The purpose of this paper is to examine the separability of law and morality within an analytic jurisprudential framework. The paper is comprised of four parts. First, the separability thesis will be discussed and defined. Second, Hart’s legal positivist account of law will be presented, which defends the separability thesis. Third, two objections from a natural law perspective (classical and contemporary) will be proposed against the legal positivist position, thereby rejecting the separability thesis. Each objection will be (...) accompanied by a possible Hartian reply. Finally, I will offer a novel analysis of the arguments as well as state why I find the Hartian approach preferable to the natural law theorist’s in regard to the separability thesis. (shrink)

Legal positivism's ``separation thesis'' is usually taken in one of two ways: as an analytic claim about the nature of law – roughly, as some version of the Social Thesis; or as a substantive claim about the moral value of law – roughly, as some version of the Value Thesis. In this paper I argue that we should recognize a third kind of positivist separation thesis, one which complements, but is distinct from, positivism's analytic (...) and moral claims. The Neutrality Thesis says that the correct analytic claim about the nature of law does not by itself entail any substantive claims about the moral value of law. I give careful formulations of these three separation theses, explain the relationships between them, and sketch the role that each plays in the positivist approach to law. (shrink)

Nearly thirty years ago, Robert Alexy in his book The Concept and Validity of Law as well as in other early articles raised non-positivistic arguments in the Continental European tradition against legal positivism in general, which was assumed to be held by, among others, John Austin, Hans Kelsen and H.L.A. Hart. The core thesis of legal positivism that was being discussed among contemporary German jurists, just as with their Anglo- American counterparts, is the claim that there is no necessary (...) connection between law and morality. Robert Alexy has argued, however, that the law, besides consisting conceptually of elements of authoritative issuance and social efficacy, necessarily lays a claim to substantial correctness, which is derived from analytical arguments. Furthermore, if this claim to substantial correctness necessarily requires the incorporation of moral elements into law, then the ‘necessary connection thesis’, as defended by non-positivism, can be justified. Some of the most significant objections to this sort of claim, stemming from the Anglo-American world, are those introduced by Joseph Raz. In his ‘Reply’ to Robert Alexy, Raz raises at least three interesting criticisms, including, first, the ambiguity of ‘legal theory in the positivistic tradition’, second, the indeterminate formulations of the ‘separation thesis’, and, third, the necessary claim of law to legitimate authority as a moral claim. As a point of departure, I will argue that Raz’s three criticisms are misleading. For they do not enhance our understanding of the genuine compatibility or incompatibility between legal positivism and non-positivism. Despite the frequently reformulated theses of legal positivism and the various kinds of opponents responding thereto, the essential divergence between legal positivism and non-positivism was and remains the answer to the question of the relation between law and morality. Furthermore, I will clarify that in the strictest sense there can be three and only three logically possible positions concerning the relation between law and morality: the connection between them is either necessary, or impossible (i. e. they are necessarily separate), or contingent (i. e. they are neither necessarily connected nor necessarily separate). The first position is non-positivistic, while the latter two positions are, indeed, both positivistic, but in different forms: one may be called ‘exclusive’ legal positivism, the other ‘inclusive’ legal positivism. I will continue by showing that these three positions stand to one another in the relation of contraries, not contradictories, and that, taken together, they exhaust the logically possible positions concerning the relation between law and morality, never mind the tradition or authority from which these positions are derived. Raz mentions, however, many changeable formulations of the separation thesis, which even leads him to acknowledge ‘necessary connections between law and morality’. One who is trying to understand legal positivism would no doubt be puzzled by this claim. Nevertheless, I will argue that this is an alternative strategy of legal positivism, and it points to naturalistically oriented view. Although this necessary separation between law and morality, understood naturalistically, strikes one as strengthening the separation, in the end it leads to a weakened notion of necessity. This weakened necessary separation thesis, however, cannot be justified through the so-called claim of the law to legitimate authority, defended by Raz, for it is difficult to answer the question of whether a normally justified but factual authority can gain legitimate authority. Finally, the necessary connection between law and morality in a strong sense can still be justified by the claim of law to correctness, as per Alexy’s argument. (shrink)

Mill (1872, 1874) is an early proponent of the thesis that economics has a special domain in which it can operate relatively independently of findings from other sciences. Contra Mill, I argue that this so-called separateness-thesis is best defendedunder an externalist interpretation of Rational Choice Theory (RCT). Mill’s defence is consistent with an internalist interpretation of RCT. Internalism holds that RCT depicts psychological mechanisms operating in economic agents. I argue that such a defence fails to establish separateness, because (...) it makes economics highly depended on psychological findings. However, externalism understands RCT as an adequate description of how agents react to incentives if certain environmental structures are present. Under this interpretation, we can defend separateness by investigating which features of an environmental structure will lead agents to behave in accordance with RCT. Thereby, we can derive indicators that enable us to demarcate a separate domain for economics. (shrink)

In this paper, I wish to defend Aristotle’s naturalness thesis. First, I argue against the claim that the city fails to meet the criteria (e.g. separability, continuity, etc.) Aristotle sets for substantiality in the Metaphysics. Second, I examine the problem of the Principle of Transitivity of End in Aristotle’s telic argument for the naturalness of the city. I argue that the city exists for its own end. Finally, I discuss the problem of the legislator in the genesis of the (...) city. I argue that the legislator is only responsible for the actualization of the potential form that Nature has set forward. (shrink)

Thomas Aquinas consistently defended the thesis that the separated rational soul that results from a human person’s death is not a person. Nevertheless, what has emerged in recent decades is a sophisticated disputed question between “survivalists” and “corruptionists” concerning the personhood of the separated soul that has left us with intractable disagreements wherein neither side seems able to convince the other. In our contribution to this disputed question, we present a digest of an unconsidered middle way: the separated soul (...) is an incomplete person. (shrink)

The Cartesian concept of nature, which has determined modern thinking until the present time, has become obsolete. It shall be shown that Hegel's objective-idealistic conception of nature discloses, in comparison to that of Descartes, new perspectives for the comprehension of nature and that this, in turn, results in possibilities of actualizing Hegel's philosophy of nature. If the argumentation concerning philosophy of nature is intended to catch up with the concrete Being-of-nature and to meet it in its concretion, then this is (...) impossible for the finite spirit in a strictly a priori sense – this is the thesis supported here which is not at all close to Hegel. As the argumentation rather has to consider the conditions of realization concerning the Being-of-nature, too, it is compelled to take up empirical elements – concerning the organism, for instance, system-theoretical aspects, physical and chemical features of the nervous system, etc. With that, on the one hand, empirical-scientific premises are assumed (e.g. the lawlikeness of nature), which on the other hand become (now close to Hegel) possibly able to be founded in the frame of a Hegelian-idealistic conception. In this sense, a double strategy of empirical-scientific concretization and objective-idealistic foundation is followed up, which represents the methodical basic principle of the developed considerations. In the course of the undertaking, the main aspects of the whole Hegelian design concerning the philosophy of nature are considered – space and time, mass and motion, force and law of nature, the organism, the pro-blem of evolution, psychic being – as well as Hegel's basic thesis concerning the philosophy of nature, that therein a tendency toward coherence and idealization manifests itself in the sense of a (categorically) gradually rising succession of nature: from the separateness of space to the ideality of sensation. In the sense of the double strategy of concretization and foundation it is shown that on the one hand possibilities of philosophical penetration concerning actual empirical-scientific results are opened, and on the other hand – in turn – a re-interpretation of Hegel's theorem on the basis of physical, evolution-theoretical and system-theoretical argumentation also becomes possible. In this mutual crossing-over and elucidation of empirical and Hegelian argumentation not only do perspectives of a new comprehension of nature become visible, but also, at the same time – as an essential consequence of this methodical principle – thoughts on the possibilities of actualizing Hegel's philosophy of nature. (shrink)

