Abstract and Keywords This chapter offers an account of central issues and themes in feminist philosophical engagements with poststructuralism, reflection on examples of important contributions to this discussion, a discussion of the extent to which feminist work has engaged and critiqued the mainstream of the field, and feminist poststructuralist theorizations of the subject, identity, and culture. It also offers a critical genealogy of the epistemological paradigm poststrustructuralism has come to represent, in search of its continuities and breaks from its foundations (...) furnished by French structuralism, psychoanalysis and tangential links with Marxian critical theory. It argues that the anglophone appropriations of structuralism in postmodern context, as it would have been termed in the French academe, have veered away from the original and purely formal conceptualization of the subject by resorting to what might be called, in Marxian terminology, identity centered reifications. This chapter puts forward the claim that poststructuralist discourse and the neoliberal discourse of individual and social mobility, transformativity and the concomitant proclamation of “the death of ideology” (and history) have established numerous and mutually opportune discursive and ideological correspondences. (shrink)

Identity politics is subject to similar critiques in contemporary public debate and political theory. A central topos of this critique is that identity politics is essentializing: it fixes subjects to their social position and resorts to a politics of particularity that leads to divisions in national citizenship and democratic discourse (the communitarian and liberal position) and to divisions within social movements (the critical position). Contrary to this one-sided critique, we propose a different interpretation with the concept of “constructivist identity politics.” (...) We show that political identities are not essentialistically given, but emerge from processes of social and political construction; that they are actively produced, learned, and practiced by political (sub)cultures and movements. In these processes of construction, political articulation and agency are produced, enabling subjects to critique relations of domination and discrimination. Following radical democratic theory, we argue that the particular political perspectives of identity politics thus enabled do not endanger democracy or solidarity in social movements, but contribute to their further democratization by actualizing the universal principles of democracy in particular disputes. While the construction processes of identity politics tend to essentialize and produce exclusions, critical reflection on such tendencies is also inherent to identity politics. This understanding also enables a critique of such identity politics that is not oriented towards the democratic values of equality and freedom and blocks critical self-reflection. After an overview of contemporary identity politics critique, we elaborate this constructivist understanding following debates in feminist and postcolonial theory since the 1980s. Building on this, we systematically develop the notion of constructivist identity politics by differentiating three aspects of it: subjectification, articulation, and representation. We refer to approaches by Foucault, Rancière, Laclau/Mouffe, and Hall and illustrate the respective aspects through examples of migrant self-organizations as well as gay culture and queer critique. (shrink)

TWENTIETH-CENTURY ETHICS. AFTER NIETZSCHE -/- Preface This book tells the story of twentieth-century ethics or, in more detail, it reconstructs the history of a discussion on the foundations of ethics which had a start with Nietzsche and Sidgwick, the leading proponents of late-nineteenth-century moral scepticism. During the first half of the century, the prevailing trends tended to exclude the possibility of normative ethics. On the Continent, the trend was to transform ethics into a philosophy of existence whose self-appointed task was (...) that of describing the human condition as consisting of choices, as unavoidable as arbitrary, without any attempt at providing criteria for making such choices. In the Anglo-Saxon countries, the heir of ethics was a philosophy of morality, that is, an analysis of the language of morality that intended to clarify valuations without trying to justify them. 1958 was the year of the normative turn that led to the Rehabilitation of practical philosophy, a turn followed by decades of controversies between distinct kinds of normative ethics: utilitarian, Kantian, virtue ethics. While the controversy was raging, a quiet revolution took place, that of applied ethics which surprisingly dissolved the controversy's very subject matter by providing methods for making convergence possible on intermediate principles even when no agreement was available about first principles. The normative turn and the revolution of applied ethics have led us, at the turn of the century, to a goal that was quite far from the starting point. Instead of scepticism and relativism that was the fashion at the beginning of the century, at the beginning of the third millennium impartial and universal moral arguments seem to hold the spot being supported, if not by a final rational foundation, at least by reasonableness, the most precious legacy of the Enlightenment. -/- ● TABLE OF CONTENTS -/- ● I Anglo-Saxon philosophy: naturalism 1. Dewey beyond evolutionism and utilitarianism 2. Dewey and anti-essentialist moral epistemology 3. Dewey and naturalist moral ontology 4. Dewey and normative ethics of conduct and function 5. Perry and semantic naturalism -/- ● II Anglo-Saxon philosophy: ideal utilitarianism and neo-intuitionism 1. Moore's critique of utilitarian empiricism 2. Moore on the naturalistic fallacy 3. Moore on the nature of intrinsic value 4. Moore on ideal utilitarianism 5. Prichard on the priority of the right over the good 6. Ross's coherentist moral epistemology 7. Ross's moral ontology: realism, pluralism, and non-naturalism 8. Ross's normative ethics of prima facie duties -/- The chapter reconstructs the background of ideas, concerns and intentions out of which Moore's early essays, the preliminary version, and then the final version of Principia Ethica originated. It stresses the role of religious concerns, as well as that of the Idealist legacy. It argues that PE is more a patchwork of somewhat diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. -/- ●III Anglo-Saxon philosophy: non-cognitivism 1. The Scandinavian School, the Vienna circle and proto-emotivism 2. Wittgenstein and the ineffability of ethics 3. Russell's and Ayer's radical emotivism 4. Stevenson and moderate emotivism 5. Stevenson and the pragmatics of moral language 6. Stevenson and the methods for solving ethical disagreement 7. Hare and prescriptivism The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of 'good', its non-cognitive meaning, in a first phase identified with 'emotive' meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell's ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson's theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. A section reconstructs the discussion from the Forties about Hume's law, mentioning Karl Popper's argument and Richard Hare's early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- ●IV Anglo-Saxon philosophy: critics of non-cognitivism 1. Neo-naturalism and its objections to the naturalistic fallacy argument 2. Objections to Hume's law 3. Clarence Lewis and the pragmatic contradiction 4. Toulmin and the good reasons approach 5. Baier and moral reasons 5. Baier, social moralities and the absolute morality 6. Baier and the moral point of view 7. Baier and the contents of absolute ethics -/- ● V Continental philosophy: the philosophy of values 1. Max Weber and the polytheism of values 2. Phenomenology against psychologism and rationalism 3. Reinach and the theory of social acts 4. Scheler and the material ethics of values 5. Hartmann and the ontology of values 6. Plessner, Gehlen and the Philosophische Anthropologie -/- The chapter illustrates first the idea of phenomenology and the Husserl's project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the apriori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy conducted in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach's theory of social acts as a key the grounding of norms, a view that sketches the ideas 'discovered' later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section discusses Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of 'values' – with surprising affinities with George E. Moore - than philosophers such as Max Scheler, who claimed to be Husserl's legitimate heirs. -/- ● VI Continental philosophy: the critics of the philosophy of values 1. Freud, the Superego and Civilization 2. Heidegger on original ethos against ethics 3. Sartre and de Beauvoir on authenticity and ambiguity 4. Adorno and Horkheimer on emancipation and immoralism -/- ●VII Post-liberal theologians and religious thinkers 1. Barth on the autonomy of faith from ethics 2. Developments of Reformed moral theology after Barth 3. Bonhoeffer on the concrete divine command and ethics of penultimate realities 4. Developments of Reformed and Catholic moral theology after world war II 5. Baeck and the transformation of liberal Judaism 6. Rosenzweig against liberal Judaism 7. Buber and religion as the vital lymph of morality 8. Heschel and Judaism as a science of actions -/- The chapter examines the main protagonists of Christian theology and Jewish religious thinking in the twentieth century. It stresses how the main dilemmas of contemporary philosophical ethics lie at the root of the various path of inquiry taken by these thinkers. -/- ● VIII Normative ethics: neo-Utilitarianism 1. The discussion on act and rule utilitarianism 2. Hare on two-tiered preference utilitarianism 3. Harsanyi, Gauthier and rational choice ethics 4. Parfit, utilitarianism and the idea of a person 5. Brandt and indirect conscience utilitarianism -/- The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick's and Moore's fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine refuted. Two examples give the reader a glimpse at this uproarious process. The first is Roy Harrod Wittgensteinian transformation of utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This transformation results in preference utilitarianism combined with a 'Kantian' version of rule utilitarianism. The second is Richard Hare's two-level preference utilitarianism, where act utilitarianism plays the function of the eventual rational justification of moral judgments and rule-utilitarianism that of an action-guiding practical device. -/- ● IX Normative ethics: neo-Aristotelianism and virtue ethics 1. Hannah Arendt, action and judgement 2. Hans-Georg Gadamer and phronesis 3. Alasdair MacIntyre on practices, virtues, and traditions 5. Stuart Hampshire on deliberation 6. Bernard Williams and moral complexity 7. Feminist ethics -/- Sect 1 reconstructs the post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named 'Rehabilitation of practical philosophy' is described. Heidegger's most brilliant disciples were the promoters of this Rehabilitation. Hans-Georg Gadamer is a paradigmatic example. His reading of Aristotle's lesson I reconstructed, starting with Heidegger's lesson but then subtly subverting its outcome thanks to the recovery of the significant role of the notion of phronesis. Sect 3 discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. It argues that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. The chapter gives a short look at further developments in the neo-naturalist current trough a reconstruction of Philippa Foot's and Peter Geach's critiques to the naturalist-fallacy argument and Alasdair MacIntyre's grand reconstruction of the origins and allegedly inevitable failure of the Enlightenment project of an autonomous ethic. -/- ● X Normative ethics: Kantian and rights-based ethics 1. Dialogical constructivism 2. Apel, Habermas and discourse ethics 3. Gewirth and rights-based ethics 4. Nagel on agent-relative reasons 5. Donagan and persons as ends in themselves Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This current started with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. The chapter offers an examination of his argument in some detail, followed by a more cursory reconstruction of Jürgen Habermas's elaboration on Apel's theory. -/- ● XI The applied ethics renaissance 1. Elisabeth Anscombe on the atom bomb 2. From medical ethics to bioethics 3. Rawls and public ethics 3. Nozick, Dworkin and further developments of public ethics 5. Sen and the revival of economic ethics -/- The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin's new casuistry. The chapter argues that Rawls's distinction between a "political" and a "metaphysical" approach to the theory of justice, one central part of ethical theory, is a formulation of the same basic idea at the root of both the principles approach and the new casuistry, both discussed in the following chapter. The idea is that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls' view never will be close – on the essential criteria for judgment. -/- ● XII Fin-de-siècle metaethics 1. Deontic logics 2. Anti-realism 3. External realism 4. Internal realism 5. Kantian constructivism -/- The chapter illustrates the fresh start of meta-ethical discussion in the Eighties and Nineties and the resulting new alignments: metaphysical naturalism, internal realism, anti-realism, and constructivism. (shrink)

