The aim of the Schematism chapter of the Critique of Pure Reason is to solve the problem posed by the “inhomogeneity” of intuitions and categories: the sensible properties of objects represented in intuition are of a different kind than the properties represented by categories. Kant's solution is to introduce what he calls “transcendental schemata,” which mediate the subsumption of objects under categories. I reconstruct Kant's solution in terms of two substantive premises, which I call Subsumption Sufficiency (i.e., that subsuming an (...) object under a transcendental schema is sufficient to subsume it under the corresponding category) and Real Possibility (i.e., that it is really possible to subsume objects under each of the transcendental schemata). These two principles, together with a trivial modal one (the Subsumption-Possibility Link), entail that it is possible to subsume objects under categories; in other words, the argument of the Schematism is valid. The main work of the paper consists in reconstructing Kant's arguments for, and explanations of, these premises. I argue that they hinge on Kant's claim that transcendental schemata are “time-determinations,” which I interpret to mean: rules for reflexively representing the temporal relations among our own representational states. On the basis of this reading, I reconstruct Kant's argument for Subsumption Sufficiency, category by category. I also explain why Real Possibility follows almost immediately. Granting Kant the argument up to this point in the Critique, the argument of the Schematism is sound. (shrink)

The relationship between teaching and argumentation is becoming a crucial issue in the field of education and, in particular, science education. Teaching has been analyzed as a dialogue aimed at persuading the interlocutors, introducing a conceptual change that needs to be grounded on the audience’s background knowledge. This paper addresses this issue from a perspective of argumentation studies. Our claim is that argumentation schemes, namely abstract patterns of argument, can be an instrument for reconstructing the tacit premises in students’ argumentative (...) reasoning and retrieving the background beliefs that are the basis of their arguments. On this perspective, the process of premise reconstruction is followed by a heuristic reasoning process aimed at discovering the students’ previous intuitions that can explain the premises and concepts that are left unexpressed in their arguments. The theoretical insights advanced in this paper are illustrated through selected examples taken from activities concerning predictive claims on scientific issues. (shrink)

In the second edition Preface of Religion Within the Bounds of Bare Reason Kant responds to an anonymous review of the first edition. We present the first English translation of this obscure book review. Following our translation, we summarize the reviewer's main points and evaluate the adequacy of Kant's replies to five criticisms, including two replies that Kant provides in footnotes added in the second edition. A key issue is the reviewer's claim that Religion adopts an implied standpoint, described using (...) transcendental terminology. Kant could have avoided much confusion surrounding Religion, had he taken this review more seriously. We therefore respond to three objections that Kant failed to address: how the Wille–Willkür distinction enables the propensity to evil to be viewed as coexisting with freedom of choice; how moral improvement is possible, even though the propensity to evil is necessary and universal; and how a ‘deed’ can be regarded as ‘noumenal’.Send article to KindleTo send this article to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.The Implied Standpoint of Kant's Religion: An Assessment of Kant's Reply to an Early Book Review of Religion Within the Bounds of Bare ReasonVolume 18, Issue 1Stephen R. Palmquist and Steven Otterman DOI: https://doi.org/10.1017/S1369415412000295Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. The Implied Standpoint of Kant's Religion: An Assessment of Kant's Reply to an Early Book Review of Religion Within the Bounds of Bare ReasonVolume 18, Issue 1Stephen R. Palmquist and Steven Otterman DOI: https://doi.org/10.1017/S1369415412000295Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. The Implied Standpoint of Kant's Religion: An Assessment of Kant's Reply to an Early Book Review of Religion Within the Bounds of Bare ReasonVolume 18, Issue 1Stephen R. Palmquist and Steven Otterman DOI: https://doi.org/10.1017/S1369415412000295Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation. (shrink)

At a time when bioethical issues are at the top of public and political agendas, there is a renewed interest in representations of the embryo in various religious traditions. One of the major traditions that have contributed to Western representations of the embryo is the Jewish tradition. This tradition poses some difficulties that may deter scholars, but also presents some invaluable advantages. These derive from two components, the search for limits and narrativity, both of which are directly connected with the (...) manner in which Jewish tradition was constructed in Antiquity. The article accomplishes three goals: • To introduce some central elements in ancient Rabbinic literature on the subject of the embryo and its representation; • To present this body of literature as clearly as possible, noting some of the difficulties encountered by scholars who engage in its study; • To explain how the literature’s textuality came about, examining the particular sociopolitical circumstances of Judaism at that time, including the reasons for the delay in the production of scientific texts, transmitted as such, as compared to other philosophical or religious traditions. The claim is that these circumstances engendered a tradition peculiarly relevant for the study and teaching of medical ethics today. (shrink)

This chapter sets forth an interpretation of public reason that appeals to our central capabilities as human beings. I argue that appealing to central human capabilities and to the related idea of respect for threshold capabilities is the best way to understand public reason. My defense of this position advances stepwise: first, I consider a central alternative to a capability account, which regards public reason as a matter of contracting; next, I describe central concerns with contract views and show (...) how a capability view can avoid them; lastly, I consider extending public reason beyond national borders and test the two views in this context. (shrink)

According to the extended mind thesis (EM) and other enactivism proposals, the extendedconscious mind thesis (ECM) asserts that the material substrate of conscious mental states can extend beyond theboundary of the brain and into the environment. However, EM does not entail ECM. We examine the argumentsfor and against ECM, focusing on the supporting side's reasoning for the parity principle argument andsensorimotor interaction. We contend that their reasoning is flawed, and that they cannot guarantee the enactiyeeffect in explaining all (...) of the characters of consciousness. As a result, we suggest that we need a consensus onthe theory of consciousness, one that can meet the conceivability and reflexivity criteria of consciousness, as atheoretical prerequisite for exploring ECM while also assisting us in understanding the nature of mind. (shrink)

This paper shows how reasoning from best explanation combines with linguistic and factual presumptions during the process of retrieving a speaker’s intention. It is shown how differences between presumptions need to be used to pick the best explanation of a pragmatic manifestation of a dialogical intention. It is shown why we cannot simply jump to an interpretative conclusion based on what we presume to be the most common purpose of a speech act, and why, in cases of indirect speech (...) acts, we need to depend on an abductive process of interpretation. (shrink)

It is common to cite the child’s “right to an open future” in discussions of how parents and the state may and should treat children. However, the right to an open future can only be useful in these discussions if we have some method for deriving the content of the right. In the paper in which he introduces the right to an open future Joel Feinberg seems to provide such a method: he derives the right from the content of adult (...) autonomy rights. In this paper I argue that his argument fails. If it is to give us guidance about the content of the child’s right to an open future, then the right should be interpreted as a right to a maximally open future. But this strong interpretation is unjustified: the arguments that can be found in Feinberg in favor of the right are invalid, and, in any case, this interpretation has implausible implications. A moderate interpretation of the right to an open future, according to which children have a right to acquire some reasonable range of skills and options, is more plausible. However, if a moderate interpretation is correct, there is not only no argument in Feinberg to support it, there is also no method for deriving the content of the right. Without such a method we have to bring in other moral considerations in order to work out the limits on parental discretion and what children are owed. The right to an open future then does no normative work. (shrink)

