This Article argues that a particular political theory underlies the judicial interpretation of ‘equality before the law’. The Canadian Courts at the date of writing have elaborated two tests for the signification of ‘equality before the law’. The Article traces the two tests to the utilitarian political theory outlined by John Stuart Mill. The one test sets out the ‘greatest happiness of the greatest number’ or ‘social interests’ as the criterion for adjudicating equality. The second test identifies (...) the reasonable relationship of an alleged statutory classification vis-à-vis the statutory purpose. The Article offers an alternative approach based upon democratic theory. Examples of the two tests and the alternative approach are drawn from judicial constitutional interpretations in the USA and Canada. (shrink)

Book review: Joseph Fishkin: Bottlenecks—A New Theory of Equality of Opportunity.

Most theories of promising are insufficiently broad, for they ground promissory obligation in some external or contingent feature of the promise. In this paper, I introduce a new kind of theory. The Mental States First (MSF) theory grounds promissory obligation in something internal and essential: the mental state expressed by promising, or the state that promisors purport to be in. My defense of MSF relies on three claims. First, promising to Φ expresses that you have resolved to Φ. Second, (...) resolving to Φ commits you to Φing, all else being equal. Third, the norms on speech acts are determined by the norms on the mental states they express, such that publicly expressing that you are in a state subjects you to whatever commitments are normally incurred by being in that state, regardless of whether you really are in it. I suggest that this general approach might also explain how the norms on other sorts of speech acts work. (shrink)

Notwithstanding International Economic Law’s (IEL’s) inevitable distributional effects, IEL scholarship has had limited engagement with theoretical work on global distributive justice and fairness. In part this reflects the failure of global justice theorists to derive principles that can be readily applied to the concrete problems of IEL. This article bridges this gap, drawing on existing coercion-based accounts of global justice in political theory to propose a novel account of global distributive justice that both resolves problems within the existing theoretical literature (...) and can be directly applied to both explain and critique concrete issues in IEL, including in particular WTO law. By complementing existing coercion-based accounts with a more nuanced typology of international coercion, it distinguishes two morally salient classes of economically relevant measures: External Trade Measures (ETMs), which pursue their goals specifically through the regulation of international economic activity; and Domestic Economic Measures (DEMs), which do not. The distinctive intentional relationship between ETMs and the outsiders they affect means such measures require more stringent justification, in terms of global equality or other goals those outsiders themselves share; whereas DEMs can be justified under the principle of self-determination. Non-Product Related Production Processes and Methods (NPRPPMs) provide a case study to show how this framework can illuminate recurring problems in IEL. (shrink)

The algebra of transactions as fundamental measurements is constructed on the basis of the analysis of their properties and represents an expansion of the Boolean algebra. The notion of the generalized economic measurements of the economic “quantity” and “quality” of objects of transactions is introduced. It has been shown that the vector space of economic states constructed on the basis of these measurements is relativistic. The laws of kinematics of economic objects in this space have been analyzed and the stages (...) of constructing the dynamics have been formulated. In particular, the “principle of maximum benefit”, which represents an economic analog of the principle of least action in the classical mechanics, and the principle of relativity as the principle of equality of all possible consumer preferences have been formulated. The notion of economic interval between two economic objects invariant to the selection of the vector of consumer preferences has been introduced. Methods of experimental verification of the principle of relativity in the space of economic states have been proposed. (shrink)

Brentano's theory of consciousness has garnered a surprising amount of attention in recent philosophy of mind. Here I argue for a novel interpretation of Brentano's theory that casts it as more original than previously appreciated and yet quite plausible upon inspection. According to Brentano's theory, as interpreted here, a conscious experience of a tree is a mental state that can be simultaneously thought of, or framed, equally accurately as an awareness of a tree or an awareness of an awareness of (...) a tree. (shrink)

This paper considers the view that the basis of equality is the range property of being a moral person. This view, suggested by John Rawls in his A Theory of Justice (1971), is commonly dismissed in the literature. By defending the view against the criticism levelled against it, I aim to show that this dismissal has been too quick. The critics have generally failed to fully appreciate the fact that Rawls's account is restricted to the domain of distributive justice. (...) On Rawls's view distributive justice is a matter of the fair terms of cooperation among the participants of a system of social cooperation. I argue that this understanding of distributive justice can provide a compelling rationale for considering moral personality as the basis of equality for this domain of morality. That moral persons are indeed equal is further supported by an intuitive argument concerning the irrelevance of morally arbitrary factors, giving us reasons to believe that varying capacities among moral persons does not result in an unequal moral status. The dismissal of Rawls's account of equality has thus been premature, and it remains an important view to consider. (shrink)

John Rawls A Theory of Justice har haft ett monumentalt inflytande på den moderna politiska filosofin. Jag försöker här genom några nedslag i den nutida diskussionen förmedla en bild av detta inflytande, och av bokens fortsatta filosofiska relevans. Jag inleder med en kort presentation av huvuddragen i Rawls rättviseteori. Efter det går jag igenom, och bemöter, kritiken mot idealteori. Jag diskuterar sedan förhållandet mellan rättvisa och ekonomisk ojämlikhet, och förklarar varför teorin är radikalare än vad många kritiker insett. Slutligen går (...) jag igenom hur en kontraktsteori av detta slag kan hantera frågan om rättvisa mellan generationer. (shrink)

A half-century of Rawls interpreters have overemphasized economic equality in A Theory of Justice, slighting liberty—the central value of liberalism—in the process. From luck-egalitarian readings of Rawls to more recent claims that Rawls was a “reticent socialist,” these interpretations have obscured Rawls’s identity as a philosopher of freedom. They have also obscured the perhaps surprising fact that Rawlsian liberties (basic and non-basic) restrain and even undermine that same economic equality. As I will show in this article, such undermining (...) occurs in three areas: first, in the lexical priority of the basic liberties; second, in the (underappreciated) role played by free and competitive markets in Rawls’s theory; and third, in the structure and functioning of Rawls’s preferred economic institutions, viz., liberal socialism and property-owning democracy. (shrink)

This paper investigates how political theorists and philosophers should understand egalitarian political demands in light of the increasingly important realist critique of much of contemporary political theory and philosophy. It suggests, first, that what Martin O'Neill has called non-intrinsic egalitarianism is, in one form at least, a potentially realistic egalitarian political project and second, that realists may be compelled to impose an egalitarian threshold on state claims to legitimacy under certain circumstances. Non-intrinsic egalitarianism can meet realism’s methodological requirements because it (...) does not have to assume an unavailable moral consensus since it can focus on widely acknowledged bads rather than contentious claims about the good. Further, an appropriately formulated non-intrinsic egalitarianism may be a minimum requirement of an appropriately realistic claim by a political order to authoritatively structure some of its members' lives. Without at least a threshold set of egalitarian commitments, a political order seems unable to be transparent to many of its worse off members under a plausible construal of contemporary conditions. (shrink)