In this paper, I discuss a view of de re thoughts that can be naturally endorsed in the wake of Russell's account. This is the view that a thought is about the very thing (res) rather than a mere characterization of it if and only if it is constitutively tied, if not to the existence, at least to the identity of its object and the thinker knows which/who the object of his/her thought is. Faced with the challenge of accommodating far (...) from uncommon cases of mistaken identity or substantial confusion on the part of the subject, I argue that the integrity of the view can be preserved and that the restrictions set on its truth by the advocates of the two-component picture and the anti-essentialists can be lifted. (shrink)

In ordinary language, in the medical sciences, and in the overlap between them, we frequently make claims which imply that we might have had different gametic origins from the ones we actually have. Such statements seem intuitively true and coherent. But they counterfactually ascribe different DNA to their referents and therefore contradict material-origin essentialism, which Kripke and his followers argue is intuitively obvious. In this paper I argue, using examples from ordinary language and from philosophy of medicine and bioethics, that (...) statements which attribute alternative material origins to their referents are useful, common in political and medical reasoning, and in many cases best interpreted literally. So we must replace the doctrine of material-origin essentialism with one that can make sense of ordinary discourse and the language of the medical sciences. I propose an anti-essentialist account of such counterfactuals according to which individuals’ modal properties are relative to a given inquiry. (shrink)

Reading Foucault’s work on power and subjectivity alongside “developmentalist” approaches to evolutionary biology, this article endorses poststructuralist critiques of political ideals grounded in the value of subjective agency. Many political theorists embrace such critiques, of course, but those who do are often skeptical of liberal democracy, and even of normative theory itself. By contrast, those who are left to theorize liberal democracy tend to reject or ignore poststructuralist insights, and have continued to employ dubious ontological assumptions regarding human agents. Against (...) both groups, I argue that Foucault’s poststructuralism must be taken seriously, but that it is ultimately consistent with normative theory and liberal democracy. Linking poststructuralist attempts to transcend the dichotomy between agency and structure with recent efforts by evolutionary theorists to dissolve a similarly stubborn opposition between nature and nurture, I develop an anti-essentialist account of human nature and agency that vindicates poststructuralist criticism while enabling a novel defense of liberal democracy. (shrink)

Observers have noted a decline (in the US) in attributions of genetically-based inferiority (e.g. in intelligence) to Blacks, and a rise in attributions of culturally-based inferiority. Is this "culturalism" merely warmed-over racism ("cultural racism") or a genuinely distinct way of thinking about racial groups? The question raises a larger one about the relative place of biology and culture in racist thought. I develop a typology of culturalisms as applied to race: (1) inherentist or essentialist culturalism (inferiorizing cultural characteristics wrongly but (...) intelligibly regarded as inhering in the nature of racial groups). This view has an historical pedigree in the work of J.G. von Herder, and the tradition of "national racism." (2) non-inherentist culturalism (groups regarded as possessing changeable, malleable inferiorizing cultural characteristics). (3) colonalist culturalism (colonial subjects regarded as uncivilized but capable of becoming civilized under European tutelage). (4) neo-racism (cultures of former colonial subjects in or potentially immigrating to European countries are regarded in an inherentist manner and incompatible with but not inferior to European cultures). Non-inherentist culturalism (#2) can be put to either a racist or an anti-racist use. (shrink)

In the first part of this series it was argued that there is an inextricable bond between economic and cultural liberalism such that when Catholics identify the faith with the defence of neoliberal economics, even though they may oppose abortion, they end up promoting exactly that which they oppose. In this the second part this point is expanded upon and the argument made more explicit and that by reference to Pope Francis’ recent Apostolic Exhortation, Gaudium Evangelii. The Exhortation evidences a (...) view of matters economic that sits ill with capitalism, a point understood by Catholic commentators who champion Neoliberalism. This essay argues that Francis’ comments are nothing new, especially when compared to what John Paul II and Benedict XVI have written on the subject; indeed, that Francis’ Exhortation can be seen as a tempering of their critique of economic liberalism. The essay attempts to tease out what it is that informs the critique of the popes and shows that it has to do with what flows out from the rejection of metaphysics proper, a rejection that defines Modernity, and which ends in the deracination of all things such that even the very concept of ‘substance’ is dissolved and, thereby, all is made plastic and malleable, including human life. The important point the essay wishes to make is this: the popes are quite clear that the form a culture’s economy takes can both ground and exacerbate this anti-essentialist logic, what’s more the economy above all others that does this is the one they identify with neoliberal capitalism. As a consequence, Catholics who champion this form of economic theory must think seriously as to whether or not they or the popes are wrong on this matter. (shrink)

