and a community. This is a result of the fact that online testimony is mediated, and in some cases partially determined by, a community of users. As such, testimonial epistemic rights in online spaces may be widely extended: while the original testifier still bears the brunt of responsibility for challenges, and is the primary buck-passee, all other members of the relevant community will also bear some such responsibilities. Second, the grounds of testimonial epistemic rights may differ in online spaces. Existing theories tend to ground such rights either in assurances provided by the testifier, or else norms that govern speech acts. I argue that testimony in online spaces should cause us to look to a third option, what I call norms of information sharing. The idea is that, given the highly social nature of online communication, a recipient acquires testimonial epistemic rights in virtue of having a reasonable expectation that information that is shared and vetted by the community meets certain standards. The grounds of online testimonial epistemic rights, then, is not primarily interpersonal or norms-based, but social. (shrink)

Discussions concerning whether there is a natural right to health care may occur in various forms, resulting in policy recommendations for how to implement any such right in a given society. But health care policies may be judged by international standards including the UN Universal Declaration of Human Rights. The rights enumerated in the UDHR are grounded in traditions of moral theory, a philosophical analysis of which is necessary in order to adjudicate the value of specific policies (...) designed to enshrine rights such as a right to health care. We begin with an overview of the drafting of the UDHR and highlight the primary influence of natural law theory in validating the rights contained therein. We then provide an explication of natural law theory by reference to the writings of Thomas Aquinas, as well as elucidate the complementary “capabilities approach” of Martha Nussbaum. We conclude that a right to health care ought to be guaranteed by the state. (shrink)

A recently developed view in political theory holds that only political agents, particularly states, can be primary bearers of human-rights duties. Problematically, this so-called ‘political view’ appears unable to account for the human-rights responsibilities of powerful non-state actors, such as transnational corporations (TNCs). Can a recognizably political view respond to this concern? I show that, once the moral underpinnings of the political view are made explicit, it can. I suggest that, on the political view, what makes states (...) class='Hi'>primary bearers of human-rights duties is their possession of both (i) the capacity to fulfill human right and (ii) what I call the ‘authority-plus-sovereignty package’. Building on the existing literature on the moral responsibilities of TNCs, I argue that some TNCs—especially in areas of weak governance—meet these two conditions. I thus conclude that they count as bearers of primary human-rights responsibilities even from within a political perspective on human rights. (shrink)

Is the family subject to principles of justice? In "A Theory of Justice", John Rawls includes the (monogamous) family along with the market and the government as among the, "basic institutions of society", to which principles of justice apply. Justice, he famously insists, is primary in politics as truth is in science: the only excuse for tolerating injustice is that no lesser injustice is possible. The point of the present paper is that Rawls doesn't actually mean this. When (...) it comes to the family, and in particular its impact on fair equal opportunity, (the first part of the Difference Principle, Rawls' second principle of justice), he abandons the priority of justice. I also argue that he is right to do so. -/- The central argument is simple. As Rawls admits, what family one is raised by profoundly affects one's life chances: a child raised by a family has far greater life chances on every dimension than one raised in a poorer family that may lack books, education, and time to give the child attention. But the prevailing family arrangements in the industrialized West, assigning children to be raised by their biological parents, is guaranteed to perpetuate this injustice. While Rawls says an unjust institution in the basic structure of society, in which he includes the family, must be, "reformed or abolished," he refrains from calling for the reform or abolition of the family. We must simply work around it to compensate for the injustices he admits it involves. And this despite the fact that alternative arrangements involving communal child-rearing (Plato) or assigning children to those best qualified to raise them (Rousseau) are common in the philosophical literature. Moreover, the practice of having children raised by their biological parents is a relatively recent one, at least in the West, where, before the late 18th century, fostering-out or apprenticeship arrangements were normal and expected for both rich and poor for centuries. -/- Much of the paper is devoted to fine-grained textual analysis of Rawls' attempts to avoid the devastating implications of this argument for his theory of justice -- much of which are stated only in the original edition of "A Theory of Justice" and simply deleted, without substitution by anything better, in the second edition. In the end, Rawls has no way out. He cannot keep the priority of justice, fair equality of opportunity, and the monogamous family in which children are raised by their biological parents. As he admits, these are mutually inconsistent. -/- In the final part of the paper, I argue that Rawls should give up on the priority of justice. While child-rearing by the biological parents is a historical anomaly, in the real modern world it would be politically unfeasible to institute Platonic, Rousseauean, or similar legislation that purportedly assigned children to those best able to raise them, regardless of biological relationship. Since Rawls is committed to principles of political stability and feasibility, as he should be, and since ought implies can, such proposals are off the table. I concur with Rawls that we must work around this injustice, even those there are more just arrangements available in principle. But the cost of this -- less high than Rawls suggests -- is abandoning the principle of the priority of justice. Justice is one of a number of considerations that we must or may balance in deciding on the best attainable social relations. It is not a trump. However, this comes a great cost for Rawls: he must also abandon the lexical ordering of principles of justice or, in general, right or good principles of social order, in favor of the messy intuitionist balancing that his theory is designed to avoid. -/- One feature of the paper that is worth independent attention is a discussion of Marx's rejection of justice in the Critique of the Gotha Program, which I explicate, and urge, without adopting it, that it has a great deal more force than is widely understood. (shrink)

Abstract Do the central aims of epistemology, like those of moral philosophy, require that we designate some important place for those concepts located between the thin-normative and the non-normative? Put another way, does epistemology need "thick" evaluative concepts and with what do they contrast? There are inveterate traditions in analytic epistemology which, having legitimized a certain way of viewing the nature and scope of epistemology's subject matter, give this question a negative verdict; further, they have carried with them a tacit (...) commitment to what we argue to be an epistemic analogue of the reductionistic centralist thesis which Bernard Williams, in our view, successfully repudiates in ethics. In this essay, we challenge the epistemic analogue of the traditional but mistaken thesis. In offering an alternative to it which provides a comfortable home for the epistemic normativity which attends thick evaluative concepts, we align ourselves with what has been recently called the Value Turn in epistemology. From this perspective, we defend that, contrary to tradition, as influenced by centralist assumptions, epistemology does need thick evaluative concepts. Further, the sort of theories that will be able to give thick evaluative concepts an irreducible role in both belief and agent evaluation are adequately social epistemologies. What loosely refer to as second-wave of virtue epistemology is the widespread interest to provide a comfortable home for the role of thick normativity, as it is connected both with epistemic evaluation, and guidance. We recognize that, in breaking from centralism, there is a worry that a resulting anti-centralist theory will be reductionistic in the other direction, making the thick primary. We contend however that second-wave virtue epistemologies take different sources of social and epistemic value into account; they seek the 'right thickness' to ride with conception of epistemology and a field which due in part to virtue theory's resurgence, is today normative, diverse and expansive than was the traditional set of problems from which it emerged. (shrink)

Abstract: The refugee, migrant and human rights crisis ravaging the African continent through the Libyan coast is one that is self-inflicted, due in part and primarily so, a result of bad governance on the part of the African leaders who have not made the management and welfare of her citizens a primary and a going concern. Ethnic conflict and wars on resource control have also led to the forceful migration of some of these citizens from their homes. Thus, having (...) been frustrated and uncared for, dreams dashed and hope in the leaders lost, the average African citizen, in a bid to achieve their natural given potential have decided to seek alternative means to do so in other climes other than their home countries, no matter the cost. Using the documentary method of data collection and expost facto research design, the study found that the current crisis in Libya is largely a product of neglect by African leaders of their citizens and their seeming cluelessness in the ordering and direction of the lives of their citizens for individual, collective and societal growth. Apart from determining if the dearth of leadership was responsible for the current human rights crisis in Libya, the study also found that the average living conditions of African citizens was a probable cause. Thus, to properly understand the philosophical reason for the exodus of Africans out of their home countries, the study adopted the Neoclassical Migration Theory. The study finally recommends that African leaders should address the structural imbalance in their various domains that have sparked both internecine and genocidal conflict across the continent, and also ensure the implementation of the tenets of good and inclusive governance. (shrink)

Civil liberty and privacy advocates have criticized the USA PATRIOT Act (Act) on numerous grounds since it was passed in the wake of the World Trade Center attacks in 2001. Two of the primary targets of those criticisms are the Act’s sneak-and-peek search provision, which allows law enforcement agents to conduct searches without informing the search’s subjects, and the business records provision, which allows agents to secretly subpoena a variety of information – most notoriously, library borrowing records. Without attending (...) to all of the ways that critics claim the Act burdens privacy, I examine whether those two controversial parts of the Act, the section 213 sneak-and-peak search and the section 215 business records gag-rule provisions, burden privacy as critics charge. I begin by describing the two provisions. Next, I explain why those provisions don’t burden privacy on standard philosophical accounts. Moreover, I argue that they need not conflict with the justifications for people’s claims to privacy, nor do they undermine the value of privacy on the standard accounts. However, rather than simply concluding that the sections don’t burden privacy, I argue that those provisions are problematic on the grounds that they undermine the value of whatever rights to privacy people have. Specifically, I argue that it is important to distinguish rights themselves from the value that those rights have to the rights-holders, and that an essential element of privacy rights having value is that privacy right-holders be able to tell the extent to which they actually have privacy. This element, which is justified by the right-holders’ autonomy interests, is harmed by the two provisions. (shrink)

Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic values. (...) Realisation of the primary aim of this paper is linked to the problem of different meanings of the notion of universality, used in the context of the universal system of the protection of human rights. First, descriptive and normative meanings have to be distinguished. In the case of normative sense, there are moral and legal meanings of “universality”. An axiological justification of the universality of human rights in the legal sense leads to the legitimisation of the universal system. It is shown that modifications of – broadly accepted in the Polish theory of law – definitions of an axiological justification of legal norms are needed. These definitions base such a justification on the valuations made by particular groups of subjects. It is argued that it is much more convenient to refer to valuations understood as meanings of sentences of certain kind. -/- Streszczenie W artykule zmierza się do uzasadnienia tezy, że legitymizacja uniwersalnego systemu ochrony praw człowieka jest oparta nie tyle na treści wartości uznawanych w tym systemie, ale na uznanych w nich rozstrzygnięciach metaaksjologicznych, dotyczących tego, jak istnieją wartości podstawowe dla tego systemu i czy są one poznawalne. Walor legitymizacyjny posiada przede wszystkim uznanie obiektywnego charakteru tych wartości i ich poznawalności. Realizacja zasadniczego celu zakłada uporządkowanie podstawowych pojęć dotyczących problematyki powszechności praw człowieka – termin „powszechność” stosowany w odniesieniu do praw człowieka w kontekście uniwersalnego systemu ochrony ma wiele znaczeń. Przede wszystkim odróżnić trzeba powszechność w aspekcie opisowym i w aspekcie normatywnym. W przypadku powszechności w aspekcie normatywnym w grę może wchodzić powszechność w sensie ideowym i powszechność w sensie pozytywnoprawnym. Uzasadnienie tej ostatniej jest też uzasadnieniem poszukiwanej tu legitymizacji uniwersalnego systemu ochrony praw człowieka. Prowadzone analizy prowadza także do sformułowania postulatów dotyczących sposobu definiowania uzasadnienia aksjologicznego norm prawnych. Modyfikacji wymagają powszechnie przyjmowane w polskiej teorii prawa definicje relatywizujące takie uzasadnienie do ocen przyjmowanych przez konkretne podmioty oceniające lub ich grupy. (shrink)

This monographic chapter explains how expected utility (EU) theory arose in von Neumann and Morgenstern, how it was called into question by Allais and others, and how it gave way to non-EU theories, at least among the specialized quarters of decion theory. I organize the narrative around the idea that the successive theoretical moves amounted to resolving Duhem-Quine underdetermination problems, so they can be assessed in terms of the philosophical recommendations made to overcome these problems. I actually follow (...) Duhem's recommendation, which was essentially to rely on the passing of time to make many experiments and arguments available, and evebntually strike a balance between competing theories on the basis of this improved knowledge. Although Duhem's solution seems disappointingly vague, relying as it does on "bon sens" to bring an end to the temporal process, I do not think there is any better one in the philosophical literature, and I apply it here for what it is worth. In this perspective, EU theorists were justified in resisting the first attempts at refuting their theory, including Allais's in the 50s, but they would have lacked "bon sens" in not acknowledging their defeat in the 80s, after the long process of pros and cons had sufficiently matured. This primary Duhemian theme is actually combined with a secondary theme - normativity. I suggest that EU theory was normative at its very beginning and has remained so all along, and I express dissatisfaction with the orthodox view that it could be treated as a straightforward descriptive theory for purposes of prediction and scientific test. This view is usually accompanied with a faulty historical reconstruction, according to which EU theorists initially formulated the VNM axioms descriptively and retreated to a normative construal once they fell threatened by empirical refutation. From my historical study, things did not evolve in this way, and the theory was both proposed and rebutted on the basis of normative arguments already in the 1950s. The ensuing, major problem was to make choice experiments compatible with this inherently normative feature of theory. Compability was obtained in some experiments, but implicitly and somewhat confusingly, for instance by excluding overtly incoherent subjects or by creating strong incentives for the subjects to reflect on the questions and provide answers they would be able to defend. I also claim that Allais had an intuition of how to combine testability and normativity, unlike most later experimenters, and that it would have been more fruitful to work from his intuition than to make choice experiments of the naively empirical style that flourished after him. In sum, it can be said that the underdetermination process accompanying EUT was resolved in a Duhemian way, but this was not without major inefficiencies. To embody explicit rationality considerations into experimental schemes right from the beginning would have limited the scope of empirical research, avoided wasting resources to get only minor findings, and speeded up the Duhemian process of groping towards a choice among competing theories. (shrink)