Pierre Duhem is the discoverer of the physics of the Middle Ages. The discovery that there existed a physics of the Middle Ages was a surprise primarily for Duhem himself. This discovery completely changed the way he saw the evolution of physics, bringing him to formulate a complex argument for the growth and continuity of scientific knowledge, which I call the ‘Pierre Duhem Thesis’ (not to be confused either with what Roger Ariew called the ‘true Duhem thesis’ as (...) opposed to the Quine-Duhem thesis, which he persuasively argued is not Duhem’s, or with the famous ‘Quine-Duhem Thesis’ itself). The ‘Pierre Duhem Thesis’ consists of five sub-theses (some transcendental in nature, some other causal, factual, or descriptive), which are not independent, as they do not work separately (but only as a system) and do not relate to reality separately (but only simultaneously). The famous and disputed ‘continuity thesis’ is part, as a sub-thesis, from this larger argument. I argue that the ‘Pierre Duhem Thesis’ wraps up all of Duhem’s discoveries in the history of science and as a whole represents his main contribution to the historiography of science. The ‘Pierre Duhem Thesis’ is the central argument of Pierre Duhem's work as historian of science. (shrink)

Data from the World Values Survey shows that generalized trust in Mainland China—trust in out-group members—is very low, but generalized trust in Taiwan is much higher. The present article argues that positive interactions with out-group members in the context of Taiwan’s export-oriented economy fostered generalized trust—and so explains this difference. This line of argument provides evidence for Albert O. Hirschman’s doux commerce thesis, that market interaction can improve persons and even stabilize the social order. The present article defends this (...) point by separating two theses that Hirschman combines under that label, a countervailing forces thesis and a doux commerce thesis narrowly understood. These theses offer different explanations (or mechanisms) for how commerce could have those positive effects. The data about Taiwanese trust practices provides evidence for the latter. (shrink)

According to what I call the ‘Discontinuity Thesis’, literature can never count as genuine philosophizing: there is an impermeable barrier separating it from philosophy. While philosophy presents logically valid arguments in favor of or against precisely formulated statements, literature gives neither precisely formulated theses nor arguments in favor of or against them. Hence, philosophers don’t lose out on anything if they don’t read literature. There are two obvious ways of questioning the Discontinuity Thesis. First, arguing that literature can (...) indeed do what philosophy is generally taken to do. Second, arguing that philosophy is not, in fact, the presentation of logically valid arguments in favor or against precisely formulated statements – what it does is closer to what literature is generally taken to do. I use a combination of these two strategies and argue that philosophy is not as intellectually straightforward as it is advertized to be and literature is not as intellectually impoverished as it is generally taken to be. (shrink)

The article examines the issue of a necessary connection between the phenomena of law and morality. According to legal positiv- ism, morality is not a criterion of the legitimacy for legal norms. The law can have any content including absolutely immoral (the so-called “separability thesis”). Law issues are not connected with discussing the moral merits of a possible judicial decision. They are only closely related to studying various purely legal phenomena like precedents, judicial discretion, legislatures, etc. The ascriptive legal (...) statements theory proposed by the Oxford School of Law (Herbert Hart, Joseph Raz, and others) serves as the core of contemporary legal positivism. This theory is based on the notion of defeasibility for legal responsibility without any moral reasoning. There, phenomena of law are interpreted as purely linguistic, not social constructions. Analysis of pure law language should provide all the needful tools to extract hidden meaning from any legal norm. This analysis does not require going beyond the legal language since it does not describe any real situations in the world, but merely expresses legal requirements, allowing to legally qualify some observed events. It completely eliminates any references to moral principles from the analysis of legal language. However the critical reconstruction theory of ascriptive legal statements shows limitations of the legal positivism’s analytical approach to the phenomena of law. The example of a fictitious legal collision offered demonstrates limitations of the legal positivism approach to the understand- ing of law phenomena. This collision is a complex conceptual mix of Frankfurt-style examples and imaginary situations in the Trolley Problem widely known in analytical ethics. It clearly demonstrates the possible paradox of a law judgment in situations where conditions for the recognition and cancellation of legal liability are the property of two different (not necessarily openly contradictory) legal norms. It can serve as a strong argument in favor of contemporary theories of natural law (Lon Fuller, John Finnis, Ronald Dworkin, and others), which questioned the possibility of creating a theory of pure law. They considered it senseless and impossible to draw any strict border between moral and legal norms. Immoral law cannot have the particular property of creating a moral obliga- tion to follow such like a law. Law cannot be built on legality only, and the answers to all significant legal questions should be found in moral theories. (shrink)

The value of this essay is not to reiterate the extant views on horror literature, but to make available for the first time to the world at large the textual foundations of considering horror literature as a genre by itself. The Gothic is a different genre altogether though most of us want to conflate and confuse between these two genres. Someday I shall write at length about the nature of the horrific. Suffice to say for now that the focus is (...) that long ago, H. P. Lovecraft in his essay mentioned within this essay distinguished between the gothic as a literary genre and horror literature as another literary genre. And Lovecraft showed us that the horror as a literary genre is by far the greater of the two genres. This essay does not get into the literary values of either the gothic or the horror novel. That has been treated in a fuller manner by this author in his PhD thesis. (shrink)

The article examines the issue of a necessary connection between the phenomena of law and morality. A new classification of contemporary legal philosophy theories based on a distinction between «dietary» and «calorie» views on the question of the extent that the substantive content of law needs to be consistent with the moral requirements for it to be legal is proposed and justified. It offers a critical analysis of «dietary» views based on the assertion that the law can have any content, (...) including absolutely immoral content (the so-called «separability thesis»). (shrink)

This paper argues that popular criticisms of semantic holism (such as that it leaves the ideas of translation, disagreement and change of mind problematic) are more properly directed at an "instability assumption" which, while often associated with holism, can be separated from it. The versions of holism that follow from 'interpretational' account of meaning are not committed to the instability assumption and can thus avoid many of the problems traditionally associated with holism.

Traditional just war theory maintains that the two types of rules that govern justice in times of war, jus ad bellum (justice of war) and jus in bello (justice in war), are logically independent of one another. Call this the independence thesis. According to this thesis, a war that satisfies the ad bellum rules does not guarantee that the in bello rules will be satisfied; and a war that violates the ad bellum rules does not guarantee that the (...) in bello rules will be violated. A controversial implication of this is that it’s possible for soldiers to undergo acts that are instrumental in bringing about victory in an unjust war and yet do nothing morally wrong. Some authors – call them purists – claim that this cannot be correct. Participating in an unjust war is by itself morally wrong. Yitzhak Benbaji has given what is to my mind the strongest defense of the independence thesis. In this paper I critically examine Benbaji’s argument and conclude that it is not persuasive. My argument against Benbaji incorporates the concept of honor in the military. I seek to show, in part, that if the recent literature is correct concerning both the nature of honor and the importance of instilling it in soldiers, then Benbaji hasn’t given the purist a compelling reason to give up her view. (shrink)

