Just as AI has moved away from classical AI, human-computer interaction (HCI) must move away from what I call ‘good old fashioned HCI’ to ‘new HCI’ – it must become a part of cognitive systems research where HCI is one case of the interaction of intelligent agents (we now know that interaction is essential for intelligent agents anyway). For such interaction, we cannot just ‘analyze the data’, but we must assume intentions in the other, and I suggest these are (...) largely recognized through resistance to carrying out one’s own intentions. This does not require fully cognitive agents but can start at a very basic level. New HCI integrates into cognitive systems research and designs intentional systems that provide resistance to the human agent. (shrink)

In two experiments (N=888), we explore to what extent the folk concept of art is compatible with the leading philosophical definitions of art, and whether it is an essentialist or a non-essentialist concept. We manipulate three factors: whether an object is created intentionally, whether it has aesthetic value, and whether it is institutionally recognized. In addition, we also manipulate the artistic domain (visual art or music). The results suggest that none of the three properties is seen by the folk as (...) necessary for an object to be considered art, which suggests that the folk concept of art might be a cluster concept. (shrink)

Intentionalism is a research program that seeks to explain facts about meaning and communication in psychological terms, with our capacity for intention recognition playing a starring role. My aim here is to recommend a methodological reorientation in this program. Instead of a focus on intuitive counterexamples to proposals about necessary-and-sufficient conditions, we should aim to investigate the psychological mechanisms whose activities and interactions explain our capacity to communicate. Taking this methodologi- cal reorientation to heart, I sketch a theory of (...) the cognitive architecture underlying language use that I have defended elsewhere. I then show how this theory can be used to give an account of non-communicative language use—a phenomenon that has long posed a challenge to intentionalism. (shrink)

This chapter introduces a novel account of fake news and explains how it differs from other definitions on the market. The account locates the fakeness of an alleged news report in two main aspects related to its production, namely that its creators do not think to have sufficient evidence in favor of what they divulge and they fail to display the appropriate attitude towards the truth of the information they share. A key feature of our analysis is that it does (...) not require that fake news must be circulated with the intention to deceive one’s audience. In this way, our account overcomes a potential limitation of the current philosophical discussion about fake news, which appears to individuate the main problem with this phenomenon in the fact that fake news consumers are misled and misinformed. In contrast, the proposed analysis shows that an additional (and perhaps equally fundamental) problem uncovered by the spread of fake news is a widespread pathological relationship with information, one on which we consume information not to satisfy our interest in the truth but to strengthen our social identities and quench our hunger for social recognition. (shrink)

Conditions for recognition of religion or belief (RoRB) continued to deteriorate around the world from June 2021 to June 2022. Authoritarian regimes bent on controlling religious activity maintained a foothold in Africa, Asia and parts of Central and South America. The liberties enshrined in the European Convention on Human Rights are at serious threat by the Russian Federation's invasion of Ukraine. While in Afghanistan, the Taliban's reclamation of power after twenty years of being kept at bay likely signals a (...) new generation of Afghan boys and girls who will not see their fundamental human rights upheld by the very institutions that are supposed to protect them.​ -/- The Religious Recognition Project considers the topic of how countries register religious groups and activities is one of the foremost issues in the modern world when it comes to respecting and protecting freedom of religion or belief (FoRB). The majority of countries and territories (58% or 137 out of 235 studied) either continue to make government registration mandatory for religious groups or provide no registration procedures at all. -/- An even greater majority of countries have established onerous registration procedures, the consequences of which, whether by intention or not, include the disenfranchisement of belief communities, the deregistration or denial of registered status for minority or "untraditional" religious groups, and the state's maintenance of control over the religious and philosophical lives of citizens. In essence, issues of registration remain a harbinger of worse violations of FoRB to come so if a focus is placed on dismantling these misused recognition and registration systems, it is possible that we could see a brighter future for FoRB conditions in countries worst effected by this issue. (shrink)

This paper examines the evolution of Edmund Husserl’s theory of perceptual occlusion. This task is accomplished in two stages. First, I elucidate Husserl’s conclusion, from his 1901 Logical Investigations, that the occluded parts of perceptual objects are intended by partial signitive acts. I focus on two doctrines of that account. I examine Husserl’s insight that signitive intentions are composed of Gehalt and I discuss his conclusion that signitive intentions sit on the continuum of fullness. Second, the paper discloses (...) how Husserl transforms his 1901 philosophy in his 1913 revisions to the Sixth Logical Investigation, affirming that the occluded parts of perceptual objects are intended by empty contiguity acts. I demonstrate how he overturns the two core doctrines of his theory from the Investigations in these revisions, claiming that empty intentions are not composed of Gehalt and asserting that those acts break with the continuum of fullness. Husserl implements these changes to solve problems that arise from his recognition of two new kinds of intentions; darker and completely dark acts. Finally, in the conclusion, I cash out this analysis, by indicating that, in 1913, Husserl transforms his theory of fulfillment on the basis of his new insights about empty acts. (shrink)

This paper explores the significance of intelligent social behavior among non-human animals for philosophical theories of communication. Using the alarm call system of vervet monkeys as a case study, I argue that interpersonal communication (or what I call “minded communication”) can and does take place in the absence of the production and recognition of communicative intentions. More generally, I argue that evolutionary theory provides good reasons for maintaining that minded communication is both temporally and explanatorily prior to the (...) use of communicative intentions. After developing these negative points about the place of communicative intentions in detail, I provide a novel alternative account according to which minded communication is characterized in terms of patterns of action and response that function to coordinate the representational mental states of agents. I show that an account which centers on patterns of representational coordination of this sort is well suited to capture the theoretical roles associated with minded communication and that it does so in a way that provides a good fit with comparative facts about the presence of minded communication among non-human animals. (shrink)

Mutually adaptive interaction involves the robot as a partner as opposed to a tool, and requires that the robot is susceptible to similar environmental cues and behavior patterns as humans are. Recognition, or the acknowledgement of the other as individual, is fundamental to mutually adaptive interaction between humans. We discuss what recognition involves and its behavioral manifestations, and describe the benefits of implementing it in HRI.