According to the sufficiency theory of justice in health, justice requires that people have equal access to adequate health. In this article, I lay out the structure of this view and I assess its distributive implications for setting priority (i) between health needs across persons and (ii) between health care spending and other societal goods. I argue, first, that according to the sufficiency theory, deficiency in health cannot be completely offset by providing other societal goods. And, second, that it can (...) prevent the medicalization of societies by stressing that improvements beyond the level of adequate health have relatively little weight, if any, from the standpoint of justice. (shrink)

Does a single mechanism of aging exit? Most scientists have their own pet theories about what is aging, but the lack of generally accepted theory is mind-blowing. Here we suggest an explanation: evolution works against unitary mechanism of aging because it equalizes ‘warranty period’ of different resilience systems. Therefore, we need life-extension methods that go beyond fighting specific aging mechanisms: such as using a combination of geroprotectors or repair-fixing bionanorobots controlled by AI.

Inspired by impossibility theorems of social choice theory, many democratic theorists have argued that aggregative forms of democracy cannot lend full democratic justification for the collective decisions reached. Hence, democratic theorists have turned their attention to deliberative democracy, according to which “outcomes are democratically legitimate if and only if they could be the object of a free and reasoned agreement among equals” (Cohen 1997a, 73). However, relatively little work has been done to offer a formal theory of democratic deliberation. This (...) article helps fill that gap by offering a formal theory of three different modes of democratic deliberation: myopic discussion, constructive discussion, and debate. We show that myopic discussion suffers from indeterminacy of long run outcomes, while constructive discussion and debate are conclusive. Finally, unlike the other two modes of deliberation, debate is path independent and converges to a unique compromise position, irrespective of the initial status quo. (shrink)

In my 1990 work – Marxism, Morality, and Social Justice – I argued for four modifications of Rawls’s principles of social justice and rendered a modified version of his theory in four principles, the first of which is the Basic Rights Principle demanding the protection of people’s security and subsistence rights. In both his Political Liberalism and Justice as Fairness Rawls explicitly refers to my version of his theory, clearly accepting three of my four proposed modifications but rejecting the fourth (...) ‐‐ the demand for social and economic democracy – on grounds that it automatically justifies socialism as opposed to capitalism. I argue, contrary to Rawls, that it is not true that this demand automatically picks socialism as the preferablesocioeconomic/political system and that a Social and Economic Democracy Principle demanding workplace and neighborhood democracy is officially neutral between these two systems … although plausible empirical assumptions may, indeed, favor the former. I then significantly elaborate my second version of Rawls’s theory of social justice which is composed of the following principles arranged in a very strong order of priority : Basic Rights Principle, Equal Basic Liberties Principle, Fair Equality of Opportunity Principle, Modified Difference Principle, and Social and Economic DemocracyPrinciple. I argue that this elaborated version of the theory – which I call “Justice as Fair Rights” – is better than either Rawls’s original theory or my previous versions of it. (shrink)

G. A. Cohen’s pathbreaking book, Karl Marx‘s Theory of History: A Defence (1978), prompted extensive reconsideration of historical materialism. This effort recast ongoing debates about Marx‘s theory of history by defending the view that historical materialism embodies a set of substantive claims as appropriately subject to analytical scrutiny as those of any other viable theory. Specifically, Cohen advances one central substantive claim that summarizes his reading of the “Preface” to A Contribution to the Critique of Political Economy. “History is, fundamentally, (...) the growth of productive power, and forms of society rise and fall according as they enable or impede that growth.” This premise affirms that the same set of factors that explain changes societies undergo within a given historical epoch also explain transitions between historical epochs. The theoretical account of intraepochal historical development suffices equally to cover interepochal, revolutionary change. In this paper we reject this premise and argue that even on the most plausible reconstruction of Marx’s theory of history—a reconstruction that employs, among other things, a careful ownership-based criterion of historical epochs and the use of functional explanations—Marx’s theory of history cannot explain social revolutions. -/- . (shrink)

Joseph Persky's excellent book, The Political Economy of Progress: John Stuart Mill and Modern Radicalism, shows that J. S. Mill's support for socialism is a carefully considered element of his political and economic reform agenda. The key thought underlying Persky's argument is that Mill has an ‘evolutionary theory of justice’, according to which the set of institutions and practices that are appropriate to one state of society should give way to a new set of institutions as circumstances change and the (...) people themselves improve. However, Persky does not spend a great deal of time discussing Mill's theory of reform, in particular the principles he believes should guide our reform efforts. Reflecting on these principles – notably his principle of impartiality or equal treatment – shows the consistency of Mill's thought over time. (shrink)

Issues about the nature and ontology of works of art play a central part in contemporary aesthetics. But such issues are complicated by the fact that there seem to be two fundamentally different kinds of artworks. First, a visual artwork such as a picture or drawing seems to be closely identified with a particular physical object, in that even an exact copy of it does not count as being genuinely the same work of art. Nelson Goodman describes such works as (...) being “autographic.” Second, other artworks such as musical or literary works seem to be copyable without any such limitations: for example, two identical copies of a novel could each equally be a genuine instance of that novel; such works are “allographic,” in Goodman’s terminology. Nevertheless, it seems clear enough that a deeper understanding of both kinds of artworks requires the pursuit of analogies or similarities between them, in spite of their differences. Any such analogies that may be found will provide critical tests for more general theories about the nature of artworks. I show how to resolve such analogies for the orientational concept of inversion. (shrink)

Social inequality may obstruct the generation of knowledge, as the rich and powerful may bring about social acceptance of skewed views that suit their interests. Epistemic equality in the context of justification is a means of preventing such obstruction. Drawing on social epistemology and theories of equality and distributive justice, we provide an account of epistemic equality. We regard participation in, and influence over a knowledge-generating discourse in an epistemic community as a limited good that needs (...) to be justly distributed among putative members of the community. We argue that rather than trying to operationally formulate an exact criterion for distributing this good, epistemic equality may be realized by insisting on active participation of members of three groups in addition to credited experts: relevant disempowered groups, relevant uncredited experts, and relevant stakeholders. Meeting these conditions fulfills the political, moral, and epistemic aims of epistemic equality. (shrink)

Abstract: We propose a view of vagueness as a semantic property of names and predicates. All entities are crisp, on this semantic view, but there are, for each vague name, multiple portions of reality that are equally good candidates for being its referent, and, for each vague predicate, multiple classes of objects that are equally good candidates for being its extension. We provide a new formulation of these ideas in terms of a theory of granular partitions. We show that this (...) theory provides a general framework within which we can understand the relation between vague terms and concepts and the corresponding crisp portions of reality. We also sketch how it might be possible to formulate within this framework a theory of vagueness which dispenses with the notion of truth-value gaps and other artifacts of more familiar approaches. Central to our approach is the idea that judgments about reality involve in every case (1) a separation of reality into foreground and background of attention and (2) the feature of granularity. On this basis we attempt to show that even vague judgments made in naturally occurring contexts are not marked by truth-value indeterminacy. We distinguish, in addition to crisp granular partitions, also vague partitions, and reference partitions, and we explain the role of the latter in the context of judgments that involve vagueness. We conclude by showing how reference partitions provide an effective means by which judging subjects are able to temper the vagueness of their judgments by means of approximations. (shrink)

Book review of Lesley A. Jacobs' Pursuing Equal Opportunities: The Theory and Practice of Egalitarian Justice.