Moral anti-theodicists have posed a consequentialist argument against the theodical enterprise: that theodicies lead to harmful consequences in reality and that this should be sufficient reason to motivate abandoning the practise of theodicising altogether. In this paper, I examine variants of this argument and discuss several prominent responses from theodicists, including the separation thesis. I argue that while these responses are effective in resisting the global conclusion by the anti-theodicist, it still leaves the theodical enterprise vulnerable to a (...) weaker version of the consequentialist critique. In response, I develop an account of ‘theodicies-of-embrace-protest’ which is able to preserve the meaningful strides made in traditional theodicies while taking seriously the criticisms of the moral anti-theodicists. I suggest that sceptical theism fits this bill. (shrink)

The thesis is: the “periodic table” of “dark matter” is equivalent to the standard periodic table of the visible matter being entangled. Thus, it is to consist of all possible entangled states of the atoms of chemical elements as quantum systems. In other words, an atom of any chemical element and as a quantum system, i.e. as a wave function, should be represented as a non-orthogonal in general (i.e. entangled) subspace of the separable complex Hilbert space relevant to the (...) system to which the atom at issue is related as a true part of it. The paper follows previous publications of mine stating that “dark matter” and “dark energy” are projections of arbitrarily entangled states on the cognitive “screen” of Einstein’s “Mach’s principle” in general relativity postulating that gravitational field can be generated only by mass or energy. (shrink)

The objection from the insolvability of principle-based modal disagreements appears to support the claim that there are no objective modal facts, or at the very least modal facts cannot be accounted for by modal rationalist theories. An idea that resurfaced fairly recently in the literature is that the use of ordinary empirical statements presupposes some prior grasp of modal notions. If this is correct, then the idea that we may have a total agreement concerning empirical facts and disagree on modal (...) facts, which is the starting point of the objection from the insolvability of modal disagreement, is undercut. This paper examines the no-separation thesis and shows that some of the arguments against the classical (empiricist) distinction between empirical and modal statements fail to be conclusive if they are taken to defend a strong notion of metaphysical possibility. The no-separation thesis appears to work only in theoretical frameworks where metaphysical modalities are considered (broadly) conceptual. For these reasons, the no-separation thesis cannot save modal rationalism from the insolvability of modal disagreement. (shrink)

This thesis proposes that key, competing theories of dispositions mistake and conflate how we identify, designate and talk about dispositions and dispositional terms for the nature of dispositions and the meaning of dispositional terms when they argue that: a) dispositions are extrinsic properties of their bearers (Boyle 1666) b) all properties are purely dispositional (Bird 2007) c) all properties are purely categorical (there are no dispositional properties) (Armstrong in AMP 1996) d) dispositional and categorical properties are separate and distinct (...) properties (Prior, Pargetter and Jackson 1982). In so doing these theories make unwarranted and unsupported ontological conclusions about dispositions. The thesis traces the principal source of this confusion and conflation to a reliance on the counterfactual analysis of dispositions that wrongly encourages the conflation of a disposition (say fragility) with its manifestation (shattering). There is good reason to hold that the counterfactual analysis of dispositions is false — the truth of a counterfactual statement (such as “if x were dropped x would break”) is neither necessary nor sufficient for the truth of a dispositional ascription (such as “x is fragile”). (shrink)

Thomistic Hylomorphists claim that we human persons have rational or intellective souls which can continue to exist separately from our bodies after we die. Much of the recent scholarly discussion of Thomistic Hylomorphism has centered on this thesis and the question of whether human persons can survive death along with their souls or whether only their souls can survive in this separated, disembodied, post-mortem state. As a result, two rival versions of Thomistic Hyomorphism have been formulated: Survivalism and Corruptionism. (...) This chapter makes a new contribution to the debate between Survivalists and Corruptionists by identifying a heretofore undiscussed problem for Corruptionist Thomistic Hylomorphism. In particular, it is argued that if Corruptionists were right that human persons cannot survive their deaths along with their souls, this would undermine the grounds on which all Thomistic Hylomorphists, including Corruptionists, rely to justify their belief that our souls can continue to exist after our deaths. Given this, it is argued that Thomistic Hylomorphists have grounds for thinking that our souls can continue to exist after our deaths only if they allow, as Survivalists do and Corruptionists do not, that we human persons can continue to exist after our deaths, with souls but no bodies. (shrink)

The thesis of the paper maintains it is impossible to disregard a change in the statue of analytical psychology involving the notion of psychoid and its correlation to quantum physics, being psyche not separable from matter. This change finds its most accomplished and impressive epicentre in C.G. Jung and W. Pauli’s theory of synchronicity, in which the Jungian Self becomes the psyche’s quantum psychoid regulatory center, in a Spiritual sense.

The thesis that the two-valued system of classical logic is insufficient to explanation the various intermediate situations in the entity, has led to the development of many-valued and fuzzy logic systems. These systems suggest that this limitation is incorrect. They oppose the law of excluded middle (tertium non datur) which is one of the basic principles of classical logic, and even principle of non-contradiction and argue that is not an obstacle for things both to exist and to not exist (...) at the same time. However, contrary to these claims, there is no inadequacy in the two-valued system of classical logic in explanation the intermediate situations in existence. The law of exclusion and the intermediate situations in the external world are separate things. The law of excluded middle has been inevitably accepted by other logic systems which are considered to reject this principle. The many-valued and the fuzzy logic systems do not transcend the classical logic. Misconceptions from incomplete information and incomplete research are effective in these criticisms. In addition, it is also effective to move the discussion about the intellectual conception (tasawwur) into the field of judgmental assent (tasdiq) and confusion of the mawhum (imaginable) with the ma‘kûl (intellegible). (shrink)

This is a non-technical version of "The Decision Problem for Effective Procedures." The “somewhat vague, intuitive” notion from computability theory of an effective procedure (method) or algorithm can be fairly precisely defined, even if it does not have a purely mathematical definition—and even if (as many have asserted) for that reason, the Church–Turing thesis (that the effectively calculable functions on natural numbers are exactly the general recursive functions), cannot be proved. However, it is logically provable from the notion of (...) an effective procedure--without reliance on any (partially) mathematical thesis or conjecture concerning effective procedures, such as the Church–Turing thesis--that the class of effective procedures is undecidable, i.e., that no effective procedure is possible for ascertaining whether a given procedure is effective. The proof does not appeal to a precise definition of ‘effective procedure’. Instead, it relies solely and entirely on a basic grasp of the intuitive notion of such a procedure. Though this undecidability result itself is not surprising, it is also not without significance. It has the consequence, for example, that the solution to a decision problem, if it is to be complete, must be accompanied by a separate argument that the proposed ascertainment procedure is, in fact, a decision procedure, i.e., effective—for example, that it invariably terminates with the correct verdict. (shrink)

The thesis that there is a reciprocal relationship between human beings and work—i.e., although man controls work, he may find in it either fulfillment or degradation—has its roots in the Marxist theory of alienation. This paper, therefore, tackles this problem from a Marxist perspective. It examines Marx and Engels’s analysis of the history and causes of human alienation by presenting their views on human nature and how work is related to the individual’s search for meaning and fulfillment. The two—man (...) and work—cannot be separated, for doing so leads to alienated work (production alienation) and alienated worker (self-alienation). Hence, the problem of employee satisfaction has to be dealt with from the perspective of how employees experience their relation to their work. (shrink)