There is longstanding interpretive dispute between commentators over Spinoza’s commitment to necessitarianism, the doctrine that all things are metaphysically necessary and none are contingent. Those who affirm Spinoza’s commitment to the doctrine adhere to the necessitarian interpretation whereas those who deny it adhere to what I call the semi-necessitarian interpretation. As things stand, the disagreement between commentators appears to have reached an impasse. Notwithstanding, there seems to be no disagreement among commentators on the question of necessitarianism’s philosophical plausibility (...) as a metaphysical view: the doctrine is wildly untenable. This consensus view is more relevant to the interpretive debate than few have recognized, since leading semi-necessitarian commentators take the doctrine’s alleged absurdity to be one of the most compelling reasons (if not the most compelling reason) to prefer their reading over the necessitarian interpretation: for, as a matter of methodological principle, great philosophers like Spinoza should not be ascribed ridiculous views in the absence of better evidence. -/- This dissertation seeks to defend Spinoza’s commitment to necessitarianism on both the interpretive and philosophical fronts. I argue not only that the necessitarian interpretation of Spinoza is more plausible than the semi-necessitarian interpretation on textual grounds, but that Spinoza’s necessitarianism is a serviceable philosophical view whose tenability has been almost entirely overlooked and perfunctorily rejected. The principal basis upon which I build this defense is Spinoza’s rich and fascinating view of essences—what I simply refer to as his essentialism. Spinoza’s essentialism forms the bedrock of his metaphysics and is significant not least because it underlies and informs doctrines like his necessitarianism. Spinoza’s essentialism supplies resources to answer not just interpretive problems associated with necessitarianism, but philosophical challenges to the plausibility of the doctrine. My defense of Spinoza’s necessitarianism on philosophical grounds also offers a novel way of getting past much of the current interpretive impasse among commentators by effectively undercutting the methodological motivation for the semi-necessitarian reading. In addition to my defense on the interpretive front, then, my defense on the philosophical front provides supplementary reason to a fortiori favor the necessitarian reading of Spinoza. (shrink)

Jeanine Grenberg argues that in Kant's moral philosophy, we access the moral law through feeling, specifically the feeling of respect. She claims the fact of reason refers to our conscious experience of categorical imperative and moral necessity is revealed through this feeling. Owen Ware critiques this "affect of reason" interpretation, arguing it relies on the flawed premise that all facts forced upon us are accessible only through sensibility. He uses Kant's example of the concept of substance, which we comprehend (...) through attention to its necessity, not sensation. Ware offers an alternative view, that we access the moral law by attending to its necessity, not through feeling. However, this view does not explain how we become aware of the content of the moral law. Though Grenberg's affect of reason interpretation coheres with the role of feeling in Kant's project, it struggles to preserve traditional understandings of the analytic. Ware rejects Grenberg’s feeling thesis but fails to provide a substantive alternative for grounding morality. His critique of Grenberg raises important questions about the fact of reason but an improved synthesis is needed to reconcile feeling’s epistemic role with the analytic. More work is required to articulate how we access the content of the moral law and explain Kant’s notions of conflict and respect. (shrink)

About 80 % of all convicted have had a prior record of conviction. But how should the state punish repeat offenders (with a prior conviction) as compared with first-time offenders who are convicted? The law in all jurisdictions, a large swathe of public opinion, and the general trend within criminal justice ethics all seem to accept what we may call: -/- Asymmetry A The punishment of repeat offenders should be harsher than the punishment of first-time offenders. -/- This asymmetry is (...) obviously just a rough structure. It leaves a lot of room for interpretation. Several retributivists have argued for progressive loss of mitigation (PLM). On this view, a first-time offender receives a discount on punishment that is gradually lost if he re-offends. When the discount is lost the offender receives the full punishment, and re-offending from that point on will be punished equally. However, recently some retributivists have argued in favour of a cumulative principle (CP) according to which an offender will progressively be punished more severely the more convictions he has accumulated. In sum, in the theoretical literature on the subject, Asymmetry A has been the mantra for several prominent retributivists. The aim of this paper is to point to an all but overlooked logical point in the discussion of punishment and recidivism. This is the point that it follows, from retributivism, that there is a reason - at least in some situations, as we shall see - to support what we may call: -/- Asymmetry B The punishment of repeat offenders should be more lenient than the punishment of first-time offenders. (shrink)

What makes a certain consideration an aesthetic reason rather than a reason of some other kind? Is it a solely a matter of the kind of attitude or activity that the reason supports? How fundamental or structural are such reasons? Do they contrast in a natural way with epistemic or practical reasons? Is skilled aesthetic achievement, whether interpretative or creative, a matter of recognizing the aesthetic reasons we have for a given response, and correctly according with such reasons? In this (...) paper, I offer a preliminary discussion of these topics. I argue that our account of aesthetic reasons should respect the fact that they play an important regulative role, over and above directly supporting aesthetic response. Such a role allows aesthetic reasons to moderate a wide range of practical and epistemic activities, but not by adding or substituting distinctively aesthetic ends or purposes for such activities. I then go on to argue against the view that skilled aesthetic achievement consists in correct recognition of and accord with aesthetic reasons, adapting a recent argument of Timothy Williamson’s. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments (...) used in cases of contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. -/- . (shrink)

The problem of establishing the best interpretation of a speech act is of fundamental importance in argumentation and communication in general. A party in a dialogue can interpret another’s or his own speech acts in the most convenient ways to achieve his dialogical goals. In defamation law this phenomenon becomes particularly important, as the dialogical effects of a communicative move may result in legal consequences. The purpose of this paper is to combine the instruments provided by argumentation theory with (...) the advances in pragmatics in order to propose an argumentative approach to meaning reconstruction. This theoretical proposal will be applied to and tested against defamation cases at common law. Interpretation is represented as based on a hierarchy of interpretative presumptions. On this view, the development of the logical form of an utterance is regarded as the result of an abductive pattern of reasoning in which various types of presumptions are confronted and the weakest ones are excluded. Conflicts of interpretations and equivocation become essentially interwoven with the dialectical problem of fulfilling the burden of defeating a presumption. The interpreter has a burden of explaining why a given presumption is subject to default, assuming that the speaker is reasonable and acting based on a set of shared expectations. (shrink)