The purpose of this paper is to explore the connection between change and the B-theory of time, sometimes also called the Scientific view of time, according to which reality is a four-dimensional spacetime manifold, where past, present and future things equally exist, and the present time and non-present times are metaphysically the same. I argue in favour of a novel response to the much-vexed question of whether there is change on the B-theory or not. In fact, B-theorists are often said (...) to hold a ‘static’ view of time. But this far from being innocent label: if the B-theory of time presents a model of temporal reality that is static, then there is no change on the B-theory. From this, one can reasonably think as follows: of course, there is change, so the B-theory must be false. What I plan to do in this paper is to argue that in some sense there is change on the B-theory, but in some other sense, there is no change on the B-theory. To do so, I present three instances of change: Existential Change, namely the view that things change with respect to their existence over time; Qualitative Change, the view that things change with respect to how they are over time; Propositional Change, namely the view that things (i.e. propositions) change with respect to truth value over time. I argue that while there is a reading of these three instances of change that is true on the B-theory, and so there is change on the B-theory in this sense, there is a B-theoretical reading of each of them that is not true on the B-theory, and therefore there is no change on the B-theory in this other sense. (shrink)

This first part of a two-part series exploring implications of the natural differences between the sexes for the cultural evolution of marriage assesses whether Kant should be condemned as a sexist due to his various offensive claims about women. Being antithetical to modern-day assumptions regarding the equality of the sexes, Kant’s views seem to contradict his own egalitarian ethics. A philosophical framework for making cross-cultural ethical assessments requires one to assess those in other cultures by their own ethical standards. (...) Sexism is inappropriate if it exhibits or reinforces a tendency to dominate the opposite sex. Kant’s theory of marriage, by contrast, illustrates how sexism can be egalitarian: given the natural differences between the sexes, different roles and cultural norms help to ensure that females and males are equal. Judged by the standards of his own day and in the context of his philosophical system, Kant’s sexism is not ethically inappropriate. (shrink)

Nozick’s entitlement theory of justice has its major attempts to defend the institution of private property and to criticize the redistributive measures on the part of government. Nozick frowns at Rawls’ approach and the approach of welfare economics, which focused on evaluating only current time-slices of a distribution with no concern about the procedural aspects of justice. His notion of distributive justice has its anchorage on the account of what and how a given person is entitled to in virtue of (...) what he has acquired and earned. While Rawls, whose position seems incompatible with that of Nozick holds a notion of justice on the account of the equality of the claims of each person in respect of basic needs and of the means to meet such needs. Nozick’s theory is a reaction against Rawls’ notion of distributive justice which he terms patterned, and of which he feels if upheld would consistently interfere with individual’s rights. This paper therefore argues that contrary to what Robert Nozick seems to suggest we do not see his theory as all satisfying nor any alternative, rather we are convinced that the inherent merits of his theory would suitably complement other patterned theories of distributive justice. This paper employed the expository method as well as critical analysis and prescriptive methods. (shrink)

The article talks about the emergence of the theory of imperialism and neocolonialism, the reasons that gave rise to it, and its effects on the development of humanity in the current period. Imperialism is a multifaceted, multidimensional problem. It is a political issue, it has philosophical, scientific and technological foundations, it has economic, sociological, geographical, ethnic, religious and educational dimensions. But the fact that it is primarily a human problem makes it a multifaceted problem. Surely we can increase these reasons. (...) But no matter how much we multiply, colonization of one society by another society, confiscation of its wealth, enslavement and cultural separation is the most visible form of this. But this experience is not unprecedented in human history. Because human history has been a kind of exploitation, enslavement and attempts to create superiority. As Camus said, "Man emerges as the most dangerous being for his species". Attitudes to imperialism may vary between tribal and celestial cultures. After all, the culture of heaven is a culture cultivated by divine teaching. Exploitation and slavery are the dominant attitudes of tribal cultures. In these cultures, the relationship between man and man is based on power, wealth and nobility. In celestial cultures, the relationship between man and man was determined by nomos, divine laws. Heavenly culture is the product of a will that emerges for "good will" to prevail. It should be known that colonialism is a tribal behavior wherever and whenever it occurs. Because they do not see other societies as equal to themselves, it is a desire to dominate, exploit and enslave those who are not like themselves. From this perspective, colonialism can be seen as one of the oldest forms of behavior in history. This situation appears as the victory of the strong over the weak. Since transcendental attachment does not occur, they are in a position to absolutize their self. As a result, they see themselves as masters to be served, they see in themselves the right to such an inclination. It can be misleading to associate the colonial movement with human nature. It is more about the degradation and degeneration of human nature, it is about self-cultivation. It is a matter of outlook. The heavenly cultures, where the powerless were protected and spared, showed themselves not in a colonial style, but in a protective and compassionate way. We can see this patronizing relationship in the states established within the celestial cultures. (shrink)

Religious freedom is often thought to protect, not only religious practices, but also the underlying religious beliefs of citizens. But what should be said about religious beliefs that oppose religious freedom itself or that deny the concept of equal citizenship? The author argues here that such beliefs, while protected against coercive sanction, are rightly subject to attempts at transformation by the state in its expressive capacities. Transformation is entailed by a commitment to publicizing the reasons and principles that justify the (...) basic rights of citizens. (shrink)