Self-recognition is an intimate act performed by people. Inspired by Paul Ricoeur, we reflect upon the action of self-recognition, especially when data visualization represents the observer itself. Along the article, the reader is invited to think about this specific relationship through concepts like the personal identity stored in information systems, the truthfulness at the core of self-recognition, and the mutual-recognition among community members. In the context of highly interdisciplinary research, we unveil two protagonists in data visualization: (...) the designer and the observer - the designer as the creator and the observer as the viewer of a visualization. This article deals with some theoretical aspects behind data visualization, a discipline more complex than normally expected. We believe that data visualization deserves a conceptual framework, and this investigation pursues this intention. For this reason, we look at the designer as not just a technician in the visualization production, but as a contemporary ethnologist - the designer as a professional working in a social environment to comprehend the context and formulate a specific inquiry with the help of appropriate visual languages. (shrink)

PLEASE NOTE: This is the corrected 2nd eBook edition, 2021. ●●●●● _Critique of Impure Reason_ has now also been published in a printed edition. To reduce the otherwise high price of this scholarly, technical book of nearly 900 pages and make it more widely available beyond university libraries to individual readers, the non-profit publisher and the author have agreed to issue the printed edition at cost. ●●●●● The printed edition was released on September 1, 2021 and is now available through (...) all booksellers, including Barnes & Noble, Amazon, and brick-and-mortar bookstores under ISBN 978-0-578-88646-6. ●●●●● In light of the length of this book, readers who would like to have a more detailed description of the book's objectives and method may find it helpful to read the detailed and clearly written Wikipedia entry about this work: From the Wikipedia search page, use the search phrase "Critique of Impure Reason". At least at the time of this writing (11/29/2021), the Wikipedia entry is well-researched and accurate. ●●●●● In addition, a "Primer on Bartlett's CRITIQUE OF IMPURE REASON" has been made available by the author. It is available under its title through PhilPapers and other philosophy online archives. ●●●●● COMMENDATIONS OF THIS WORK, from the back cover of the published edition: ●●●●● “I admire its range of philosophical vision.” – Nicholas Rescher, Distinguished University Professor of Philosophy, University of Pittsburgh, author of more than 100 books. ●●●●● “Bartlett’s _Critique of Impure Reason_ is an impressive, bold, and ambitious work. Careful scholarship is balanced by original analyses that lead the reader to recognize the limits of meaning, knowledge, and conceptual possibility. The work addresses a host of traditional philosophical problems, among them the nature of space, time, causality, consciousness, the self, other minds, ontology, free will and determinism, and others. The book culminates in a fascinating and profound new understanding of relativity physics and quantum theory.” – Gerhard Preyer, Professor of Philosophy, Goethe-University, Frankfurt am Main, Germany, author of many books including _Concepts of Meaning_, _Beyond Semantics and Pragmatics_, _Intention and Practical Thought_, and _Contextualism in Philosophy_. ●●●●● “[This work’s] goal is of a unique and difficult species: Dr. Bartlett seeks to develop a formal logical calculus on the basis of transcendental philosophical arguments; in fact, he hopes that this calculus will be the formal expression of the transcendental foundation of knowledge.... I consider Dr. Bartlett’s work soundly conceived and executed with great skill.” – C. F. von Weizsäcker, philosopher and physicist, former Director, Max-Planck-Institute, Starnberg, Germany. ●●●●● “Bartlett has written an American “Prolegomena to All Future Metaphysics.” He aims rigorously to eliminate meaningless assertions, reach bedrock, and place philosophy on a firm foundation that will enable it, like science and mathematics, to produce lasting results that generations to come can build on. This is a great book, the fruit of a lifetime of research and reflection, and it deserves serious attention.” — Martin X. Moleski, former Professor, Canisius College, Buffalo, NY, studies of scientific method, the presuppositions of thought, and the self-referential nature of epistemology. ●●●●● “Bartlett has written a book on what might be called the underpinnings of philosophy. It has fascinating depth and breadth, and is all the more striking due to its unifying perspective based on the concepts of reference and self-reference.” – Don Perlis, Professor of Computer Science, University of Maryland, author of numerous publications on self-adjusting autonomous systems and philosophical issues concerning self-reference, mind, and consciousness. ●●●●● ●●●●● The _Critique of Impure Reason: Horizons of Possibility and Meaning_ comprises a major and important contribution to philosophy. Thanks to the generosity of its publisher, this massive 885-page volume has been published as a free open access eBook (3.75MB) as well as an open access printed edition. It inaugurates a revolutionary paradigm shift in philosophical thought by providing compelling and long-sought-for solutions to a wide range of philosophical problems. In the process, the work fundamentally transforms the way in which the concepts of reference, meaning, and possibility are understood. The book includes a Foreword by the celebrated German philosopher and physicist Carl Friedrich von Weizsäcker. ●●●●● In Kant’s _Critique of Pure Reason_ we find an analysis of the preconditions of experience and of knowledge. In contrast, but yet in parallel, the new _Critique_ focuses upon the ways—unfortunately very widespread and often unselfconsciously habitual—in which many of the concepts that we employ _conflict_ with the very preconditions of meaning and of knowledge. ●●●●● This is a book about the boundaries of frameworks and about the unrecognized conceptual confusions in which we become entangled when we attempt to transgress beyond the limits of the possible and meaningful. We tend either not to recognize or not to accept that we all-too-often attempt to trespass beyond the boundaries of the frameworks that make knowledge possible and the world meaningful. ●●●●● The _Critique of Impure Reason_ proposes a bold, ground-breaking, and startling thesis: that a great many of the major philosophical problems of the past can be solved through the recognition of a viciously deceptive form of thinking to which philosophers as well as non-philosophers commonly fall victim. For the first time, the book advances and justifies the criticism that a substantial number of the questions that have occupied philosophers fall into the category of “impure reason,” violating the very conditions of their possible meaningfulness. ●●●●● The purpose of the study is twofold: first, to enable us to recognize the boundaries of what is referentially forbidden—the limits beyond which reference becomes meaningless—and second, to avoid falling victims to a certain broad class of conceptual confusions that lie at the heart of many major philosophical problems. As a consequence, the boundaries of _possible meaning_ are determined. ●●●●● Bartlett, the author or editor of more than 20 books, is responsible for identifying this widespread and delusion-inducing variety of error, _metalogical projection_. It is a previously unrecognized and insidious form of erroneous thinking that undermines its own possibility of meaning. It comes about as a result of the pervasive human compulsion to seek to transcend the limits of possible reference and meaning. ●●●●● Based on original research and rigorous analysis combined with extensive scholarship, the _Critique of Impure Reason_ develops a self-validating method that makes it possible to recognize, correct, and eliminate this major and pervasive form of fallacious thinking. In so doing, the book provides at last provable and constructive solutions to a wide range of major philosophical problems. ●●●●● CONTENTS AT A GLANCE ▪▪▪▪▪ Preface ▪▪▪▪▪ Foreword by Carl Friedrich von Weizsäcker ▪▪▪▪▪ Acknowledgments ▪▪▪▪▪ Avant-propos: A philosopher’s rallying call ▪▪▪▪▪ Introduction ▪▪▪▪▪ A note to the reader ▪▪▪▪▪ A note on conventions ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART I ▪▪▪▪▪ ▪▪▪▪▪ WHY PHILOSOPHY HAS MADE NO PROGRESS AND HOW IT CAN ▪▪▪▪▪ 1 Philosophical-psychological prelude ▪▪▪▪▪ 2 Putting belief in its place: Its psychology and a needed polemic ▪▪▪▪▪ 3 Turning away from the linguistic turn: From theory of reference to metalogic of reference ▪▪▪▪▪ 4 The stepladder to maximum theoretical generality ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART II ▪▪▪▪▪ THE METALOGIC OF REFERENCE ▪▪▪▪▪ A New Approach to Deductive, Transcendental Philosophy ▪▪▪▪▪ 5 Reference, identity, and identification ▪▪▪▪▪ 6 Self-referential argument and the metalogic of reference ▪▪▪▪▪ 7 Possibility theory ▪▪▪▪▪ 8 Presupposition logic, reference, and identification ▪▪▪▪▪ 9 Transcendental argumentation and the metalogic of reference ▪▪▪▪▪ 10 Framework relativity ▪▪▪▪▪ 11 The metalogic of meaning ▪▪▪▪▪ 12 The problem of putative meaning and the logic of meaninglessness ▪▪▪▪▪ 13 Projection ▪▪▪▪▪ 14 Horizons ▪▪▪▪▪ 15 De-projection ▪▪▪▪▪ 16 Self-validation ▪▪▪▪▪ 17 Rationality: Rules of admissibility ▪▪▪▪▪ ▪▪▪▪▪ ▪▪▪▪▪ PART III ▪▪▪▪▪ PHILOSOPHICAL APPLICATIONS OF THE METALOGIC OF REFERENCE ▪▪▪▪▪ Major Problems and Questions of Philosophy and the Philosophy of Science ▪▪▪▪▪ 18 Ontology and the metalogic of reference ▪▪▪▪▪ 19 Discovery or invention in general problem-solving, mathematics, and physics ▪▪▪▪▪ 20 The conceptually unreachable: “The far side” ▪▪▪▪▪ 21 The projections of the external world, things-in-themselves, other minds, realism, and idealism ▪▪▪▪▪ 22 The projections of time, space, and space-time ▪▪▪▪▪ 23 The projections of causality, determinism, and free will ▪▪▪▪▪ 24 Projections of the self and of solipsism ▪▪▪▪▪ 25 Non-relational, agentless reference and referential fields ▪▪▪▪▪ 26 Relativity physics as seen through the lens of the metalogic of reference ▪▪▪▪▪ 27 Quantum theory as seen through the lens of the metalogic of reference ▪▪▪▪▪ 28 Epistemological lessons learned from and applicable to relativity physics and quantum theory ▪▪▪▪▪ ▪▪▪▪▪ PART IV ▪▪▪▪▪ HORIZONS ▪▪▪▪▪ 29 Beyond belief ▪▪▪▪▪ 30 _Critique of Impure Reason_: Its results in retrospect ▪▪▪▪▪ ▪▪▪▪▪ SUPPLEMENT ▪▪▪▪▪ The Formal Structure of the Metalogic of Reference ▪▪▪▪▪ APPENDIX I ▪▪▪▪▪ The Concept of Horizon in the Work of Other Philosophers ▪▪▪▪▪ APPENDIX II ▪▪▪▪▪ Epistemological Intelligence ▪▪▪▪▪ References ▪▪▪▪▪ Index ▪▪▪▪▪ About the author. 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Just as humans can draw conclusions responsibly or irresponsibly, so too can computers. Machine learning systems that have been trained on data sets that include irresponsible judgments are likely to yield irresponsible predictions as outputs. In this paper I focus on a particular kind of inference a computer system might make: identification of the intentions with which a person acted on the basis of photographic evidence. Such inferences are liable to be morally objectionable, because of a way in which (...) they are presumptuous. After elaborating this moral concern, I explore the possibility that carefully procuring the training data for image recognition systems could ensure that the systems avoid the problem. The lesson of this paper extends beyond just the particular case of image recognition systems and the challenge of responsibly identifying a person’s intentions. Reflection on this particular case demonstrates the importance (as well as the difficulty) of evaluating machine learning systems and their training data from the standpoint of moral considerations that are not encompassed by ordinary assessments of predictive accuracy. (shrink)