The paper aims at disclosing the process of writer identity enactive construal in narrative writing. Three constituent parts of identity discoursal construction in the narrative are social semiotics as a reflection of the social environment, cultural identity theory as the embodiment of cultural choices and preferences, and pragmatics (Charles S. Peirce). The following research questions have been formulated: (1) What is the nature of identity construction? (2) What rhetorical factors influence identity construal in narrative discourse? By providing a step-by-step analysis (...) of thematic structure, the paper conducts a discourse analysis of narrative episodes in terms of Agent, Process, and Medium triad (Halliday, 1973), reflecting the mechanisms of reader’s manipulation with information as a dynamic semiotic process of interpretation, limited by a final interpretant. (shrink)

Basic understandings of subjectivity are derived from the principles of masculine embodiment such as temporal stability and singularity. But pregnancy challenges such understandings because it represents a sort of splitting of the body. In the pregnant situation, a subject may experience herself as both herself and an other, as well as neither herself nor an other. This is logically untenable—an impossibility. If our discourse depends on singular, fixed referents, then what paradigms of identity are available to the pregnant subject? What (...) could be the pregnant subject's ontology? -/- Eric Bapteste and John Dupré offer the idea that organisms are processual beings. In their view, the ecological interrelationships between the objects of biology are defining, and render them dynamic processes, rather than stable things. Does Bapteste and Dupré’s processual ontological account accommodate pregnant organisms, including pregnant people? -/- Here, I analyze the processual account and determine whether it can accommodate the phenomenon of pregnancy. I find that a processual ontology captures a great deal about pregnant embodiment and is a significant improvement over Cartesian and anti-metaphysical accounts. However, in order to accommodate pregnancy, what we still need from an ontology is the inclusion of subjectivity. (shrink)

In our paper we investigate a difficulty arising when one tries to reconsiliateessentialis t’s thinking with classification practice in the biological sciences. The article outlinessome varieties of essentialism with particular attention to the version defended by Brian Ellis. Weunderline the basic difference: Ellis thinks that essentialism is not a viable position in biology dueto its incompatibility with biological typology and other essentialists think that these two elementscan be reconciled. However, both parties have in common metaphysical starting point and theylack explicit (...) track of methodological procedures. Methodological inquiry involves less demandingassumptions than metaphysical, and therefore it is justified to analyse abovementioned discrepancy between Ellis and other essentialist in this context. We do it by bottom-up investigation whichfocuses on the practice of taxonomists in the particular field of biology. A case study helps us todiscover four characteristics of biological typology practice: impossibility of algorithmization,relativity, subjectivity and conventionality. These features prove non-realistic and therefore anti-essentialistic character of biological classification. We conclude by saying that any essentialismrelated to the notion of biological kind cannot be regarded as justified by scientific enterprise of creating typologies. (shrink)

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

The democratic surprises of 2016—Brexit and the Trump phenomenon—fueled by “fake news”, both real and imagined, have come to constitute a centrifugal, nationalistic, even tribal moment in politics. Running counter to the shared postwar narrative of increasing internationalism, these events reignited embers of cultural and moral relativism in academia and public discourse dormant since the culture wars of the 1990s and ‘60s. This counternarrative casts doubt on the value of belief in universal human rights, which many in the humanities and (...) social sciences argue have of late been used as instruments of postcolonial oppression. This book essay introduces three texts written before the dawn of the latest “post-truth” era—The Sociology of Human Rights by Mark Frezzo, The Political Sociology of Human Rights by Kate Nash, and Keeping Faith with Human Rights by Linda Hogan—that address moral skepticism of human rights. Along with these authors, the essay briefly treats human rights’ past and prospects, analogizing it to the waves of feminist thought: in international politics, developing nations first desired a seat at the table and repeal of discriminatory laws and practices; when one-nation-one-vote did not result in equal treatment, the persistence of hierarchy helped developing nations awaken to their own evolving national identities and they wished to be recognized as not only equal, but different and unique. The essay recapitulates and amplifies these authors’ argument that the contemporary challenge for all nations, their citizens, and for the human rights community is to deliberatively decide what values unite these identities beyond simple self-determination and extend them toward the goal of a just global whole. The essay also makes an original contribution in summarizing the initial post-war debate in the United Nations that birthed the 1948 Declaration of Human Rights, which has been subject to revisionism and perspectivism typical of cultural and moral relativism. It provides some social scientific, historical, and philosophic grounding for serious conversation of the ideas of truths in politics, and universal, transcultural goods and rights that underpin the authority of the international human rights regime in theory and practice. It does so while recognizing the serious epistemological challenges to this universalist conception, chiefly: how a social construct can be both time-bound human creation and continue to be morally binding across space, time, and the accelerated change global citizens of all corners are experiencing, simultaneously yet in their own way. (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)

The discourse of ‘the end of ideology’ put forward by Bell in 1960 was centred on the notion that an ideological consensus had been reached, especially in developed countries, and that ideologies were no longer necessary given that economic growth had replaced political growth as the predominant subject of debate. With the fall of the Berlin Wall and the collapse of real socialism in parallel to the breakup of the USSR, the discourse that liberalism constitutes the dominant and only paradigm (...) rose dramatically in prominence alongside the neoliberal policies implemented following the economic crisis in the 1970s. Undoubtedly, one of the most important works in this trend was the ‘end of history’ thesis put forward by Fukuyama in the 1990s. This study is rooted in the need to reconsider these ‘finalisation’ theses founded on liberalism’s supposed lack of alternatives in the aftermath of the 2007–2008 global financial crisis. Offering a critique of historical economic-political liberalism, it aims to demonstrate the failure of these ending theses, both of which are still accepted and promoted by defenders of neoliberalism. This study employs historical and hermeneutic qualitative research methods. Its most important finding is that neoliberalism cannot be both a political and an economic ‘end’. (shrink)