A lump theorist claims that ordinary objects are spread out across possible worlds, much like many of us think that tables are spread out across space. We are not wholly located in any one particular world, the lump theorist claims, just as we are not wholly spatially located where one’s hand is. We are modally spread out, a trans-world mereological sum of world-bound parts. We are lump sums of modal parts. And so are all other ordinary objects. In this paper, (...) I explore lump theory and investigate five arguments against it. These arguments may be the primary reasons why lump theory has not been widely accepted––or extensively explored––until now. I maintain that these arguments can be answered, and moreover, that accepting lump theory has distinct advantages, making it a competitive view in its own right. (shrink)

On 17 February 2008, the province of Kosovo formally declared its independence from Serbia. The most important normative theories of secession - choice theories and just cause theories - appear to justify the creation of a second Albanian state on the Balkans. Kosovo’s independence reflects the will of the vast majority of its inhabitants and can be seen as a remedy for grave human rights violations in the era of Slobodan Milosevic. Two problems, however, need to be thoroughly discussed. Firstly, (...) the secession of Kosovo may establish a precedent for other separatist conflicts and contribute to the destabilization of south-east Europe and other world regions. Secondly, the new political authorities in Pristina may not be capable to protect the Serb minority against discrimination and repression. It is argued that both problems give no conclusive reasons to reject Kosovo’s claim for independence. However, some aspects of the secession, for instance the maintenance of the provincial borders, are considered to be illegitimate. (shrink)

Presented at Philosophy Across Disciplines Conference 2021, Newcastle University. -/- As noted by philosopher Robert Pasnau, “our standard view of sound is incoherent” at best. A quick perusal of how we discuss and represent sound in our day-to-day language readily highlights a number of inconsistencies. Sound might be described roughly as emanating from the location of its material source (the ‘crack of the snare drum over there’ distal theory), as a disruption somewhere in the space in-between the sounding object (...) and the listener (the ‘longitudinal compression waves in the air’ medial theory), located with the hearer (the ‘inner sensations’ proximal theory), or perhaps as devoid of spatial characteristics at all (aspatial theory). Beyond these topographic ruminations on the location of sounds, even deeper disagreements arise around just what sorts of things sounds are. A broad array of theories treat sounds as events, as object-like particulars that travel through space, as properties of their sounding objects, etc.—with many subtle ontological variations springing up along the way. The philosophical plot further thickens as we expand from defining the ontology and spatial position of simple primary sounds through to the phenomenon of echoes, with certain theories arguably faring better than others. We’ll focus here on Casey O’Callaghan’s formulation of sounds as disturbance events which bind primary sounds and their echoes together as one. In short, the claim that echoes are identical to their associated primary sound and are not distinct sounds in their own right. Described as the ‘Primary Sound Account of Echoes’ (‘PSAE’) in Gregory Fowler’s “Against the Primary Sound Account of Echoes,” the intricacies of this particular aspect of O’Callaghan’s theory of a primary sound’s connection to its echo bears greatly upon the workability of distal theories of sound in general. What I seek to achieve in this presentation is to illustrate how O’Callaghan’s PSAE fails when subjected to increased scrutiny across a broader range of echo scenarios, which in turn presents a significant issue for proponents of distal theories of sound. (shrink)

A crucial socio-political challenge for our age is how to rede!ne or extend group membership in such a way that it adequately responds to phenomena related to globalization like the prevalence of migration, the transformation of family and social networks, and changes in the position of the nation state. Two centuries ago Immanuel Kant assumed that international connectedness between humans would inevitably lead to the realization of world citizen rights. Nonetheless, globalization does not just foster cosmopolitanism but simultaneously yields the (...) development of new group boundaries. Group membership is indeed a fundamental issue in political processes, for: “the primary good that we distribute to one another is membership in some human community” – it is within the political community that power is being shared and, if possible, held back from non-members. In sum, it is appropriate to consider group membership a fundamental ingredient of politics and political theory. How group boundaries are drawn is then of only secondary importance. Indeed, Schmitt famously declared that “[e]very religious, moral, economic, ethical, or other antithesis transforms into a political one if it is suffciently strong to group human beings e#ectively according to friend and enemy”. Even though Schmitt’s idea of politics as being constituted by such antithetical groupings is debatable, it is plausible to consider politics among other things as a way of handling intergroup di#erences. Obviously, some of the group-constituting factors are more easily discernable from one’s appearance than others, like race, ethnicity, or gender. As a result, factors like skin color or sexual orientation sometimes carry much political weight even though individuals would rather con!ne these to their private lives and individual identity. Given the potential tension between the political reality of particular groupmembership defnitions and the – individual and political – struggles against those definitions and corresponding attitudes, citizenship and civic behavior becomes a complex issue. As Kymlicka points out, it implies for citizens an additional obligation to non-discrimination regarding those groups: “[t]his extension of non-discrimination from government to civil society is not just a shift in the scale of liberal norms, it also involves a radical extension in the obligations of liberal citizenship”. Unfortunately, empirical research suggests that political intolerance towards other groups “may be the more natural and ‘easy’ position to hold”. Indeed, since development of a virtue of civility or decency regarding other groups is not easy, as it often runs against deeply engrained stereotypes and prejudices, political care for matters like education is justified. Separate schools, for example, may erode children’s motivation to act as citizens, erode their capacity for it and!nally diminish their opportunities to experience transcending their particular group membership and behave as decent citizens. This chapter outlines a possible explanation for such consequences. That explanation will be found to be interdisciplinary in nature, combining insights from political theory and cognitive neuroscience. In doing so, it does not focus on collective action, even though that is a usual focus for political studies. For example, results pertaining to collective political action have demonstrated that the relation between attitudes and overt voting behavior or political participation is not as direct and strong as was hoped for. Several conditions, including the individual’s experiences, self-interest, and relevant social norms, turned out to interfere in the link between his or her attitude and behavior. Important as collective action is, this chapter is concerned with direct interaction between agents and the in$uence of group membership on such interaction – in particular joint action. Although politics does include many forms of action that require no such physical interaction, such physical interaction between individuals remains fundamental to politics – this is the reason why separate schooling may eventually undermine the citizenship of its isolated pupils. This chapter will focus on joint action, de!ned as: “any form of social interaction whereby two or more individuals coordinate their actions in space and time to bring about a change in the environment”. Cognitive neuroscienti!c evidence demonstrates that for such joint action to succeed, the agents have to integrate the actions and expected actions of the other person in their own action plans at several levels of speci!city. Although neuroscienti!c research is necessarily limited to simple forms of action, this concurs with a philosophical analysis of joint action, which I will discuss below. (shrink)

The contemporary political philosopher John Rawls considers himself to be part of the social contract tradition of John Locke, Jean-Jacques Rousseau and Immanuel Kant, but not of the tradition of Locke's predecessor, Thomas Hobbes. Call the Hobbesian tradition interest-based, and the Lockean tradition right-based, because it assumes that there are irreducible moral facts which the social contract can assume. The primary purpose of Locke's social contract is to justify the authority of the state over its citizens despite the (...) fact that those citizens are naturally free and equal. I assume that this task is of central importance to all right-based social contract theories: in chapter one I lay out the general problems faced by all contract theories, and in chapter two, three and four I examine in depth the accounts of political obligation offered by Locke, Rousseau, and Rawls. I conclude that all members of the right-based social contract tradition fail to provide an account of obligation that can explain the bond between a citizen and her state. (shrink)