Those in the Gricean tradition take it that successful human communication features an audience who not only arrives at the intended content of the signal, but also recognizes the speaker’s intention that they do so. Some in this tradition have also argued that there are yet further conditions on communicative success, which rule out the possibility of communicating by luck. Supposing that both intention-recognition and some sort of anti-luck condition are correctly included in an analysis of human communication, this (...) article asks what the value of events satisfying these conditions is. I present a puzzle concerning the value of intention-recognition which is analogous to the Meno Problem in epistemology, but ultimately argue that this puzzle is solveable: the signaling-relevant value of intention recognition can be vindicated. However, I argue that the version of this puzzle that concerns the further proposed luck-proofing conditions on communication can not be answered. I argue therefore that communication, as analyzed by many, is no more valuable qua signal than a proper subset of its conditions. Human communication is thennot a uniquely valuable signaling event. (shrink)

Uptake is typically understood as the hearer’s recognition of the speaker’s communicative intention. According to one theory of uptake, the hearer’s role is merely as a ratifier. The speaker, by expressing a particular communicative intention, predetermines what kind of illocutionary act she might perform. Her hearer can then render this act a success or a failure. Thus the hearer has no power over which act could be performed, but she does have some power over whether it is performed. Call (...) this the ratification theory of uptake. Several philosophers have recently endorsed an alternative theory of uptake, according to which the hearer can determine the nature of the act the speaker performs. According to this theory, if the hearer regards an utterance as illocutionary act y, then it is act y, even if the speaker intended to perform act x. Call this the constitution theory of uptake. The purported advantage of this theory is that it identifies a common but underanalysed way in which speakers can be silenced. I argue that despite its initial intuitive pull, the constitution theory of uptake should be rejected. It is incompatible with ordinary intuitions about speech, it entails a conceptual impossibility, and it has unsavoury political implications, entailing that marginalised speakers barely qualify as agents. (shrink)

A notable feature of our moral and legal practices is the recognition of privileges, powers, and entitlements belonging to a select group of individuals in virtue of their status as victims of wrongful conduct. A philosophical literature on relational normativity purports to account for this status in terms of such notions as interests, rights, and attitudes of disregard. This paper argues that such individualistic notions cannot account for prevailing and intuitive ways of demarcating the class of victims. The focus (...) of the discussion is the wrongful infliction of harm, and the mediating role played by impersonal “danger-making properties” in the determination of the class of victims. Beginning with a treatment of one of the most well-known discussions of negligently-inflicted harm — from the most famous case of the American common law tradition, Palsgraf v. Long Island Railroad Co. — the analysis is then extended to the morality of harm-doing more broadly, negligent and intentional alike. The paper’s chief targets are interest theories of rights — including contractualist theories of moral claim-rights of the kind defended by R. Jay Wallace — and neo-Strawsonian Quality of Will theories of “moral injury”. (shrink)