There are many things that can be done to educate young people about controversial topics - including historical monuments - in schools. At the same time, however, we argue that there is little warrant for optimism concerning the educational potential of classroom instruction given the interpretative frame of the state-approved history curriculum; the onerous institutional constraints under which school teachers must labour; the unusual constellation of talents history teachers must possess; the frequent absence of marginalized voices in these conversations; and (...) finally, the not unlikely indifference - if not outright hostility - expressed by far too many members of the dominant group. For these reasons, we think it best to expand the scope of educational possibilities one is willing to consider. (shrink)

In the late summer of 1998, the authors, a cognitive scientist and a logician, started talking about the relevance of modern mathematical logic to the study of human reasoning, and we have been talking ever since. This book is an interim report of that conversation. It argues that results such as those on the Wason selection task, purportedly showing the irrelevance of formal logic to actual human reasoning, have been widely misinterpreted, mainly because the picture of logic current (...) in psychology and cognitive science is completely mistaken. We aim to give the reader a more accurate picture of mathematical logic and, in doing so, hope to show that logic, properly conceived, is still a very helpful tool in cognitive science. The main thrust of the book is therefore constructive. We give a number of examples in which logical theorizing helps in understanding and modeling observed behavior in reasoning tasks, deviations of that behavior in a psychiatric disorder (autism), and even the roots of that behavior in the evolution of the brain. (shrink)

The purpose of this article is to present an evidence-supported curriculum covering the fundamentals of logic, reasoning, and argumentation skills to address the emphasized basic knowledge, skills, and abilities required to be scientifically literate, which will prepare the public to understand and engage with science meaningfully. An analytic-synthetic approach toward understanding the notion of public is taken using a theoretical biomimetics framework that identifies naturally occurring objects or phenomena that descriptively captures the essence of a construct to facilitate creative (...) problem-solving. In the present case, the problem being solved is how to reconcile what is meant by public, how it ought to be interpreted, determining the diverse levels of confidence in science that exist, and various understandings of science all with one another. The results demonstrate there is an inherent denotative-connotative inconsistency in the traditional notion of public that can be explicated through the concept of a fractal allowing for comprehension of the relationship between public confidence in, and understanding of, science. (shrink)

This paper extends Fitting's epistemic interpretation of some Kleene logics, to also account for Paraconsistent Weak Kleene logic. To achieve this goal, a dualization of Fitting's "cut-down" operator is discussed, rendering a "track-down" operator later used to represent the idea that no consistent opinion can arise from a set including an inconsistent opinion. It is shown that, if some reasonable assumptions are made, the truth-functions of Paraconsistent Weak Kleene coincide with certain operations defined in this track-down fashion. Finally, further (...) reflections on conjunction and disjunction in the weak Kleene logics accompany this paper, particularly concerning their relation with containment logics. These considerations motivate a special approach to defining sound and complete Gentzen-style sequent calculi for some of their four-valued generalizations. (shrink)

When we say that we interpret customary international law, what is this thing that we actually interpret? Depending on how we answer this question, our view on interpretative methodology will change. It seems that the most promising approach is to say that interpretation of customary international law is an interpretation of certain legal practices. However, here we also encounter some problems. The dominant doctrine of customary international law requiring state practice and opinio juris assumes that only by adding (...) a psychological element to a regularity of behaviour can we speak of customary international law. That is, opinio juris performs a function of generating both legality and normativity of practices. -/- The article challenges this view by drawing on jurisprudential ideas that define practices as inherently normative. State practices are normative regardless of opinio juris, otherwise they are not practices at all. This view allows to differentiate between two instances of interpretation of customary international law. One is focused on clarification of the normative content of state practices, another is focusing on identification of these practices as legal ones. -/- Interpretation as clarification involves assessing structures of practical reasoning inherent in given practices. Drawing on Joseph Raz's theory of normativity, the article suggests that interpretation of customary rules implies establishing connections between first- and second-order reasons that form the practice and give it meaning. This entails that interpretation of customary international law focuses on dynamics of reasons, their inclusion and exclusion within an existing normative framework. That is, evolutive interpretation of customary international law is not only possible, it is inevitable. -/- Interpretation as identification does not focus on the normative content of practices, but rather involves showing that existing second-order reasons meet a threshold of legal validity. This threshold may take shape of opinio juris, but may as well be treated functionally, when legality of a practice is linked to its relevance in a broader set of legal practices. (shrink)

Scholarship on Aristotle’s theory of action has recently veered toward an intellectualist position, according to which reason is in charge of setting the goals of action. This position has recently been criticized by an anti-intellectualism revival, according to which character, and not reason, sets the goals of action. I argue that neither view can sufficiently account for the complexities of Aristotle’s theory, and suggest a middle way that combines the strengths of both while avoiding their pitfalls. The key problem for (...) intellectualism is that Aristotle explicitly states reason cannot set the goals of action. The key problem for anti-intellectualism is that he also holds that the soul’s rational part must guide and prescribe over the non-rational part. I propose indirect intellectualism, a promising middle path. (shrink)

A science of metaphysics adhering to Immanuel Kant's critical demands as set forth in his "Critique of Pure Reason", and "Prolegomena to Any Future Metaphysic...." The work includes an Appendix that quotes Kant's most relevant remarks in this regard, along with his criterion for objective validity that, given the technical jargon, can be next to impossible to interpret even for those most familiar with Kant. The Appendix allows Kant to interpret himself, the point being that many secondary works enter into (...) conflict with Kant. This can be seen most notably with respect to the somewhat understandable notion that Kant was opposed to speculative metaphysics; but Kant's criterion for objective validity undermines this closed-to-speculative-metaphysics interpretation. As a science in the Kantian sense this work (in this latest edition there is a 2/3 page abstract diagram of the science that makes it more conceptually clear) offers an opportunity for those inclinec to shy away from speculative metaphysics to reexamine their interpretations, for as yet there is just as Kant states, no such thing as metaphysics, aside from such a science (Hegel notwithstanding). The objectives are as Kant mentions in the introduction to his CPR: God, Freedom, and Immortality; and that these problems can be dealt with rationally can be seen in this work; and without fear of violating Kant's reasonable and justifiable strictures, the main one being that where anything offered in the name of pure reason is concerned, it must be such that it helps us to make sense of our phenomenal world. And as to Kant's prerequisite test: "How are synthetic cognitions, a priori possible?" I refer only to my essay "Beyond Kant and Hegel (In Answer to the Question ...)" ... in "The Review of Metaphysics", March 2013. The premise advanced in the essay may be seen to be fully apparent in this science of metaphysics. (shrink)