Aristotle classifies opposition (ἀντικεῖσθαι) into four groups: relatives (τὰ πρός τι), contraries (τὰ ἐναντία), privation and possession (στρέσις καὶ ἓξις) and affirmation and negation (κατάφασις καὶ ἀπόφασις). (Cat. , 10, 11b15-23) His example of relatives are the double and the half. Aristotle’s description of relatives as a kind of opposition is as such: ‘Things opposed as relatives are called just what they are, of their opposites (αὐτὰ ἃπερ ἐστι τῶν ἀντικειμένων λέγεται) or in some other way in relation to them. (...) For example, the double is called just what it is double of the other (οἷον τὸ διπλάσιον, αὐτὸ ὃπερ ἐστίν, ἑτέρου διπλάσιον λέγεται). Again, knowledge and the knowable are opposed as relatives, and knowledge is called just what it is, of the knowable, and the knowable too is called just what it is, in relation to its opposite, knowledge; for the knowable is called knowable by something-by knowledge.’ (Cat., 10, 11b24-30) 2) Senses of relatives In Met., Δ, 1020b26-32 Aristotle distinguishes three senses of relatives: i) That which contains something else many times to that which is contained many times in something else, and that which exceeds to that which is exceeded. E.g. double to half ii) The active to the passive; e.g. that which can heat to that which can be heated iii) The measurable to the measure, e.g. the knowable to knowledge and the perceptible to perception. 3) Relatives and contraries Aristotle’s discussion of relatives is unbelievably ambiguous. While he enumerates relatives besides contraries, privation-possession and affirmation-negation as four types of opposition (Cat., 10, 11b15-23), not only does not he restrict relatives to oppositions but he also does not totally differentiate it from contraries. Aristotle distinguishes between two senses of relatives one of which is contraries: ‘We have distinguished elsewhere the two senses in which relatives are so called-some as contraries (ὡς ἐναντία), others as knowledge to things known, a term being called relative because what is said one to the other is said by the other to itself (τῷ λέγεσθαί τι ἄλλο πρὸς αὐτό). (Met., I, 1056b34-1057a1) It seems that this differentiation is the same as, and maybe the one he himself refers to, the differentiation between the second and the third senses of relatives in Met., Δ, 1021a27-32: ‘Relative terms which imply number or capacity, therefore, are all relative because their very essence includes in its nature a reference to something else, not because something else is related to it (πρός τι πὰντα ἐστὶ πρός τι τῷ ὃπερ ἐστὶν ἄλλου λέγεσθαι αὐτὸ ὃ ἐστιν, ἀλλὰ μὴ τῷ ἄλλο πρὸς ἐκεινο); but that which is measurable or knowable or thinkable is called relative because something else is related to it. For the thinkable implies that there is thought of it, but the thought is not relative to that of which it is the thought; for we should then have said the same thing twice.’ Although Aristotle confirms contrariety in relatives (e.g. virtue to vice and knowledge to ignorance), he denies that there is a contrary ‘to every relative’ as there can be no contrary to what is double or treble. (Cat., 7, 6b15-19) The fact that Aristotle dedicates one sense of relatives to contraries means that the fourfold division of oppositions is not such a strict division without any kind of community between them. In his example of the first sense, however, Aristotle says: ‘One and number are in a sense opposed, not as contrary, but as we have said some relative terms are opposed; for inasmuch as one is measure and the other measurable, they are opposed.’ (Met., I, 1057a4-6) Now, the question is: Is Aristotle’s first sense of relative a contrary or not? Aristotle tells us that the opposition in this sense of relatives is the opposition of measure and measurable. The second sense has two differences with the first one: i) it is not a contrary and ii) what is said by one of the relatives to the other is also said by the latter to the former. To differentiate it from the first sense, when the one is the measure of the other, the latter will be the measure of the former as well: ‘But though knowledge is similarly spoken of as related to the knowable, the relation does not work out similarly for while knowledge might be thought to be the measure, and the knowable the thing measured, the fact is that all knowledge is knowable, but not all that is knowable is knowledge, because in a sense knowledge is measured by the knowable.’ (Met., I, 1057a7-12) Aristotle’s assertion at Met., I, 1057a36-37 that ‘of relative terms, those which are not contrary have no intermediate’ ensures us that we must take the first sense as contraries. Here he mentions a criterion of differentiation between two senses: while the first sense accepts intermediates (as, for example, great and small do), the second one does not. (Met., I, 1057a37-b1) It seems, however, that it is only the second sense that is the essential sense of relatives because the first sense, Aristotle says, is an accidental sense: ‘The one is opposed then to the many in numbers as measure to things measureable; and these are opposed as relatives which are not from their very nature relatives.’ (Met., I, 1056b32-34) 4) Definition of relative Aristotle’s first definition of the category of relative (πρός τι) is as such: ‘We call relative all such things as are said to be just what they are, of or than other things, or in some other way in relation to something else (Πρός τι δὲ τὰ τοιαῦτα λέγεται, ὃσα αὐτὰ ἃπερ ἐστὶν ἓτερων εἶναι λέγεται, ἢ ὁπωσοῦν ἄλλως πρὸς ἓτερον). (Cat., 7, 6a36-37; repeated almost without any change in: Cat., 7, 6b6-8) Aristotle’s examples are larger (because it is what it is than something else (τοῦθ᾿ ὃπερ ἐστὶν ἑτέρου λέγεται) that means it is called larger than something) and double. (Cat., 7, 6a37-b1) Aristotle’s aporia regarding relative is about their relation with substances: whether no substance is spoken of as a relative, or whether this is possible with regard to some secondary substances. (Cat., 7, 8a13-15) In the case of primary substances, it seems that he is confident, at least at first, that neither themselves nor their parts are spoken of in relation to anything: neither an individual man is called someone’s individual man nor an individual hand is called someone’s individual hand (but someone’s hand). (Cat., 7, 8a15-21) Although it is obvious that most of secondary substances are not spoken of as relatives (a man is not called someone’s man) (Cat., 7, 8a21-25), there are some with them there is room for dispute: a head is someone’s head and a hand is called someone’s hand, which seem to be relatives. (Cat., 7, 8a25-28) Aristotle thinks this must be due to the previous definition’s being problematic: with that definition ‘it is either exceedingly difficult or impossible to reach the solution that no substance is spoken of as a relative.’ (Cat., 7, 8a28-32) Thus, Aristotle changes his previous definition to a new one: ‘Those things are relatives for which being is the same as being somehow related to something’ (ἔστι τὰ πρός τι οἷς τὸ εἶναι ταὐτόν ἐστι τῷ πρός τί). (Cat., 7, 8a32-34) Although the first definition does indeed apply to all relations, its problem is that it does not take ‘their own being relative’ (τῷ πρός τι αὐτοῖς εἶναι) the same as ‘their being what they are of other things’ (ἃπερ ἐστὶν ἑτέρων λέγεσθαι). (Cat., 7, 8a34-37) Although this change of definition is to exclude all substances from being relative, what Aristotle says in Topics (To., Z, 8, 146a39- ), seems to ignore this: ‘For of everything relative the substance is relative to something else, seeing that the being of every relative term is identical with being in a certain relation to something.’ 5) Necessary knowledge of the related Knowledge of that in relation to which a relative is spoken of is necessary when one knows the relative: it is impossible to know a relative and at the same time not to know that in relation to which it is spoken of. (Cat., 7, 8a37-b3) To prove this, Aristotle adheres to the definition of relatives: ‘If someone knows of a certain ‘this’ that it is a relative, and being for relatives is the same as being somehow related to something, he knows that also to which this is somehow related.’ (Cat., 7, 8a37-b3; cf. 7, 8b3-15 for Aristotle’s examples) This necessary knowledge of the related, if we call it so, dedicates Aristotle an epistemological reason, besides the ontological one mentioned in his definition, for the exclusion of substances. As we noted in our discussion of Aristotle’s definition of relatives, he changed his first definition to exclude all substances from being relatives. Therefore, it is evident that for him relatives must not include substances, either primary or secondary. Aristotle does have no problem with primary substances simply because it is evident for him that they cannot be relatives. The same can be said about most of the secondary substances as well. The problem for which he changed the definition of substances was about some secondary substances like ‘head’ or ‘hand’: the fact that it is possible to know a hand or head without necessarily knowing definitely that in relation to which it is spoken of proves that they are not relatives. (Cat., 7, 8b15-21) 6) Reciprocation Aristotle regards reciprocation (ἀντιστρέφειν) necessary in all relations: ‘All relatives are spoken of in relation to correlatives that reciprocate.’ (Cat., 7, 6b28-29; cf. Cat., 10, 12b21-24) The sense of reciprocation is clear by his own examples: ‘The slave is called slave of a master and the master is called master of a slave; the double double of a half, and the half half of a double.’ (Cat., 7, 6b29-31) Reciprocation of relatives is so necessary that if there seems that we do not have reciprocation, it must necessarily be due to a mistake and that in relation to which something is spoken of must have not been given properly. (Cat., 7, 6b36-7a1) Aristotle’s example is this: If a wing is given as of a bird, ‘bird of a wing’ does not reciprocate because it has not been given properly: a wing is of a winged and not of a bird; a wing is wing of a winged and a winged is winged with a wing. (Cat., 7, 7a1-5) Even if we do not have a proper name to have a proper reciprocation, Aristotle points, we must invent names. (Cat., 7, 7a5-15 and 7b10-14) Thus, having proper names is the condition of necessary reciprocation: ‘All relatives are spoken of in relation to correlatives that reciprocate, provided they are properly given.’ (Cat., 7, 7a22-23) This condition is also said in another way: there is no reciprocation if a relation is given as related to some chance thing or to something that is accidentally the related thing like when, for example, a slave is given as of a man or a biped instead of being given as of a master. (Cat., 7, 7a25-31) 7) Simultaneity of relatives Aristotle believes that in most cases relatives are simultaneous: double and half or master and slave must exist at the same time: when there is a half, there is a double and when there is a slave, there is a master. (Cat., 7, 7b10-14) However, this receives some exceptions like knowable, which is prior and can, thus, exist before and without knowledge. (Cat., 7, 7b22-27) What approves this non-simultaneousness for Aristotle is that the destruction of knowledge does not carry the knowable to destruction. (Cat., 7, 7b27-31) The same is said about perception and perceptible. (Cat., 7, 7b35-8a9) Aristotle attaches simultaneity to reciprocation. This reciprocation, however, is not a simple reciprocation but ‘reciprocation as to implication of existence’ (ἀντιστρέφει μὲν κατὰ τὴν τοῦ εἶναι) with the condition that neither be in any way the cause of the other’s existence. (Cat., 13, 14b27-29; the same is said also at: Cat., 13, 15a4-11) Aristotle’s examples are the double and the half because when there is a double there is a half and when there is a half there is a double but neither is the cause of the other’s existence. (Cat., 13, 14b29-32) (We have ‘reciprocation as to implication of existence’ also in relation between genus and species but it seems that this has a totally different sense there. 8) Having no independent reality That a relative cannot be a substance, either a primary or a secondary substance, is discussed in our review of both the definition of relatives and their reciprocation. The differentiation of relatives and substances are so deep for Aristotle that after questioning the possibility of any common element or principle for substances and relatives (Met., Λ, 1070a33-36), he asserts that no substance, on the one hand, is the element of relatives and none of the relatives, on the other hand, is the element of substances. (Met., Λ, 1070b3-4) Aristotle does not, however, suffice to this. For him, relatives have the least substantiality, which is, for him, almost the same as reality: ‘The relative is least of all categories a real thing (φύσις τις) or substance, and less than quality and quantity; and the relative is an affection of quantity.’ (Met., M, 1088a22-25) Aristotle believes that an evidence of this least reality (ὄν) and substantiality is that relatives have no proper generation, destruction or movement while each of substance, quality and quantity have them. (Met., M, 1088a29-35) Moreover, neither motion (Phy., E, 1) nor any kind of change is applicable to relatives so that relatives are neither themselves alterations nor the subject of alterations (Phy., Z, 3) and the process of losing and acquiring states cannot be considered as alterations because these are the result of the alterations of non-relative things of which they are states. (Phy., Z, 3) Relative is not even matter but is something different. (Met., M, 1088a24-25) The reason is that the matter is potentially of a nature but relative is neither potentially nor actually of a nature. (Met., M, 1088b1-2) To understand the status of relatives in Aristotle’s world, we have to make a tripartite classification; a classification that though Aristotle himself did not make, his assertions approve it. Based on this division, there are three kinds of being in the world: i) Independent beings: This class includes only substances. ii) Dependent beings: This class includes qualities and quantities. Although they are real, they are ‘in’ substances and cannot exist without them. iii) Super dependent beings: This class includes at least relatives. The fact that relatives must be considered in a third class different from substances, on the one hand, and qualities and quantities, on the other hand, is obvious not only from the previously mentioned texts (Met., M, 1088a22-25, 29-35 and b1-2) in which relatives’ reality is considered less than all substances, qualities and quantities and different from matters but from this text: ‘For there is nothing either great or small, many or few, or, in general, relative which is not something (τι ὄν) different (ἓτερον) [that is also] many or few or great or small’. (Met, N, 1088a27-30) Therefore, super dependent beings are those beings that must necessarily be also something else, i.e. an independent or dependent being. Ackrill (1963, 99) points that some of the words used by Aristotle to exemplify relational entities, e.g. slave, are endowed with a complete sense and do not need to be supplemented by a correlate. (Thus, the linguist criterion of incompleteness would be deficient. Some other instances of relative entities like ‘state,’ ‘knowledge’ and perception are not necessarily followed by the genitive case. 9) Extent of relatives What is the extent of relatives? What are or are not included in relatives either among categories or among other concepts? Which concepts or things Aristotle regard as relative? i) Aristotle includes state (ἓξις) and position (θέσις) among relatives. (Cat., 7, 6b2-6; Cat., 7, 6b11-14; Cat., 8, 11a20-24) ii) Although relative is not matter but is something different (Met., M, 1088a24-25), matter is ‘non-being’ only in virtue of an attribute (Phy., A, 9) and is, thus, a relative term. (Phy., B, 2, 194b9) 10) Property and relativity Aristotle draws a contrast between two types of giving a property, absolute and relative: ‘A property is given either in its own right and for always or relative to something else and for a time.’ (To., E, 1, ^128b15-18) Being a civilized man, for example, is an absolute property for man while to command is a relative property for the soul. The absolute property, however, is considered not only potential to be discussed or observed in relation to many things or periods of time, it in fact ‘belongs to its subject relatively to every single thing that there is, so that if the subject is not distinguished relatively to everything else, the property will not have been given correctly.’ (To., E, 1, 129a18-20) Therefore, an absolute property is a property that ‘is ascribed to a thing in comparison with everything else and distinguishes it from everything else.’ (To., E, 1, 128b33- ) An absolute property is, then, absolutely relative and not conditionally relative, i.e. relative to a specific thing. This is what differentiates it from a relative property, which is relative to a certain thing: ‘A property relative to something else is one which separates its subject off not from everything else but from a particular definite thing.’ (To., E, 1, 128b33- ) One important difference between absolute and relative properties is that while an accident can be a relative property, it can never be an absolute property. (To., I, 5, ^102b20-36) For example, sitting, which is an accident, is also a property relatively to those who are not sitting. (To., I, 5, ^102b20-36) 11) Platonic theories as relatives At least three of Platonic theories Aristotle attaches to relatives: i) Forms ‘It seems that a Form is always spoken of in relation to a Form-this desire itself is for the pleasure itself, and wishing itself is for the good itself.’ (To., Z, 8, 147a^10) Moreover, the theory of Forms takes the relative prior to the absolute as, for example, it takes not the dyad but the number as first. (Met., A, 990b15-17) Aristotle believes that this is against not only the necessities of the case but only the Platonists’ opinion because Forms must be substances only, if they can be shared. (Met., A, 990b27-29) There are, however, things like ‘equal’ which are only relative: they are only in relation to something else. Now the theory that ideas are supposed to be substances only should entail the substantiality of merely relatives. The reason being that Forms are not shared incidentally but each thing shares in that which is not predicated of a subject. (Met., A, 990b29-31) ii) Unequal The Platonic theory of great and small or unequal, which we know more from Aristotle and has, in Platonic philosophy, a role like that of matter in Aristotelian philosophy, is also called relative by Aristole. (Met., M, 1089b4-15) iii) Potentiality Aristotle says that Platonists take what potentially is a ‘this’ and a substance but not actually so a relative because it is ‘neither potentially the one or being, nor the contradictory of the one nor of being, but one among beings.’ (Met., N, 1089b15-20) 12) All things as relative Aristotle attaches the theory that ‘everything is true’ to relativity and thinks the consequence of believing in this theory is that everything is true: ‘He who says all things that appear are true, makes all things relative.’ (Met., Γ, 1011a17-20) 13) Genera and species of relatives There are some genera, Aristotle hints, that are relative but their species are not relative. In such cases, the genera are spoken of in relation to something, but none of the particular cases are so spoken. (Cat., 8, 11a20-36) Aristole’s examples are knowledge and grammar of which the former is a relative but the latter is a quality. The consequence of this is that there is nothing absurd for a thing to be in both genera of relative and quality. (Cat., 8, 11a37- ) However, when the species is a relative, the genera will be a relative too. (To., Δ, 4, 124b15- ) Moreover, Aristotle asserts that ‘the differentiae of relative terms are themselves relative.’ (To., Z, 6, 145a14-16) Things that are called relative are called so, Aristotle says, ‘because the classes that include them are of this sort, e.g. medicine is thought to be relative bcs its genus, knowledge, is thought to be relative,’ (Met., Δ, 1021b4-6) 14) Relatives as indefinite? Fabio Morales takes 1088a29-b1 as a textual evidence supporting the assumption that Aristotle regarded relational terms as indefinite. (shrink)

Legal philosophy dates to the Ancient Greek Philosophers, and it continues to be a vigorously debated subject due to the fact that there does not exist a legal philosophy that is beyond reapproach that encapsulates law’s origins or purpose. This paper will introduce a new legal philosophy, which I have termed instinctualism. -/- Instinctualism is the idea that law originates from human instinct. Human beings are born with certain natural capacities that they learn to utilize as they mature. Examples include (...) speaking, walking, associating, and interacting with others, and practicing faith in a divine being, the state, or some other source of inspiration and hope. Human beings don’t think about the potential illegalities of speaking their minds, moving from one place to another, or engaging in conversation with their friends or associates unless they are indoctrinated to do so. Rather, human beings do these things because they have instinctual desires and the knowledge to do so. Other rights and laws such as freedom of the press are the product of peoples’ instinctual rights. For example, as people learn to speak, they instinctually share information and news about their inner circles or communities. If taken a step further, one begins to discuss an organized press. Knowledge and understanding of laws, such as those limiting certain types of speech, i.e., hate speech, must be taught and learned; it is not instinctual. -/- This paper will introduce a subset of the most influential legal philosophies of different eras in human intellectual development, beginning with those of Ancient Greece. It will proceed to describe the shortcomings of those philosophies before introducing instinctualism as an alternative. After defining instinctualism, I will proceed to discuss how it addresses the shortcomings of other legal philosophies. Next, I will introduce rights guaranteed to the citizens of four prominent countries via relevant sources of primary law for each of those countries. Finally, I will close by reviewing the main arguments in the paper and discussing future research that I will undertake to buttress this paper’s arguments. (shrink)