The primary focus of this project is the silent and subvocal speech-recognition interface unveiled in 2018 as an ambulatory device wearable on the neck that detects a myoelectrical signature by electrodes worn on the surface of the face, throat, and neck. These emerge from an alleged “intending to speak” by the wearer silently-saying-something-to-oneself. This inner voice is believed to occur while one reads in silence or mentally talks to oneself. The artifice does not require spoken sounds, opening the mouth, (...) or any explicit or external movement of the lips. The essay then considers such subvocal “speech” as a mode of writing or saying and the interior of the mouth or oral cavity as its writing surface. It briefly revisits discussions of telepathy to recontextualize Heidegger’s warning against enframing language exclusively within calculative technics and physiology, which he suggests is detrimental to Mundarten (mouth-modes of regional dialects). It closes in reconsideration of Husserl’s phenomenology of language and meaning in Ideas as it might apply to subvocal speech-recognition interfaces. It suggests ways by which the electrophysiology that the device detects and deciphers (as an alleged intention of a presumed natural language unspoken vocally or aloud) might supplement Husserl’s insinuation of the Leiblichkeit of language through a self-stamping extraction of an extension of meaning. (shrink)

We develop a reading of Moore’s “Proof of an External World” that emphasizes the connections between this paper and Moore’s earlier concerns and strategies. Our reading has the benefit of explaining why the claims that Moore advances in “Proof of an External World” would have been of interest to him, and avoids attributing to him arguments that are either trivial or wildly unsuccessful. Part of the evidence for our view comes from unpublished drafts which, we believe, contain important clues concerning (...) Moore’s aims and intent. While our approach to PEW may be classified alongside other broadly "metaphysical" readings, we believe that a proper recognition of the continuity in Moore’s philosophical concerns and strategies across his philosophical career shows that the customary distinction between "epistemological" and "metaphysical" interpretative approaches to PEW is at best superficial. (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)

What is the folk concept of art? Does it track any of the major definitions of art philosophers have proposed? In two preregistered experiments (N=888) focusing on two types of artworks (paintings and musical works), we manipulate three potential features of artworks: intentional creation, the possession of aesthetic value, and institutional recognition. This allows us to investigate whether the folk concept of art fits an essentialist definition drawing on one or more of the manipulated factors, or whether it might (...) be a disjunctive or cluster concept. The results suggest that none of the three manipulated properties are necessary for an object to be art, though some, even by themselves, suffice. The folk concept of art might thus well be a cluster concept instead of an essentialist concept. (shrink)

In this paper we will explore how the action of signs underlying all human experience precludes the possibility that we are being systematically deceived in our perception of reality. The simulation hypothesis, as well as similarly motivated skeptical scenarios, such as the brain-in-a-vat hypothesis and Descartes’ evil demon thought experiment, wrongly presuppose a modern, dualistic theory of knowledge, as well as a neuroreductionist model of sensation. However, we will see how the action of signs in human cognition presupposes the existence (...) of a relational mode of being, namely, esse intentionale (“intentional being”), which is immaterial and incapable of subjection to technological manipulation. Furthermore, sensation, the origin of all human knowledge, and ens primum cognitum (“being as first known”), the condition of all human knowledge, both defy materialistic explanations. The doctrine of signs, as masterfully articulated by John Poinsot (John of St. Thomas), recognizes the triadic nature of relations underlying the full range of human experience. A proper understanding of the relationship between mind and world, as well as a recognition of the mistaken presuppositions underlying much of modern philosophy, will help to disillusion those who are convinced by the simulation hypothesis and other similarly motivated skeptical scenarios. (shrink)

I argue that we find the articulation of a problem concerning bodily agency in the early works of the Merleau-Ponty which he explicates as analogous to what he explicitly calls the problem of perception. The problem of perception is the problem of seeing how we can have the object given in person through it perspectival appearances. The problem concerning bodily agency is the problem of seeing how our bodily movements can be the direct manifestation of a person’s intentions in (...) the world. In both cases what, according to Merleau-Ponty, obscures a recognition of the phenomenon in question is a conception of our bodily capacities, i.e. our sensibility and our motility, which reduces these to the workings of mechanisms that are blind to meaning. I argue that both the problem concerning perception and the problem concerning bodily agency can be properly called transcendental. The problem of perception is transcendental because it concerns the very intelligibility of appearances and judgements with empirical content. The problem of bodily agency is transcendental in the sense that it concerns the very intelligibility of our bodily capacity to carry out intentions and by implication the intelligibility of our intentions as such. (shrink)

The principal finding of the doctoral research of Cometan (a.k.a. Brandon Reece Taylorian) was that the ways governments, both authoritarian and democratic, use their powers to recognise religions and beliefs and register religious or belief organisations is negatively impacting conditions of freedom of religion or belief. Cometan explored the range of recognition and registration issues plaguing religious freedom and other human rights and discovered that there lacks a definitive set of international standards to address some of the granular topics (...) that are causing registration procedures in particular to become onerous and thus impedimental to the free and legal exercise of religion or belief. Cometan's International Religious Rights and Standards (IRRS) document presents a series of standards for how nation states ought to develop their recognition and registration policies and practices to remain FoRB-compliant. The standards of the IRRS document have been created based on the results of Cometan's PhD research, the thesis for which is titled Religious Freedom and State Recognition of Belief. Cometan's intention is that the IRRS document will encourage international organisations like the OSCE and the United Nations as well as national and international human rights courts such as the ECtHR to establish more detailed and country-specific guidelines to address the breath of registration issues and the recognition issues that often worsen such issues. (shrink)

Van Gordon et al. outline the classification of their Ontological Addiction Theory (OAT), including its aetiology and treatment. In this review article I will from an appreciative perspective question some of its fundamental assumptions by presenting an alternative view on the ontology of ‘the person’, as distinct from its presently assumed conventional conflation with a contracted separate egoic self. I will propose this view as structurally and ethically significant for the ‘embodied’ experience of a reconstructed “dynamic and non-dual self”, as (...) cultivated in their treatment. Rather than this reconstructed self simply being socially desirable for functional purposes, I will underscore the meaning-generative case for ontological status, in the absence of which, a pervasive ‘sense of lack’ is evident, with all attendant individual, psychological, social, ecological and ethical implications. This article brings a developmental psychology perspective to bear in appreciating ‘personhood’ as an emergent, progressively realised and is thus similarly aligned with the intent of OAT in overcoming egoic addictive suffering. This mapping of the territory however populates a blind spot in OAT’s diagnosis by affirming unique personhood, a quality of ‘integrative presence’, meaningfully understood as a psycho-spiritual ontological reality. It offers, as with OAT’s stated intent, the merit of avoiding attendant mental health and developmental pitfalls, which can beset what we may discern as an implicit transcendental reductionist assumption operative in OAT, where ‘the many’ are reduced to ‘the One’ and there are, it is assumed, no real many. This framing is resonant with the lived experience of healthy ‘individuation’, a process distinct from the problematic phenomenon of ‘individualism’, evidenced by the empirical data on post-conventional human development, which potentially provides diagnostic markers for any optimal treatment discernment. It is also attuned to what many recognise as a contemporary Fourth Turning in Buddhism, in its conscious evolutionary recognition of the emergence in non-dual states of a ‘unique personal perspective’, and/or a relative individuation within the whole. This differentiation has formerly been interpreted through an ‘impersonal’ lens as an egoic holdover, and potentially inhibits ethical action in the world, as distinct from the ethical import and potential fruits stemming from the ontological affirmation of the person. Keywords: ego; unique personhood; ontology; epistemology; contemplative traditions; Western Enlightenment; developmental psychology; transcendental reductionism; Fourth Turning in Buddhism. (shrink)