This thesis is about making decisions when we are uncertain about what will happen, how valuable it will be, and even how to make decisions. Even the most sure-footed amongst us are sometimes uncertain about all three, but surprisingly little attention has been given to the latter two. The three essays that constitute my thesis hope to do a small part in rectifying this problem. The first essay is about the value of finding out how to make decisions. (...) Society spends considerable resources funding people (like me) to research decision-making, so it is natural to wonder whether society is getting a good deal. This question is so shockingly underresearched that bedrock facts are readily discoverable, such as when this kind of information is valuable. My second essay concerns whether we can compare value when we are uncertain about value. Many people are in fact uncertain about value, and how we deal with this uncertainty hinges on these comparisons. I argue that value comparisons are only sometimes possible; I call this weak comparability. This essay is largely a synthesis of the literature, but I also present an argument which begins with a peculiar view of the self: it is as if each of us is a crowd of different people separated by time (but connected by continuity of experience). I’m not the first to endorse this peculiar view of the self, but I am the first to show how it supports the benign view that value is sometimes comparable. We may be uncertain of any decision rules, even those that would tell us how to act when we face uncertainty in decision rules. We may be uncertain of how to decide how to decide how to... And so on. If so, we might have to accept infinitely many decision rules just to make any mundane decision, such as whether to pick up a five-cent piece from the gutter. My third essay addresses this problem of regress. I think all of our decisions are forced: we must decide now or continue to deliberate. Surprisingly, this allows us to avoid the original problem. I call this solution “when forced, do your best”. (shrink)

The thesis we’re going to present gets to maintain it impossible to disregard a quantum – psychoid change of the analytical psychology statute – being the psyche not separable from the matter – that finds its most accomplished and impressive epicentre in C.G.Jung and W.Pauli’s theory of the synchronicity.

The extended mind thesis claims that a subject’s mind sometimes encompasses the environmental props the subject interacts with while solving cognitive tasks. Recently, the debate over the extended mind has been focused on Markov Blankets: the statistical boundaries separating biological systems from the environment. Here, I argue such a focus is mistaken, because Markov Blankets neither adjudicate, nor help us adjudicate, whether the extended mind thesis is true. To do so, I briefly introduce Markov Blankets and the free (...) energy principle in Section 2. I then turn from exposition to criticism. In Section 3, I argue that using Markov Blankets to determine whether the mind extends will provide us with an answer based on circular reasoning. In Section 4, I consider whether Markov Blankets help us track the boundaries of the mind, answering in the negative. This is because resorting to Markov Blankets to track the boundaries of the mind yields extensionally inadequate conclusions which violate the parity principle. In Section 5, I further argue that Markov Blankets led us to sidestep the debate over the extended mind, as they make internalism about the mind vacuously true. A brief concluding paragraph follows. (shrink)

This thesis focuses on Carl Schmitt’s political theory of the strong state and the way his own concept of the political justifies strong coercive methods to de-politicise the economy. According to Schmitt, the strong state should have the legitimate capacity to counter democratisation of the economy and limit the possibility of social movements from “confounding” (Verwirrung) or “confusing” (Vermischung) the state and economy. Unlike many, who argue that Schmitt was in this extent (an economic) liberal, as he sought to (...) uphold a distinction between politics and economy, I argue that behind Schmitt’s institutional distinction between state and economy lies an explicitly anti-liberal conceptual distinction between the political and social. It is the task of this conceptual distinction to justify strong coercive means to counter socialist demands for economic justice. The distinction is anti-socialist or anti-democratic as it tries limit the “uncontrollable” expansion of the state into the economy by establishing the autonomy of the political from the economy. This enables him to accuse democratic forces of illegitimately “politicising” the economy in a way that contradicts this necessary autonomy. On the other hand, the distinction is anti-liberal as it does not argue for the autonomy of the economy, but its relative dependence on the strong state to uphold social order necessary for capitalist system of production. I have decided to use the term “authoritarian distinction” to define Schmitt’s conceptual distinction and its normative implications. The authoritarian distinction between the political and social is not simply a conceptual distinction but it establishes a normative basis for re-organising the relationship between the state and economy. In order to flesh out the specific nature of Schmitt’s authoritarian distinction, I have connected his thought with other theories of sovereignty and how they support the state’s authoritarian relationship with the economy. The thesis has three objectives. First, I want to develop a form of analysis of Schmitt’s work that connects his theoretical work with political struggle. To engage in political theory and conceptual work means to take part in politics. The concept of the political is no different, and it cannot be detached from political and normative entailments as it seeks to transform the way we perceive politics. In contrast to those who argue that Schmitt’s work on the concept of the political can be abstracted from his own political objectives, I analyse his conceptual work in tandem with his texts that explicitly engage in the politics of his time. On the basis of this analysis, I show that Schmitt’s abstract work takes part in the class struggle that was prevalent in the Weimar Republic. The conceptual distinction between the political and social is at the heart of his attempt to authorise exceptional measures to counter the labour movement of his time. Second, it is far too often that all distinction of the state and economy are reduced to analyses of liberalism. This has meant that Schmitt, too, has been claimed to adhere to a version of liberalism simply because his theory justifies limiting the politicisation of the economy. To me it seems that the focus on the liberal side of de-politicisation has produced a very one-sided narrative. In order to argue this, I discuss to an extent other theorists of sovereignty, namely Hobbes and Rousseau, and point out that even they sought to establish a distinction between the state and economy in a way that contradicts liberalism but still leaves capitalist means of production intact. To reduce Hobbes or Schmitt to a role of a precursor to liberalism means to look aside the specific nature of their theory – and, for that matter, the specificity of liberalism. Furthermore, I discuss to an extent how both liberals and these various theories of sovereignty are similar in so far as they accept the modern development of the economy as its separate sphere from politics. Third, I want to criticise the recent attempts to appropriate Schmitt’s concept of the political on the left. Many have argued that Schmitt’s concept of the political as autonomous to the social is useful in overcoming traditional Marxism and use for radicalising democracy. However, my thesis suggests that this strategy needs to be problematised, as Schmitt’s conceptual distinction cannot be separated from his anti-democratic and -socialist economic policies. In the future, I hope to further explore this need to re-think the relationship between the political and social, and whether or not we should return to a more standard Marxist understanding of this relationship. (shrink)

R. M. Chisholm interprets Brentano’s theory of intentionality through the lens of two theses: the ontological thesis, according to which the intentionality of the mental designates the fact that there is an immanent object in the act; and the psychological thesis, according to which intentionality consists of the direction of the mental act toward the extra-mental object. In my paper I interpret Chisholm’s and Brentano’s theses on intentionality from two perspectives: intentionality as the most salient distinguishing feature separating (...) the mental from the physical (Chisholm’s ontological thesis), and intentionality as a theory of the way in which mental acts with their content are related to extra-mental but theoretically-constructed objects of physics (Chisholm’s psychological thesis). Thus, an important issue of my paper is also to show that Chisholm’s well-known ontological and psychological theses on Brentanian intentionality rest on presuppositions that do not fit the program of Brentanian psychology. (shrink)

Moral, social, political, and other “nonepistemic” values can lead to bias in science, from prioritizing certain topics over others to the rationalization of questionable research practices. Such values might seem particularly common or powerful in the social sciences, given their subject matter. However, I argue first that the well-documented phenomenon of motivated reasoning provides a useful framework for understanding when values guide scientific inquiry (in pernicious or productive ways). Second, this analysis reveals a parity thesis: values influence the social (...) and natural sciences about equally, particularly because both are so prominently affected by desires for social credit and status, including recognition and career advancement. Ultimately, bias in natural and social science is both natural and social— that is, a part of human nature and considerably motivated by a concern for social status (and its maintenance). Whether the pervasive influence of values is inimical to the sciences is a separate question. (shrink)