The concept of universal in Aristotle’s philosophy has several aspects. 1) Universal and plurality Aristotle posits universal (καθόλου) versus particular (καθ᾿ ἕκαστον) each covering a range of elements: some elements are universal while others are particulars. Aristotle defines universal as ‘that which by nature is predicated (κατηγορεῖσθαι) of many subjects’ and particular as ‘that which is not’ so. (OI ., I, 7, 17a38-b1) The plurality of possible subjects of universal is what Aristotle insists on. The inclusion of the notion of (...) ‘plurality’ in the definition of universal might make us expect to have ‘singularity’ in the definition of particular. So, when Aristotle says that universal is that which is naturally predicable of many subjects, we expect him to define the particular as ‘that which is predicable of one subject only.’ Nonetheless, Aristotle does not and indeed cannot define it this way. We cannot find a text in which he defines particular as such simply because particulars are not predicable of any subject unless we regard their predication of themselves a predication, which Aristotle does not, at least in a genuine sense. Thus, he defines a particular only negatively. Hence, the capability of predication of a plurality is indeed the capability of predication itself because the particular cannot be predicated of anything. A particular is that which cannot be predicated of anything (or: of anything else, if saying of a thing of itself is to be considered as predication). It is ‘numerically one’ and what of which the universal is predicated (Met., B, 999b34-1000a1). Those that cannot be predicated of anything, or particulars, are of two kinds: primary substances and individual accidents. Besides Categories we can hardly find a text where Aristotle discusses individual accidents maybe because they are of much less importance for him compared with substances. However, substances are what he mentions repeatedly so that we can confine particulars to substances. In fact, it is substance that Aristotle considers so repeatedly as what cannot be predicated. As the main particulars and individuals, substances are posited as the main things that are not universal. The closeness of the two concepts of ‘substance’ and ‘unpredicability’ is to the extent that he ignores individual accidents and makes these concepts equal and as the opposite of universal: ‘what is not predicated of a subject is said a substance (οὐσία λέγετα τὸ μὴ καθ᾿ ὑποκειμένου) but what is always said of some subject is called a universal.’ (Met., Z, 1038b15-16. cf. Met., B, 1003a7-9) Therefore, since particulars cannot be predicated of any subject and, thus, every predication is necessarily a predication of a plurality of subjects, the inclusion of ‘plurality’ in the definition of universal is either i) in the sense of ‘representation’ or it must be regarded as ii) an unnecessary addition mentioned just for clarification or iii) only for avoiding cases where something is predicated of itself. By the first we mean this: though a substance is not said of anything, it represents some one thing and there is some one thing that is that substance. A universal, on the other hand, can represent a plurality of things. There is, however, a third possibility that has no essential difference with the sense of representation. Aristotle might have ‘arbitrary predication’ in mind when he suses ‘plurality’ in the definition of universal: while a particular can be the arbitrary predicate of just one thing, a universal can be predicated, both really and arbitrarily, of many things. Whatever Aristotle’s intention was, what is important for our investigation is this: Aristotle uses the notion of plurality in the definition of universal in spite of the fact that it is not necessary. What this implies is that this notion is so important for Aristotle that albeit every predictability is a predictability of a possible plurality, he adds the notion of plurality. What makes this notion important, I believe, is that he has something like a class in mind when he defines a universal because the notion of plurality is indistinguishable from a class. 2) Universal and whole; particular and part In Aristotle, the concepts of universal and whole are so close: ‘That which is true of a whole class and is said to hold good as a whole (which implies that it is a kind of whole) is true of a whole in the sense that it contains many things by being predicated of each, and that each and all of them, e.g. man, horse, god, are one because all are living things (τὸ μὲν γὰρ καθόλου καὶ τὸ ὃλως λεγόμενον ὡς πολλὰ περιέχον τῷ κατηγορεῖσθαι καθ’ ἑκάστου καὶ ἓν ἃπαντα εἶναι ὡς ἑκαστον, ...). Phil Corkum points to Aristotle’s distinction between quantitative and integral wholes in Met., 5, 26, 1023b26-33 where a quantitative whole is called homoiomerous, as the sum of animal while an integral whole, e.g. a house, is called heteromerous. He links the notion of homoiomerous to the notion of indivisibility of individuals (in 1b6-9 and 3b10-18) and indivisibility of universals. He believes that in PrA., I, 4, 25b32-26a2 it is the transitivity of mereological containment that is discussed. 3) Universal is common between instances Universal is common (κοινόν) between all the plurality of subjects it can be predicated of because what belongs to more than one thing must be common between them. (Met., Z, 1038b10-12) In the Same way, what is common cannot be a particular and, thus, a substance. (Met., Z, 1040b23-24) An individual or substance is a ‘this’ and a ‘this’ cannot be what common indicates simply because it is here in ‘this’ and can be nowhere else while common must be common between several things. In fact, what can be indicated by a common is indeed a ‘such.’ (Met., B, 1003a7-9) 4) Universal is the same in its instances We have a universal i) in all of its instances and ii) in the same way (ταὐτὸ ἐπὶ πὰντων). (Met, Γ, 1005a9-10) While the first point is evident (otherwise how could it be their universal?), the second point might seem not only ambiguous but the cause of many problems. For Aristotle, therefore, a universal must be ‘one’ in number and not many. This numerically one universal is the very universal for all its instances. It is the same universal that is predicated on each of its instances. This sameness is not, however, a mere homonymous sameness or the sameness of a homonymous word. All these three points, namely oneness, sameness and rejection of mere homonymous sameness are asserted in Aristotle’s own words τι ἕν καὶ τὸ αὐτὸ ἐπὶ πλειόνων μη ὁμώνυμον. (PsA., A, 11, 77a8-9) This non-homonymous unity is asserted also in PsA., A, 24, 85b15-16. 5) Universal as predicate Contrary to substance that cannot be a predicate, universal is what cannot be prevented from being in the place of predicate. Therefore, Aristotle distinguishes universal from subject because while the latter must necessarily be capable of being a predicate, though it might take the position of subject as well, the latter does not necessarily have such a capability especially when it is a this because it cannot be a predicate in such a case: ‘For the subject and universal differ in being or not being a ‘this’; like man and body and soul are the subject of accidents while the accident is something like musical or white.’ (Met., Θ, 1049a27-30) This indicates that a universal is basically different from subject and although it can be posited in the place of subject, it is the position of predicate that is its position as a universal. In Metaphysics, Z, 13, Aristotle asserts that ‘no universal can be substance.’ The same is asserted in Met., I, 1053b16-17 cf. 1060b21. As James H. Lesher points out, Aristotle’s position is that ‘nothing predicated universally is a substance.’ 6) Universal in substance In Met., 10388b8-9 Aristotle says that no universal is a substance. While a universal cannot be a substance in the way essence (to ti en einai) is, it is, Aristotle asserts, ‘in’ it (ἐν τούτῳ δὲ ἐνυπάρχειν) (Met., Ζ, 1038b16-18). Aristotle’s examples are: animal in man and horse. A universal is ‘in’ the thing it is its universal. But in what sense a universal can be in a thing? It cannot be in it as ‘in a subject’, which is denied in Categories for secondary substances. If we check the senses of being in, we can find some other senses of ‘being in’ some of which are compatible with this sense of ‘being in.’ Michael J. Loux believes that contrary to his earlier works like Peri Ideaon and Organon in which the immanence of universals signals a reproduction of the platonic two worlds picture, in his later works like Physics and Metaphysics, when Aristotle tells us that universals are in particulars he means that they are ‘components of or ingredients in sensible particulars.’ In Metaphysics (Δ, 1014b3-9) Aristotle compares elements with universals and call them ‘the most universal things because elements are present either in all or in many things. 7) Logos is of universal Not only universals have logos (Met., Z, 1038b18-19) but ‘Every logos and every science is of universals and not of particulars.’ (Met., K, 1059b25-26) The reason is that they are the same: the logos of the unjiversal ‘circle’ is nothing but ‘being circle’ and the logos of the universal ‘soul’ is ‘being soul.’ (Met., Z, 1035b33-1036a2) The same is said about definition. (Met, Z, 1036a27-29) 8) Universal: in the soul Contrasting individuals, universals are in the soul (So., 3, 5, 417b22-23; cf. PsA., B, 19, 100a6-7). Aristotle also says that the form, i.e. the essence, of the artwork is in the soul. (met., Z, 1032a32-b2) Moreover, as Michael J. Loux points out, ‘the Peri Ideon tells us that we need universals to serve as the objects of noetic acts.’ 9) Universal: not beside individual In spite of the fact that demonstration creates the opinion that demonstrating is based on the existence of universals as existing among the existing things, they do not have existence besides individuals (PsA., A, 24, 85a31-35; Met, Λ, 1071a19-23). Aristotle believes that universals of a P-series (B203, 71) are not παρὰ τὰ εἴδη: 999a6ff. Also check De Anima, II, 3, 414b20-25 10) Primary or commensurate universal Aristotle distinguishes ‘πρῶτον καθόλού’ (PsA., B, 17, 99a33-35) literally meaning ‘primary universal’ but mostly, and truly, translated as commensurate universal. While a universal merely ‘μὴ ἀντιςτρέφει,’ a primary universal ‘ᾧ ἓκαςτον μὲν μὴ ἀντιςτρέφει’ (PsA., B, 17, 99a33-35). Aristotle mentions three conditions for a commensurate universal. It is an attribute that i) belongs to every instance of its subject (without exception!!!), and this belonging is ii) essentially and iii) qua that subject itself (ᾗ αύτό). (PsA., A, 4, 73b26-28) However, he insists that the second and the third conditions are indeed the same. (PsA., A, 4, 73b28-30) The first condition he paraphrases as ‘to belong to any random instance of that subject’ and the second and the third as ‘when the subject is the first thing to which it can be shown to belong.’ (PsA., A, 4, 73b32-74a3) Aristotle’s example is ‘the equality of its angles to two right angles’. This attribute is not a commensurate universal of figure due to the first condition: it cannot be demonstrated of any figure. Nonetheless, though it can be demonstrated of every isosceles because every isosceles has angles equal to two right angles, it is not a commensurate universal of isosceles due to the other conditions: it is not predicated of isosceles qua isosceles but qua triangle. These conditions seem to be like regulators: they organize everything to match to the right group. The method of finding commensurate universal is like test and error method based on elimination: you must eliminate each of the higher or lower universals and check if the attribute remains or not. The commensurate universal is that which remains in between eliminated universals. (cf. PsA., A, 5, 74a37-b4) Brad Inwoodpresents an understanding of commensurate universal that is different from what I have understood and, thus, must be checked: ‘These universals are propositions in which, for example, ‘all A are B’ is true and which are still true universal statements if converted: ‘all B are A’ is also true.’ -/- . (shrink)

This paper presents a unified theory of reality, which integrates two interdependent frameworks: Cellular Primary Consciousness Theory (CPCT) and Open and Closed Systems Theory (OCST). Although CPCT and OCST can each stand as individual theories, they are, in this work, combined to form a cohesive explanation of both the mechanics and purpose of the universe. CPCT posits that consciousness is a fundamental aspect of all life, extending to even the simplest cells, rather than being an emergent (...) property exclusive to complex neural systems. Drawing upon evidence from quantum mechanics, cell biology, and systems theory, CPCT challenges traditional views on the origins of consciousness by suggesting that awareness is a universal property present from the cellular level. OCST, which forms the second component of this unified theory, examines the nature of the universe as a closed system subject to the laws of entropy. This theory explores how the universe is moving toward maximum entropy, where meaning and contrasts dissolve. However, beyond this closed system lies the realm of an open system—a domain of infinite potential that transcends the dualities and limitations of the physical universe. This open system offers a philosophical explanation for existence and the possibility of eternal meaning. Together, these two theories provide a novel and cohesive framework that addresses both the mechanics of consciousness and the ultimate purpose of the universe. The integration of CPCT and OCST bridges scientific evidence from quantum biology and systems theory with philosophical explorations of existence, presenting a comprehensive vision of reality as both a closed physical system and an open metaphysical one. This unified theory encourages a reexamination of our place in the cosmos, suggesting that beyond the observable universe lies an infinite realm of potential where consciousness and meaning endure. (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)

Tyranny, in western political philosophy, is the primary subject of inquiry. Western political philosophy developed remedies for the evil of tyranny because it is considered unnatural. By the time of John Locke, there was a consensus developed in Europe that living under tyranny is the same as living in the state of nature. The natural law theory lays the foundation for law, such as positive law, under the premise that no law can violate natural law. This dictum laid (...) the foundation for republicanism in the West to counterbalance tyranny. The mechanism for such endeavor is the separation of law from authority to the degree that law is above the authority. My research is to trace the similar thought, if any, in the Iranian context beginning with its ancient time. (shrink)

Category theory has foundational importance because it provides conceptual lenses to characterize what is important and universal in mathematics—with adjunctions being the primary lens. If adjunctions are so important in mathematics, then perhaps they will isolate concepts of some importance in the empirical sciences. But the applications of adjunctions have been hampered by an overly restrictive formulation that avoids heteromorphisms or hets. By reformulating an adjunction using hets, it is split into two parts, a left and a (...) class='Hi'>right semiadjunction. Semiadjunctions (essentially a formulation of universal mapping properties using hets) can then be combined in a new way to define the notion of a brain functor that provides an abstract model of the intentionality of perception and action (as opposed to the passive reception of sense-data or the reflex generation of behavior). (shrink)

I argue for the conditions that eco-sabotage (sabotage involving the protection of animals or the environment) must meet to be a morally permissible form of activism in a liberal democracy. I illustrate my case with Jessica Reznicek and Ruby Montoya’s oil pipeline destruction, the Sea Shepherd Conservation Society’s whale hunt sabotage, and the Valve Turners’ pipeline shut-off, climate necessity-defense. My primary contention is that just as it is permissible to destroy an attacker’s weapon in self- or other-defense, it is (...) permissible to engage in some forms of eco-sabotage. Taking inspiration from just war theory, I use the conditions of just cause, reasonable chance of success, proportionality, necessity, and discrimination to both conceptualize eco-sabotage as defense and illustrate the justificatory burden the eco-saboteur must meet. Often eco-sabotage is doubly pro-tanto wrong because it is illegal and involves property destruction. Overcoming these hurdles is particularly difficult because in seemingly bypassing democratic means of dispute resolution, the eco-saboteur seemingly coerces the other members of society by forcing idiosyncratic views upon them. Non-anthropocentric eco-sabotage grounded in defense of animal rights has mixed results regarding the democratic objection just described. I argue that anthropocentric eco-sabotage, grounded in defense of human rights, has the best chance of overcoming this objection, provided a persuasive case can be made for its reasonable chance of success. Passing a reasonable chance of success also causes problems for non-anthropocentric eco-sabotage grounded in species defense, while non-anthropocentric eco-sabotage grounded in defense against animal suffering has a lighter justificatory burden. (shrink)