In a beautiful recent essay, the philosopher Walter Sinnott-Armstrong explains the reasons for his departure from evangelical Christianity, the religious culture in which he was brought up. Sinnot-Armstrong contrasts the interpretive methods used by good philosophers and fundamentalist believers: Good philosophers face objections and uncertainties. They follow where arguments lead, even when their conclusions are surprising and disturbing. Intellectual honesty is also required of scholars who interpret philosophical texts. If I had distorted Kant’s view to make him reach a conclusion (...) that I preferred, then my philosophy professor would have failed me. The contrast with religious reasoning is stark. My Christian friends seemed happy to hide serious problems in the Bible and in their arguments. They preferred comfort to intellectual honesty. I couldn’t. To what extent can we, historians of philosophy, claim the virtue of intellectual honesty? Speaking frankly, I do not find the practice criticized by Sinnot-Armstrong’s philosophy professor rare or unusual at all. We very frequently distort the views of past philosophers in order to reach the conclusions we prefer. We just call it “Charitable Interpretation.” In this essay, I discuss and criticize the logic behind so-called charitable interpretations in the history of philosophy. This phenomenon is ubiquitous and is not at all restricted to a particular philosophical strand or ideology. Analytic philosophers and post-modernists, Marxists, liberals, secularists, and fundamentalists, we all engage in the very same domestication project. Even more disturbing than the sheer ideological pervasiveness of this phenomenon is the fact that, on many occasions, superb philosophers and historians take part in this fairly childish endeavor. In the first part of this essay, I discuss the general logic of charitable interpretations in the history of philosophy, mostly by addressing discussions in metaphysics and epistemology. In the second part, I focus on the somewhat less noticed use of charitable interpretations in the study of political philosophy, and point out the quintessential role ideology plays in these discussions. In both parts, I concentrate mostly on the interpretation of Spinoza’s thought. I do so not because I have special fondness for Spinoza (“guilty as charged,” I admit), but because Spinoza is such a beast (and may I add, an enchanting beast) and attracts a disproportionate share of the domestication efforts from historians and philosophers of all creeds and persuasions. In the third and final part of the paper, I will begin to outline an alternative methodology, which suggests that past philosophers can be most relevant to our current philosophical discussion, to the extent that they provide us with well-motivated challenges to our common-sense beliefs. Such challenges have the invaluable virtue of being able to undermine our most fundamental and secure beliefs, and force us to engage with the most fundamental questions. What more can we expect from good philosophy? (shrink)

In this review I consider Gorman's arguments for redescrbiing the history of ethics, from Plato to Isaiah Berlin, as the history of theories of human rights, and for the conclusions that human rights are dependent, that they change over time, and that they may conflict with each other. I disagree with his interpretations of Plato, Hobbes, and Kant, as well as the idea that their moral theories can be converted into theories of human rights without loss, and I argue that (...) his various conclusions about human rights depend upon assumptions - such as that ethics is essentially concerned with motivation, that human nature is changing to the extent that human reason is changing, and that moral reality is inconsistent – that many would reject. Along the way I point out various blunders, such as the claim that that the Hobbesian social contract is a "covenant with the sovereign", and the claim that, according to Kant, "If I act wrongly... I may be acceptably treated as a means.". (shrink)

Berkeley’s likeness principle is the claim that “an idea can be like nothing but an idea”. The likeness principle is intended to undermine representationalism: the view (that Berkeley attributes to thinkers like Descartes and Locke) that all human knowledge is mediated by ideas in the mind which represent material objects. Yet, Berkeley appears to leave the likeness principle unargued for. This has led to several attempts to explain why Berkeley accepts it. In contrast to ‘metaphysical’ and ‘epistemological’ interpretations available in (...) the literature, in this paper I defend a ‘conceptual’ interpretation. I argue that Berkeley accepts the likeness principle on the basis of (i) his commitment to the transparency of ideas, and (ii) his account of resemblance which he sets out in his works on vision. Thus, I provide an explanation for Berkeley’s reasons for accepting the likeness principle which, appropriately, focuses on his views concerning ideas and likeness. (shrink)

Many philosophers accept a response constraint on normative reasons: that p is a reason for you to φ only if you are able to φ for the reason that p. This constraint offers a natural way to cash out the familiar and intuitive thought that reasons must be able to guide us, and has been put to work as a premise in a range of influential arguments in ethics and epistemology. However, the constraint requires interpretation and faces putative counter-examples (...) due to Julia Markovits, Mark Schroeder, and others. This paper develops and motivates an interpretation of the response constraint that avoids the putative counter-examples. (shrink)

In this paper, I defend an account of how perceptual experience can bear rational relation to our empirical thought. In the first part, I elaborate two claims that are central for the justificational role of perceptual experience, namely, the claim that perception and belief share the same kind of content, and the claim that perception is independent from belief. At first sight, these claims seem not to be compatible, since the first one seems to require the truth of content conceptualism, (...) while the second one seems to require its falsity. In the second part, based on Alva Noë's actionist theory of perception, I argue in favor of a less intellectualist interpretation of the first claim, uncommitted to content conceptualism, and then I show how it can be reconciled with the second claim. Finally, I explain how perception holds rational relationships with our empirical thought through the exercise of observational concepts. These concepts link what I propose to call 'space of actions' to the logical space of reasons. (shrink)

This research employs the Bayesian network modeling approach, and the Markov chain Monte Carlo technique, to learn about the role of lies and violence in teachings of major religions, using a unique dataset extracted from long-standing Vietnamese folktales. The results indicate that, although lying and violent acts augur negative consequences for those who commit them, their associations with core religious values diverge in the final outcome for the folktale characters. Lying that serves a religious mission of either Confucianism or Taoism (...) (but not Buddhism) brings a positive outcome to a character (βT_and_Lie_O= 2.23; βC_and_Lie_O= 1.47; βT_and_Lie_O= 2.23). A violent act committed to serving Buddhist missions results in a happy ending for the committer (βB_and_Viol_O= 2.55). What is highlighted here is a glaring double standard in the interpretation and practice of the three teachings: the very virtuous outcomes being preached, whether that be compassion and meditation in Buddhism, societal order in Confucianism, or natural harmony in Taoism, appear to accommodate two universal vices—violence in Buddhism and lying in the latter two. These findings contribute to a host of studies aimed at making sense of contradictory human behaviors, adding the role of religious teachings in addition to cognition in belief maintenance and motivated reasoning in discounting counterargument. (shrink)