In this paper I argue that, contrary to what one might think, early modern rationalism displays an increasing and well-grounded sensitivity to certain metaphysical questions substantial form was designed to answer—despite the fact that the notion itself was in such disrepute, and emphatically banished from natural philosophy. This main thesis is established by examining the thought of Descartes, Spinoza, and Leibniz through the framework constituted by what have been designated as the two aspects, metaphysical and physical, of substantial form. (...) This examination shows that Descartes ends up assigning to soul a notable metaphysical task formerly assigned to substantial form, whereas Spinoza advances a theory of essences motivated by the philosophical concerns behind the two aspects of substantial form. Leibniz finally makes a sharp distinction between natural philosophy and metaphysics as he develops a dynamistic theory that deliberately aims at understanding substantial form in a new fashion. This line of development is designated as one major factor contributing to the separation of philosophy and natural science. (shrink)

Metaphysics should follow science in postulating laws alongside properties. I defend this claim against the claim that natural properties conceived as powers make laws of nature redundant. Natural properties can be construed in a “thin” or a “thick” way. If one attributes a property in the thin sense to an object, this attribution does not conceptually determine which other properties the object possesses. The thin construal is underlying the scientific strategy for understanding nature piecemeal. Science explains phenomena by cutting reality (...) conceptually in properties attributed to space-time points, where these properties are conceived of independently of each other, to explore then, in a separate step, how the properties are related to each other; those determination relations between properties are laws. This is compatible with the thesis that laws are metaphysically necessary. According to the thick conception, a property contains all its dependency relations to other properties. The dependency relationships between properties (which appear as laws in the thin conception) are parts of the properties they relate. There are several reasons to resist the thick conception of properties. It makes simple properties “holistic”, in the sense that each property contains many other properties as parts. It cannot account for the fact that properties constrain each other’s identity; it can neither explain why natural properties are linked to a unique set of dispositions, nor why and how this set is structured nor why the truth-maker of many disposition attributions is relational although the disposition is grounded on a monadic property. (shrink)

It is fairly widely accepted that Saul Kripke, Keith Donnellan, and others showed in the 1960s–1980s that proper names, in particular uses by speakers, can refer to things free of anything like the epistemic requirements posited by Gottlob Frege and Bertrand Russell. This paper separates two aspects of the Frege–Russell view of name reference: the metaphysical thesis that names in particular uses refer to things in virtue of speakers thinking of those things and the epistemic thesis that thinking (...) of things requires a means of determining which thing one is thinking of. My question is whether the Kripke–Donnellan challenge should lead us to reject,, or both. Contrary to a popular line of thinking that sees practices or conventions, rather than singular thinking, as determinative of linguistic reference, my answer is that we should reject only the epistemic thesis, not the metaphysical one. (shrink)

Bernard Williams argues that philosophy is in some deep way akin to history. This article is a novel exploration and defense of the Williams thesis —though in a way anathema to Williams himself. The key idea is to apply a central moral from what is sometimes called the analytic philosophy of history of the 1960s to the philosophy of philosophy of today, namely, the separation of explanation and laws. I suggest that an account of causal explanation offered by (...) David Lewis may be modified to bring out the way in which this moral applies to philosophy, and so to defend the Williams thesis. I discuss in detail the consequences of the thesis for the issue of philosophical progress and note also several further implications: for the larger context of contemporary metaphilosophy, for the relation of philosophy to other subjects, and for explaining, or explaining away, the belief that success in philosophy requires a field-specific ability or brilliance. (shrink)

The aim of this thesis is to propose a deflationary approach towards the ontological analysis of physical theories. Such an approach sustains that the development of ontologies for physical theories must be neutral relatively to the debate between realists and anti-realists in philosophy of physics. Mainly, our attention will be oriented towards what we called "quantum domain", which includes the non-relativistic Quantum Mechanics and variants of the Quantum Field Theory. This meta-ontological approach consists in an attempt to provide a (...) methodology for the development of specific ontologies for physical theories. With this aim we suggest the separation between physical phenomena and physical theories on one side, and physical theories and ontologies on the other side. This separation intends to endorse the idea that physical theories can provide all the informative contents required for the development of the ontologies associated with them. The result is a defense of the idea that physical theories can positively contribute for the constitution of the ontologies in physics. Additionally, we present a critical analysis of four different ontological approaches to QM and QFT. Each one of these interpretations deals with a different ontological category (tropes, events and processes). At the end of the thesis we will analyze the concepts of interaction and commutation in QFT in order to exemplify the main lines of the deflationary approach suggested here. (shrink)

Non-commuting quantities and hidden parameters – Wave-corpuscular dualism and hidden parameters – Local or nonlocal hidden parameters – Phase space in quantum mechanics – Weyl, Wigner, and Moyal – Von Neumann’s theorem about the absence of hidden parameters in quantum mechanics and Hermann – Bell’s objection – Quantum-mechanical and mathematical incommeasurability – Kochen – Specker’s idea about their equivalence – The notion of partial algebra – Embeddability of a qubit into a bit – Quantum computer is not Turing machine – (...) Is continuality universal? – Diffeomorphism and velocity – Einstein’s general principle of relativity – „Mach’s principle“ – The Skolemian relativity of the discrete and the continuous – The counterexample in § 6 of their paper – About the classical tautology which is untrue being replaced by the statements about commeasurable quantum-mechanical quantities – Logical hidden parameters – The undecidability of the hypothesis about hidden parameters – Wigner’s work and и Weyl’s previous one – Lie groups, representations, and psi-function – From a qualitative to a quantitative expression of relativity − psi-function, or the discrete by the random – Bartlett’s approach − psi-function as the characteristic function of random quantity – Discrete and/ or continual description – Quantity and its “digitalized projection“ – The idea of „velocity−probability“ – The notion of probability and the light speed postulate – Generalized probability and its physical interpretation – A quantum description of macro-world – The period of the as-sociated de Broglie wave and the length of now – Causality equivalently replaced by chance – The philosophy of quantum information and religion – Einstein’s thesis about “the consubstantiality of inertia ant weight“ – Again about the interpretation of complex velocity – The speed of time – Newton’s law of inertia and Lagrange’s formulation of mechanics – Force and effect – The theory of tachyons and general relativity – Riesz’s representation theorem – The notion of covariant world line – Encoding a world line by psi-function – Spacetime and qubit − psi-function by qubits – About the physical interpretation of both the complex axes of a qubit – The interpretation of the self-adjoint operators components – The world line of an arbitrary quantity – The invariance of the physical laws towards quantum object and apparatus – Hilbert space and that of Minkowski – The relationship between the coefficients of -function and the qubits – World line = psi-function + self-adjoint operator – Reality and description – Does a „curved“ Hilbert space exist? – The axiom of choice, or when is possible a flattening of Hilbert space? – But why not to flatten also pseudo-Riemannian space? – The commutator of conjugate quantities – Relative mass – The strokes of self-movement and its philosophical interpretation – The self-perfection of the universe – The generalization of quantity in quantum physics – An analogy of the Feynman formalism – Feynman and many-world interpretation – The psi-function of various objects – Countable and uncountable basis – Generalized continuum and arithmetization – Field and entanglement – Function as coding – The idea of „curved“ Descartes product – The environment of a function – Another view to the notion of velocity-probability – Reality and description – Hilbert space as a model both of object and description – The notion of holistic logic – Physical quantity as the information about it – Cross-temporal correlations – The forecasting of future – Description in separable and inseparable Hilbert space – „Forces“ or „miracles“ – Velocity or time – The notion of non-finite set – Dasein or Dazeit – The trajectory of the whole – Ontological and onto-theological difference – An analogy of the Feynman and many-world interpretation − psi-function as physical quantity – Things in the world and instances in time – The generation of the physi-cal by mathematical – The generalized notion of observer – Subjective or objective probability – Energy as the change of probability per the unite of time – The generalized principle of least action from a new view-point – The exception of two dimensions and Fermat’s last theorem. (shrink)