The right temporo-parietal junction (rTPJ) has been associated with two apparently disparate functional roles: in attention and in social cognition. According to one account, the rTPJ initiates a “circuit-breaking” signal that interrupts ongoing attentional processes, effectively reorienting attention. It is argued this primary function of the rTPJ has been extended beyond attention, through a process of evolutionarily cooption, to play a role in social cognition. We propose an alternative account, according to which the capacity for social cognition depends (...) on a network which is both distinct from and in tension with brain areas involved in focused attention and target detection: the default mode network. Theory characterizing the rTPJ based on the area’s purported role in reorienting may be falsely guided by the co-occurrence of two distinct effects in contiguous regions: activation of the supramarginal gyrus (SMG), associated with its functional role in target detection; and the transient release, during spatial reorienting, of suppression of the angular gyrus (AG) associated with focused attention. Findings based on meta-analysis and resting functional connectivity are presented which support this alternative account. We find distinct regions, possessing anti-correlated patterns of resting connectivity, associated with social reasoning (AG) and target detection (SMG) at the rTPJ. The locus for reorienting was spatially intermediate between the AG and SMG and showed a pattern of connectivity with similarities to social reasoning and target detection seeds. These findings highlight a general methodological concern for brain imaging. Given evidence that certain tasks not only activate some areas but also suppress activity in other areas, it is suggested that researchers need to distinguish two distinct putative mechanisms, either of which may produce an increase in activity in a brain area: functional engagement in the task versus release of suppression. (shrink)

The authority to use force, including lethal force is a defining feature of the police profession. The emergence and incorporation of the Miranda doctrine in our criminal law, and its attached misconceptions made it inevitable to determine the understandings of the Philippine law enforcers. There is a limited number of research studies conducted that are connected with the PNP. This implies demand studies centralizing on the use of reasonable force and observance of Miranda Warnings in effecting the arrest of suspected (...) criminals. The study is a quantitative analysis of the relationship between the individual, situational, and organizational predictors to the use of reasonable force and observance of Miranda Warnings among PNP personnel particularly the Police Patrol Personnel assigned as Beat Patrol Personnel, Compact Personnel, and Arresting Officers, during police-civilian encounters. Utilizing Google survey forms as the primary tool to gather and evaluate data, the self-constructed survey to be utilized is anchored on the Deference Exchange Theory, Naturalistic Decision Making (NDM) approach, and the Police-Public Contact Survey (PPCS). The findings of this study imply that factors affecting the use of reasonable force and observance of Miranda warnings significantly influence the enhancement of law enforcement interventions. From the results of the study, it may be concluded that the factors affecting the use of reasonable force and observance of Miranda warnings are more likely to contribute interventions to the Philippine National Police, as an organization, a significant enhancement in law enforcement. Recommendations were proposed based on the findings and conclusion of this study. Based on the findings of this study, the following recommendations are proposed for the PNP leadership to provide written policy to be used as operational guidelines for all PNP personnel during the conduct of arrest of suspected criminals: (a) When conducting police operations and apprehending criminal suspects, male police officers shall use reasonable force; (b) Continuous education and training for law enforcement personnel; (c) Active aggression coupled with the present ability to carry out the threat or assault, which reasonably indicates that an assault or injury to a person appears imminent by crime suspects should be physically restrained with force”; (d) To be quick to use physical force in situations where the incident is critical and dangerous; (e) The arresting police officer informs the suspect that he/she has the right to remain silent”; and (f) The Arresting Police Officer informs. (shrink)

This article informally presents a solution to the paradoxes of truth and shows how the solution solves classical paradoxes (such as the original Liar) as well as the paradoxes that were invented as counterarguments for various proposed solutions (“the revenge of the Liar”). This solution complements the classical procedure of determining the truth values of sentences by its own failure and, when the procedure fails, through an appropriate semantic shift allows us to express the failure in a classical two-valued language. (...) Formally speaking, the solution is a language with one meaning of symbols and two valuations of the truth values of sentences. The primary valuation is a classical valuation that is partial in the presence of the truth predicate. It enables us to determine the classical truth value of a sentence or leads to the failure of that determination. The language with the primary valuation is precisely the largest intrinsic fixed point of the strong Kleene three-valued semantics (LIFPSK3). The semantic shift that allows us to express the failure of the primary valuation is precisely the classical closure of LIFPSK3: it extends LIFPSK3 to a classical language in parts where LIFPSK3 is undetermined. Thus, this article provides an argumentation, which has not been present in contemporary debates so far, for the choice of LIFPSK3 and its classical closure as the right model for the truth predicate. In the end, an erroneous critique of Kripke-Feferman axiomatic theory of truth, which is present in contemporary literature, is pointed out. (shrink)

Problem of Axiological Legitimization of the Universal System of the Protection of Human Rights Summary In this paper it is argued that legitimization of the universal system (UN-system) of the protection of human rights depends primary not from the content of values recognised as fundamental but rather from metaaxiological solutions related to the way of existence and to the possibility of cognition of these values. Legitimisation is based on the recognition of an objective nature and of cognoscibility of basic (...) values. Realisation of the primary aim of this paper is linked to the problem of different meanings of the notion of universality, used in the context of the universal system of the protection of human rights. First, descriptive and normative (prescriptive) meanings have to be distinguished. In the case of normative sense, there are moral and legal meanings of “universality”. An axiological justification of the universality of human rights in the legal sense leads to the legitimisation of the universal system. It is shown that modifications of – broadly accepted in the Polish theory of law – definitions of an axiological justification of legal norms are needed. These definitions base such a justification on the valuations made by particular groups of subjects. It is argued that it is much more convenient to refer to valuations understood as meanings of sentences of certain kind. -/- Streszczenie W artykule zmierza się do uzasadnienia tezy, że legitymizacja uniwersalnego systemu ochrony praw człowieka jest oparta nie tyle na treści wartości uznawanych w tym systemie, ale na uznanych w nich rozstrzygnięciach metaaksjologicznych, dotyczących tego, jak istnieją wartości podstawowe dla tego systemu i czy są one poznawalne. Walor legitymizacyjny posiada przede wszystkim uznanie obiektywnego charakteru tych wartości i ich poznawalności (uznanie kognitywizmu aksjologicznego). Realizacja zasadniczego celu zakłada uporządkowanie podstawowych pojęć dotyczących problematyki powszechności praw człowieka – termin „powszechność” stosowany w odniesieniu do praw człowieka w kontekście uniwersalnego systemu ochrony ma wiele znaczeń. Przede wszystkim odróżnić trzeba powszechność w aspekcie opisowym i w aspekcie normatywnym. W przypadku powszechności w aspekcie normatywnym w grę może wchodzić powszechność w sensie ideowym (moralnym) i powszechność w sensie pozytywnoprawnym. Uzasadnienie tej ostatniej jest też uzasadnieniem poszukiwanej tu legitymizacji uniwersalnego systemu ochrony praw człowieka. Prowadzone analizy prowadza także do sformułowania postulatów dotyczących sposobu definiowania uzasadnienia aksjologicznego norm prawnych. Modyfikacji wymagają powszechnie przyjmowane w polskiej teorii prawa definicje relatywizujące takie uzasadnienie do ocen przyjmowanych przez konkretne podmioty oceniające lub ich grupy. (shrink)

Logical consequence is typically construed as a metalinguistic relation between sentences. Deflationism is an account of logic that challenges this orthodoxy. In Williamson’s recent presentation of deflationism, logic’s primary concern is with universal generalizations over absolutely everything. As well as an interesting account of logic in its own right, deflationism has also been recruited to decide between competing logics in resolving semantic paradoxes. This paper defends deflationism from its most important challenge to date, due to Ole Hjortland. It (...) then presents two new problems for the view. Hjortland’s objection is that deflationism cannot discriminate between distinct logics. I show that his example of classical logic and supervaluationism depends on equivocating about whether the language includes a “definitely” operator. Moreover, I prove a result that blocks this line of objection no matter the choice of logics. I end by criticizing deflationism on two fronts. First, it cannot do the work it has been recruited to perform. That is, it cannot help adjudicate between competing logics. This is because a theory of logic cannot be as easily separated from a theory of truth as its proponents claim. Second, deflationism currently has no adequate answer to the following challenge: what does a sentence’s universal generalization have to do with its logical truth? I argue that the most promising, stipulative response on behalf of the deflationist amounts to an unwarranted change of subject. (shrink)

Suppose we can save either a larger group of persons or a distinct, smaller group from some harm. Many people think that, all else equal, we ought to save the greater number. This article defends this view (with qualifications). But unlike earlier theories, it does not rely on the idea that several people's interests or claims receive greater aggregate weight. The argument starts from the idea that due to their stakes, the affected people have claims to have a say in (...) the rescue decision. As rescuers, our primary duty is to respect these procedural claims, which we must do by doing what these people would decide, in a process where each is given an equal vote on the matter. So in cases where each votes in their own self-interest, respect for their equal right to decide, or their autonomy, will lead us to save the greater number. The argument is explained in detail, with special attention to the questions of how, exactly, it avoids aggregation, and of why majority rule is superior to lottery procedures. The view has further advantages. Especially, it explains the “partial” relevance of numbers in cases involving unequal harms, and it does so in a way that dissolves the appearance of paradox that besets theories of “partial aggregation.”. (shrink)

This article introduces a new formulation of the interest theory of rights. The focus is on ‘Bentham’s test’, which was devised by Matthew Kramer to limit the expansiveness of the interest theory. According to the test, a party holds a right correlative to a duty only if that party stands to undergo a development that is typically detrimental if the duty is breached. The article shows how the entire interest theory can be reformulated in terms of (...) the test. The article then focuses on a further strength of the interest theory, brought to the fore by the new formulation. In any Western legal system, the tortious maltreatment of a child or a mentally disabled individual results in a compensatory duty. The interest theory can account for such duties in a simple and elegant way. The will theory, on the other hand, struggles to explain such compensatory duties unless it abandons some of its main tenets. (shrink)

Seneca asserts in Letter 121 that we mature by exercising self-care as we pass through successive psychosomatic “constitutions.” These are babyhood (infantia), childhood (pueritia), adolescence (adulescentia), and young adulthood (iuventus). The self-care described by Seneca is 'self-affiliation' (oikeiōsis, conciliatio) the linchpin of the Stoic ethical system, which defines living well as living in harmony with nature, posits that altruism develops from self-interest, and allows that pleasure and pain are indicators of well-being while denying that happiness consists in pleasure and that (...) pain is misery. Augustine divides the narrative of his own development into the stages of babyhood (infantia), childhood (pueritia), adolescence (adulescentia), and young adulthood (iuventus) in the Confessions, a text wherein he claims familiarity with more than a few works of Seneca (Conf. 5.6.11). Furthermore, he had access to Stoic accounts of affiliation not only in Seneca’s Letter 121, but also in Cicero’s On Goals, and in non-extant sources of Stoic ethical theory. After pointing out that Augustine endorsed the notion of self-affiliation outside of the Confessions, I raise the question of whether he also makes the notion of affiliation thematic in his philosophical autobiography. I argue that he does indeed present himself and some of his primary relationships – with his mother and his long-term girlfriend – in terms of personal and social oikeiōsis. In addition, his self-critiques in the early books of the Confessions can be more fully understood if compared to Stoic developmental theory. He depicts himself as failing to progress intellectually, socially, and morally: although he passed through the successive constitutions, becoming physically larger and cognitively capable, he did not mature correctly by the standards of his Stoic sources. (shrink)

We take ourselves to have an inner life of thought, and we take ourselves to be capable of linguistically expressing our thoughts to others. But what is the nature of this “inner life” of thought? Is conscious thought necessarily carried out in language? This paper takes up these questions by examining Merleau-Ponty’s theory of expression. For Merleau-Ponty, language expresses thought. Thus it would seem that thought must be independent of, and in some sense prior to, the speech that expresses (...) it. He also claims, however, that thinking just is linguistic expression, and thus that language constitutes thought. The primary aim of this paper is to make sense of this constitutive claim while maintaining that, for Merleau-Ponty, there is an inner life of thought that exists independently of linguistic expression, and that this inner life rightly deserves the label “thought”. The upshot of this account is twofold. First, it explains why the mainstream view of Merleau-Ponty’s theory of expression seems plausible, but is ultimately inadequate. Second, it functions as a corrective to contemporary debates about the nature and scope of phenomenal consciousness and the sense in which conscious experience has content. (shrink)