This doctoral thesis examines the phenomenon of Filipinization, specifically understood as the ideological construction of a “Filipino identity” or ‘Filipino subject-consciousness” within the highly determinate context provided by the Filipino ilustrado nationalists such as José Rizal, Marcelo H. del Pilar and their fellow propagandists inasmuch as it leads to the nineteenth (19th) century construction of the modern Philippine nation. Utilizing Jacques Derrida’s deconstructive thinking, this study undertakes a genealogical critique engaged on the concrete historical examination of what is meant by (...) the term “Filipino” across a select historical timeline (1864-1898) and the various notions of Filipino identity implied by the different contexts within which the term “Filipino” has been employed. More specifically, it undertakes a selective philosophical excavation of three seminal texts in the history of Filipinization, viz.: 1) the Manifiesto of Padre Jose Burgos; 2) the writings of the Filipino ilustrados in La Solidaridad; and 3) Jose Rizal’s Annotations on Dr. Antonio de Morga’s Sucesos de las Islas Filipinas. -/- The philosophical claim of this work is the idea that Filipinization, taken as the differential construction of Filipino identity, is the effective translation of the colonial epistemic violence of Eurocentric racism and its consequent “horror of absolutism” into the homo-hegemony of Filipino nationalisms. By fetishizing the notion of a carefully constructed and essential “Filipino-identity,” Filipinization and the current nationalist discourses that utilize them, unwittingly, stands complicit with the same colonial violence and hegemony that they wish to combat. This happens precisely when the very structures of colonial oppression, on the ideological and practical levels, are transmogrified into nationalist ideals that assume legal and political power unto themselves in a self-referential and self-legitimating fashion. -/- Three processes will demonstrate the above thesis: first, by examining historical texts and setting itself against established nationalist historiographies, a genealogical analysis of the term “Filipino” reveals it as a pliable signifier whose semantics have evolved through time. From its originary referent in the Spanish criollo (creole), it has come to refer to people who would have been otherwise entirely alien to this class, viz., the mestizos (both Spanish and Chinese), the principalia (native elite), and eventually, the lowland Catholicized natives themselves. The historical hermeneutic of this identity-discourse in Padre José Burgos’ Manifiesto yields the fact that what gives the term “Filipino” its semantic consistency as a class concept is its essential constitution as a Hispanic and Catholic identity. -/- Second, from this semantic identification of the term “Filipino” as a Hispano-Catholic identity, we proceed to clarify the meaning of Filipinization in terms of the nationalist propaganda carried out by the Filipino ilustrados in the fortnightly periodical La Solidaridad. Here, the specific ilustrado construction of Filipino identity as a Spanish citizen (ciudadano Español) is revealed precisely as a political and legal construct that served as the basis for their own politics of social inclusion/exclusion. Filipinization can only be applied to those who have been hispanized and Christianized and never to those tribes who have resisted and remained outside Spanish colonial authority. Filipinization is thus revealed as a process of Hispanization and Christianization whereby the recipients of Spanish colonial hegemony are transformed into the religiously docile bodies of the Spanish Empire. -/- From this highly determinate context, the study proceeds to examine Rizal’s ontological grounding of collective Filipino-ness in the mythological construction of the pre-hispanic past as the source of a unique Filipino ancestrality. In his work on de Morga’s Sucesos, what is revealed is a mythologization that grounds a native, essential Filipino identity within a past unscathed by the Spanish colonial experience. Such mythologization, however, can only be possible through an anachronistic nationalist interpretation of historical data. Here, Filipinization is revealed as an exclusive prerogative, a nationalist program by which Rizal and the ilustrado class can combat the evils and excesses of the Spanish colonial enterprise. Ironically, though, this same struggle for emancipation also became an instrument by which the ilustrado class can retain their unjustified position of power over those who belonged to the colonial underside, thus, securing the possibility of perpetuating their own ilustrado bourgeois class interests. -/- Such discursive complicity is the essence of the myth of Filipinization: it presents nationalist identity discourse as an anti-colonial enterprise while being underlined by an economy of motives designed to cater primarily to the exclusive interests of the elite and ilustrado class. Thus, instead of securing the genuine, inclusive emancipation of all colonial subjects and a more humane existence for the poor and suffering majority, ilustrado nationalism has, ironically, merely reinforced those operative structures of colonial discrimination and oppression when the ilustrados: 1) grounded their racial theory upon the very same discourse of Eurocentric superiority that they are precisely supposed to question and 2) claimed a patrimony over Filipinas as their exclusive sovereign inheritance. These two factors illustrate how the manifest transfer of power from the Spanish Empire to the Philippine sovereign nation (and later as a nation-state) illustrate how Filipinization merely has transmogrified the face of Spanish colonialism into its new, subtle, and worse form in Filipino nationalism. -/- In this vein, the existence of the 19th century modern Philippine nation merely masked and deferred the crisis that was supposed to transfer power from the Spanish Empire to the multitude of the poor and suffering native indio majority. This crisis became all the more difficult to address be-cause of the duplicitous character of the discourse of Filipinization itself. It has not only effectively transferred power into the hands of the nationalist elite but also captured authentic emancipatory discourse within the identity-trap against which it can only hope to get out. This study concludes with the claim about the impossibility of ever escaping and overcoming the epistemic and practical violence necessarily contained within the historical discourse of colonialism. Or simply, we have no language or discourse that would enable us to overcome the complicity of Filipinization with the very (epistemic) violence against which it has set itself. (shrink)

Technology has already been part of our way of life. It is being used in the social world for social innovation and communication. It has become significant in human world for creation, but has also become an instrument for destruction. It challenges human reason for it becomes the reason itself. Such human reason is the essence of humanity, hence, humanism is equated to human reason. Likewise, it claims the ending of humanism for it enters in the discourse of posthumanism (...) in the technological realm. In this case, there is a need to clarify the idea of posthumanism that at same time uphold and will robust the sense of humanity. The study aims to articulate ethical concepts based on the idea of posthumanism as the study argues posthumanism as the synthesis of man and technology relation. The research design is qualitative in nature specifically a philosophical research employing two levels of analysis; synthesis and constructivism. The former is used to explicate and consolidate ideas on posthumanism and the latter is used to form concepts and principles on the ethical valuations. The study then presented threefold principles based on the ethical valuations on posthumanism vested in neutral position. (shrink)

This article offers a novel, conservative account of material constitution, one that incorporates sortal essentialism and features a theory of dominant sortals. It avoids coinciding objects, temporal parts, relativizations of identity, mereological essentialism, anti-essentialism, denials of the reality of the objects of our ordinary ontology, and other departures from the metaphysic implicit in ordinary ways of thinking. Defenses of the account against important objections are found in Burke 1997, 2003, and 2004, as well as in the often neglected six (...) paragraphs that conclude section V of this article. (shrink)

In this essay I address the question, “What is the subject matter of phenomenological research?” I argue that in spite of the increasing popularity of phenomenology, the answers to this question have been brief and cursory. As a result, contemporary phenomenologists lack a clear framework within which to articulate the aims and results of their research, and cannot easily engage each other in constructive and critical discourse. Examining the literature on phenomenology’s identity, I show how the question of phenomenology’s subject (...) matter has been systematically neglected. It has been overshadowed by an unending concern with phenomenology’s methodological identity. However, an examination of recent contributions to this literature reveals that a concern with articulating phenomenology’s subject matter has gradually increased, although such articulations remain preliminary. In light of this, I delineate, define, and illustrate three layers of phenomenological research, which I term “existentials,” “modes,” and “prejudices.” While the delineation of these layers is drawn primarily from classical phenomenological texts, they are defined and illustrated through the use of more contemporary literature. Following the articulation of this subject matter, I briefly consider some of the debates—both foundational and applied—that can be facilitated by the adoption of this framework. (shrink)

Education fundamentally focuses on 'individuals', whose human value is rooted in the expression of 'self-identity'. This process is influenced by their social rank and linguistic culture, and within varied discourses and ideological communities, different 'self-identity values' emerge. This applies to all individuals, whether they are citizens or women, and encompasses complex social metaphysical questions. For instance, how do we define social identities such as poverty, disability, privilege, or femininity? 'Intuition' and 'common sense' often fail in such definitions, especially in recognizing (...) exceptions like gender identification, which challenges the distinctions between biological sex and gender identity. The paper analyzes 'Social Historical Structuralism' and ' Performative Theory' to see if they address the challenges of 'Essentialism'. It assesses both pluralism and monism and the autonomy of the 'true self' in educational philosophy's core concepts, grounded in the philosophy of self-identity. This study starts from female community perspectives, addressing women's disadvantaged status in social and linguistic structures and the impact of individualism on gender mainstreaming. This paper concludes by re-evaluating monistic approaches and considering the equitable recognition of community members' autonomy, underscoring the importance of self-identity in educational philosophy amidst the growing influence of identity politics in Western education. -/- Keywords: Self-Identity and Educational Philosophy, Social Metaphysics, Class and Identity, Ideology and Autonomy . (shrink)