In light of the Special Theory of Relativity and the Minkowski creation of ‘spacetime’, the universe is taken to be a four-dimensional entity which postulates bodies as existing within a temporally extended reality. The Special Theory of Relativity’s implications liken the nature of the universe to a ‘block’ within which all events coexist equally in spacetime. Such a view strikes against the very essence of presentism, which holds that all that exists is the instantaneous state of objects in the present (...) moment. With respect to the present moment, events have a clear division into the past or future, however such regions do not exist in reality and the universe is a three-dimensional entity. The consequences of a four-dimensional universe are disturbing to say the least for our everyday human experience, with once objective facts about reality becoming dependent upon an observer’s relative motion and the debate over the extent of true free will in a Block Universe. This paper will look at arguments which seek to rescue the presentist view in light of Special Relativity so such four-dimensionalist implications do not have to be accepted. Two approaches will be considered. The first accepts that presentism is incompatible with Special Relativity, and seeks to show that the theory is ultimately false. The second holds that it is the Block Universe interpretation of Special Relativity that is wrong, and a version of presentism can be reconciled with Special Relativity. The paper will expound and critically examine both of these approaches to review whether the case for the three-dimensionalist and a fundamental passage of time can be made. (shrink)

Predication is a lingual relation. We have this relation when a term is said (λέγεται) of another term. This simple definition, however, is not Aristotle’s own definition. In fact, he does not define predication but attaches his almost in a new field used word κατηγορεῖσθαι to λέγεται. In a predication, something is said of another thing, or, more simply, we have ‘something of something’ (ἓν καθ᾿ ἑνὸς). (PsA. , A, 22, 83b17-18) Therefore, a relation in which two terms are posited (...) to each other in a way that one is said (predicated) of the other is a predication. The term of which the other term is said is called a subject (ὑποκειμένον) and the other, which is said about the subject, is called the predicate. Thus, in a predication the predicate is predicated of the subject; given that being predicated is almost as the same as being said. The relation between being said and being predicated is so close that ‘if something is said of a subject both its name and its definition are necessarily predicated of the subject.’ (Cat., 5, 2a19-26) This, however, is true only about the second genera and not the accidents. a) Nature of relation in predication What is Aristotle’s theory about the nature of the relation in a predication? How does he fundamentally understand this relation? Phil Corkum distinguishes between predication logic and traditional term logic and argues that the relation between subject and predicate in Aristotle is of the latter kind. While in predicate logic, subjects and predicates have distinct roles, they have the same role in traditional term logic. In predication logic, subjects refer, but predicates characterize. Thereupon, a sentence expresses a truth if the object to which the subject refers is correctly characterized by the predicate. In traditional term logic, both subjects and predicates refer and a sentences expresses a truth if both name one and the same thing. He concludes that Aristotle ‘problematically conflates prediction and identity claims’ because while he thinks both subjects and predicates refer, he would deny that a sentence is true just in case the subject and the predicate name one and the same thing. Based on this, Corkum believes that Aristotle’s core semantic is not identity but the weaker relation of constitution, which is a mereological interpretation: ‘All men are mortal’ is true just in case the mereological sum of humans is part of the mereological sum of mortals. b) Aristotle’s theory of predication: one or two theories? Frank Lewis finds an inconsistent gap between the theory of predication in the Categories and that in the later books of the Metaphysics VII, 6. So too Joan Kung, Terry Irwin, Daniel Graham. c) Distinction of ‘being said of’ and ‘being in’ Owen enumerates the texts in which Aristotle’s distinction between ‘being said of’ and ‘being in’ is asserted: OI. 11b38-12a17; To., 127b1-4; Cat. 1a20-b9; 2a11-14; 2a27-b6; 2b15-17; 3a7-32; 9b22-24 d) Predication in Aristotle and the standard ‘S is P’ Marie De Rijk Lambertus thinks that the ‘S is P’ pattern is misleading when it comes to express predication in Aristotle. In his view, ‘The Aristotelian procedure should be described in terms of appositively assigning an attribute (κατηγορούμενον) to a substrate (ὑποκείμενον), rather than ascribing a predicate to a subject by means of a copula…. The comment should be considered an attribute which is said to fall to a substrate, without understanding this procedure in terms of sentence predication.’ e) Aristotle’s predication: bipartite or tripartite? It is a difficulty to make Aristotle’s theories of name-verb predication and tripartite predication consistent. The reason is that tripartite is not consistant with his name-verb structure based on which he says that the predicate term is the ‘verb.’ (20a31; 20b1-2; 16a13-5) The problem is that in a tripartite form like ‘Socrates is white’ we cannot take ‘is white’ as the verb because, based on Aristotle himself, no part of a verb can be significant itself. (16b6-7) However, his assertions about the equivalences between the two structures (OI. 12, 21b9-10; PrA. 51b13-16; Met., 1017b22-30) must mean that they are not inconsistent in his own view. Thus, as Allen Bāck points, ‘Aristotle seems to think that he has a single, consistent theory.’ The sense of saying or speaking as the root sense of rhema makes the relation between predication (saying something of something) and verb more interesting. The use of rhema in the sense of a long expression approves this. In Plato’s work (399ac) where Socrates claims that the name anthropos derives from anthron ha opopen (‘he who examines what he has seen’) we have an onoma from, or in place of, a rhema. 1) Subject The subject (ὑποκειμένον) is that of which another term is said or predicated. Aristotle’s own definition is of a much more philosophical value: ‘By subject I mean that which is expressed by an affirmative term (λέγω δὲ ὑποκείμενον τὸ κάταφάσει δηλούμενον).’ (Met., K, 1067b18) Throughout Aristotle’s work, three kinds of subjects can be found: possible, prime and absolute subject. a) Possible subject Those things that can take the position of a subject in a predication we call possible subjects, no matter they can or cannot take the position of predicate in any predication. All terms except the ultimate predicates are possible subjects because they can take the position of subject. b) Prime subject Those that in any predication can only take the position of a subject and not the position of a predicate are prime subjects. (Cat., 5, 3a36-b2; Met., Z, 1028b36-1029a1) This is the truest sense of subject and belongs only to substances. (Met., Z, 1029a1-2) In fact, ‘that which is not predicated of a subject, but of which all else is predicated’ is a substance. (Met., Z, 1029a7-9) In Categories, besides primary substances (Cat., 2, 1b3-6), individual qualities are also said not to be able to be said of anything else. (Cat., 2, 1a23-29) Aristotle’s examples are a certain ‘knowledge-of-grammar’ (τὶς γράμματικὴ) and ‘an individual white’ (τὸ τὶ λευκὸν). Thus, although substances are indeed in the truest sense individuals and, thereby, in the truest sense primary subjects, other individuals can take the position of subject as well. c) Absolute subject While substances are prime subjects of all other things, there is still something of which substances can be predicated and this predication is not an accidental predication: matter. (Met., Z, 1029a21-24) This predication is, indeed, the predication of a ‘form or this’ on matter and material substance. (Met., Θ, 1049a34-36) The only thing that is absolutely a subject, therefore, and can be a predicate is prime matter (πρώτη ὓλη). (Met., Θ, 1049a24-27) d) Subject and substance The most important thing in being a substance is being a subject: ‘It is because the primary substances are subjects for all the other things and all the other things are predicated of them or are in them, that they are called substances most of all.’ (Cat., 5, 2b15-17) And what is nearer to this position is more a substance as a species is more a substance than a genus.’ (Cat., 5, 2b7-8) e) Primary versus accidental subject A subject is a primary subject in a predication when the predicate is predicated of it as itself. In such a case, the subject is the subject of the predicate qua itself and not qua something else. A subject, on the one hand, is an accidental subject when it is not the primary subject of the predicate that is predicated on it. It means that a subject is an accidental subject when the predicate is predicated of it not qua itself but qua something else. An accidental subject is, therefore, anything other than a substance. 2) Predicate as universal It is evident from our discussion of kinds of subjects that except matter, primary substances (if we ignore both accidental predication and cases of absolute subjects) and other individuals, everything else can take the position of a predicate. Since primary substances are individuals, it results that everything except matter and individuals are capable to take the position of predicate. The immediate consequence of this is that the predicate must be a universal. When individuals cannot take the position of predicate, this position cannot be taken by any particular. Therefore, only universals can be predicated of others. Moreover, albeit universals can be a simple subject (for another universal), they are not prime subjects. The closeness of universal and predicate is to the extent that Aristotle differentiates universal from subject. (Met., Θ, 1049a27-30) 3) Categories or classes of predicates Aristotle distinguishes ten highest classes into one of which each predicate must necessarily fall: substance (or what a thing is), quality, quantity, relation, place, time, position, state, activity and passivity. (Cat., 4, 1b25-27; To., I, 9, 103b20- ; PsA., A, 22, 83b13-23) The substance counted among predicates must refer to secondary and not primary substances not only because Aristotle insists that primary substances cannot be predicated but also from his own examples of the category of substance: man and animal. (To., I, 9, 103b25) However, if a predicate be asserted of itself or its genus be asserted of it, the predicate signifies substance or what is; but if ‘one kind of predicate is asserted of another kind,’ it signifies one of the other nines. (To., I, 9, 103b30) These categories are so comprehensive that no predicate can remain outside them so that even non-being has as many senses as categories. (Met., M, 1089a26-30) a) That whether Aristotle’s categories are merely linguistic or fundamentally ontological is a so much controversial dispute. Some like G. E. R. Lloyd believe that ‘categories are primarily intended as a classification of reality … rather than of the signifying terms themselves.’ b) Although Aristotle’s categories have been historically regarded as a classification of predications, there are some recent commentators like Jonathan Barnes that think it is classifying predicates and not predications. 4) Kinds of predicates In his introduction of Categories, as J. W. Thorp truly points out , Aristotle distinguishes between the category of substance and the other categories using μὲν ... δὲ construction. This construction illustrates that beside tenfold classification of categories, there is an even more crucial differentiation between two kinds of predicates: substance or what is on the one hand and the other nine ones on the other hand: the distinction between what is predicated of the subject as what it is and what is predicated of it as an accident. Therefore, we have three kinds of classification - a twofold, a fourfold and a tenfold-complicatedly classifying the same thing, viz. the predicate. Predicates can be divided also to four kinds: property, definition, genus and accident. (To., I, 4, 101b11-20) A property is that predicate that is convertible with its subject and does not signify its essence. A definition is that predicate that is convertible with its subject and signifies its essence. It is a genus if it is not predicated convertibly and is contained in the definition of its subject. And it is an accident if it is neither convertible nor contained in the definition of its subject. (To., I, 8, ^103b3) All of these four kinds are among categories. (To., I, 9, 103b20) It seems that there might be some kind of relation between the twofold and the fourfold distinction: whereas genus and definition are predicated as what it is, accidents are not so predicated. There seems to be some rules that determine to each of these four kinds each predicate belongs. At To., IV, 123b30ff. Aristotle asserts: ‘If B has a contrary and A does not, then B does not belong to A as its genus.’ There is a dispute around per se accidents (τὰ καθ’ αὑτὰ συμβεβηκότα) (Topics., 102a18) whether they must be regarded as either of the four kinds or as a fifth kind. Barnes (1970) argued that they ‘do not fit at all neatly into the fourfold classification.’ He argues that based on the definition of accidents at A, 5, 102b4-5, they must be accidents but based on another definition, A, 5, 102b6-7, they cannot be accidents. He also defends the view that they are not properties. Barnes concludes: ‘This shows that the two definitions are not equivalent, and hence that the ‘predicables’ are not well-defined.’ Demetris J. Hadgopoulos defends the view that the two definitions of accidents are equivalent and per se accidents are properties. 5) Five types of predications We have five kinds of predications based on our division of subjects and our discussion of predicates: simple, primary (itself divided to substantial and accident), accidental (itself divided to primary and secondary), aoincidental and absolute predication. a) Simple predication. This is a predication in which a universal is predicated of either a particular or a universal subject. This sense of predication includes all other senses except the first kind of accidental predication. b) Primary predication. This is a predication in which a universal is predicated of a primary subject, namely a substance. A primary predication is of two kinds: i) Substantial predication. A primary predication in which the predicate is part of, or is included in, the definition of the subject. The universal that is the predicate here is the definition or the genus or the species or the diferentia of the subject. It is this predication that Aristotle calls a unity: ‘A statement may be called a unity … because it exhibits a single predicate as inhering not accidentally in a single subject.’ (PsA., B, 10, 93b35-37) It is only substantial predicates that can be predicated of each other: ‘Predicates which are not substantial are not predicated of one another.’ (PsA., A, 22, 83b18-19) Aristotle defines a substantial predication also in another way. A predication in which a higher genus is predicated on a lower genus, species, a substance or an individual, (or a species is predicated on an individual) is a substantial predication. Therefore, a substantial predication is a predication in a series that has individuals on one of its ends and a general category on its other end. In fact, only substantial predicates can be predicated of one another. (PsA., A, 22, 83b17-19) This series cannot be an infinite series because otherwise not only substances would not be definable but also a genus would be equal to one of its own species. (PsA., A, 22, 83b7-10) -/- ii) Accident predication. A primary predication in which the predicate is not part of, or is not included in, the definition of its subject. The universal that is the predicate here is the property or the accident of the subject. c) Accidental predication. This is a predication in which the subject is not a primary subject and its predicate is a substance. This predication is of two kinds: i) Primary accidental predication. This is a predication in which an accident is predicated of substance. Such a predication can go ad infinitum, which is inferable from Aristotle’s assertion that the secondary accidental predication cannot go ad infinitum. ii) Secondary accidental predication. It is a predication in which an accident is predicated of another accident. Such a predication, Aristotle asserts, cannot go ad infinitum because even more than two accidents cannot be combined. Now what is the meaning of Aristotle’s assertion that we cannot continue this ad infinitum? Does it mean that we cannot continue the predication ‘The musician is white’ and say ‘The white is Athenian?’ But why not? Or maybe he means that by adding any predication, we are still in a condition of predicating two accidents of a substance on each other. -/- As primary subjects, substances can also take the position of predicate though not essentially but accidentally. In propositions like ‘the white is a log’ or ‘That big thing is a log’ we observe substance taking the position of predicate but this is only accidentally: ‘When I affirm ‘the white is a log,’ I mean that something which happens to be white is a log- not that white is the subject in which log inheres (οὐχ ὡς τὸ ὑποκείμενον τῷ ξύλῳ τὸ λευκόν ἐστι), for it was not qua white or qua a species of white that the white (thing) came to be a log (οὔτε λευκὸν ὄν οὔθ᾿ ὃπερ λευκόν τι ἐγἐνετο ξύλον), and the white (thing) is consequently not a log except incidentally.’ (PsA., 22, 83a3-9) Aristotle compares this accidental use of substance in the position of predicate with the substantial use of it in the place of a subject: ‘On the other hand, when I affirm ‘the log is white,’ I do not mean that something else, which happens to be a log, is white (οὐχ ὃτι ἓτερόν τί ἐστι λευκόν, ἐκείνῳ δὲ συμβέβηκε ξύλῳ εἶναι), (as I should if I said ‘the musician is white,’ which would mean ‘The man who happens also to be a musician is white’); on the contrary, log is here the subject- the subject which actually came to be white, and did so qua wood or qua a species of wood and qua nothing else.’ (PsA., 22, 83a8-14) Aristotle asks us not to call propositions like ‘The white is a log’ a predication at all or at least call them accidental predication instead of simple (ἁπλως) predication. (PsA., A, 22, 83a14-17) An accidental predication, in which we have a substance in the place of predicate, is different from an essential predication in that while the subject of an accidental predication is said to be the predicate not by itself but as something different with which it coincides, the subject of an essential predicate is said to be the predicate by itself and not because it is something else: ‘Since there are attributes which are predicated of a subject essentially and not accidentally- not, that is, in the sense in which we say ‘That white (thing) is a man,’ which is not the same mode of predication as when we say ‘The man is white’: the man is white not because he is something else but because he is man, but the white is man because ‘being white’ coincides with ‘humanity’ within one subject. Therefore, there are terms such as are essentially subjects of predicates. (PsA., A, 19, 81a24-29) This capability of ‘non-essentially and only accidentally’ being a subject does belong, in fact, to all sensible things. (PsA., A, 27a32-36) d) Coincidental predication. this is a predication in which none of the subject and predicate are a substance or an individual. In this predication, one of the accidents of a substance or individual is predicated of one of the other accidentals of the same substance or individual. For example, when it is said that ‘The white is musical,’ there is an individual, say Socrates, for which both of white and musical are accidents. e) Absolute predication. This is a predication in which a form or a substance is predicated of a matter or a material substance. Some commentators like Loux and Lewis regarded this predication as close to accident predication, both based on inherence. As R.M. Dancy points out, these predications make Aristotle’s theory of predication immanentist: not only accident predications are explained by the immanence of accidents in substances, some of the substantial predications, which were not explained in Categories, are also explained by the immanence of form in matter. It is interesting that in this kind of predication, it is the predicate and not the subject, which is in the strictest sense substance. As the central books of Metaphysics claim, the form is the substance. Thus, in this predication, substance gets away from the sense of ὑποκείμενον. Corkum mentiones 68a19 as the only instance where Aristotle explicitly claims that a term may be predicated of itself, a passage that is, in Corkum’s view, problematic. 