Equal Justice explores the role of the idea of equality in liberal theories of justice. The title indicates the book’s two-part thesis: first, I claim that justice is the central moral category in the socio-political domain; second, I argue for a specific conceptual and normative connection between the ideas of justice and equality. This pertains to the age-old question concerning the normative significance of equality in a theory of justice. The book develops an independent, systematic, and comprehensive theory (...) of equality and egalitarianism. The principal question is about the importance of equality in a theory of justice. More precisely, we should pose questions in four contracting circles: 1. Is justice the supreme value guiding our setup of the basic structure of society, or are there other, equally important values, such as recognition, care, communal belonging? 2. If justice is the highest guiding principle, which competing ideals—especially equality and freedom—ought to have precedence in a policy oriented toward justice? What status does the ideal of equality have in that framework? 3. If equality is a basic ideal of just policy, how should it be practically realized? What sort of equality (equal opportunity, equality of welfare, resource equality) should be demanded? 4. What patterned distribution of which specific goods does the ideal of equality demand? Which principles of distribution can be justified according to our justice ideal? To conclude and summarize: 5. What is the essential core of an egalitarian theory of justice, as opposed to an inegalitarian theory? These five questions structure the work’s order of argumentation. Part A elaborates the conceptual foundations and basic moral principles of justice and equality. Chapter I sets out to install justice as the central moral category in the socio-political domain. At the beginning of the first chapter, the conceptual foundations of justice are clarified. While not eliminating the classical distinctions between different forms of justice, I argue that the distributive paradigm is of primary importance. The primacy of justice in the socio-political domain is developed out of a confrontation with alternative positions, those which maintain either that justice generally, or distributive justice in particular, are subsidiary virtues. At the end of Chapter I, the first of the questions mentioned above is answered in a way that establishes justice as the guiding normative concept for the foundation and evaluation of any social order. To clarify the role of equality in a theory of justice, Chapter II separates the idea of equality into four different principles. They are organized in a way that begins with the most general and uncontroversial principle of equality, and progresses towards increasingly detailed and contested principles. There are two theses that articulate and defend the significance of equality for justice: First there is a conceptual connection between justice and equality, in that principles of formal and proportional equality are necessary in order to explicate the concept of justice. These two principles establish an unbreakable bond between justice and equality. Justice can only be explained—or so I argue—by reference to these and other (normative) principles of equality. The second thesis posits a normative relationship between justice and equality, which is disclosed by three substantive principles of equality: moral equality, the presumption of equality, and the principle of responsibility. I argue that the normative core of an egalitarian theory of justice is expressed by the latter two principles, which are themselves based on the first principle, that of moral equality. When we view one another as persons, what form of equality or equal treatment is normatively demanded? I argue that the answer to this question is given by the procedural principle of the presumption of equality: regardless of their apparent differences, all persons deserve strictly equal treatment, unless certain kinds of differences have whatever particular relevance would justify, on generally acceptable grounds, unequal treatment or unequal distribution. The justification of the presumption of equality is central to this work and has considerable importance. If the presumption principle’s validity can be justified by enlisting the principle of general justification, then the primacy of equality, and the essential argument for an egalitarian theory of justice, is established. This would likewise provide a procedure for the construction of a material theory of justice. The second question is answered thereby at the end of Chapter II: Equality should have primacy over competing ideals within a justice-oriented policy. The presumption of equality establishes this primacy and, at the same time, offers an appropriate metric and guideline for the construction of a material theory of distributive justice. The presumption of equality in Part B offers an elegant procedure for the development of a theory of distributive justice. Chapter III clearly sets out the necessary prerequisites that a theory of distribution must satisfy in order to determine a liberal-egalitarian distributional framework. We need to specify in which situation the distribution takes place; which goods are and are not to be distributed; in which respect the presumptive equality is to be produced; and by and to whom, and for what period, the relevant goods are to be distributed. The distribution is based on resources understood as general-purpose means. It is necessary to divide goods into different categories, since the justification for unequal treatment in one domain will not carry over into another. This makes presumptive equality necessarily complex. To that end, four spheres of justice are distinguished: (1) the political sphere, which involves allocating rights through the distribution of civil liberties; (2) the democratic sphere, in which political power and the rights of political participation are regulated; (3) the economic sphere, in which income and property are distributed; (4) the social sphere, in which social positions and opportunities are distributed. This framework of distributive justice answers the third of our guiding questions, about the nature of equality, in terms of equality of resources. Chapters IV and V set out the egalitarian distributive criteria for each sphere. I argue that the generally accepted, fundamental rights of classical liberalism are more effectively reconstructed by reference to the equal resource distribution presumptively required in those spheres. Chapter IV shows that when it comes to the first two spheres, those involving basic rights and freedoms and entitlement political participation, there can be no justified exceptions to the equal distribution of the relevant goods. That section argues, contrary to what we commonly find in theories of freedom or popular sovereignty, that the value of freedom and self-determination as the political basis of autonomy is best realized through the presumption of equal distribution. Chapter V deals with the other two spheres, those of economic goods and social positions, and argues for justified exceptions to equal distribution. In the economic sphere we find one principal reason favouring unequal distribution of resources, and three restrictions and compensations limiting that inequality. The basic exception to equal economic distribution arises from the unequal consequences of personal responsibility. From a suitably egalitarian standpoint, the principle of responsibility is the normative principle that determines which reasons justify economic inequality. Here the basic idea is that unequal shares of social goods are fair if they result from the choices and deliberate actions of the relevant parties. That individuals have to bear the costs of their own choices is a condition of autonomy. However, benefits or disadvantages arising from arbitrary and unmerited differences in social circumstances or natural endowments is unfair. The unequal consequences of independent decision-making and action must therefore be limited by compensating first for preferences, secondly for disadvantages, and thirdly by redistributing wealth in aid of the worse-off. I situations of emergency, compensating for disadvantages has priority over all other claims, owing to the urgency of the situation. Social inequalities go beyond the permissible limit if it is possible to improve the long-term social or economic situation of the worse-off by redistributing wealth to them. These exceptions lead to a complex system of free economic action within a framework of compensatory tax and transfer mechanisms. Finally, in the social sphere, the distribution of social positions, offices and opportunities must be structured to ensure that equally talented and motivated citizens have roughly equal chances of obtaining those offices or positions, irrespective of their economic or social class backgrounds. This compromise is permissible for reasons of freedom and prudence, and it makes a certain measure of inequality acceptable. The fourth of our guiding questions is answered accordingly. There are five principles of justice for the basic structure of society, and five legal principles that govern the special distribution of goods in the respective spheres—all are ranked according to their most defensible grounds of priority, ensuring that everyone is accorded equal justice. Chapter VI recapitulates the initial question of equality’s value. The conception of equal justice developed in this work postulates five principles of equality and five principles of law; these constitute an egalitarian framework because they support and promote social justice. Equality has value with respect to them, but is not given any independent, intrinsic value. That is why I call the account developed here a form of constitutive egalitarianism: justice is realized through the realization of equality, itself accomplished by applying the five postulates of equality and five distributive principles of law. This is an egalitarianism on two levels. The first level is involves the claim that morality or justice is conceptually connected with equality. The second level gives equality a substantial weight in what is conceptually validated at the first level, namely the presumption of equality, and constructs an appropriate interpretation and conception of distributive justice through principles of distribution for the individual spheres. The weight and importance of equality is shown by the distributive criteria applied to those spheres. This answers our final guiding question about the nature of an egalitarian theory. (shrink)

Human rights theory and practice have long been stuck in a rut. Although disagreement is the norm in philosophy and social-political practice, the sheer depth and breadth of disagreement about human rights is truly unusual. Human rights theorists and practitioners disagree – wildly in many cases – over just about every issue: what human rights are, what they are for, how many of them there are, how they are justified, what human interests or capacities they are supposed to protect, (...) what they require of persons and institutions, etc. Disagreement about human rights is so profound, in fact, that several prominent theorists have remarked that the very concept of a “human right” appears nearly criterionless. In my 2012 article, “Reconceptualizing Human Rights”, I diagnosed the root cause of these problems. Theorists and practitioners have falsely supposed that the concept of “human right” picks out a single, unified class of moral entitlements. However, the concept actually refers to two fundamentally different types of moral entitlements: (A) international human rights, which are universal human moral entitlements to coercive international protections, and (B) domestic human rights, which are universal human moral entitlements to coercive domestic protections. Accordingly, I argue, an adequate “theory of human rights” must be a dual theory. The present paper provides the first such theory. First, I show that almost every justificatory ground given for “human rights” in the literature – such as the notion of a “minimally decent human life”, “urgent human interests”, and “human needs” – faces at least one of two fatal problems. Second, I show that after some revisions, James Griffin’s conception of “personhood” provides a compelling justificatory ground for international human rights. Third, I show that the account entails that there are very few international human rights – far fewer than existing human rights theories and practices suggest. Fourth, I show that there are reasons to find my very short list of international human rights compelling: “human rights justifications” for coercive international and foreign policy actions over the past several decades have consistently overstepped what can be morally justified, and my account reveals precisely how existing human rights theories and practices have failed to adequately grapple with these moral hazards. Finally, I outline an account of domestic human rights which fits well with many existing human rights beliefs and practices, vindicating those beliefs and practices, but only at a domestic level. (shrink)

Place-based education is founded on the idea that the student’s local community is one of their primary learning resources. Place-based education’s underlying educational principle is that students need to first have an experiential understanding of the history, culture, and ecology of the environment in which they are situated before tackling broader national and global issues. Such attempts are a step in the right direction in dealing with controversial issues in a democracy by providing resources for synthesising curriculum though (...) theory (curriculum content, including traditional subjects) and practice (practical learning as experiential education). Nevertheless, many place-based accounts discount Indigenous conceptions of place, which are integral to Indigenous ways of knowing, being and doing, especially in relation to the ontological relationship to Land and Country. Indigenous philosophy has the potential to inform what place-based education means by students developing a ‘sense of place’ when engaging with local communities as their ‘own’ place. In this article we re-imagine the community of inquiry as a place-responsive pedagogy by learning from Indigenous philosophy, and recentring Indigenous notions of place in experiential learning. In addition to exploring the pedagogical potential of a place-responsive account of the community of inquiry, we look to the implications for teacher preparation. (shrink)

The New Demon World Objection claims that reliabilist accounts of justification are mistaken because there are justified empirical beliefs at demon worlds—worlds at which the subjects are systematically deceived by a Cartesian demon. In this paper, I defend strongly verific (but not necessarily reliabilist) accounts of justification by claiming that there are two ways to construct a theory of justification: by analyzing our ordinary concept of justification or by taking justification to be a theoretic term defined by its role (...) in the theory of knowledge. The former route is not promising because of the splintered nature of our ordinary concept of justification—or perhaps because there is no single such concept. On the other hand, if justification is defined by the role it plays in the theory of knowledge, then there is good reason to think that justification must be strongly truth-conductive since the term was introduced by Edmund Gettier to play the primary role in converting true belief into knowledge. And if that is right, then there will be no justified empirical belief at demon worlds. The real lesson of the demon world is then turned on its head: justification does not supervene on what one shares with one’s deceived doppelganger. (shrink)

Having a confirmation bias sometimes leads us to hold inaccurate beliefs. So, the puzzle goes: why do we have it? According to the influential argumentative theory of reasoning, confirmation bias emerges because the primary function of reason is not to form accurate beliefs, but to convince others that we’re right. A crucial prediction of the theory, then, is that confirmation bias should be found only in the reasoning domain. In this article, we argue that there is (...) evidence that confirmation bias does exist outside the reasoning domain. This undermines the main evidential basis for the argumentative theory of reasoning. In presenting the relevant evidence, we explore why having such confirmation bias may not be maladaptive. (shrink)

In this paper, I try to pin down the essence of conservative political theory. I then show that no-one really believes this theory, because all of us embrace progressive values and principles under the right circumstances. This doesn't mean that there aren't such things as conservative political reasons, and I offer an account of such reasons here. But in my view no-one really thinks that such reasons are the sole or even the primary political reasons.

This essay develops a model of democratic representation from the standpoint of epistemic theories of democracy. Such theories justify democracy in terms of its tendency to yield decisions that “track the truth” by integrating asymmetrically dispersed knowledge. From an epistemic point of view, I suggest, democratic representatives are best modeled as epistemic intermediaries who facilitate the vertical integration of knowledge between policy experts and non-experts, and the horizontal integration of knowledge among diverse non-experts. The primary analytical payoff of this (...) model is that it provides a clear rationale for variation in the norms and institutionalization of representative behavior. Sometimes a delegate-like approach is the right one, and sometimes a trustee-like approach is better. The key determinant is the effect of these models on the epistemic quality of outcomes under different circumstances. Towards the end of the essay, I apply the model to the present revival of populism and consider its implications in that context. (shrink)

In this paper, we examine how the availability of massive quantities of data i.e., the “Big Data” phenomenon, contributes to the creation, spread, and harms of online misinformation. Specifically, we argue that a factor in the problem of online misinformation is the evolved human instinct to recognize patterns. While the pattern-recognition instinct is a crucial evolutionary adaptation, we argue that in the age of Big Data, these capacities have, unfortunately, rendered us vulnerable. Given the ways in which online media outlets (...) profit from the spread of misinformation by preying on this pattern-finding instinct, we conceptualize the problem that we identify as a morally objectionable form of “epistemic exploitation.” As we argue, the consumer of digital misinformation is often exploited by having her pattern-recognition instinct used against her. This exploitation is morally objectionable because it deprives her of an epistemic good to which she has a right. This epistemic good is the integrity of the pattern-recognition instinct itself which, we argue, is a capacity that allows us to participate in uniquely human goods. While our primary goal is to bring attention to this form of epistemic exploitation, we conclude by briefly evaluating some general solutions to the growing problem of online misinformation. (shrink)

Book Panel on Zoopolis including articles by Clare Palmer, Dinesh Wadiwel and Laura Janara and a reply by Donaldson and Kymlicka.