David Hull accounts for the success of science in terms of an invisible hand mechanism, arguing that it is difficult to reconcile scientists' self-interestedness or their desire for recognition with traditional philosophical explanations for the success of science. I argue that we have less reason to invoke an invisible hand mechanism to explain the success of science than Hull implies, and that many of the practices and institutions constitutive of science are intentionally designed by scientists with an eye to (...) realizing the very goals that Hull believes need to be explained by reference to an invisible hand mechanism. Thus, I reduce the scope of Hull's invisible hand explanation and supplement it by appealing to a hidden hand explanation. (shrink)

The paper aims to give an account of practical knowledge by outlining a hylomorphic and conceptualist account of intentional action in analogy to McDowell's conceptualist account of experience. On this view, practical concepts provide the ideal or formal structure that unifies a manifold of bodily movements into a single intentional action, and hence intentional actions are structured conceptually. -/- - §1 sets out the basic features of this view in contrast to a common dualistic or two-component view of practical knowledge, (...) as an "inner" mental state with propositional content that functions as the efficient cause of some bodily movement in the "external" world, and introduces the claim that practical knowledge is the constitutive form of intentional action. - §2 illustrates the hylomorphic unity of concept and movement in action, and thus (contra Dreyfus) the corporeality of practical reason, by means of an account of practical concept formation, on which both the formation and tradition of practical concepts take place in bodily movement iself. - §3 elucidates the concept of a self-conscious disposition or rational capacity for action, actualizations of which are characterized by a syllogistic structure that accounts for both the explanation and the justification of action and thereby renders intelligible in what sense practical judgment is internal to acting itself. - Skillful exercises of such capacities express a knowledge-how that manifests itself in practical representations. §4 characterizes representations of this kind as a perceptually situated recognition of a practical pattern that amounts to the imaginative anticipation of a movement form by which the agent determines their next steps; a practical perception of the agent's particular situation that is both normative and motivational for them. - §5 starts by developing an identity theory of practical truth, on which the conceptual content of a (true) practical judgment is numerically identical with the formal structure of a (good) action, and concludes with explaining the unity of four features commonly attributed to practical knowledge, viz. that it is at the same time descriptive, normative, causally productive, and non-observational (or self-conscious). (shrink)

ABSTRACTHegel's Phenomenology of Spirit provides a fascinating picture of individual minds caught up in “recognitive” relations so as to constitute a realm—“spirit”—which, while necessarily embedded in nature, is not reducible to it. In this essay I suggest a contemporary path for developing Hegel's suggestive ideas in a way that broadly conforms to the demands of his own system, such that one moves from logic to a philosophy of mind. Hence I draw on Hegel's “subjective logic”, understood in the light of (...) modern modal logic, in an attempt to model the way minds might be thought as connected by way of shared intentional contents. Here, we should not be surprised at some of the parallels that emerge between the approaches of Hegel and the modal logician Arthur Prior, as Prior had testified to the influence of his teacher, John N. Findlay, who himself had strong Hegelian leanings. In the final section, Robert Stalnaker's version of possible-world semantics is suggested as a framework within which Hegel's recognitive account of the mind might be understood. (shrink)

Feminist art epistemologies (FAEs) greatly aid the understanding of feminist art, particularly when they serve to illuminate the hidden meanings of an artist's intent. The success of parodic imagery produced by feminist artists (feminist visual parodies, FVPs) necessarily depends upon a viewer's recognition of the original work of art created by a male artist and the realization of the parodist's intent to ridicule and satirize. As Brand shows in this essay, such recognition and realization constitute the knowledge of (...) a well-(in)formed FAE. Without it, misinterpretation is possible and viewers fail to experience and enjoy a full and rewarding encounter with a provocative and subversive work of art. (shrink)

This study focuses on the engagement of children and youth in their communities and the ways they are included in and excluded from community life. Using a content analysis of a small town United States newspaper over a one-year period, examples of engagement were identified and classified into 12 categories: programs, clubs and special events; fundraising and community ser- vice; business and community support; participation in community events; school events; athle- tic and other performances; employment; involvement in local planning and (...) decision making; serving as a community representative; visibility and recognition; criminal activity and accidents; and use of public space. Examples of community exclusion were identified as well. Young peo- ple were engaged primarily through activities that were adult-directed or supervised, or organi- zed through schools, churches, and youth clubs. There was little involvement in local planning, decision making, or activism. Some evidence existed of peer teaching, leadership, and self-initia- ted activities, as well as intentional efforts by adults to give youth a greater voice in community activities. Implications include several ethical issues regarding the role of young people in com- munity life, particularly young children, and the need for greater awareness on the part of com- munities of the contributions young people can make. (shrink)

This essay explores the possibility that religiously motivated intolerance and conflict can be reframed and positively utilized for constructive social-political purposes. After reviewing efforts by political philosophers over the past two decades to accommodate religious voices in political discourse, I scrutinize Charles Taylor’s attempt to improve upon the limits of “accommodationist” approaches to religious intolerance and conflict. I argue that both accommodationist and Taylor’s recognition-based approaches to religiously motivated conflict take the gravity of such conflict with insufficient seriousness. I (...) then explore the potential goods of intentional conflict by examining Chantal Mouffe’s account of agonistic pluralism as a proposal for thinking beyond tolerance as an orienting value for resolving intransigent conflict. While I argue that Mouffe’s account finally suffers from certain of the same misgivings as the accommodationist and recognition-based approaches, I conclude that agonistic pluralism’s aim to conceptually reframe (rather than eliminate) intolerance and conflict moves in an important and promising direction. (shrink)