This essay highlights a methodological weakness in Foucault’s genealogy of neoliberalism often mistaken for a biographical shift in his philosophy. Naissance de la biopolitique is sometimes interpreted as evidence for Foucault’s conversion to neoliberalism, whereas its lack of critical acuity stems rather from its methodological limitations. Through a discussion of the “neoliberal conversion”-thesis, I highlight those limitations. Though Foucault’s appreciative tone in his neoliberalism lectures is surprising, his aim is mainly to defamiliarize readers from the dominant mode of neoliberal rationality (...) so that they can affirm the creative potential to foster new conducts, new identities, and new rationalities. Foucault did not convert to neoliberalism, but sought to destabilise it by revealing its historical contingency. However, as Foucault’s surprisingly positive tone shows, this strategy is insufficient for combatting neoliberalism. There is an elective affinity between Foucault’s own politics of creative self-reinvention and neoliberalism’s promise of a non-invasive, post-disciplinary government by indirect economic incentives alone. Foucault’s libertine stance toward subjectivity hence seems easily integrated into a neoliberal conduct of conducts. I propose to supplement Foucault’s genealogical method as he deploys it in Naissance de la biopolitique with an immanent critique of neoliberalism from the perspective of the governed. Rather than investigating neoliberal rationality as a promising endeavour for the future, we can study the real-life implementations of neoliberalism and their effects on subjective conducts. Neoliberal rationality is involved in a permanent struggle to shape the conduct of conducts along entrepreneurial and competitive lines, but subjects are refractory living beings whose conducts are not so simply transformed. Neoliberalism has had to give up its post-disciplinary aspirations and turn to the power of discipline and abandonment to enforce neoliberal norms of conduct. Neoliberalism has transformed into a negative biopolitics that sacrifices the lives of unproductive subjects as collateral damage to the overall welfare of the population. Immanent critique thereby reveals how subjects are pushed beyond their limits until neoliberal norms of conduct become unbearable. This intolerability of neoliberalism cannot be directly deduced from the writings of Becker, Friedman, or Hayek.111 It becomes manifest in the confrontation between neoliberal rationality and the material living bodies of finite human beings unable to be stretched in the ways neoliberalism requires. (shrink)

This paper examines recent forms of post-identity thought within contemporary gender theory, specifically the works of Rosi Braidotti, Elizabeth Grosz and Bobby Noble. Despite the many insights that these theories offer, I argue that they suffer from what Lois McNay has labelled ‘social weightlessness’ insofar as their models of subjectivity and agency are disconnected from the everyday realities of social subjects. I identify two ways in which this social weightlessness is manifested in radical gender theories that endorse a post-identity politics: (...) (i) they overlook the social and political importance to many individuals of establishing stable, coherent identities; (ii) they are unable to offer a satisfactory account of agency. I suggest that these issues arise, at least in part, from the anti-recognition stance adopted by such radical gender theorists. I argue that by incorporating a properly nuanced model of recognition back into their theories they can imbue their accounts with a properly grounded model of the subject that is responsive to the inequalities and oppressions that infuse the particular concrete contexts in which we experience and live out our identities. (shrink)

Using hokku poet Basho’s aesthetics of wandering, as defined by Thomas Heyd, I argue that, by detailing the excruciating pointlessness of work undertaken according to commands that take little or no account of their feasibility, Richard Flanagan’s novel, The Narrow Road to the Deep North (which takes its title from Basho's work) transforms the features of this aesthetics into the lived experience of prisoners of war on the ‘line’. In doing so, Flanagan transfers Basho’s aesthetics into a represented actuality through (...) the privileging of subjectivity over identity and the dissolution of the body on the line. The three prongs to Basho’s aesthetics are found in Flanagan’s novel. In this, Flanagan is identifying the complexity of meanings evident in the terminology of such aesthetics, rendering what appears positive in the context of Basho’s poetry negative in its practical application as this is articulated through the prisoners’ wartime experiences. Rather than being formative, Flanagan’s novel suggests wartime experience has a complexly ‘opposite’ effect. This is apparent in the complications of identity represented in post-war terms as a disunity (rather than a coherent unity), as articulated through the use of spatial metaphors that reverse the formative intensities of subjectivity and body through symbolic acts of dispersal and dissolution. (shrink)

Emancipatie en integratie, nationalisme, machtsonderdrukking en privileges, (super)diversiteit en erkenning. Het zijn slechts een paar van de beladen termen waar we tegenwoordig veel mee geconfronteerd worden, en dat in de context van persoonlijke identiteitsvorming als in debatten omtrent groepsidentiteit, de vraag naar minderheidsrechten en de gepercipieerde conflicten met de zogenaamde democratische Westerse Verlichtingsidealen die daar vervolgens uit voortkomen. Heel veel van deze politieke discussies die momenteel gevoerd worden binnen de politiek en de media draaien om ‘identiteit’, waardoor dit concept helaas (...) tot een gepolitiseerd en polariserend begrip verworden is. (shrink)

Type identity theory was dismissed in 1967 by many philosophers due to Hilary Putnam’s multiple realisability objection seeming fatal. This paper delves into a critique of type identity theory, thereby paving the way for introducing an alternative theory of mind: emergentism. The longstanding philosophical discourse around the mind has been dominated by the binary opposition of classical physicalist and dualist theories. However, the impact of scientific discovery on contemporary thought has sparked an increasing inclination towards reductive physicalist frameworks, with the (...) aim of aligning with the scientific method. Thus, contemporary thinkers have branched out to explore new physicalistic ideas. This paper examines the inherent challenges in all reductive physicalist theories, shedding light on their limitations and proposing potential solutions to overcome the obstacles. This analysis demonstrates that type identity theory, akin to its reductive counterparts, fails to accommodate for the irreducibility of consciousness. This is consciousness as characterised by Thomas Nagel’s “what is it likeness” of experience, which is inherently subjective. Instead, this paper contends that emergentism offers a compelling alternative despite being a physicalist theory. It posits consciousness as a higher-order phenomenon, one that transcends reduction to its constituent components. I argue that this attribute of emergentism makes it a promising theory in the ongoing quest for an understanding of the mind and consciousness. (shrink)

This book addresses a central dilemma in critical theory today: how to theorize the subject as both a construct of oppressive discourse and as a dialogical agent. By engaging a wide range of leading philosophical and critical thinkers—James, Habermas, MacIntyre, Rorty, Taylor, Derrida and West are all critiqued—Meili Steele proposes linking language with human agency in order to develop an alternative textual and ethical theory of the subject. Developing this theory through readings that address issues of identity politics, race and (...) feminist theory, Steele argues that we do not have to choose between an idealized or demonized modernity, offering new ways of understanding the ethical and political dimensions of imaginative narratives. (shrink)

examine the dominant conversations on cultural appropriation. The first part of the essay will examine the ideological configuration of what constitutes cultural appropriation (hereafter as CA) first, as the politics of the diaspora and second, within a normative understanding of culture and its diachronic contradictions. This will be followed by a critical reevaluation of our subject theme as primarily a discourse of power with multiple implications. Framed as a discourse of power, CA is equally exposed to ideological distortions, and its (...) critics becoming afflicted with the same virus they set out to cure in the first place. I am interested in the aspect of culture as a constant location of tensions and rupture, yet constitutive of core credential in the making of modern identity. I argue that the failure of dominant criticisms of cultural appropriation is precisely because they do not leave epistemic space for prior commitments: the internal variation of culture. If as critics have argued that CA enables cultural violence, we need to understand the epistemic space where cultural violence occurs in order to make a meaningful proposal for identity discourse and conversation. I will make a case for what may be termed multiple humanity (ies) as a way of transcending the homogenous claims imposed upon cultural memories. (shrink)