June 2022 A Revolutionary New Metaphysics, Based on Consciousness, and a Call to All Philosophers We are in a unique moment of our history unlike any previous moment ever. Virtually all human economies are based on the destruction of the Earth, and we are now at a place in our history where we can foresee if we continue on as we are, our own extinction. As I write, the planet is in deep trouble, heat, fires, great storms, and record flooding, (...) weather patterns drastic everywhere. Capitalism has been so successful in supplying us with an endless array of consumer items, that we have never noticed there is a cost. But there is a cost, the cost is the very life of the Earth herself, and now the day of reckoning is here. Days of reckoning are most often days of rath. But I am hoping that this is a day of major Awakening over the entire planet. We have caused a crisis so great for the Earth we can hardly get our minds around it. But I am proposing that deeply embedded in the crisis are ideas, about who and what the Earth is, Ourselves, and what we are here for. I am proposing that this is a call to all philosophy and philosophers to rethink ourselves from the ground up. The human race has never gotten the Earth right and now we must, for the Earth is the true foundation for civilization. We are in deep trouble with the Earth, and it owes to the fact that the great male thinkers never got the Earth right, they could never make the connection between the life of mind and the life of the Earth. I am proposing that deeply embedded in the crisis we are in are ideas. And that in fact the planet is in the grip of a false metaphysics, and scientific image of nature that really comes most recently from Descartes. His conviction that matter, and with it the Earth, are simply the weighable, the measurable the extended in space and time, utterly devoid of any inner life of mind thoughts or Consciousness. This view of matter and the Earth goes back to the very dawn of thought, Descartes is just its most recent and comprehensive version of things. This view of matter is really a false metaphysics that dominates most of the modern world and underpins the whole scientific image of nature itself. I am proposing this is a false metaphysics and offering a new version of things based on Consciousness. If there is a single idea fueling and driving the destruction of the planet, it is the conviction that the Earth is something without Consciousness. When you intend to ravage and savage the planet, turn it into consumer items to be converted into money in the bank, first pretend that all of the bright beings in the natural world are devoid of Consciousness, just “things” you do not have to have any conscious about destroying them. I am proposing that this term Consciousness, that has appeared as term and a problem for modern science, is the key to getting ourselves right with the Earth. I propose this new theory for science will ramify into every other disciplines as well, and the ways we think just about everything. This old paradigm based on a false theory of matter, has run its course, it has brought us to the brink of our own extinction. We need new ideas, and we need them now. You will find my recent work in the Scientific God Journal under the title: Consciousness as the Organizing Principle, and a very complete version of my arguments for this term Consciousness, along with radical reinterpretation of modern science itself, on the Galileo Commission site. It is a radical moment for all of the thinkers among us, take this as my small contribution to rethinking ourselves in new terms, based on my understanding that the true basis for the whole of Being, the Universe, the Cosmos, and with them Ourselves, is this term Consciousness. And unpack it. And I predict that with this term Consciousness every intractable human problem in both science and the modern world will go down like a line of dominos before it. And so, here are a few new ideas I would offer you. These are the times of the Reappearance of the Feminine, a great Awakening as of Springtime after a long dark and lonely Winter. We are leaving behind us an old civilization based on male dominance, fear lies and control, now in decay, disease, and death disintegrating all around us. We are moving into a whole new civilization based on Love and Truth. A new civilization requires new basic terms values and first principles. And so, I return to Descartes. 1. Just over 300 years ago a young man travelling with the army found himself stranded in a foreign town in a bare room lit by a candle with nothing to do but think. And in a couple of nights Descartes laid the entire thought foundations for modern science and most of the modern world. It isn’t clear that modern philosophers with their funding sources of grants, their graduate students, their reputation and all the perks and privileges of academia can do any better. Descartes claimed there are just two principles in the Universe, Matter and Mind. God was pure mind; human beings were mind and matter. And we are the only ones on the planet with mind. Everything else all of the bright array of beings who share the planet with us are simply matter. And matter? The weighable the measurable the extended in space and time utterly devoid of any inner life of thoughts, feelings, or Consciousness This classification was a boon for developing science. Scientists did not have to worry about any inner life in nature, ideas or Consciousness, they could just set about weighing and measuring, as they have until the present day. But it was a disaster for the Earth. Earth was once worshiped as a Goddess. With Descartes she became almost overnight “things.” Simply commodities and resources, an endless of supply of consumer items, to be turned into money in the bank. And now Descartes concept of matter is up for us. If there is a single idea that is enabling and driving the destruction of the Earth, it is the conviction that Earth is something without Consciousness. This whole scientific image of nature as something devoid of Consciousness is driving the destruction of the Earth, and driving us all insane, and it needs to change. Ever since Descartes formulated Dualism, scientists and philosophers have been trying to get rid of it. They have done this by attempting to make matter the fundamental term of reality, and to explain mind or Consciousness in terms of matter. And now, Consciousness has emerged as term and a problem for modern science. 2. The prevailing Universe picture has been mainly based on the belief that Consciousness appears only at the end of evolution in ourselves and some of the higher animals when matter attains “a certain state of complexity” and it is produced by neurons in the brain. But Consciousness is nothing real in itself, the neurons are doing the work, Consciousness is simply a byproduct of neural activity. As William James summed up this position, not his: Consciousness is to the brain as a shadow to the runner, it runs beside him but never influences his stride. And so, the great problem of neuroscience: How do neurons produce Consciousness? So far, no one has been able to say how. All we have is parallelism. Two processes are running in parallel a train of neural events and a train of Consciousness events. And so, which one is primary? The face of neuroscience and much of the modern world is that the neural events are what is really real, Consciousness is secondary. The conviction that Consciousness is something produced by neurons is so deeply held and has been so for so long, that it seems like an obvious fact. It is in fact an assumption and a theory, and it could all well be the other way around. The scientific image of nature as something devoid of Consciousness is now up for us. It has enabled the destruction of the Earth, and we are now at a unique place in our own evolution where we can foresee if we continue on as we are, our own extinction. And so, there are the best reasons for rethinking Descartes concepts of matter. Scientists and philosophers have been trying to escape dualism by making matter the fundamental term. And now, this has not worked. In a nutshell: The mind body problem, the “hard problem of Consciousness” ---how do neurons in the brain, atoms and molecules give rise to ideas thoughts and feelings and who what and where is the “I” who sees them? And then, the near-death experience. I remind you of the truth of the near-death experience. The body in the bed is brain dead eeg flat, but the patient, pure Consciousness is hovering at the ceiling watching the doctors work over the body below, able to read dials he could not have seen from the bed, sometimes able to events in the corridor beyond the room, all subsequently confirmed by the doctors. Evidence as good as it gets that the patient really was out of his body. And so, the patient is able to see without eyes, hear without ears and to think and remember without a brain. There is not a single scientific principle that can account for this. And I am proposing that the near-death experience is a threshold and a key for a much deeper understanding of the Universe. These three problems are so hard they cannot be solved by present scientific principles and therefore call all present principles and ways of thought into question. When your axioms cannot account for the data, it is time to drop them and find better fundamental terms. We have not been able to solve the problems of Consciousness with the assumption that matter is the most basic and fundamental term. And so, if Cartesian dualism is to be overcome at all, we need to try it the other way around. 3. We are in the position of Copernicus. Remember Copernicus? He was making his calculations on the assumption that the Earth was the center of the Universe until they became so unwieldy that he decided to try it all the other way around. To make the sun the center, the Earth revolving around it. And lo, all of his data fell neatly into place. I am proposing a whole new Universe picture. Evolution makes us continuous with every other being, Consciousness would not be in us if it were not in them also, and then, in the atoms and molecules and cells that make up living beings. I propose to make Consciousness the most basic term and see what follows. I am in fact, proposing a new Copernican Revolution, that Consciousness is the true basis for the Universe and the right fundamental term, for science itself all other disciplines as well, and the whole of the modern world. And I predict that every intractable problem in science or the modern world, will go down like a line of dominos before it. In a nutshell: Consciousness and not matter is “first and fundamental” in the Universe, it is there from the very “Beginning” everything has it and all of the true causalities, the explanatory principles belong to it. Not to matter. What then is matter? All matter is an Appearance of something much more real, Consciousness. All matter is an expression of Consciousness, even the least little bit of matter contains Consciousness, and is an expression of Consciousness. And so, we revise the scientific image of nature. Science at present is two termed, matter/energy. It needs to become three termed: Matter/energy/Consciousness, with the recognition that all of the basic principles, the true causalities of events, and of the Universe belong to Consciousness. And now physics. To accommodate this new Universe picture physics needs to alter just one term, energy. All energy contains Consciousness, that idea alone will change our world forever. The animals the trees the plants are just as conscious as we are, as is the Earth herself, a continuum of many forms of Consciousness of which our own is one. The Earth consists of interacting and intersecting forms of Consciousness, Consciousness within Consciousness within Consciousness within Consciousness. A remarkable work has just appeared entitled “Beyond Words What Animals Feel and Think.” Describing in detail how like ourselves all of the animals are. And the more we can see how like us everything else really is, the harder it will be for us to do them all in, in the interest of turning them into consumer items. And so, here is a new principle of understanding, that entails completely new forms of explanation, and a whole new Universe picture to be spelled out in terms of Consciousness and its various properties. This is a Universe that is aware awake and Enspirited throughout. And so, there is only one principle, not two. And so, how does Consciousness work? There is “no mind/body problem.” My Consciousness is aligning the Consciousness of neurons in the brain, that aligns the Consciousness of all other cells in the body, that aligns the Consciousness of molecules and atoms themselves. Mainly from the top down, but also interactive, and not reduction to the purely physical forces. 4. And so, here is a radical new Universe picture, and with it a new way to think about the Universe itself, the Earth, Ourselves, and Spirit. It requires a complete revision of both of the terms of modern science itself. The problem of the modern world owes in deep measure to Descartes concept of matter as something devoid of interior life. But he is only the most powerful and simple expression of a whole tradition of thought that predates him, that goes back to the very dawn of thought itself. It owes to the conviction of both Plato and Aristotle that the Earth was something devoid of reason, or mind, and therefore something to be held in complete contempt. We are emerging from a civilization based on contempt for the Earth, and down the road, it will become contempt for the body, sex, women, the Native people, and people of color everywhere. And so, this entire tradition is now up for us, it has brought us to the brink of our own extinction, and we need to get beyond it. I am proposing that this term Consciousness is the way out. The missing piece of the puzzle and the idea whose time has come. And it will enable us to move into a completely new civilization based on respect for the Earth, women, sex, people of color, that honors everyone and has a place for all. Revolutions in science occur when new data show up that cannot be accounted for by existing paradigms (Thomas Kuhns: The Structure of Scientific Revolutions). Consciousness, and all the properties and problems of Consciousness are just such data, and they compel a new scientific revolution. But we are a scientific age. A new Copernican revolution in science is such as revolution everywhere. And Consciousness is the key to getting every other reality at all levels and depths right as well. It will enable us finally to get the Earth right, get ourselves right with the Earth, and with one another. Archimedes: Give me a place to stand, and I will move the world. I am proposing a new synthesis among our fundamental terms in which this term Consciousness is the new lynchpin. And so, I return once more to Descartes. Descartes in the Mediations was a dualist, they were two realities interacting in the pineal gland mind and body. But Descartes age was high on “Cartesianisms,” on Descartes concept of matter. Animals were simply cleverly wired machines (Hobbes called them automata). Rumor had it that Descartes followers went about kicking dogs reasoning that their howls were not due to any feelings of pain, but simply the wiring of the machine. We have been doing this to the Earth ever since, and now the Earth is not going to stand for it any longer. It is time we all woke up. There is no matter in Descartes sense of it, or in Plato and Aristotle’s sense of it. This old concept of matter is embedded in all of the crisis and catastrophes---fires, drought, pandemics, over population, the disintegrating economies, our ways of life, capitalism and consumerism themselves. All matter is Enspirited, contains Consciousness, and is an expression of Consciousness. Now I tell you something about Descartes you may not know. In the Mediations was a dualist, there are minds and bodies. But by the end of his life, he knew the truth. Descartes guided his whole life by these vivid dreams, and toward the end of his life he had this dream: He saw the Universe as a giant machine and in the heart of the machine propelling the whole, was Consciousness. And so, out of the shades and shadows and into the light of day. Here is a renewed and a new science, a new cosmology. And with it, a revolutionary new metaphysics. The whole of the modern world is in the grip of a false metaphysics, based on Descartes theory of matter. Here is a new, and finally true metaphysics based on the single term, Consciousness. 5. And in all my works, I spell out this new metaphysics based on Consciousness, and what it means for how we think about virtually everything: The Universe, the Earth, Ourselves, and Spirit. Of who, what and where Spirit is, that we may connect with Spirit everywhere. There is only one term for the Universe, and not two, this single term Consciousness, that manifests itself in two modes: Consciousness in Form, Consciousness Formless. And so, here is a sketch of what this new term Consciousness really means. For four great aspects of the real, four new cornerstones for a whole new civilization on Earth, based on Love and Truth. A. For the Universe: New causalities, all matter is an expression of Consciousness, awake and aware, Enspirited throughout, which has a place for the causalities of love ideas intent plan and purpose, what Aristotle called final causality, that for the sake of which. And it has a place for subjectivity, the greatest mystery in the whole of the Universe, knowable only in ourselves, but there in everything else as well, bedrock in the chain of causalities. The buck stops here. Here are two very different Universe pictures. The Cartesian Universe consists of things, pushed, and pulled around by the physical forces that function blind. The true Universe consists of selves and not things. Selves at least in ourselves, are organized and focused about an I, an I am, or a sense of self in everything, ever other being dear to itself. Just one aspect of subjectivity. And so, it is Consciousness all the way down, and subjectivity all the way down. Science proceeds on the basis of the negligible of what it can leave out as unimportant. Subjectivity is the ultimate animating principle of the Universe. What Descartes really did was to strip from nature what is most essential about it, its animating principle Consciousness. And so, we come out of a long history of “clunk.” The great male thinkers have killed creation. First in concepts and now in the lived life. And so, after centuries of fruitless search, not all of it in vain, finally, and just in time the true basic principle for the Universe has shown up in virtually all disciplines, this term Consciousness. B. And so, the Earth: What does this term Consciousness really mean for the Earth? It means that all of the bright array of beings around us have Consciousness. And the more we can realize how like us they are, the harder it will be to do them all in. Is this what it really means to be “made in the image of Spirit?” To destroy ever other living being? The god of Genesis is a creator god who has created billions and billions of living forms. Man, taking himself to be made in the image of Spirit has destroyed virtually all of it. The Earth is not things, not commodities and resources, not an endless array of consumer goods. The Earth consists of conscious living spiritual beings like ourselves, who need to be honored and respected, nurtured and cared for, to be Loved. And if the human race can finally pull it off and bring Love here and start helping the Earth rather than destroying her, even our vast numbers now at 8 billion, may not matter. Deeply embedded in the modern world is a false cosmology based on the hitherto useful but ultimately false metaphysics of Descartes. In particular it owes to Descartes concepts of matter, and of the Earth, as something devoid of Consciousness. And now this concept is up for us. If there is a single idea enabling and driving the destruction of the planet, it is the conviction that the Earth is something devoid of Consciousness. And we all have a vested interest in keeping this false concept in place. When you intend to ravage and savage the Earth, to turn it into consumer items, and money in the bank, first pretend she has no Consciousness that way we need not have any conscious about it. We are in deep trouble with the planet. Virtually all human economies are based on the destruction of the Earth, and we are now at a place in our history where we can foresee if we continue on as we are, our own extinction. And so, here are a few new guiding principles for the planet, based on Consciousness. Consciousness has field properties. The Earth is Consciousness throughout, connected and interconnected throughout, intersecting and interacting fields of Consciousness of which our own is one. To harm one is to harm all. Only this understanding of the Earth can set our destructive technologies, and capitalism, their goals, and their limits. The real problem with capitalism, and with civilization itself is it has no true understanding of the Earth, all the exquisite networks and webworks that connect all beings with one another. Nor it is about to admit that the Earth is our “life support system,” reason gone insane in the modern world. We are destroying our life support system, capitalism is the full expression of the human death wish in the modern world, and it needs to change. And now, let the barriers between ourselves and all other beings go down. C. And so, Ourselves. This new Universe picture based on Consciousness opens into and has a place for new concepts of human identity. In particular, it has a place for reincarnation, a process whereby one Consciousness dons’ bodies again and again and lays them down. This is a process wholly impossible on materialistic theories. This new view of things puts a higher perspective on Freudian determinism, which is a partial knowing in a greater account. We are something more than the victims of genes drives and childhood. We are immortally eternal evolving spiritual beings who take on a cycle of earthly lives in order to achieve certain goals and abilities, and then, our earthly cycle complete, we depart the Earth plane for other areas of the Universe physical or purely spiritual, to continue our evolution elsewhere. The scientific evidence for reincarnation is increasing on all sides, see for example the work of Michael Newton, a mainstream scientist forced to confront the fact of reincarnation. A completely new reincarnational picture is now emerging everywhere. We choose our parents for abilities we could acquire through them. We all come here with reasons for being here, and we all have free will, an original property of Consciousness, and we work out our issues accordingly. We all come here with the same reason for being here. It is to experience the Earth plane and human society at all levels and depths, in every social role, every climate, both sexes male and female and in all races. We are all here to acquire a deep understanding of the Earth plane with all its challenges and all of its present problems. We are not here to devour and consume the Earth, but to honor her for the learning experience she makes available for us. And so, reincarnation is the great equalizer, the fundamental basis for any bill of rights. Many of the problems of the modern world owe to the fact that reincarnation has not been taught in the West. Reincarnation was the center piece of Jesus teachings. It was banned by a fourth century council that decided the populous could best be controlled through fear. They edited all mention of reincarnation from the scriptures, and inserted fear terms instead, a judgmental god, and so on. If reincarnation had been taught, there would have been no suppression of women, but the gift of both sexes would have been honored and developed. And there would have been no reason for contempt for people of color because who they are, we have been or will be. There is no reason to look down on anyone when we know that our own identity includes membership in theirs. The truth of reincarnation needs to be the foundation for getting ourselves right with the Earth, and with one another. D. And so, Spirit. This new Universe picture, based on Consciousness, has a place for Spirit as simply Infinite Consciousness. All universes all worlds are formed out of this Consciousness, divine and sacred throughout. And Spirit is everywhere in the Earth and can be connected everywhere. And the Native North American people had things right. Everything has its own Spirit, and without contradiction is also an expression of Spirit. And what I am really doing in terms of concepts of modern science is presenting the Native North American version of the Real. And this new Universe picture has a place for the essential insight of all religions almost smothered by church tradition: Love. Not an emotion but a great Oneness, that can be found everywhere, even in a busy city street. But especially in the Earth, that is levels and depths of Oneness everywhere. And so, for the first time in their long and bitter antagonistic history, science and religion now share a common base with this term Spirit, the lynchpin in a new conceptual framework. And I offer an interpretation of where we are in our history, this present moment of historical grace, and these tumultuous times in which we live, the return of the Goddess and the Divine Feminine, the Reappearance of the Feminine in history, the Advent of Women, this great Awakening, as of Springtime after a long dark Winter, the Awakening, the Second Coming. And so, stay tuned! (shrink)