Abstract A Note to Cogito Les Jones Blackburn College Previous submissions include -Intention, interpretation and literary theory, a first lookWittgenstein and St Augustine A DiscussionAreas of Interest – History of Western Philosophy, Miscellaneous Philosophy, European A Note on Cogito Descartes' brilliance in driving out doubt, and proving the existence of himself as a thinking entity, is well documented. Sartre's critique (or maybe extension) is both apposite and grounded and takes these enquiries on to another level. Let's take a look. 'I (...) think' somehow, for all its power, lacks something. What? Consider what one does when thinking (difficult, but we can try). Implicit in the word 'think', in fact the very essence of the word 'think', is that activity is going on, and if such activity is going on then it must be going on about something, an object, an emotion, a problem,or maybe some dreamlike state, but common to all these is that something is going on. Is that really so? Well, if that wasn't so we would be able to think in a pure state, wouldn't we? But what does a pure state of 'thinking' mean? It can't mean that there isnothing there, because if there were nothing there then no thinking would be taking place. Can it mean that we are thinking of nothing? Well no, because if we are thinking of nothing then we are thinking of something, we are contemplating the notion, or the nature, of nothing. In fact, one can argue that if we talk of something, inthis case nothing or nothingness, then in our head we have some notion of what that is, i.e. something exists in the mind for it to come out of our mouths. Thinking is a recognition of something outside the individual, for the very act of direction, which isan indispensable part of thinking, recognises, must recognise, that there are things to address outside the individual. Something else to bear in mind. According to Sartre human beings are condemned to freedom. Why condemned? Human beings did not choose to be born, but the act ofbeing born also imparts the freedom of which Sartre speaks. Freedom is something which we parrot off as being a sine qua non for the human condition. I believe that's true, but freedom in this sense isn't without its consequences for the individual humanbeing, for individual human beings handle freedom differently. To some it enables them to fly, to others it imparts immense pressures, anguish, heartbreak, unhappiness can all be associated with such freedom. Each individual is responsible for his destiny, for his direction. If someone says that God impelled him, that individual chose his or her God, and chose to obey his or her God. This believer has to sift through the multitude of things that his or her God desire of him or her. All this is fine, so long as we acknowledge what is going on here. Belief in God is, by definition, a belief. Belief, following Wittgenstein, is a language game with its rules and its boundaries. The essential feature of religion as language game are its boundaries, which can be summed up in the word belief. OK, belief has its practises which are its constituent parts, but belief is the boundary between religion and other language games, as the proof constituents are different. Our world is determined by the language used to describe everything that goes on within it. The boundaries of our world are set by the language we use. This might be better put as language gives access to ever expending boundaries. Ever expanding boundaries are only possible by ever expanding thought, and ever expanding thought is only possible by ever expanding directions to our thought brought about through language. It is a fact taken that to be conscious is to think. How could this be otherwise? Consciousness without thought just does not make sense. Imagine a state of consciousness without directional thought. What would it be like? It would be something never experienced, completely out of our understanding. Why? Because understanding itself is a directional thought process. If we say we are going outside our understanding then that is a world of void, and a world of void does not exist. Can such a world be contemplated in our thinking? Well, yes, but then it requires thinking, and thinking requires direction, and such direction requires language. Why does direction require language? Because there is no other way for human beings to articulate a directional thought. Could one point at an image without language? Well, one could have an image in mind, but the essence of saying something about it, of descriptive power, brings us back to the essence, to the power of language to direct. So what of this language of which we speak? Wittgenstein's private language argument points us towards the notion that language itself constantly develops and redevelops through human interaction. Descarte's cogito implies that thinking rules out doubt of one's own existence. But such thinking, to be valid, to make sense, to direct, must develop in a language that has developed, has been verified, by a plurality, by a plurality whose essence is social. Correct use of language symbols, i.e. words, requires that we verify and reverify the accuracy of such symbols. How do we do that? We do that in constant usage, in constant interaction, with other human beings. An individual using a private language could not be understood by others, his symbol system has not been verified by others, his meanings may not be your meanings. It follows from what we have said above that language is constructed, and is continually constructed, in a social context. Given our previous thoughts regarding verification this could not be otherwise. Language has a normative form. All language users are required, by their very use of the language, to verify the use of terms, grammar etc etc. As Wittgenstein cites (appropriately) games as a model, let us take a look. If I play e.g. Ludo, I am governed by the rules. It is not just that I may play dishonestly, for if I were to play at all that very dishonesty, to count as Ludo, would have to be rule governed. The rules of Ludo are Ludo, they are the essence and the constitution of it. Wittgenstein, particularly in his later writings, interweaves many concepts, and connects them in different and sometimes rather elusive ways. Wittgenstein sees concepts like emotions, sentiments and experiences in these interweaving maps. Of course these can be regarded as psychological concepts ** Language can be considered in another but related way, as embodying the elements of a cultural heritage. Language was seen as embodying the notion of higher culture in the arts, architecture etc. Over recent decades this has tended to shift to consider less tangible benefits, such things as oral traditions, cultural values and cultural identity. So language enables us to explore, through the achievements of past generations, cultural mores that may have laid unchallenged for many years. Many of these values and mores may be seen as independent of the language by which they are transmitted, but still this monumental accomplishment of mankind i.e. language, enables man to explore, to modify, to codify, to extend the boundaries of human experience. There are therefore massive implications for our Note on Cogito of Wittgenstein's work. Following Wittgenstein emotions and other psychological concepts can be termed depth grammar, and are distinguished by the fact that the third person of the present is recognised by observation, the first person is not. Taking Wittgenstein's well known pain example the sentence 'He is in pain' is a third person statement of an observational nature. The sentence 'I am in pain' is not derived from observation but from experience, it is an expression of that experience, it's essence is the experience. The asymmetry consists in the fact that predicting psychological attributes of others is warranted by what they do and say. By contrast, the use of such statements in the first person present tense does not rest on one's observation of one's own behaviour. (Hacker 2010:287) p 9 According to Wittgenstein 'I am in pain' is more like a cry of pain, an expression of pain, than a report of some pain. Of course this appertains for other similar statements. 'I feel good' etc. (shrink)

Events are center stage in several fields of psychological research. There is a long tradition in the study of event perception, event recognition, event memory, event conceptualization and segmentation. There are studies devoted to the description of events in language and to their representation in the brain. There are also metapsychological studies aimed at assessing the nature of mental events or the grounding of intentional action. Outside psychology, the notion of an event plays a prominent role in various areas (...) of philosophy as well as in such diverse disciplines as linguistics, probability theory, artifical intelligence, physics, and�of course� history. This plethora of concerns and applications is indicative of the prima facie centrality of the notion of an event in our conceptual scheme, but it also gives rise to some important methodological questions. Can we identify a core notion that is preserved across disciplines? Does this notion, or some such notion, correspond to the pre-theoretical conception countenanced by common sense? Does it correspond to a genuine metaphysical category? (shrink)