In the contemporary era, English language performs a crucial role in global transformation and exchange. Diversification and modification of the language has not only diminished the age-old occidental/oriental dichotomies but has caused a complete erasure of the cartographical divisions of nation-state across the world. This language through a continuous process of colonial and marketing exchanges has become the primary source of universal contact. The acceptance and impact of English varies from nation to nation. English may have been introduced as a (...) formal communicative procedure in Europe, but in the continents of Africa, Asia, America or Australia the language was introduced as a powerful colonial discourse and it is still flourishing as a neo-imperialistic discourse in several countries. This paper highlights the function of English in post-independent India, imploring the gradual transcendence of the language from mere colonialism to globalism. The language has been re-explored and rediscovered as an anti-colonial weapon to escape from the colonial shadow and establish universally distinct language identity. Most fascinating aspect about India is that English has been mimicked and molded on the basis of distinctive language communities spread across different states. Indianized version of English is not a centrally complete concept, but exists through its regional differences. Shedding its capitalist and colonialist identity, today English has emerged as a successful anti-colonial weapon in India to encounter all forms of imperialism or neo-imperialism. (shrink)

This article revisits the ethical and political questions raised by feminist debates over essentialism, the belief that there are properties essential to women and which all women share. Feminists’ widespread rejection of essentialism has threatened to undermine feminist politics. Re-evaluating two responses to this problem—‘strategic’ essentialism and Iris Marion Young’s idea that women are an internally diverse ‘series’—I argue that both unsatisfactorily retain essentialism as a descriptive claim about the social reality of women’s lives. I argue instead that women have (...) a ‘ genealogy’: women always acquire femininity by appropriating and reworking existing cultural interpretations of femininity, so that all women become situated within a history of overlapping chains of interpretation. Because all women are located within this complex history, they are identifiable as belonging to a determinate social group, despite sharing no common understanding or experience of femininity. The idea that women have a genealogy thus reconciles anti-essentialism with feminist politics. (shrink)

Aristotle is essentially human; that is, for all possible worlds metaphysically consistent with our own, if Aristotle exists, then he is human. This is a claim about the essential property of an object. The claim that objects have essential properties has been hotly disputed, but for present purposes, we can bracket that issue. In this essay, we are interested, rather, in the question of whether properties themselves have essential properties (or features) for their existence. We call those who suppose they (...) do “property essentialists”; those who do not, “property anti-essentialists,” or “quidditists.” We offer two complementary arguments. Our total argument is under-girded by two assumptions: transworld identity theory and “received view” counterfactual semantics, a la David Lewis. We then argue that, if one presumes that these are true, then one risks running headlong into paradox if one also accepts property anti-essentialism. That's the first argument. By contrast, if one accepts these same assumptions in conjunction with property essentialism, then the paradox is avoided. This is the second argument. We take it that our arguments work to show that, between property essentialism and quidditism, the property essentialist is on better footing. Plausibly, properties themselves do have essential properties for their existence. (shrink)

Proponents of the this-universe objection to fine-tuning arguments for a multiverse claim that while the multiverse hypothesis raises the probability that some universe is fine-tuned for life, it fails to raise the probability that this one is. Because that is so, they further argue, those who take the fine-tuning of this universe as evidence for a multiverse are guilty of a probabilistic fallacy. Some opponents of the this-universe objection contend that it turns on contentious assumptions regarding the essential properties of (...) universes and agents. In particular, it is alleged to turn on the assumption that universes fail to have their nomic properties essentially as well as on the assumption that we could not have existed in other universes. I argue by contrast that the this-universe objection does not depend on these assumptions. (shrink)

It has been commonplace to equate Foucault’s 1979 series of lectures at the Collège de France with the claim that for neoliberalism, unlike for classical liberalism, the market needs to be artificially constructed. The article expands this claim to its full expression, taking it beyond what otherwise would be a simple divulgation of a basic neoliberal tenet. It zeroes in on Foucault’s own insight: that neoliberal constructivism is not directed at the market as such, but, in principle, at society, arguing (...) that the value of this insight goes beyond the critique of a neoliberal present. The neoliberal rationale rather helps him to reveal a unique historical architecture, a latent approach to the social dissimilar to the one that has long predominated in the human sciences. The inversion of homo œconomicus in neoliberal theory amounted to the unearthing of a ‘social subject of interest’ within civil society. Such a subject, barely recognized by neoliberals who simply instrumentalize it for the sake of the market, demonstrates that the social is not necessarily the natural product of ethical subjects; that society may also need to be constructed. (shrink)

Are values objective or subjective? To clarify this question we start with an overview of the main concepts and debates in the philosophy of values. We then discuss the arguments for and against value realism, the thesis that there are objective evaluative facts. By contrast with value anti-realism, which is generally associated with sentimentalism, according to which evaluative judgements are grounded in sentiments, value realism is commonly coupled with rationalism. Against this common view, we argue that value realism can (...) be combined with sentimentalism, and we suggest that a plausible account, which we call ‘sentimental realism’, and according to which evaluative judgements are closely related to emotions, can be developped. (shrink)

In the political discourse regarding gender identity, the concept of biological sex has been weaponised by gender critical commentators to oppose gender affirmation for trans people. Recently, these commentators have appealed to an essentialist model of sex based on anisogamy, or relative gamete size, to argue that one’s sex is an immutable characteristic. I argue that the gender critical argument is unsound. The diverse purposes of sex classification and the complex variability of people’s sexual characteristics show that an essentialist model (...) is untenable. I then consider how a more adequate theoretical framework from the philosophy of biology can accommodate this complexity and capture how sex is classified in relevant contexts. Further implications of the framework are explored which concern the vagueness, polysemy, and mutability of sex. These undercut the gender critical argument and show that the appeal to biological sex fails to undermine gender affirmation for trans people. (shrink)

I present a novel position vis-à-vis the views in the Latin American philosophy literature regarding whether subjects more aptly use "Hispanic" or "Latinx" to refer to Hispanic- or-Latinx people. To this end, I will argue (C) the term "Afro-Latinx" is more apt than "Hispanic" or "Latinx" in a significant number of cases. This conclusion is based on three premises. The first premise (P1) is that use of "Afro-Latinx" provides subjects with understanding of how certain events depend on anti-Black racism, (...) US society's racially unjust structure and US colonial policy. The second premise (P2) is that that neither the term "Hispanic" nor the term "Latinx" provide subjects with this understanding of how certain events depend on anti-Black racism, US society's racially unjust structure and US colonial policy. The third premise (P3) is that the term "Afro-Latinx" provides subjects with more understanding of these events than the terms, "Hispanic" and "Latinx.” I present three cases which feature the experiences of Afro-Dominican people. The 1992 murder of Dominican man Kiko García by New York Police officer O’Keefe is first case. The second case is the Washington Heights Uprising that ensued Kiko García’ murder. An instance where a nightclub bouncer in the Dominican Republic denies a Dominican women entry because of her hair texture composes the third case. (shrink)

“I am only what I make myself to be”, Fichte tells us. In this paper, I outline Fichte’s views on sex, marriage and gender, with two aims. Firstly, to elucidate an aspect of his moral theory which has received little attention, and secondly to argue that Fichte’s distinctive stance on selfhood, freedom, and normativity lead to a revisionary account of gender expression and identity, where people can freely carve out their own identity, irrespective of “nature”. In this paper, I therefore (...) outline Fichte’s own views, highlighting what I see as a tension in the texts between essentialism and antiessentialism about gender, before reconstructing a neo-Fichtean view which foregrounds the anti-essentialist aspect. (shrink)

The precondition of any feminist politics – a usable category of ‘woman’ – has proved to be difficult to construct, even proposed to be impossible, given the ‘problem of exclusion’. This is the inevitable exclusion of at least some women, as their lives or experiences do not fit into the necessary and sufficient condition(s) that denotes group membership. In this paper, I propose that the problem of exclusion arises not because of inappropriate category membership criteria, but because of the presumption (...) that categories can only be organised by identity relations or shared properties among their members. This criterion of sameness as well as the characterisation of this exclusion as essentialism attests to a metaphysics that is not conducive to resistance and liberatory projects. Following a strain of hybrid thinking in feminist and post-colonial theory, I outline an alternative pluralist logic that confronts oppressive binaries that impede theory work in gender, sexuality, and race theory, and limit political action and resistance. The problem of exclusion is neither irresolvable nor is it essentialism. Instead it is a denial of subjectivity due to pseudodualistic self/Other dichotomies that can be resisted by adopting a new categorial logic. While this paper focuses on the specific problem of formulating a category of ‘woman’, it has implications for other areas of gender, critical race, and postcolonial theory. Rather than working toward an inclusive category founded on sameness, theorists need to develop independent and positive categories grounded in difference. Our current categorial logic does not permit such a project, and therefore a new metaphysics must be adopted. (shrink)