6) Demonstrable predicates Those predicates are demonstrable that are so related to their subjects that there are other predicates prior to them predicable of their subjects (ἔτι δ᾿ ἄλλος, εἰ ὧν πρότερα ἄττα κατηγορεῖται). (PsA., A, 22, 83b32-34) 7) Series of predications Since it is possible for a predicate to be itself the subject of another predication, we can have a series of predications in which the predicate of a predication is the subject of the next predication. This series has the following features: a) It has a limit (in number) (PsA., A, 22, 83b14-16) on the side of subjects: there are subjects that cannot themselves be predicated (PsA., A, 27, 43a39-41), which are, as we noted, prime subjects: particulars, i.e. prime substances and other individuals. (PsA., A, 19-22) Aristotle calls them ultimate (ὓστατον). (PsA., 21, 82a36-b1) b) It has a limit (in number of kinds) (PsA., A, 22, 83b14-16) also on the side of predicates: there must be predicates that cannot be subjects. (PsA., A, 19-22; PsA., A, 27, 43a36-39) Aristotle calls them primary (πρῶτον). (PsA., A, 21, 82b1-4) These are the highest categories or the highest genera of categories. (PsA., A, 22, 83b14-16) c) The series has an escalating shape from mere subjects at its downside to mere predicates at its upside. It is Aristotle himself whos uses the words up and down in this sense. (e.g. PsA., A, 22, 83b2-3) d) The predications that lie between lowest and highest ones must be finite in number. (PsA., A, 19-22 especially: 20, 82a21-35) These have subjects and predicates, each capable of both of the roles of being subject and being predicated. A result of this fitness is that neither demonstration can go to infinity nor everything is demonstrable, the two points Aristotle always insist on. e) The upward side includes the more universal ones and the downward the more particular ones. (PsA., 20, 82a21-23) f) It follows from the above features that ‘neither the ascending nor the descending series of predications … are infinite.’ (PsA., A, 22, 83b24-25) g) Reciprocation and convertibility. Except in case of terms (i.e. subjects and predicates) that are at each of the ends of series of predications, namely ultimates and primaries, it is possible to reciprocate (ἀντιστρέφειν) terms and convert the predication. (PsA., A, 19, 82a15-20) h) Antipredication. Antipredication means that in a predication (S is P), the subject becomes the predicate of its predicate (P is S) in the same category its predicate was predicated on it. For example, if P is in the category of quality, antipredication means that S be predicated of P in the category of quality. In other words, P is a quality of S and S is a quality of P. Aristotle rejects this. (PsA., A, 22, 83a36-b3) i) Self-predication versus other-predication. Aristotle distinguishes between a predication in which a term is said of itself and a predication in which a term is said of another. (Phy., Δ, 2, 209a31-33) j) Predicablity (Cat., 5, 3a36-b2): 1) Primary substances and individuals are not predicable. 2) Secondary substances are of two kinds: genus and species i) Genus is predicable able both of the species and of the individuals. ii) Species is predicable of the individual. 3) Differentiae are predicable both of the species and of the individuals. 8) Predication as classification a) Richard Patterson believes that Aristotle’s so repeated construction using hoper (estin A hoper B) in Topics (120a23 sq., 122b19, 26sq., 123a, 124a18, 125a29, 126a21, 128a35. Also in Posterior Analytics (83a24-30) (Brunschwig’s list. ‘expresses the fact that A is a kind of B (esti A B tis), that A is a species of the genus B.’ 9) Universal predication Aristotle defines universal predication (κατὰ παντὸς κατηγορεῖσθαι) as such: ‘wherever no instance of the subject (τῶν τοῦ ὑποκειμέμνου) can be found of which the other term cannot be asserted.’ (PrA., A, 24b27-29) In this predication, the subject is included in another as in a whole (ἐν ὃλῳ εἶναι) and the predicate is predicated of all of the subject (κατὰ παντὸς κατηγορεῖσθαι). (PrA., A, 24b26-27) Attach another discussion we had about ἐν ὃλῳ here. 10) Quantity of predication A predication, truly stated, has a quantity, which is the number of objects under the name of the subject of which the predicate is predicated. The quantity of subject can be stated in four ways: a. Indefinite: when the predicate belongs or does not belong to the subject without any mark to show to haw many of the particulars under the name of the subject it does or does not belong. E.g. ‘Man is white’; ‘Man is not white.’ (PrA., A, 24a20; OI., I, 7, 17b8-12) b. Universal quantity: When the predicate belongs to all or none of the subject. E.g. ‘Every man is animal’; ‘No man is animal.’ (PrA., A, 24a18-19; OI., I, 7, 17b5-6) The contrary of a predication of a universal quality is a predication of a universal quality. E.g. the contrary of ‘Every man is white’ is ‘No man is white.’ (OI., I, 7, 17b20-23) c. Particular quantity: When the predicate belongs (or does not belong) to some of the subject. E.g. ‘Some men are white’; ‘Some men are not white.’ (PrA., A, 24a19-20) d. Single quantity: when the subject is a proper name of only one object. E.g. ‘Socrates is white’; ‘Socrates is not white.’ The contrary of this predication is of a single quantity: ‘Socrates is not white.’ (OI., I, 7, 17b38-18a4) 11) Convertibility of predication. Some predications are convertible, that is, it is possible to change the place of subject and predicate in a true proposition so that the converted proposition remains true. This is supposed to mean that given the truth of a predication, the truth of the converted predication is inferable. The convert form of a predication depends on its quantity. a. Indefinite quantity: This predication has no strictly true convert because its quantity is not stated. b. Universal quantity: It can be converted in two ways: i) A negative universal can be converted to a negative universal in which the terms are changed. E.g. ‘No pleasure is good’ can be converted to ‘No good is pleasure.’ (PrA., A, 2, 25a5-8 and a14-19) ii) An affirmative universal can be converted to an affirmative particular in which the terms are changed. E.g. ‘Every pleasure is good’ can be converted to ‘Some good is pleasure.’ (PrA., A, 2, 25a7-9) c. Particular quantity: If it is negative, it cannot be converted but if it is affirmative, it can be converted to an affirmative predication with particular quantity. E.g. ‘Some pleasure is good’ can be converted to ‘Some good is pleasure.’ (PrA., A, 2, 25a10-13 and a20-24) d. Single quantity: It cannot be converted. 12) Characteristics of relations between subject and predicate 1. A predicate is of a wider range than its subject. It is based on this fact that Aristotle: a) Prevents individuals to be predicate because there is nothing of which an individual be of a wider range. In other words, it is due to the fact that since an individual is only ‘one particular’ thing and, thus, cannot be of a wider extent than anything that Aristotle prevents them of being a predicate. Matthews, however, thinks we cannot use Socrates, a substance and an individual, in the place of predicate and say it of Socrates because ‘Socrates does not classify Socrates: it names him.’ b) Prevents differentia, species and things under species to be predicated of genus. (To., Z, 6, 144a27-) c) Prevents the species and the things under it to be predicated of the differentia. (To., Z, 6, 144b1-4) d) Also about the effect because it is wider than its subject. (PsA., B, 17, 99a) e) Each attribute is wider than every individual it is predicated on, though several attributes, collectively considered, might not be wider but exactly the substance of a thing. (PsA., B, 13, 96a32-b1) 2. The predicate of a predicate of a subject will be predicated of the subject too: ‘whenever one thing is predicated of another as of a subject, all things said of what is predicated will be said of the subject too.’ (Cat., 3, 1b10-15) In fact, it is due to its predication of the subject that it is predicated of its predicate. (Cat., 5, 2a36-b1) Moreover, what is not predicated of the predicate of a subject cannot be predicated of it as well. (PrA., A, 27, 43b22-27) Thus, what, for example, is not predicated of animal, cannot be predicated of man. 3. The predicate of a subject can be predicated of its predicates as well. (Cat., 5, 3a1-6) For example, you call the individual man grammatical and, thence, you call both a man and an animal grammatical. Nonetheless, the predicate of a subject belongs to it more properly than to its higher predicates. (PrA., A, 27, 43a27-32) 4. It is only the subject that can be distributed and not the predicate. (PrA., A, 27, 43b16-22; OI, I, 7, 17b12-16) Therefore, we can say e.g. ‘Every man is animal’ but we cannot say ‘Every man is every animal.’ 5. It is the reason of the relation between subjects and predicates, that is the reason of predication, which is the subject of inquiry. (Met., Z, 1041a20-24) In other words, since it is a meaningless inquiry to ask why a thing is itself (Met., Z, 1041a14-15), the only remaining meaningful inquiry is to ask why something is something else, i.e. to ask about the reason of predication. 6. A subject cannot categorize its predicate in the same category in which it is categorized by it. If e.g. A is a quality of B, B cannot be a quality of A. Therefore, there is no reciprocation in the same category. (PsA., A, 22, 83a36-39) 13) Characteristics of series of predications 1. A series of secondary accidental predication cannot go ad infinitum for not even more than two terms can be comnbined. For an accident is not an accident of an accident, unless it be because both are accidents of the same subject. (Met., Γ, 1007b1-4) 2. Infinite series cannot be traversed in thought. (PsA., A, 22, 83b6-7) 3. The predications of genera on each other must be ended and cannot go to infinity because otherwise not only substances would not be definable but also a genus would be equal to one of its own species. (PsA., A, 22, 83b7-10) Therefore, a series of predication of genera on each other must be limited on both sides. There must be an upward limit in general categories as well as a downward limit in individual because they cannot be predicated of others. Whatever lies between these limits can both be predicated of others and others be predicated of them. (PrA., A, 27, 43a36-43) 4. The order of predicates matters: it makes a difference whether the series be ABC or BAC. (PsA., B, 13, 96b25-32) . (shrink)