Recognition of Religion or Belief presents a global overview of the systems, laws and mechanisms states have established to recognise religions and beliefs and to legally register their affiliated organisations. Recognition of Religion or Belief is the first book of its kind to dedicate its contents to the recognition and registration issues, especially how they intersect with religious freedom conditions around the world. The book provides an analysis of the most up-to-date data on the recognition systems (...) and registration procedures of every country and territory on the planet using terminology derived from Cometan's doctoral research forming his upcoming thesis titled Religious Freedom & State Recognition of Belief to which Recognition of Religion or Belief acts as both a compliment and precursor. (shrink)

The objective of this article is to see whether desire for recognition might contain an emancipatory aspect. Could this desire be a political ally? The argumentative strategy is to fully acknowledge the oppressive mechanisms at work before trying to find a way to other outcomes, including emancipation, with which desire for recognition has been associated in the tradition from Hegel. Through a re-interpretation of the master-and-slave dialectic, supplemented by sociological research on status expectations, I suggest a way out (...) of the vicious circle, where desire produced by power finds satisfaction through a preexisting other, resulting in an endless dynamic of compulsive conformity and regressive assertion of status. The hold of this dynamic must not be underestimated, yet, as I argue, both desire and what satisfies desire are liable to change, through struggle. The transformation of the generalized other, which provides recognition, is seen to be a crucial feature of all collective struggle. The very source of recognition is transformed, behind the backs of the actors, in turn affecting their desire. This can but must not lead to the emancipatory outcomes which are traditionally tied to recognition in the Hegelian tradition. (shrink)

Whether nature is valuable on its own (intrinsic values) or because of the benefits it provides to humans (instrumental values) has been a long-standing debate. The concept of relational values has been proposed as a solution to this supposed dichotomy, but the empirical validation of its intuitiveness remains limited. We experimentally assessed whether intrinsic/relational values of sentient beings/non-sentient beings/ecosystems better explain people’s sense of moral duty towards global nature conservation for the future. Participants from a representative sample of the population (...) of Singapore (n = 1508) were randomly allocated to two “the last human” scenarios. We found that the best predictor of such a sense of moral duty for future nature conservation is the recognition of the intrinsic values of sentient beings. Our results suggest that the concern for animal welfare may enhance rather than compete with the sense of moral duty towards nature conservation. (shrink)

Franz Brentano’s attempt to distinguish mental from physical phenomena by employing the scholastic concept of intentional inexistence is often cited as reintroducing the concept of intentionality into mainstream philosophical discussion. But Brentano’s own claims about intentional inexistence are much misunderstood. In the second half of the 20th century, analytical philosophers in particular have misread Brentano’s views in misleading ways.1 It is important to correct these misunderstandings if we are to come to a proper assessment of Brentano’s worth as a philosopher (...) and his position in the history of philosophy. Good corrections have been made in the recent analytic literature by David Bell (1990), Dermot Moran (1996), and Barry Smith (1994) among others. But there is also another, more purely philosophical lesson to be learned from the proper understanding of Brentano’s views on this matter. This is that Brentano’s struggles with the concept of intentionality reveal a fundamental division between different ways of thinking about intentionality, an division which Brentano himself does not make fully clear. Making the nature of this division explicit is the aim of this paper. (shrink)

This paper explores what happens when artists fail to execute their goals. I argue that taxonomies of failure in general, and of failed-art in particular, should focus on the attempts which generate the failed-entity, and that to do this they must be sensitive to an attempt’s orientation. This account of failed-attempts delivers three important new insights into artistic practice: there can be no accidental art, only deliberate and incidental art; art’s intention-dependence entails the possibility of performative failure, but not of (...) failed-art; and art’s intention-dependence is perfectly compatible with the role that luck plays in artistic creation. (shrink)

This paper provides a comprehensive review of the experimental philosophy of action, focusing on the various different accounts of the Knobe Effect.

This paper develops a question-sensitive theory of intention. We show that this theory explains some puzzling closure properties of intention. In particular, it can be used to explain why one is rationally required to intend the means to one’s ends, even though one is not rationally required to intend all the foreseen consequences of one’s intended actions. It also explains why rational intention is not always closed under logical implication, and why one can only intend outcomes that one believes to (...) be under one’s control. (shrink)

Philosophers debate whether all, some or none of the represcntational content of our sensory experience is conccptual, but the technical term "concept" has different uses. It is commonly linked more or less closely with the notions of judgdment and reasoning, but that leaves open the possibility that these terms share a systematic ambiguity or indeterminacy. Donald Davidson, however, holds an unequivocal and consistent, if paradoxical view that there are strictly speaking no psychological states with representational or intentional content except the (...) propositional attitudes of language users, since thc source or fundamental bearer of intentionality is the employed sentence. Accordingly he claims that what has content in ordinary sense experience is not sensation, but propositional belief caused, but not justified, by sensation. John McDowell, sharing some ofDavidson's premises,holds a less paradoxical, but (l will argue) equivocal and incoherent view that post-infantile human sensory expcrience must have content in so far as it is what grounds perceptual belief but that this content is itself conceptual or propositional, dependent on language and culture. Reasons are givcn in the present article for rejecting both views, and their common premises. It is argued that perceptual or sensory states have intentional content which is no more conceptual or propositional than the world is. Recognition that perceptual content and conceptual content are, in a certain unsurprising way incommensurable allows for a more realistic understanding of the relationship between Language and the world as we experience it. (shrink)

Philosophical orthodoxy has it that intentional action consists in one’s intention appropriately causing a motion of one’s body, placing the latter as (conceptually and/or metaphysically) prior to the former. Here I argue that this standard schema should be reversed: acting intentionally is at least conceptually prior to intending. The argument is modelled on a Williamsonian argument for the priority of knowledge developed by Jenifer Nagel. She argues that children acquire the concept KNOWS before they acquire BELIEVES, building on this alleged (...) developmental priority of knowledge to establish its conceptual priority. I start by taking a closer look at Nagel’s argument, canvassing extant objections to do both with the empirical adequacy of her claims and their philosophical implications. Doing so allows me in the second part of the paper to draw lessons that inform the construction of a revamped parallel argument for the priority of ACTS INTENTIONALLY. (shrink)

Perry Hendricks’ ‘impairment argument’, which he has defended in this journal, is intended to demonstrate that the generally conceded wrongness of giving a fetus fetal alcohol syndrome (FAS) shows that abortion must also be immoral, even if we allow that the fetus is not a rights-bearing moral person. The argument fails because the harm of causing FAS is extrinsic but Hendricks needs it to be intrinsic for it to show anything about abortion. Either the subject of the wrong of causing (...) FAS is a person who does not exist in the case of abortion or the wrong is negligible. (shrink)