In the context of the perpetual reproduction of consumerism in contemporary western societies, the varied and often contradictory principles of third wave feminism have been misunderstood or redefined by the dominant economic discourse of the markets. The lack of homogeneity in the theoretical debates of the third wave feminism seems to be a vulnerable point in the appropriation of its emancipatory ideals by the post-modern consumerist narratives. The beauty norm, particularly, brings the most problematic questions forth in the contemporary feminist (...) dialogues. In this paper I will examine the validity of the concept of empowerment through practices of the body, practices that constitute the socially legitimized identity of women in a consumerist western society. My thesis is that the beauty norm is constructed as a socio-political instrument in order to preserve the old, patriarchal regulation of women’s bodies. Due to the power of invisibility of the new mechanisms of social control and subjection, the consumerist discourse offers the most effective political tool for gender inequality and a complex discussion about free will and emancipation in third wave feminism debates. This delicate theoretical issues question not only the existent social order, but the very political purposes of contemporary feminism. (shrink)

[The Metaphysics of Anti-Individualism] A detailed exploration of the implications of psychological externalism -- in particular Tyler Burge's variety, or what he calls "anti-individualism" -- for the mind-body problem. Based on his anti-individualism, Burge famously rejected materialism, but the ramifications of this argument were not properly examined. I show how he rejects the identity, supervenience, and realization forms of materialism, but that he leaves out the possibility of constitution. In fact, this is not the only option that (...) he admits -- others include eliminativism; a non-metaphysical view which I dub "explanatory pluralism;" and a certain version of dualism. I explore these options and find each of them lacking. However, I eventually consider a possibility that, given anti-individualism, our intentional discourse is ultimately incoherent (I take a clue here from Kripke's "A Puzzle about Belief"). Hence, there might be no satisfactory metaphysic of the mind. (shrink)

Using semi-structured interviews and an analytic approach based on the grounded theory, this research took on constructing an understanding of the socio-emotional relevance, and the meaning that a group of elder participants of CIAM «Lucía Salas Romo» of Quilicura (Santiago, Chile) ascribe to social discourses regarding aging. Findings showed that, mobilizing the semantic dissonance between what society promotes and the effective opportunities it allows for the elderly, there are two crucial components of the social discourse: social injustice and fear of (...) dependency. In turn, these play a central role in elder affectivity and the reformulation of identity during this developmental stage for this group (DOI: 10.33264/rpa.202101). (shrink)

Objective. Study of the Covid-19 related quarantine concept as an emerging category of linguistic consciousness of Ukrainians. -/- Materials & Methods. The strategy of the study is based on the logical and methodological concept of inductivism. Respondents were asked to write down their own understanding of the quarantine, formulate an appropriate definition and describe the situation, which in their opinion is the exact opposite to quarantine. Respondents also assessed how much their psychological well-being, their daily lifestyle during quarantine had changed, (...) and ranked their preferences for the quarantine strategies proposed to them. A discursive analysis was applied to the obtained texts, as a result of which nine discourses were identified. These data, along with some socio-demographic characteristics were subjected to multidimensional mathematical and statistical processing. -/- Results. Covid-19 related quarantine is represented in the linguistic consciousness of Russian-speaking Ukrainians by a discursive field, which includes at least nine recognizable, semantically autonomous discourses. Empirically discovered such phenomenon as – inter-discourse semantic dissociation. Its essence is a statistically significant reduction in the probability of some discourses appearing in the texts when others are being actualized there. This feature is associated with the innate negativity of the language and determines the semantic biasing of the quarantine concept. Inter-discourse semantic dissociation, as well as the influence of non-discursive factors constitute the discursive formation of the quarantine concept, which is qualitatively characterized by the hierarchical relationship of its components. At the same time, it was revealed that part of the discourses interacting “horizontally” are indirectly associated “vertically”, which forms the stable semantic core of the quarantine concept. Partial empirical confirmation has been found of the previously put forward assumptions about: a) the existence of such a relationship between discourses and psychological defense mechanisms (as character-forming factors) that contributes to the hierarchical structure construction of discursive formations; b) the differential nature of discourses and mechanisms of psychological defenses interaction, which makes it possible to single out the discursive aspect in a characterological profile and consider a discourse as an operator of characterological semantics. -/- Conclusions. An empirical study made it possible to form a primary idea of the substantive and structural semantic features of the quarantine concept, as an emerging category of linguistic consciousness of Ukrainians. The results obtained have a potentially useful application perspective. Thus, when implementing anti-epidemiological measures, it is important to consider the studied features of the discursive formation hierarchical structure of the quarantine concept, since discursive semantics are associated with cognitive focusing, which, in turn, affects the behavior direction and its upshots. (shrink)

In the article’s first section, the author clarifies how the metaphilosophical question can be interpreted. In the second and third sections, a Hegelian phenomenological method is applied to the diachronic theoretical development of feminist philosophies – especially two of its moments, sexual difference thought and Judith Butler’s version of queer theory – to understand whether any indications emerge from this development concerning the contents, model of rationality, identity, and methods of these philosophies. The Hegelian metaphilosophical premise is that we can (...) understand what it means to do feminist philosophy only by observing, like the Owl of Minerva, the history of its theoretical development and interpreting the indispensability of each of its moments, and, at the same time, the presence in them of elements for their dialectical sublation. At the end of this analysis, some conclusions for the future of feminist philosophies are drawn. The author argues that the evolution of feminist philosophies shows that they cannot have a defined content or method. They are intrinsically open to their destabilization and sublation, passing from questions about women to general philosophical questions. How to understand the latter – and whether to welcome this ‘sunset’ as a positive, eminently queer event – is the topic of the final reflections. (shrink)

Recent work in the philosophy of emotion focuses on challenging dualistic conceptualizations. Three of the most obvious dualisms are the following: 1. emotion opposes reason; 2. emotion is subjective, while reason is objective; 3. emotion lies internal to the subject, while reason is external. With challenges to these dualisms, one of the more interesting questions that has surfaced is the idea of emotional appropriateness in a particular context. Here, consider a widely held belief in the United States associates racialized groups (...) with specific emotions—most notably African American women with anger. Clearly these emotional attributions are essentialistic--and hence racist. But this response is too easy. The acknowledgement that emotion lies both internally in the subject and externally in the world opens the possibility of attributing an emotional temperament to a population group. Yet if an identity group has an emotional temperament, can they be accountable for emotionally appropriate behavior? (shrink)