The precarious rights of senior citizens, especially those who are highly educated and who are expected to counsel and guide the younger generations, has stimulated the creation internationally of advocacy associations and opinion leader groups. The strength of these groups, however, varies from country to country. In some countries, they are supported and are the focus of intense interest; in others, they are practically ignored. For this is reason we believe that the creation of a network of all these associations (...) is essential. The proposed network would act as a support for the already-existing policies of the United Nations’ High Commission for Human Rights, of independent experts, and of the Global Alliance for the Rights of Older People. All three have long ago recommended the creation of a recognized instrument for uniting presently scattered efforts. The proposed network, therefore, will seek to promote the international exchange of relevant expertise, and it will reinforce the commitments and actions that single countries are currently taking to meet these objectives. For example, informative public events can be organised to promote particular support initiatives and to provide an opportunity for new members of the network to be presented. The network will promote health for senior citizens, disease prevention, senior mobility, safe free time for seniors, alimentary education, protection against new risks and dangers, as well as equity in the services necessary for seniors to adopt new information and communication technologies. In the case of retired academic members, the network will promote equality with respect to continuing use of digital technologies (particularly email), continuing access to research libraries, and the guaranteed ability for seniors to fund their own research programs and to deliver free seminars. (shrink)

Translating risk estimates derived from epidemiologic study into evidence of causality for a particular patient is problematic. The difficulty of this process is not unique to the medical context; rather, courts are also challenged with the task of using risk estimates to infer evidence of cause in particular cases. Thus, an examination of how this is done in a legal context might provide insight into when and how it is appropriate to use risk information as evidence of cause in a (...) medical context. A careful study of the case of Goodman v. Viljoen, a medical malpractice suit litigated in the Ontario Superior Court of Justice in 2011, reveals different approaches to how risk information is used as or might be considered a substitute for evidence of causation, and the pitfalls associated with these approaches. Achieving statistical thresholds, specifically minimizing the probability of falsely rejecting the null hypothesis, and exceeding a relative risk of 2, plays a significant role in establishing causality of the particular in the legal setting. However, providing a reasonable explanation or establishing “biological plausibility” of the causal association also seems important, and (to some) may even take precedent over statistical thresholds for a given context. (shrink)

Statutory interpretation involves the reconstruction of the meaning of a legal statement when it cannot be considered as accepted or granted. This phenomenon needs to be considered not only from the legal and linguistic perspective, but also from the argumentative one - which focuses on the strategies for defending a controversial or doubtful viewpoint. This book draws upon linguistics, legal theory, computing, and dialectics to present an argumentation-based approach to statutory interpretation. By translating and summarizing the existing legal (...) interpretative canons into eleven patterns of natural arguments - called argumentation schemes - the authors offer a system of argumentation strategies for developing, defending, assessing, and attacking an interpretation. Illustrated through major cases from both common and civil law, this methodology is summarized in diagrams and maps for application to computer sciences. These visuals help make the structures, strategies, and vulnerabilities of legal reasoning accessible to both legal professionals and laypeople. (shrink)

Over the last two decades there has been a growing interest in the transcendental dialectic of Critique of Pure Reason in Germany. Authors, however, often do not pay enough attention to the fact that Kant’s theory of reason (in the narrow sense) and the concept of ideas derived from it is not limited to this text. The purpose of this article is to compare and analyze the functionality of mind as a subjective ability developed by Kant and Fichte with the (...) Hegelian expansion of the mind to the idea of universal rationality. The relevance of such a comparison is connected with the need to demonstrate how the Hegelian paradigm of absolute rationality causes either the subsequent rejection of reason as a philosophical principle in the 19th and´20th centuries counter-discourse, or reduction of reason to the concept of pragmatic rationality. In the first part of this paper, the author intends to differentiate between at least 7 different types of ideas and their functions in Kant’s works. In the second part, he demonstrates how Fichte tries to systematize them beginning with reason, which at first creates an idea of itself. Special attention is paid to the way that Fichte categorizes them with the help of 5 spheres of action or 5 worldviews. The third and final part of the article discusses how Hegel goes beyond the frame of the transcendental philosophy of consciousness using different demands linked to the concepts of “reason” and “ideas”. Although these requirements are not found in Kant and Fichte, they entail a set of difficulties, which the author considers in conclusion. The author’s interpretation of the theory of ideas and their functions in Kant, Fichte and Hegel demonstrates the dynamic character of the theories of reason in classical German philosophy, as well as the relevance of the 7 types of ideas that retain their significance for philosophy of the 21st century. Keywords: Kant and German idealism, types of ideas, functions of reason, worldviews, the problem of different demands. В Германии на протяжении последних двух десятилетий возрос интерес к трансцендентальной диалектике «Критики чистого разума». Однако авторы часто не обращают внимания на то, что кантовская теория разума (в узком смысле), в которой разворачивается работа с идеями, не ограничивается этим текстом. Целью данной статьи является сравнительный анализ разработанной Кантом и Фихте функциональности разума как субъективной способности с гегелевским расширением разума до идеи всеобщей разумности. Актуальность такого сравнения связана с необходимостью продемонстрировать то, каким образом гегелевская парадигма абсолютной разумности вызывает либо последующий отказ от разума как философского принципа в контрдискурсе XIX–XX вв., либо редукцию разума к понятию прагматической рациональности. В первой части данной статьи вводится различение по меньшей мере семи различных видов идей и связанных с ними функций в философии Канта. Во второй части демонстрируется попытка Фихте их систематизировать исходя из утверждения том, что разум должен сначала создать идею о самом себе. Проанализировано также предложенное Фихте распределение идей на пять сфер действенности или типов мировоззрения. В третьей, итоговой части статьи рассмотрен выход гегелевской мысли за рамки трансцендентальной философии сознания. Автор статьи связывает этот процесс с выдвижением не осуществимых в контексте философии Канта и Фихте требований к понятиям «разум» и «идея» и анализирует ряд сложностей, вызванных этими требованиями. Таким образом, интерпретация учения об идеях и их функциях у Канта, Фихте и Гегеля демонстрирует динамический характер теорий разума в классической немецкой философии и актуальность семи видов идей, которые сохраняют свое значение для философии XXI в. Ключевые слова: Кант и немецкий идеализм, виды идей, функции разума, мировоззрение, проблема различных требований. (shrink)

In this article I am interpreting Friedrich Nietzsche's piece of writing "How the "True World" finally became a fable - The History of an Error" in the context of 20th-century analytical philosophy of language. In particular, I am going to argue that the main theme in this text - the issue of abolishing "the true world" - can be interpreted as Hilary Putnam's model-theoretic arguments against external realism and Saul Kripke's Wittgensteinian arguments against truth-conditional meaning theories. Interpreting this Nietzsche's text (...) with the help of these arguments gives rise to two options determining Nietzsche's own position. The perspective of Putnam's argument seems to push Nietzsche to the quietist camp - the view that significant metaphysical debate between external realism and its opposite is impossible or inexpressible. On the other hand, the Kripkensteinian perspective gives us reasons to interpret Nietzsche as an adherer of the pragmatic account of semantics, which explains meaning through the use of language. (shrink)