This article focuses on the epistemic transition to testimonial justice. It argues that the recognition of testimonial injustice in the context of reproductive rights may play a central role in this transition. First, I show how testimonial injustice undermines women’s legal protection against sexual violence and rights triggered by it such as the right to abortion. Second, I argue that the epistemic transition initiated by the #MeToo and #YoSiTeCreo movements call for transitional justice. In support, I review the circumstances (...) of transitional justice for cases like the transition to testimonial justice. Finally, I focus on the area of reproductive rights. I argue that policies of recognition contribute to epistemic transitional justice and complement other strategies aimed to overcome testimonial injustice such as the virtue of the responsible hearer and institutional compensatory virtues. (shrink)

While much has been written about the functional profile of intentions, and about their normative or rational status, comparatively little has been said about the subjective authority of intention. What is it about intending that explains the ‘hold’ that an intention has on an agent—a hold that is palpable from her first-person perspective? I argue that several prima facie appealing explanations are not promising. Instead, I maintain that the subjective authority of intention can be explained in terms of the (...) inner structure of intention. In adopting an intention the agent comes to see herself as criticizable depending on whether she executes the intention. This allows us to explain in first-personal terms why the agent becomes disposed to act and deliberate in ways that are characteristic of intention. As intention-formation involves profound changes to reflexive evaluative attitudes, this is the ‘Self-Evaluation’ view of the subjective authority of intention. (shrink)

An explanation of the seeing of depth both in reality and in pictures requires a dual content theory of visual recognition. In addition, there are two necessary conditions on genuine seeing of depth-related content. First, the right kinds of dependence relations must hold between a physical picture, its content and its perceiver, and second, the perceiver must be in an appropriate, functionally defined perceptual state.

“Violence” and “nonviolence” are, increasingly, misleading translations for the Sanskrit words hiṃsā and ahiṃsā—used by Gandhi as the basis for his philosophy of satyāgraha. I argue for rereading hiṃsā as “maleficence” and ahiṃsā as “beneficence.” These two more mind-referring English words capture the primacy of intention implied by Gandhi’s core principles. Reflecting a political turn in moral accountability detectable through linguistic data, both the scope and the usage of the word “violence” have expanded dramatically, making it harder to convincingly characterize (...) people and actions as “nonviolent.” New terminology could clarify the distinction between hiṃsā and ahiṃsā, and, thereby, prevent misunderstandings of Gandhi. Training in beneficence would reflect Gandhi’s psychological path to reducing avoidable harm: ego-detachment, universal love, and seeking truth by experiment. -/- NOTE: An extended, unpublished version, with additional arguments and evidence, is also available on PhilPapers as "The Primacy of Intention and the Duty to Truth: A Gandhi-Inspired Argument for Retranslating Hiṃsā and Ahiṃsā, with Connections to History, Ethics, and Civil Resistance". (shrink)

The words "violence" and "nonviolence" are increasingly misleading translations for the Sanskrit words hiṃsā and ahiṃsā -- which were used by Gandhi as the basis for his philosophy of satyāgraha. I argue for re-reading hiṃsā as “maleficence” and ahiṃsā as “beneficence.” These two more mind-referring English words – associated with religiously contextualized discourse of the past -- capture the primacy of intention implied by Gandhi’s core principles, better than “violence” and “nonviolence” do. Reflecting a political turn in moral accountability detectable (...) through linguistic data, both the scope and the usage of the word “violence” have expanded dramatically. The expanded scope of “violence” reflects greater consciousness of the various forms that serious harm can take, but also makes it harder to convincingly characterize people and actions as “nonviolent.” New translations could clarify the distinction between hiṃsā and ahiṃsā, and thereby prevent some misunderstandings of Gandhi. Training in beneficence would reflect Gandhi’s psychological path to reducing avoidable harm: detachment from the ego, learning to love universally, and seeking truth by experiment. (shrink)

Individuals tend to judge bad side effects as more intentional than good side effects (the Knobe or side- effect effect). Here, we assessed how widespread these findings are by testing eleven adult cohorts of eight highly contrasted cultures on their attributions of intentional action as well as ratings of blame and praise. We found limited generalizability of the original side-effect effect, and even a reversal of the effect in two rural, traditional cultures (Samoa and Vanuatu) where participants were more likely (...) to judge the good side effect as intentional. Three follow-up experiments indicate that this reversal of the side-effect effect is not due to semantics and may be linked to the perception of the status of the protagonist. These results highlight the importance of factoring cultural context in our understanding of moral cognition. (shrink)

Cognitive scientists have been debating how the folk concept of intentional action works. We suggest a simple account: people consider that an agent did X intentionally to the extent that X was causally dependent on how much the agent wanted X to happen (or not to happen). Combined with recent models of human causal cognition, this definition provides a good account of the way people use the concept of intentional action, and offers natural explanations for puzzling phenomena such as the (...) side-effect effect. We provide empirical support for our theory, in studies where we show that people’s causation and intentionality judgments track each other closely, in everyday situations as well as in scenarios with unusual causal structures. Study 5 additionally shows that the effect of norm violations on intentionality judgments depends on the causal structure of the situation, in a way uniquely predicted by our theory. Taken together, these results suggest that the folk concept of intentional action has been difficult to define because it is made of cognitive building blocks, such as our intuitive concept of causation, whose logic cognitive scientists are just starting to understand. (shrink)

Planning organizes our actions and conditions our effective-ness. To understand this philosophical hint better, the author investigates and juxtaposes two important accounts in action theory. He discusses the concept of a plan proposed by Tadeusz Kotarbiński in his praxiology (theory of efcient action), and the so called “planning theory of intention” by Michael E. Bratman. The conceptual meeting of these two proposals helps to remove aws in Kotarbiński’s action theory, it also shows the way, in which we can enrich the (...) idea of plans in the frame-work of intentions. Generally, praxiology occurs to be still an important perspective in action theory, which particularly shows how we can improve our understanding of planning when confronted with infuentialcontemporary accounts. (shrink)

This essay argues for a 'relationist' treatment of intentional identity sentences like (1) "Hob believes that a witch blighted Bob's mare and Nob believes that she killed Cob's sow" (Geach 1967). According to relationism, facts of the form "a believes that p and b believes that q" are not in general reducible to facts of the form "c believes that r". We first argue that extant, non-relationist treatments of intentional identity are unsatisfactory, and then go on to motivate and explore (...) a relationist alternative in some detail. We show that the general thesis of relationism can be directly motivated via cases already discussed in the literature, and then develop a particular version of relationism couched in the possible worlds framework. The resulting theory avoids the problems facing its non-relationist rivals, and yields a natural account of the truth-conditions of (1), truth-conditions which can be generated in a compositional manner by a version of dynamic semantics. The theory also helps us to cleanly separate semantic questions about intentional identity from metasemantic ones. (shrink)