Amidst the broad divergence in opinion of philosophers and scientists at understanding reality that has lent character to the historical epochs of the Philosophical enterprise, the crucial realization has always been, of the necessity of Epistemology in our entire program of making inquiry into ‘What Is’. This realization seems born out of the erstwhile problem of knowing. Epistemology, which investigates the nature, sources, limitations and validating of knowledge, offers a striking challenge here. Since we have no direct access to our (...) world around us, outside of the subjective experience offered us by our senses, we are handicapped at making comparisons of our beliefs with a concrete world, out there, or with elements of the world. Our statements about the world seem to stand alone, buffeted against the intimidating tide of possible contradicting circumstances. Our putative claims to knowledge, therefore, face the exigency of justification. Ayer, expressing the urgency of resolving this persisting lacuna, provides an alternative criterion of knowing, as ‘having the right to be sure’. Thus, it is this deep-seated concern that has evolved, over time, to become the primary thrust of the project of Epistemology, raising the controversy over which, of Epistemology or Metaphysics, is to be accorded the prime status of first philosophy. However, Aquinas is wise to build his epistemological premise on a firm metaphysical support, clarifying the needed development from being to knowledge. For, being has to first exist to constitute the object of perception, belief, and knowledge. Accordingly, our exposition of Aquinas’ epistemology will first take a cursory look at the theoretical and historical background to Aquinas’ Philosophy, before offering a general characterization of his theory of knowledge. Then, the paper will discuss his concept of sense perception as a basis for all knowing, followed closely by an analysis of cognition and Scientia. (shrink)

This study explores the interface between conscious and nonconscious mental processes using phenomenological analysis, information processing cognitive psychology, connectionism and traditional aesthetic theories. It attempts to explain how global, evaluative information--especially the primitive feeling of 'rightness' or 'making sense'--is represented in consciousness. ;Many lines of evidence confirm and extend William James' nucleus/fringe model of consciousness: surrounding clear experience in focal attention is a fringe of vague experience. Context information in general, and the feeling of rightness in particular, occupy the fringe. (...) The fringe is vague because it works to finesse consciousness' limited capacity to articulate experience, and the fringe is elusive or 'ungraspable' because it helps to call new information into consciousness. The phenomenology of the fringe is thus a consequence of its cognitive functions. ;Meaningfulness is proposed to be a summary index of cognitive integration, signalling consciousness about the degree of global compatibility or 'fit' between a given content in the focus of attention and its nonconscious context. Though very similar to goodness-of-fit in a connectionist network, Meaningfulness is proposed to play an active feedback role in cognition, while goodness-of-fit, as currently used, is a passive measure of network integration. ;This analysis predicts that an intense feeling of Meaningfulness will have a characteristic 'profile,' and this profile is evident in many accounts of aesthetic experience: a feeling of unity and coherence that cannot be captured adequately in words, but which nevertheless seems to be a source of profound, and often "spiritual," knowledge. ;Many philosophical theories try to explain the unistic, ineffable, noetic, and transcendent aspects of the aesthetic. Platonic and Aristotelian traditions are considered, but the primary focus is on Kant. The Critique of Judgment created modern aesthetics, and in many ways it is remarkably compatible with current cognitive analysis. ;Beyond clarifying the cognitive foundation of aesthetic experience, this study offers new arguments against epiphenomenalism, provides further reason to doubt rule-based accounts of nonconscious processing, explains the isomorphism in aesthetic and mystical phenomenology, and develops a method to investigate consciousness called convergent phenomenology. (shrink)

Change is the fundamental idea of evolution. Explaining the extraordinary biological change we see written in the history of genomes and fossil beds is the primary occupation of the evolutionary biologist. Yet it is a surprising fact that for the majority of evolutionary research, we have rarely studied how evolution typically unfolds in nature, in changing ecological environments, over space and time. While ecology played a major role in the eventual acceptance of the population genetic viewpoint of evolution in (...) the synthetic era (circa 1918-1956), it held a lesser role in the development of evolutionary theory until the 1980s, when we began to systematically study the evolutionary dynamics of natural populations in space and time. As a result, early evolutionary theory was initially constructed in an abstract vacuum that was unrepresentative of evolution in nature. The subtle synthesis between ecology with evolutionary biology (eco-evo synthesis) over the past 40 years has progressed our knowledge of natural selection dynamics as they are found in nature, thus revealing how natural selection varies in strength, direction, form, and, more surprisingly, level of biological organization. Natural selection can no longer be reduced to lower levels of biological organization (i.e., individuals, selfish genes) over shorter timescales but should be expanded to include adaptation at higher levels and over longer timescales. Long-term and/or emergent evolutionary phenomena, such as multilevel selection or evolvability, have thus become tenable concepts within an evolutionary biology that embraces ecology and spatiotemporal change. Evolutionary biology is currently suspended at an intermediate stage of scientific progress that calls for the organization of all the recent knowledge revealed by the eco-evo synthesis into a coherent and unified theoretical framework. This is where philosophers of biology can be of particular use, acting as a bridge between the subdisciplines of biology and inventing new theoretical strategies to organize and accommodate the recent knowledge. Philosophers have recommended transitioning away from outdated philosophies that were originally derived from physics within the philosophical zeitgeist of logical positivism (i.e., monism, reductionism, and monocausation) and toward a distinct philosophy of biology that can capture the natural complexity of multifaceted biological systems within diverse ecosystems—one that embraces the emerging philosophies of pluralism, emergence, and multicausality. Therefore, I see recent advances in ecology, evolutionary biology, and the philosophy of biology as laying the groundwork for another major biological synthesis, what I refer to as the Second Synthesis because, in many respects, it is analogous to the aims and outcomes of the first major biological synthesis (but is notably distinct from the inorganic and contrived progressive movement known as the extended evolutionary synthesis). With the general development of a distinctive philosophy of science, biology has rightfully emerged as an autonomous science. Thus, while the first synthesis legitimized biology, the Second Synthesis autonomized biology and afforded biology its own philosophy, allowing biology to finally realize its full scientific potential. (shrink)

In this book, Julie K. Ward examines the concept of theoria within both philosophical and what she terms ‘traditional’ frameworks. Her primary objective is to enhance the ongoing philosophical discussion surrounding Plato and Aristotle’s accounts of theoria by situating them within the context of the earlier practice of traditional theoria. By understanding the cultural ground from which these philosophical accounts spring, Ward rightly asserts that her work enables a deeper and more sustained critical analysis of both philosophers’ theories than (...) what is found in current scholarship. (shrink)

Liberal-contractarian philosophies of justice see the unjust systems of slavery and autocracy in the past as being based on coercion—whereas the social order in modern democratic market societies is based on consent and contract. However, the ‘best’ case for slavery and autocracy in the past were consent-based contractarian arguments. Hence, our first task is to recover those ‘forgotten’ apologia for slavery and autocracy. To counter those consent-based arguments, the historical anti-slavery and democratic movements developed a theory of inalienable rights. (...) Our second task is to recover that theory and to consider several other applications of the theory. Finally, the liberal theories of justice expounded by John Rawls and by Robert Nozick are briefly examined from this perspective. (shrink)

Abstract. An early perception of pacifism was known even in Latium, a small area in Ancient Rome. Its meaning, in the language then spoken, arose from the word (ficus) that personifies the very coming into being of harmonious relations between nations (pax). In other words, the term portrays creation of peace on a continuum from complete to moderate resistance to armed conflict while different arguments of abstract, spiritual and scriptural nature defend its core. Pacifism maxim that war is wrong as (...) killing is wrong belongs to the primary theory virtues that the paper will attempt to visualize in sections of absolute, deontological, and consequentialist conviction as well as that of contingent belief and civil rights movements. Another hallmark refers to pacifists’ belief in nonviolence as what only defends the innocent or prevents breaking out the conflict. The theory disapproves armed dispute; it simultaneously means moderate opposition and denial of cruelty in building peace. It is concentrated on overruling war and represents, at the core, a moral attitude calling upon political philosophy to uphold the principled negation of war. Violence nowadays is an inevitable part of life, but insisting that taking up arms is not a part of the solution is what permeates discourses too. -/- Key words: pacifism, absolutist, deontological, consequentialist, contingent. (shrink)

This book argues that moral philosophy should be based on seven scientific principles of theory selection. It then argues that a new moral theory—Rightness as Fairness—satisfies those principles more successfully than existing theories. Chapter 1 explicates the seven principles of theory-selection, arguing that moral philosophy must conform to them to be truth-apt. Chapter 2 argues those principles jointly support founding moral philosophy in known facts of empirical moral psychology: specifically, our capacities for mental time-travel and modal imagination. (...) Chapter 2 then shows that these capacities present human decisionmakers with a problem of diachronic rationality that includes but generalizes beyond, L.A. Paul’s problem of transformative experience: a problem that I call “the problem of possible future selves.” Chapter 3 then argues that a new principle of rationality—the Categorical-Instrumental Imperative—is the only rational solution to this problem, as it requires our present and future selves to forge and uphold a recursive, bi-directional contract with each another given mutual recognition of the problem. Chapter 4 then shows that the Categorical-Instrumental Imperative has three identical formulations analogous but superior to Immanuel Kant’s various formulations of his ‘categorical imperative.’ Chapter 5 shows that these unified formulas jointly entail a particular test of moral principles: a Moral Original Position similar to John Rawls’ famous ‘original position’, but which avoids a variety of problems with Rawls' model. Chapter 6 then shows that the Moral Original Position generates Four Principles of Fairness, which can then be combined into a single principle of moral rightness: Rightness as Fairness. This new conception of rightness is shown to reconcile four dominant moral frameworks (deontology, consequentialism, virtue ethics, and contractualism), as well as entail a new method of moral decisionmaking for applied ethics: a method of “principled fair negotiation” according to which applied ethical issues cannot be wholly resolved through principled debate, but must instead be resolved by actual negotiation and compromise. This method is then argued to generate novel, nuanced analyses of a variety of applied moral issues, including trolley cases, torture, and the ethical treatment of nonhuman animals. Chapter 7 then shows that Rightness as Fairness reconciles three leading political frameworks—libertarianism, egalitarianism, and communitarianism—showing how all three embody legitimate moral ideals that can, and should, be fairly negotiated against each other to settle the scope, and nature, of domestic, international, and global justice on an ongoing, iterated basis. Finally, Chapter 8 argues that Rightness as Fairness satisfies all seven of the principles of theory-selected defended in Chapter 1 more successfully than rival theories. (shrink)