In this article, Shea aims to overturn Jürgen Habermas’s characterization of Nietzsche in The Philosophical Discourse of Modernity as a postmodern irrationalist. On Habermas’s account, Nietzsche employs Wille zur Macht both as a principle by which to invalidate the claims of metaphysics and as a primordial “other” to reason that unmasks reason as an expression of domination. If Habermas’s reading is correct, Nietzsche’s work is ultimately incoherent since it either lapses back into metaphysics or puts forward a self-refuting anti-metaphysics. Contrary (...) to Habermas, Shea argues that Nietzsche’s theoretical inquiries result from a considered methodological decision on the part of Nietzsche to suspend metaphysical interpretations. For this reason, Wille zur Macht can be read as the fabrication of a post-metaphysical principle for interpreting life rather than as a purported insight into the ultimate nature of reality and thus as a genuine alternative to the trappings of both metaphysical and anti-metaphysical philosophies. (shrink)

According to Roman Ingarden, transcendental idealism prevented Kant from "even undertaking an attempt" at elucidating freedom "in terms of the causal structure of the world." I show that this claim requires qualification. In a remarkable series of Critical-period Reflexionen (5611-4, 5616-9), Kant sketches a defense of the possibility of freedom that differs radically from his published ones by incorporating an indeterministic account of the phenomena. Anticipating Łukasiewicz, he argues that universal causal determination is consistent with an open future: if an (...) action is contingent, there is an infinite regress of determining causes, yet there is a prior time at which this infinite series of causes has not yet commenced. However, he concedes that on this account the unity of experience "cannot fully obtain in the case of free beings." The fact that Kant even contemplated the indeterministic theory may carry implications for interpreting the argument of the Second Analogy. (shrink)

Coping with everyday life limits the extent of one’s scepticism. It is practically impossible to doubt the existence of the things with which one is immediately engaged and interacting. To doubt that, say, a door exists, is to step back from merely using the door (opening it) and to reflect on it in a detached, theoretical way. It is impossible to simultaneously act and live immersed in situation S while doubting that one is in S. Sceptical doubts—such as ‘Is this (...) really a door?’, ‘Am I really walking?’ — require a reflective withdrawal in thought from the situation at hand. Maintaining sceptical doubt while coping with everyday life requires a split consciousness, a bad faith, with one part of consciousness doubting the existing of things that the other part takes forgranted. For this reason, a sustained lived sceptical doubt is sometimes thought to be impossible. -/- In this article, I examine Wittgenstein's response to scepticism in "On Certainty". I argue that one of his responses is "the response based on action", which is (as other Wittgenstein interpreters have noted) a characteristically pragmatist response. I then evaluate the quality of this pragmatist response to scepticism, noting that actions just as much as representations are susceptible to mis-interpretation. It is argued that despite the insights contained in it, Wittgenstein's contextualism about meaning is inadequate to rescue the Wittgensteinian response to scepticism. (shrink)

I distinguish two theses regarding technological successors to current humans (posthumans): an anthropologically bounded posthumanism (ABP) and an anthropologically unbounded posthumanism (AUP). ABP proposes transcendental conditions on agency that can be held to constrain the scope for “weirdness” in the space of possible posthumans a priori. AUP, by contrast, leaves the nature of posthuman agency to be settled empirically (or technologically). Given AUP there are no “future proof” constraints on the strangeness of posthuman agents. -/- In Posthuman Life I defended (...) AUP via a critique of Donald Davidson’s work on intentionality and a “naturalistic deconstruction” of transcendental phenomenology (See also Roden 2013). In this paper I extend this critique to Robert Brandom’s account of the relationship between normativity and intentionality in Making It Explicit (MIE) and in other writings. -/- Brandom’s account understands intentionality in terms of the capacity to undertake and ascribe inferential normative commitments. It makes “first class agency” dependent on the ability to participate in discursive social practices. It implies that posthumans – insofar as they qualify as agents at all – would need to be social and discursive beings. -/- The problem with this approach, I will argue, is that it replicates a problem that Brandom discerns in Dennett’s intentional stance approach. It tells us nothing about the conditions under which a being qualifies as a potential interpreter and thus little about the conditions for meaning, understanding or agency. -/- I support this diagnosis by showing that Brandom cannot explain how a non-sapient community could bootstrap itself into sapience by setting up a basic deontic scorekeeping system without appealing (along with Davidson and Dennett) to the ways in which an idealized observer would interpret their activity. -/- This strongly suggests that interpretationist and pragmatist accounts cannot explain the semantic or the intentional without regressing to assumptions about ideal interpreters or background practices whose scope they are incapable of delimiting. It follows that Anthropologically Unbounded Posthumanism is not seriously challenged by the claim that agency and meaning are “constituted” by social practices. -/- AUP implies that we can infer no claims about the denizens of “Posthuman Possibility Space” a priori, by reflecting on the pragmatic transcendental conditions for semantic content. We thus have no reason to suppose that posthuman agents would have to be subjects of discourse or, indeed, members of communities. The scope for posthuman weirdness can be determined by recourse to engineering alone. (shrink)

An interpretation of Wittgenstein’s much criticized remarks on Gödel’s First Incompleteness Theorem is provided in the light of paraconsistent arithmetic: in taking Gödel’s proof as a paradoxical derivation, Wittgenstein was drawing the consequences of his deliberate rejection of the standard distinction between theory and metatheory. The reasoning behind the proof of the truth of the Gödel sentence is then performed within the formal system itself, which turns out to be inconsistent. It is shown that the features of paraconsistent (...) arithmetics match with some intuitions underlying Wittgenstein’s philosophy of mathematics, such as its strict finitism and the insistence on the decidability of any mathematical question. (shrink)

Rüdiger Bittner has recently argued against a Kantian ‘maxims account’ of reasons for action. In this paper I argue—against Bittner—that Kantian maxims are not to be understood as reasons for action, but rather as reasons for reasons. On the interpretation presented here, Kantian maxims are the reasons for an agent’s being motivated by whatever more immediate reasons actually motivate her. This understanding of Kantian maxims suggests a recognizably realist Kantian position in ethics.

In the concluding section of the Book One of the Treatise, Hume confronts radical scepticism about the standards of correct reasoning. According to the naturalistic interpretations, Hume resolves this scepticism by appealing to some psychological facts. A common criticism of this interpretation is that the alleged naturalistic epistemic norm seems to be merely Hume’s report of his psychology, and it remains unclear why this seemingly mere psychological description can provide a principled reason to overcome his scepticism. In this (...) paper, I will argue that Hume’s discussions of the ”indirect passions” and social identity provide a constitutivist ground for the naturalistic epistemic standards in the “Conclusion”: being the object of the indirect passions constitutes what kind of person one is, and being the kind of person (philosopher in Hume’s case) gives non-optional reason to pursue certain kinds of reasoning. (shrink)

The paper argues that the moral philosophy of Thomas Hobbes is unified by a complex conception of reason that imposes consistency norms of both rationality and reasonableness. Hobbes’s conceptions of rightness as reciprocity, and moral goodness as sociability belong to an original and attractive moral theory that is neither teleological nor classically deontological, nor as interpreters have variously argued, subjectivist, contractarian, egoist, or dependent on divine command.