This paper addresses the two extensional objections to the Humean Theory of Reasons—that it allows for too many reasons, and that it allows for too few. Although I won’t argue so here, manyof the other objections to the Humean Theoryof Reasons turn on assuming that it cannot successfully deal with these two objections.1 What I will argue, is that the force of the too many and the too few objections to the Humean Theorydepend on whether we assume that Humeans are (...) committed to a thesis about the weight of reasons—one I call Proportionalism. In particular, I’ll show how a version of the Humean Theorythat rejects Proportionalism can reasonablyhope to escape both the too many and the too few objections. This will constitute my defense of this version of the Humean Theory. But then, separately, I will argue that this defense of the Humean Theoryis not ad hoc. I’ll argue that Humeans have no reason to accept Proportionalism in the first place. Or at least, no weightyone. There are three parts to the paper. In Part 1 we introduce the Humean Theoryand the too few reasons objection. I’ll first layout the objection, and then layout the basis for a response on behalf of myfavored version of the Humean Theory. There will be an obvious objection to my defense— but it will turn out to depend on the assumption of Proportionalism. This will constitute myargument that the susceptibilityof the Humean Theoryto.. (shrink)

Maxwell’s Demon is a thought experiment devised by J. C. Maxwell in 1867 in order to show that the Second Law of thermodynamics is not universal, since it has a counter-example. Since the Second Law is taken by many to provide an arrow of time, the threat to its universality threatens the account of temporal directionality as well. Various attempts to “exorcise” the Demon, by proving that it is impossible for one reason or another, have been made throughout the years, (...) but none of them were successful. We have shown (in a number of publications) by a general state-space argument that Maxwell’s Demon is compatible with classical mechanics, and that the most recent solutions, based on Landauer’s thesis, are not general. In this paper we demonstrate that Maxwell’s Demon is also compatible with quantum mechanics. We do so by analyzing a particular (but highly idealized) experimental setup and proving that it violates the Second Law. Our discussion is in the framework of standard quantum mechanics; we give two separate arguments in the framework of quantum mechanics with and without the projection postulate. We address in our analysis the connection between measurement and erasure interactions and we show how these notions are applicable in the microscopic quantum mechanical structure. We discuss what might be the quantum mechanical counterpart of the classical notion of “macrostates”, thus explaining why our Quantum Demon setup works not only at the micro level but also at the macro level, properly understood. One implication of our analysis is that the Second Law cannot provide a universal lawlike basis for an account of the arrow of time; this account has to be sought elsewhere. (shrink)

According to Rosalind Hursthouse’s virtue based account of right action, an act is right if it is what a fully virtuous person would do in that situation. Robert Johnson has criticized the account on the grounds that the actions a non-virtuous person should take are often uncharacteristic of the virtuous person, and thus Hursthouse’s account of right action is too narrow. The non-virtuous need to take steps to improve themselves morally, and the fully virtuous person need not take these steps. (...) So Johnson argues that any virtue based account of right action will have to find a way to ground a moral obligation to improve oneself. This paper argues that there is an account of virtue that can offer a partial solution to Johnson’s challenge, an account where virtue is a type of practical skill and in which the virtuous person is seen as having expertise. The paper references the account of skill acquisition developed by Hubert and Stuart Dreyfus. Their research demonstrates that novices in a skill have to employ different strategies to act well than the strategies used by the experts, and so the ‘virtue as skill’ thesis provides support for Johnson’s claim that the actions of the non-virtuous will differ from the virtuous. On the other hand, their research suggests that there is no separating the commitment to improve yourself from the possession of expertise, and so the ‘virtue as skill’ thesis has the resources for grounding the obligation to improve oneself in an account of virtue. (shrink)

Yitzhak Melamed here offers a new and systematic interpretation of the core of Spinoza's metaphysics. In the first part of the book, he proposes a new reading of the metaphysics of substance in Spinoza: he argues that for Spinoza modes both inhere in and are predicated of God. Using extensive textual evidence, he shows that Spinoza considered modes to be God's propria. He goes on to clarify Spinoza's understanding of infinity, mereological relations, infinite modes, and the flow of finite things (...) from God's essence. In the second part of the book, Melamed relies on this interpretation of the substance-mode relation and the nature of infinite modes and puts forward two interrelated theses about the structure of the attribute of Thought and its overarching role in Spinoza's metaphysics. First, he shows that Spinoza had not one, but two independent doctrines of parallelism. Then, in his final main thesis, Melamed argues that, for Spinoza, ideas have a multifaceted structure that allows one and the same idea to represent the infinitely many modes which are parallel to it in the infinitely many attributes. Thought turns out to be coextensive with the whole of nature. Spinoza cannot embrace an idealist reduction of Extension to Thought because of his commitment to the conceptual separation of the attributes. Yet, within Spinoza's metaphysics, Thought clearly has primacy over the other attributes insofar as it is the only attribute which is as elaborate, as complex, and, in some senses, as powerful as God. (shrink)