This article applies Charles W. Mills’ notion of the domination contract to develop a Kantian theory of justice. The concept of domination underlying the domination contract is best understood as structural domination, which unjustifiably authorizes institutions and labour practices to weaken vulnerable groups’ public standing as free, equal and independent citizens. Though Kant’s theory of justice captures why structural domination of any kind contradicts the requirements of justice, it neglects to condemn exploitive gender- and race-based labour relations. Because the ideal (...) of civic equality must position all persons as co-legislators of the terms of political rule, the state must dismantle exploitive race- and gender-based labour relations for all persons to command political power as civic equals. (shrink)

Recent epidemiological reports of associations between socioeconomic status and epigenetic markers that predict vulnerability to diseases are bringing to light substantial biological effects of social inequalities. Here, we start the discussion of the moral consequences of these findings. We firstly highlight their explanatory importance in the context of the research program on the Developmental Origins of Health and Disease (DOHaD) and the social determinants of health. In the second section, we review some theories of the moral status of health (...) inequalities. Rather than a complete outline of the debate, we single out those theories that rest on the principle of equality of opportunity and analyze the consequences of DOHaD and epigenetics for these particular conceptions of justice. We argue that DOHaD and epigenetics reshape the conceptual distinction between natural and acquired traits on which these theories rely and might provide important policy tools to tackle unjust distributions of health. (shrink)