Presented at the 2010 Annual Meeting of the Association for Core Texts and Courses, New Brunswick, New Jersey, USA, April 2010. -/- René Descartes’ Discourse on Method is paradoxical in several respects: it was published anonymously, yet is rich in autobiographical detail; further, Descartes insists that “the power of judging well and of distinguishing the true from the false…is naturally equal in all men,” and also that “the world consists almost exclusively of … minds for whom [his method of reasoning] (...) is not at all suitable” (1, 9). The Discourse indicates both that the identity of a particular reasoning subject (such as the author of the text itself) does not matter—because all rational beings could come to the same conclusion if using their reason correctly—and yet also that who one is does indeed matter to showing that one counts as one of the select group of subjects who possess knowledge. The method and its results do not speak for themselves; rather, the author must speak for them, and legitimize his authority in the process. If it were the case that Descartes’ plan did not go beyond “trying to reform [his] own thoughts and building upon a foundation which is completely [his] own” (9), then he might rest content with his own convictions regarding the truth of his conclusions, but if he wants to be recognized by others as possessing knowledge then he must either appeal to existing standards of authority to legitimize his method and its conclusions, or argue for the validity of new ones. Either way, the Discourse demonstrates Michel Foucault’s claims that knowledge production is bound up in a social context that determines what counts as true knowledge and who has the authority to speak about it. Descartes’s text shows an author both boldly presenting revolutionary arguments and methods and revealing his awareness of the difficulties and dangers of resisting the accepted standards of knowledge. It can be used to spark discussion amongst students about whether, even if we believe anyone’s reason might produce knowledge, it is still the case today that only some count as “knowers” according to criteria that are socially determined (e.g., institutional affiliation, status within an institution, the acceptability of certain sorts of projects and methods as legitimate for knowledge). (shrink)

In the industrial era, advanced science and technology make immortality-obsessed human beings constantly develop, modify, and reshape their bodies and consciousness, to overcome the fragility and transience of their bodies and approach the dream of immortality. The transformation of the body, in turn, drives society to confront the co-existence of cyborg, transhuman, information subject, nomadic posthuman and other life forms. Focusing on Chinese-American writer Ken Liu’s science fiction the Future Trilogy, Arc, and The Waves, this paper attempts to explore the (...) metamorphosis of the body and the ethical choices in the tension between death and immortality, embodiment and disembodiment. Immortality is not a Utopian paradise but causes many ethical problems and loss of continuity of time, space, history, and identity. Liu’s works suggest that the solution to the problem of posthuman disembodiment involves embracing embodiment and recognizing the importance of memory and social interaction in the formation of one’s identity, affirming that memory and the interaction with others are necessary conditions for the formation of the subject’s identity. Blending genesis myths and technological immortality, Liu explores the possibility of creating new life different from human beings. The posthumans depicted are always in the status of becoming, eager to discover the new world, and indicate the author’s expectations for the bright new future. (shrink)

The enigma of consciousness, particularly the subjective and ineffable nature of qualia (our inner conscious experience), poses one of the most challenging puzzles in contemporary philosophy and cognitive science—the "hard problem". Grounded in interdisciplinary perspectives from philosophy of mind and neuroscience, this article introduces a novel theoretical framework aimed at elucidating the mysterious nature of qualia and providing a comprehensive explanation for the hard problem of consciousness. Emphasizing the intricate relationship between consciousness, identity, and subjective experience, and analyzing the brain's (...) “atomic nature”, the proposed model challenges reductionist perspectives that solely attribute consciousness to brain function. Here, the role of identity is integrated, emphasizing its centrality in comprehending conscious phenomena. Rejecting simplistic views equating brain states with mental states, the proposed framework also questions exclusive reliance on information integration theories. The suggested model contends that subjective experience transcends corresponding brain activity, introducing a dualistic perspective that involves non-physical information. The uniqueness of human consciousness is underscored, contrasting it with artificial intelligence, and highlighting it as vital for sustaining emotions, genuine comprehension, and engaging in complex behaviors. The paper advocates for a holistic perspective that recognizes the non-material dimension of consciousness, emphasizing its pivotal role in shaping human experience and behavior. This integrative approach seeks to contribute to both theoretical discourse and empirical investigations, fostering a deeper understanding of the nature of qualia and consciousness. (shrink)

Not-I/Thou: The Other Subject of Art and Architecture is a series of essays delineating the gray areas and black zones in present-day cultural production. Part One is an implicit critique of neo-liberal capitalism and its assault on the humanities through the pseudo-scientific and pseudo-empirical biases of academic and professional disciplines, while Part Two returns to apparent lost causes in the historical development of modernity and post-modernity, particularly the recourse to artistic production as both a form of mnemonics and periodic (and (...) renascent) avant-garde agitation. In-between these twin systems of taking the measure of things, Art and Architecture, as forms of speculative intellectual capital, emerge from the shadow-lands of half-conscious and half-unconscious forces to become gestures toward a type of knowledge that has no utilitarian or generic agency. Defying the tendencies of such discourses to fall prey to instrumental orders that effectively neuter the inherent radical agenda of both, Art and Architecture are represented in this series of essays as noetic apparatuses, operating at the edge of authorized systems of knowledge, quietly and secretly validating and valorizing the shadowy and recondite, collective and personal operations of intellect in service to no particular end. (shrink)

[Attached PDF is the Arabic translation, the hyperlink takes you to the original English version] In this paper I argue that the emphasis, which was placed by the PAIGC’s leadership, and specifically by Amílcar Cabral, on the importance of advancing women’s rights and women’s liberation should be understood as being a consequence of Cabral’s modernist philosophical orientation. Moreover, I argue that women played an essential part in the struggle for liberation from Portuguese colonialism. In the first section, I characterize Cabral’s (...) modernist philosophical orientation and the way it influenced his views on the necessity of women’s liberation. I emphasize the philosophical commitment to autonomy as a guiding normative principle. In the second section, I argue that women played a key role in pressuring the PAIGC to integrate them into its structure, i.e., they were active agents and not just passive subjects waiting for somebody to “liberate them.” In the third and concluding section, I describe the limits of the PAIGC’s commitment to women’s liberation, and I discuss why some members of the party’s leadership (e.g., Luis Cabral) disagreed with Amílcar Cabral regarding the importance of women’s liberation. This paper thus approaches the question of feminist anti-colonial imaginaries both from the perspective of the hopes which attended a partially feminist-inflected African liberation struggle, as well the betrayal of these hopes by men in leadership positions. Those leaders never took seriously the idea that the liberation of women was a necessary condition for the creation of a social environment which would allow for the full actualization of the capacities of men and women in Guinea-Bissau and Cape Verde. (shrink)

This article argues that Amílcar Cabral adhered to some of the essential elements of the philosophical discourse of modernity. This commitment led Cabral to endorse an anti-essentialist, historicized conception of culture, and this in turn led him to conceive of cultural liberation in terms of cultural autonomy as opposed to the preservation of indigenous culture(s). Cabral’s attitude towards languages is employed as a case study in order to demonstrate how emphasis on Cabral’s commitment to the philosophical discourse of modernity (...) can help explain why he could denounce ‘colonialist culture’, while also defending the PAIGC’s (Partido Africano para a Independência da Guiné e Cabo Verde / African Party for the Independence of Guinea and Cape Verde) use of Portuguese as an official language. This essay argues that Cabral makes a significant distinction between foreign influences and foreign domination in the realm of culture. Cabral conceived of the anti-colonial struggle in the realm of culture as a struggle against the latter rather than the former. (shrink)

Defining Artificial Intelligence and Artificial General Intelligence remain controversial and disputed. They stem from a longer-standing controversy of what is the definition of consciousness, which if solved could possibly offer a solution to defining AI and AGI. Central to these problems is the paradox that appraising AI and Consciousness requires epistemological objectivity of domains that are ontologically subjective. I propose that applying the philosophy of art, which also aims to define art through a lens of epistemological objectivity where the domains (...) are ontologically subjective, can further elucidate this unsolved question. In this sense, Art and AI and ultimately consciousness are multifaceted domains where conventional complexity theory and current philosophical approaches may be augmented by aesthetic principles ranging from classical Aristotelian essentialism to Wittgensteinian anti-essentialism. This approach of AI as art may offer novel solutions to characterising and elucidating the ciphers of consciousness and AI. (shrink)