I intend to: a) clarify the origins and de facto meanings of the term relativism; b) reconstruct the reasons for the birth of the thesis named “cultural relativism”; d) reconstruct ethical implications of the above thesis; c) revisit the recent discussion between universalists and particularists in the light of the idea of cultural relativism.. -/- 1.Prescriptive Moral Relativism: “everybody is justified in acting in the way imposed by criteria accepted by the group he belongs to”. Universalism: there are (...) at least some judgments which are valid inter-culturally Absolutism: there are at least some particular prescriptions which are valid without exception everywhere and always -/- 2. The traditional proof of prescriptive moral relativism: the argument from variability: Judgments, rules, and shared values are de facto variable in time and space. The traditional counter-proof: examples of variability do not prove what skeptics contend. -/- 3. Pre-history of the doctrine -Ancient sophists: either immoralist or contractualist -Modern moral scepticism (xvii c.): variability as an historical and ethnographic fact supports a sceptical conclusion more moderate than sheer immoralism. - Voltaire, Kant, Reid counter-attack pointing at a universally shared moral sense - Romantics and idealists stage an even more moderate reformulation: instead of universally shared moral sense they point at the Spirit of a People which is: a)alternative to abstract and universal philosophical systems as far as it is lived ‘culture’; b) indivisible unity with an inner harmony and a source of normative standards; c) dynamic, in so far as it is a manifestation of the Spirit through the becoming of National cultures. -/- 4. The birth of Cultural Relativism and its ethical implications 4.1. The 18th c. doctrine was the noble savage (a non-historical doctrine: state of nature vs. social state) 4.2 Edward Tylor (1832-1817) and ethnocentric historicism Savage moral standards are real enough, but they are far and weaker than ours. 4.3 Boas and Malinowski and an holistic reaction to ethnocentric historicism -/- Franz Boas (1858-1942): a) Development of civilizations is not ruled by technical progress nor does it follow a one-way path; instead there are parallel developments (for ex. Agriculture does not follow stock-raising); b) racial characters have no relevance in development of civilization; c) we are not yet in a position to compare externally identical kinds of behaviour till we have not yet understood beliefs and intentions laying at their roots (for ex.: “From an ethnological point of view murder cannot be considered as a single phenomenon”; d) we should distinguish among different practices which are only superficially similar (fro ex. practices traditionally classified under the label “tabù”); e) there is as a fact just one normative ethic, constant in its contents but varying in its extension; f) the implication is not that we cannot judge behavior by members of other groups; it is only a recommendation of caution. -/- Bronislaw Malinowski (1884-1942): a) against Tylor’s and Frazer’s “magpie” methodology, field-work is required, a culture as a whole should be observed from inside; individual elements are incomprehensible; b) a culture is an organic whole; c) its elements are accounted for by their function (economy), avoiding non-observables (empio-criticism). -/- Ruth Benedict and Melville Herskovitz identify Boas’s approach with “cultural relativism”. Benedict: what is normal and abnormal is to be judged on a culture’s own standards, not on our own (“Anthropology and the Abnormal”). Herskovits: “Boas adumbrates what we have come to call cultural relativism” (The Mind, p. 10); “Judgements are based on experience, and experience is interpreted by each individual in terms of his own enculturation” (Man and his Works). -/- 4. How analytic philosophy understood and misunderstood the discussion 4.1. At the beginning of the 20th c., the new view in ethics was non-cognitivism (emotivist and subjectivist). Eric Westermark combines this view with an old-style ethnographic approach in support of relativity of moralities. Moralities are codes, or systems of emotive ‘disinterested’ reactions selected by evolution on their usefulness in terms of survival value for the society that is the carrier of such systems or codes. The moral relativity thesis: there are cases of disagreement that cannot be settled even after agreement about facts. 4.2 Anti-realists Brandt, Mackie, Gilbert, Harman adopt Westermark’s approach in a more sophisticated version: a) moralities are codes with an overall function and may be appraised only as wholes; b) variability is an argument for moral subjectivism; c) apparent legitimacy of deriving shift from ought is legitimized only within one institution d) morality should not be described but instead made, and existing moralities may be improved. Is it ‘real’ relativism? It is clearly subjectivism (a metaethical thesis). The normative thesis is that there better and worse codes, and survival values is the normative standard. -/- 4.3 Particularists MacIntyre, Sandel, Taylor, Wiggins, McDowell ‘Wittgensteinian’ prospectivist arguments bent to support weak-relativist claims MacIntyre: there is ‘incommensurability’ between different theoretical systems in both science and ethics. No argument is possible through different systems Different traditions may coexist for a long time without being able to bring their conflicts to a rational solution. -/- 4.4 Kantian universalists Baier, Gewirth, Rawls, Apel, Habermas Shared claim: justice concerns the right and is universal in so far as it may be based on minimal assumptions Other virtues are relative to context in so far as they are related to comprehensive views of the good - O’Neill criticism: a) it is an assumption shared by both alignments; b) after an alleged crisis brought about by alleged loss of metaphysical certainties, theories of justice have dropped demanding assumptions and kept universalism, virtue theories have kept demanding assumptions and dropped universalism; c) the opposition of virtue and justice has arisen in an unjustified way. O’Neill’s positive proposal: ‘constructive’ procedures may be adopted both (i) concerning all the range of virtues and (ii) across cultures once we abandon idealization and confine ourselves to abstraction from real-world cases. -/- 4.5 A metaethical relativist and anti-relativist normative ethicists: Bernard Williams Williams: vulgar relativism may be assumed to claim that: a) 'just' means 'just in a given society'; b) 'just in a given society' is to be understood in functionalist sense; c) it is wrong for one society’s members to condemn another society’s values. It is inconsistent since in (c) uses ‘just’ in a non-relative way that has been excluded in (a). William’s positive proposal: i) keep a number of substantive or thick ethical concepts that will be different in space and time; ii) admit that public choices are to be legitimized through recourse to more abstract procedures and relying on more thin ethical concepts. -/- 5. Critical remarks 5.1 The only real relativism available is ‘vulgar’ relativism (Westermark?) 5.2. Descriptive universalism (or absolutism) has a long pedigree, from Cicero on, reaching Boas himself but it is useless as an answer to normative questions 5.3. Twentieth-century philosophical discussion seems to discuss an ad hoc doctrine reconstructed by assembling obsolete philosophical ideas but ignoring the real theory of cultural relativism as formulated by anthropologists. -/- 6. A distinction between ethoi and ethical theories as a way out of confusions a)There are systems of conventions de facto existing. These may be studies from outside as phenomena or facts. b)There is moral argument and this, when studies from outside, is a fact, but this does not influence in any degree the possible validity of claims advanced. c) the difference between the above claims and Mackie’s criticism to Searle’s argument of the promising game is that promises, arguments etc. are also phenomena, but they are also communicative phenomena with a logical and pragmatic structure. -/- 7.Conclusions: a) cultural relativism, as a name for Boas’s methodology is a valuable discovery, and in this sense we are all relativists; b) ethical relativism, as an alleged implication of cultural relativism, has been argued in a philosophically quite unsophisticated way by Benedict and Herskovits; philosophers apparently discussed ethical relativism in the basis of a rather faint impression of what cultural relativism had been. c) a full-fledged ethical relativism has hardly been defended by anybody among philosophers; virtually no modern philosopher really argued a prescriptive version of the thesis; d) we may accept the grain of truth in ethical relativism by including relativist critique to ethical absolutism into a universalist normative doctrine that be careful in separating open-textured formulations of universal claims from culturally conditioned particular prescriptions. -/- . 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In this paper, I suggest an outline of a new interpretation of core issues in Spinoza’s metaphysics and philosophy of mind. I argue for three major theses. (1) In the first part of the paper I show that the celebrated Spinozistic doctrine commonly termed “the doctrine of parallelism” is in fact a confusion of two separate and independent doctrines of parallelism. Hence, I argue that our current understanding of Spinoza’s metaphysics and philosophy of mind is fundamentally flawed. (2) The clarification (...) and setting apart of the two doctrines will also put us in a position to present my second major thesis and address one of the more interesting and enduring problems in Spinoza’s metaphysics: how can the attribute of thought be, on the one hand, isomorphic with any other attribute, and yet, on the other hand, be isomorphic with God himself, who has infinitely many attributes? In the second part of the paper, I present Spinoza’s solution to this problem. I argue that the number and order of modes is the same in all attributes. Yet, modes of Thought, unlike modes of any other attribute, have an infinitely-faceted internal structure so that one and the same idea represents infinitely many modes by having infinitely many facets (or aspects). (3) This new understanding of the inner structure of ideas in Spinoza will lead us to my third thesis in which I explain and solve another old riddle in Spinoza’s metaphysics: his insistence on the impossibility of the human mind knowing any of God’s infinite attributes other than Thought and Extension. In the third part, I show some of the major ramifications of my new interpretation and respond to some important objections. In my conclusion I discuss the philosophical importance of my interpretation. I explain why Spinoza could not embrace reductive idealism in spite of the preeminence he grants to the attribute of Thought. I argue that Spinoza is a dualist -- not a mind-body dualist, as he is commonly conceived to be, but rather a dualist of Thought and Being. Finally, I suggest that Spinoza’s position on the mind-body issue breaks with the traditional categories and ways of addressing the subject by suggesting a view which grants clear primacy to Thought without accepting any idealist reduction of bodies to thought. (shrink)