This paper argues that Kant endorses a distinction between rational and natural sympathy, and it presents an interpretation of rational sympathy as a power of voluntarya posterioriproductive imagination. In rational sympathy we draw on the imagination’s voluntary powers (a) to subjectively unify the contents of intuition, in order to imaginatively put ourselves in others’ places, and (b) to associate imagined intuitional contents with the concepts others use to convey their feelings, in such a way that those contents prompt feelings (...) in us that are like their feelings. (shrink)

This paper explores Dilthey’s radical transformation of epistemology and the human sciences through his projects of a critique of historically embodied reason and his hermeneutics of historically mediated life. Answering criticisms that Dilthey overly depends on epistemology, I show how for Dilthey neither philosophy nor the human sciences should be reduced to their theoretical, epistemological, or cognitive dimensions. Dilthey approaches both immediate knowing (Wissen) and theoretical knowledge (Erkenntnis) in the context of a hermeneutical phenomenology of historical life. Knowing is not (...) an isolated activity but an interpretive and self-interpretive practice oriented by situated reflexive awareness (Innewerden) and self-reflection (Selbstbesinnung). As embedded in an historical relational context, knowing does not only consist of epistemic validity claims about representational contents but is fundamentally practical, involving all of human existence. Empirically informed Besinnung, with its double reference to sense as meaning and bodily awareness, orients Dilthey’s inquiry rather than the “irrationalism” of immediate intuition or the “rationalism” of abstract epistemological reasoning. (shrink)

Over the last 30 years the Indian philosopher-economist Amartya Sen has developed an original normative approach to the evaluation of individual and social well-being. The foundational concern of this ‘capability approach’ is the real freedom of individuals to achieve the kind of lives they have reason to value. This freedom is analysed in terms of an individual’s ‘capability’ to achieve combinations of such intrinsically valuable ‘beings and doings’ (‘functionings’) as being sufficiently nourished and freely expressing one’s political views. In this (...) account, ‘development’ is conceived as the expansion of individuals’ capability, and thus as a concept that goes beyond the economic growth of third world countries. My thesis is a philosophical examination of Sen’s capability approach. In the first part (chapters 1-3) I present and defend my interpretation of Sen’s work. (shrink)

The interpretation and the indirect reporting of a speaker’s communicative intentions lie at the crossroad between pragmatics, argumentation theory, and forensic linguistics. Since the leading case Masson v. New Yorker Magazine, Inc., in the United States the legal problem of determining the truth of a quotation is essentially equated with the correctness of its indirect reporting, i.e. the representation of the speaker’s intentions. For this reason, indirect reports are treated as interpretations of what the speaker intends to communicate. Theoretical (...) considerations, aimed at establishing the pragmatic meaning of an utterance and differentiating between presumptive and non-presumptive interpretation, are thus interwoven with the practical legal need of distinguishing a correct indirect report from an indirect one or a misquotation. An incorrect report or a misquotation has the dialectical effect of attributing to the misquoted party commitments that he never held, which the latter needs to rebut. This shifting of the burden of persuasion can be increased by using strategically the conflict between the presumptive interpretation of an utterance and the non-presumptive one, i.e. the different types of pragmatic ambiguity. When an interpreter is confronted with an utterance taken out of its dialogical context, his interpretative process is not guided by the actual context or intention, but rather the most frequent or prototypical dialogical setting or the most typical individual purpose that it could have served to achieve. This presumptive reconstruction can be used to provide a prima facie case that the other party needs to reject. The stronger the interpretative presumptions a speaker needs to rebut, the more effective the misquotation strategy. The conflict between the systematic and the presumptive process of interpretation can be represented as an argumentative mechanism of reconstruction of the individual intention, which allows one to assess the reasonableness of the interpretative reasoning. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Epistemic Leaks and Epistemic Meltdowns: A Response to William Morris on Scepticism with Regard to Reason Mikael M. Karlsson I. In an excellent paper which appeared in the April, 1989 issue of this journal,2 William Morris attemptsto demonstrate thatthe arguments which make up Hume's notorious chapter, "Of scepticism with regard to reason, are, in the first place, coherent—both internally and with the overall strategy of the Treatise—and, in the (...) second place, successful. Morris' paper is an exercise in the noble art of what I style constructive exegesis, an enterprise to which many readers of Hume Studies, and myself as much as any, are committed. It is a guiding principle ofthis art that we donotunderstandaphilosophical textuntil we can interpret it in such a way as to render it both coherent and correct. From this point ofview, coherence and correctness are not as independent of one another as they may seem to be to others who are differently committed. Some texts, such as Hume's chapter, "Ofscepticism with regard to reason," are notoriously resistant to constructive exegesis, despite the formidable bag of tricks which scholars and interpreters have developed; so resistant, that in gloomier moments we may be brought to wonder about our interpretative enterprise itself. Constructive exegesis is indeed a strange, and peculiarly optimistic, enterprise. Someday, I imagine, in a leisurely moment, I will think more reflectively about the principles ofour art. But not now.6 As a fellow practitioner of constructive exegesis, I am in full sympathy with what Morris tries to do in his paper; and I think that he does contribute substantially to our understanding of what Hume is up to in the chapter, "Ofscepticism with regard to reason." The third section of Morris' paper is, in my judgement, particularly successful in showing how Hume's chapter fits into the larger framework of the Treatise: Hume is, we see, attacking both what Morris labels "intellectualist rationalism" and its counterpart, which we may call 'unmitigated scepticism', although the chapter's two main arguments go primarily to the former. I also think that Morris gives very helpful, Volume XVI Number 2 121 MIKAEL M. KARLSSON and to my mind accurate, accounts of these two arguments, which I dub, respectively, the epistemic leak argument, and the epistemic meltdown argument. However, I have personally never found either of these arguments remotely convincing; and I still do not, despite Morris' clarification and defense. In what follows, I shall indicate some ofthe reasons for my dissatisfaction.?. Theepistemicleakargumentpurportsto"prove"(in Hume's sense)that reason or demonstration cannot support knowledge. Morris rightlyreminds us that whatHume meansby knowledge is perfect assurance or conviction: Knowledge is, in short, subjective certainty. This has caused confusion, for this is not what we usually mean nowadays by knowledge; nor was it what people, philosophers included, generally meant prior to Descartes. In Hume itis the product ofthe attempttoresolve all epistemic statesintomental eventsorwhat he calls "perceptions." In any case, we must—as Morris rightly explains—be clear that the epistemic leak argument is aimed at showing that demonstration cannot supportperfect conviction. Inoutline, the argumentissimple: Itworks, asMorrismakes clear, by shifting attention away from the subject-matter or "objects" of demonstration, that is, relations of ideas, to the exercise of demonstrative reason by human agents. The necessity of relations of ideas may suggest to us that we can be certain about them. Against this, one may point out that people do err in the conclusions arrived at by demonstration; this presumably shows that our (rational) understandingis fallible. And once we recognize this, our confidence in any conclusion produced by exercising this facultyislessened—thus do we move from knowledge, or subjective certainty, toprobability: belief, or imperfect conviction. Arguments ofthis general type (we can call them, using Descartes' famous figure, Totten-apple arguments ) were around long before Hume, although they were more commonly directed against the senses than against reason. We find them in antiquity—in Plato and Sextus Empiricus, for instance —and in Descartes, in parallel passages in the Discourse on Method, the First Meditation and the Principles of Philosophy, wherein one can discern a version directed precisely against reason and demonstration.12 To find out what, if anything, Hume has... (shrink)