The “somewhat vague, intuitive” notion from computability theory of an effective procedure (method) or algorithm can be fairly precisely defined even if it is not sufficiently formal and precise to belong to mathematics proper (in a narrow sense)—and even if (as many have asserted) for that reason the Church–Turing thesis is unprovable. It is proved logically that the class of effective procedures is not decidable, i.e., that no effective procedure is possible for ascertaining whether a given procedure is effective. (...) This undecidability result is proved directly from the notion itself of an effective procedure, without reliance on any (partly) mathematical lemma, conjecture, or thesis invoking recursiveness or Turing-computability. In fact, there is no reliance on anything very mathematical. The proof does not even appeal to a precise definition of ‘effective procedure’. Instead, it relies solely and entirely on a basic grasp of the intuitive notion of an effective procedure. Though the result that effectiveness is undecidable is not surprising, it is also not without significance. It has the consequence, for example, that the solution to a decision problem, if it is to be complete, must be accompanied by a separate argument that the proposed ascertainment procedure invariably terminates with the correct verdict. (shrink)

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

The Beginnings and Nature of Science in Archaic Greece: The aim of the paper is to examine the beginnings and nature of science in the archaic period of ancient Greece. The method of research is historicalphilosophical. It is historical because the interpretation of the birth of science suggested by our approach corresponds with text evidence. And it is philosophical because our reconstruction of the birth of science is able to explain the dynamic nature of the stratification of science. In the (...) first part of the paper we deal with the methodological analysis of the issue of the beginnings of science. In the second part we analyse particular manifestations of ancient investigations that, based on the diversity of their aims and the variety of methods, gradually emancipated to become separate disciplines. In the third part of the paper we argue in favour of the thesis that disciplines emerged from philosophy in such a manner that various disciplines stemmed from the diversity of philosophy. In the conclusion we state that in Archaic Greece of the 6th-5th centuries BC science emerged from the wealth of various research approaches by gradual separation, i.e. stratification of aims and stabilization of research methods. However, not a single science but a number of disciplines appeared. They did not emerge from one philosophy but from the abundance of research approaches and aims. Only later the umbrella term “science” began to be used. (shrink)

"Procedural Justice" offers a theory of procedural fairness for civil dispute resolution. The core idea behind the theory is the procedural legitimacy thesis: participation rights are essential for the legitimacy of adjudicatory procedures. The theory yields two principles of procedural justice: the accuracy principle and the participation principle. The two principles require a system of procedure to aim at accuracy and to afford reasonable rights of participation qualified by a practicability constraint. The Article begins in Part I, Introduction, with (...) two observations. First, the function of procedure is to particularize general substantive norms so that they can guide action. Second, the hard problem of procedural justice corresponds to the following question: How can we regard ourselves as obligated by legitimate authority to comply with a judgment that we believe (or even know) to be in error with respect to the substantive merits? The theory of procedural justice is developed in several stages, beginning with some preliminary questions and problems. The first question - what is procedure? - is the most difficult and requires an extensive answer: Part II, Substance and Procedure, defines the subject of the inquiry by offering a new theory of the distinction between substance and procedure that acknowledges the entanglement of the action-guiding roles of substantive and procedural rules while preserving the distinction between two ideal types of rules. The key to the development of this account of the nature of procedure is a thought experiment, in which we imagine a world with the maximum possible acoustic separation between substance and procedure. Part III, The Foundations of Procedural Justice, lays out the premises of general jurisprudence that ground the theory and answers a series of objections to the notion that the search for a theory of procedural justice is a worthwhile enterprise. Sections II and III set the stage for the more difficult work of constructing a theory of procedural legitimacy. Part IV, Views of Procedural Justice, investigates the theories of procedural fairness found explicitly or implicitly in case law and commentary. After a preliminary inquiry that distinguishes procedural justice from other forms of justice, Part IV focuses on three models or theories. The first, the accuracy model, assumes that the aim of civil dispute resolution is correct application of the law to the facts. The second, the balancing model, assumes that the aim of civil procedure is to strike a fair balance between the costs and benefits of adjudication. The third, the participation model, assumes that the very idea of a correct outcome must be understood as a function of process that guarantees fair and equal participation. Part IV demonstrates that none of these models provides the basis for a fully adequate theory of procedural justice. In Part V, The Value of Participation, the lessons learned from analysis and critique of the three models are then applied to the question whether a right of participation can be justified for reasons that are not reducible to either its effect on the accuracy or its effect on the cost of adjudication. The most important result of Part V is the Participatory Legitimacy Thesis: it is (usually) a condition for the fairness of a procedure that those who are to be finally bound shall have a reasonable opportunity to participate in the proceedings. The central normative thrust of Procedural Justice is developed in Part VI, Principles of Procedural Justice. The first principle, the Participation Principle, stipulates a minimum (and minimal) right of participation, in the form of notice and an opportunity to be heard, that must be satisfied (if feasible) in order for a procedure to be considered fair. The second principle, the Accuracy Principle, specifies the achievement of legally correct outcomes as the criterion for measuring procedural fairness, subject to four provisos, each of which sets out circumstances under which a departure from the goal of accuracy is justified by procedural fairness itself. In Part VII, The Problem of Aggregation, the Participation Principle and the Accuracy Principle are applied to the central problem of contemporary civil procedure - the aggregation of claims in mass litigation. Part VIII offers some concluding observations about the point and significance of Procedural Justice. (shrink)

A detailed interpretation is provided of the ‘Gray's Elegy’ passage in Russell's ‘On Denoting’. The passage is suffciently obscure that its principal lessons have been independently rediscovered. Russell attempts to demonstrate that the thesis that definite descriptions are singular terms is untenable. The thesis demands a distinction be drawn between content and designation, but the attempt to form a proposition directly about the content (as by using an appropriate form of quotation) inevitably results in a proposition about the (...) thing designated instead of the content expressed. In light of this collapse, argues Russell, the thesis that definite descriptions are singular terms must accept that all propositions about a description's content represent it by means of a higher-level descriptive content, so that knowledge of a description's content is always ‘by description’, not ‘by acquaintance’. This, according to Russell, renders our cognitive grip on definite descriptions inexplicable. Separate responses on behalf of Fregeans and Millians are offered. (shrink)

Walter M. Miller, Jr.’s 1959 novel A Canticle for Leibowitz is on one level a theological reflection on the human propensity to sin. Not coincidentally, the story is located in an Albertinian abbey in the former American southwest six hundred years after a nuclear holocaust, recounting three separate historical periods over the following twelve hundred years: a dark age, a scientific renaissance, and finally a time of technological achievement where a second nuclear holocaust is imminent. Miller asks the question of (...) whether humans as a species cannot avoid committing acts of sin that cumulatively and continually lead to acts of societal and technological self-destruction; his response oscillates between a fatalistic pessimism (the final extinction of the human species) and a vague optimism (the “new creature,” the mutant Rachel, or perhaps a last group of humans leaving the Earth as the curtain falls). It is my thesis in this article that theological questions about sin (as explored by Augustine and later scholars) can be fruitfully approached by analogous genetic processes; more precisely by reference to the rising science of Epigenetics, which explores how genes can express themselves differently without mutating in response to life stressors. In light of the idea of a genetic and epigenetic expression of moral rules of existence, Augustine’s thesis of original sin as something that is inherited makes new sense. In this light, it may also be possible to approach the question that the Canticle proposes: are we destined to self-destruction, or is there a way out of this destructive cycle? (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)