This chapter proposes a dialectical approach to legal interpretation, consisting of three dimensions: a formalization of the canons of interpretation in terms of argumentation schemes; a dialectical classification of interpretive schemes; and a logical and computational model for comparing the arguments pro and contra an interpretation. The traditional interpretive maxims or canons used in both common and civil law are translated into defeasible patterns of arguments, which can be evaluated through sets of corresponding critical questions. These interpretive (...) argumentation schemes are classified in general categories and a distinction is drawn between schemes supporting and rebutting an interpretation. This framework allows conceiving statutory interpretation as a dialectical procedure consisting in weighing arguments pro and contra an interpretation. This procedure is formalized and represented computationally through tools from formal argumentation systems. (shrink)

This paper proposes an argumentation-based procedure for legal interpretation, by reinterpreting the traditional canons of textual interpretation in terms of argumentation schemes, which are then classified, formalized, and represented through argument visualization and evaluation tools. The problem of statutory interpretation is framed as one of weighing contested interpretations as pro and con arguments. The paper builds an interpretation procedure by formulating a set of argumentation schemes that can be used to comparatively evaluate the types of arguments (...) used in cases of contested statutory interpretation in law. A simplified version of the Carneades Argumentation System is applied in a case analysis showing how the procedure works. A logical model for statutory interpretation is finally presented, covering pro-tanto and all-things-considered interpretive conclusions. (shrink)

The role of reason, and its embodiment in philosophical-scientific theorizing, is always a troubling one for religious traditions. The deep emotional needs that religion strives to satisfy seem ever linked to an attitudes of acceptance, belief, or trust, yet, in its theoretical employment, reason functions as a critic as much as it does a creator, and in the special fields of metaphysics and epistemology its critical arrows are sometimes aimed at long-standing cherished beliefs. Understandably, the mere approach to these beliefs (...) through organized philosophical activity, however well-intended, is viewed with suspicion by ecclesiastical authorities and the devout. The attitude towards philosophical inquiry on the part of the Islamic religious community might be thought to typify this reaction. As one of the great prophetic religions, the self-avowed image of Islam is of a tradition which already possesses the truth as set forth in the divine revelation of the Qur'an. What need is there for philosophizing on fundamental matters, e.g., the ultimate nature of reality, the foundations of morality, the modes whereby the divine is connected with the temporal? The structure of creation is already made clear, the "straight path" for living already manifest. how can philosophical activity be anything but a source of divisive controversy, for as it turns its gaze to the foundations upon which the Shari`a' (Islamic Law) rests, or to the grounds for religious belief itself, it cannot avoid turning up alternative viewpoints, different perspectives on divine revelation, noting various weaknesses in received 1 interpretations? In short, isn't the practice of philosophy a threat to Islam's promise of providing a comprehensive way of living devoid of skepticism and uncertainty about the place of a human in God's creation and his or her role in the 'umma (Islamic community)? This problem is not unique to Islam, nor is it a new one within Islam. We know that it has been debated by Islamic thinkers since the translations of the Greek philosophers began to appear in an organized Islamic world during the 8th Century A.. (shrink)

The aim of this paper is to bring an end to the interpretative dispute on Descartes’s cog­ito: is the cogito known by intuition or by inference? There have been several studies based on both analytical and historical approaches to the dispute, and it seems that we have exhausted all interpretations. Nevertheless, I wish to revisit this dispute, as it ap­pears that the previous studies have overlooked Descartes’s use of words and phrases, which is the most significant for understanding his various (...) discourses on the cogito con­sistently. In this paper, I focus on the terms which Descartes uses to indicate the varied status of the cogito, such as ‘haec cognitio, ego cogito, ergo sum’, ‘hanc propositionem, ego cogito, ergo sum’, ‘hanc conclusionem: cogito, ergo sum’, and so on; Descartes changes carefully the terms in each of the cogito arguments. By focusing on these terms, I try to interpret Descartes’s explanations consistently. (shrink)

Genevieve Lloyd’s Spinoza is quite a different thinker from the arch rationalist caricature of some undergraduate philosophy courses devoted to “The Continental Rationalists”. Lloyd’s Spinoza does not see reason as a complete source of knowledge, nor is deductive rational thought productive of the highest grade of knowledge. Instead, that honour goes to a third kind of knowledge—intuitive knowledge (scientia intuitiva), which provides an immediate, non-discursive knowledge of its singular object. To the embarrassment of some hard-nosed philosophers, intellectual intuition has an (...) affective component; it is a form of love, and ultimately given that human beings are finite modes of God/Nature (Deus sive Natura), it is a form of the intellectual love of God (amor Dei intellectualis). Some philosophers do not know what to make of this mysterious aspect of Spinoza’s philosophy, which is nonetheless firmly anchored in a reading of Part V of the Ethics. Nonetheless, this note will insist with Lloyd’s “Reconsidering Spinoza’s Rationalism” that such doctrine is an integral part of Spinoza’s philosophy. Moreover, it will be shown that Spinoza is well aware of the limitations of reason (ratio) in gaining scientific knowledge of the world and requires intuition precisely because of the inability of reason to represent individuals in their full particularity. Imagination too has a role to play in shaping scientific knowledge, although reason performs a vital critical role in disciplining and liberating the human mind from inadequate imaginary ideas. The result is an interpretation of Spinoza’s epistemology as both rationalist and intuitionist. DOI: 10.1080/24740500.2021.1962652. (shrink)