The policy of earmarked paternity leave aims to promote mothers’ position in the labor market and fathers’ relationship with their child. Critics argue that the policy prevents parents from pursuing their own ideas about what is best for them. This provides reason to consider whether the policy is paternalistic or, in other ways, disrespectful of parental autonomy. I argue that the state implicates itself in the gender inequalities that result from parents’ unequal parental leave agreements when the state financially facilitates (...) such agreements. This argument for earmarked paternity leave is not disrespectful of parental autonomy. (shrink)

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

Relative blindsight is said to occur when different levels of subjective awareness are obtained at equality of objective performance. Using metacontrast masking, Lau and Passingham reported relative blindsight in normal observers at the shorter of two stimulus-onset asynchronies between target and mask. Experiment 1 replicated the critical asymmetry in subjective awareness at equality of objective performance. We argue that this asymmetry cannot be regarded as evidence for relative blindsight because the observers’ responses were based on different attributes of (...) the stimuli at the two SOAs. With an invariant criterion content , there was no asymmetry in subjective awareness across the two SOAs even though objective performance was the same. Experiment 3 examined the effect of criterion level on estimates of relative blindsight. Collectively, the present results question whether metacontrast masking is a suitable paradigm for establishing relative blindsight. Implications for theories of consciousness are discussed. (shrink)

At the very beginning of On Interpretation (I, 1, 16a3-14) Aristotle distinguishes four levels and discusses their relationships. From this text, we can infer the following: 1. There are four levels: writing, speaking, mental experience and external world. Since writing and speaking can truly be taken as belonging to the same realm, we can reduce Aristotle’s distinction to three realms: language, thought and external world. 2. The realm of language, in both levels of writing and speaking, is different for different (...) people but both of the other realms of thought and external world are the same for them. By this Aristotle must mean that though people of different languages have different writings and speaking words, the things that are in the world and their affections on people’s thought are the same. 3. The relations both between language and thought and in language itself is symbolization: ‘Spoken words are the symbols of mental experience and written words are the symbols of spoken words.’ 4. The relation between external world and thought is similarity: ‘Those things of which our mental experiences are similarities (παθἠματα τῆς ψυχῆς ... ὁμοιώματα).’ (ΟΙ., 16a7) In de Anima (16a8-9; II, 5, 418a4-5; II, 4, 429a10-11; 429a13-16; 429a23) Aristotle describes thoughts as ‘likenesses of objects.’ Paolo Crivelli says that in these addresses Aristotle believe that ‘a thought is of an object just if it is a likeness of it’ and ‘to be a likeness of an object is to be the result of a process of likening of which that object is a cause.’ This, Crivelli believes, is indeed the basis of the sameness of the objects of thoughts: they are results of the same processes of likening by the same objects. 5. There is a correspondence between nouns and verbs on the one hand and objects of thought without co-positing and positing away on the other hand: ‘Nouns themselves and verbs are like objects of thought (νοἠματι) without co-positing and positing away.’ (OI, I, 1, 16a13-14) A. Relationship between external world and thought The following can be inferred from Aristotle’s works about the relationship between thought and external world: 1. ‘The soul is in a way all existing things; for existing things are either sensible or thinkable, and knowledge is in a way what is knowable, and sensation is in a way what is sensible.’ (So., Γ, 8, 431b21-23) In fact, ‘within the soul the faculties of knowledge and sensation are potentially these objects, the one what is knowable, the other what is sensible.’ (So., Γ, 8, 431b26-27) 2. It is the form of the external objects that are in thought (So., Γ, 8, 431b26-29) and the objects of thought are in the sensible forms, viz. both the abstract objects and all the states and affections of sensible things (ἐν τοῖς εἴδεσι τοῖς αἰσθητοῖς τὰ νοητὰ ἐστι, τά τε ἐν ἀφαιρέσει λεγόμενα, καὶ ὃσα τῶν αἰσθητῶν ἓξις καὶ πάθη). (So., Γ, 8, 432a3-6) 3. While external objects are perishable, objects of thought seem to be eternal. (PrA., A, 33, 47b21-22) B. Relationship between language and the external world 1. There is a correspondence between the external world and the true statements about them: ‘If it is true to say that a thing is white, it must necessarily be white; if the reverse proposition is true, it will of necessity not be white.’ (OI, I, 9, 18a39-b5) 2. While external objects ‘does seem in some way the cause of’ the truth or falsity of lingual statements, ‘the true statement is in no way the cause of the actual thing’s existence.’ (Cat., 12, 14b18-22; cf. OI, I, 9, 18b36-19a6) Thus, the external objects reciprocate as to implication of existence with the corresponding true statement about them and thus are prior to them.’ (Cat., 12, 14b11-23) 3. The opposition between an affirmation and negation corresponds to an opposition in the external world between the objects underlying those statements. (Cat., 10, 12b6-15) 4. The correspondence of the whole structure of the external world and language for Aristotle is so that in analyzing the language he shows himself as analyzing the external world. It is in fact a very crucial and controversial dispute whether Aristotle’s philosophy in its very decisive parts is theorizing about language or about external world. In most of his important theories, he begins with discussing language. In fact, language is where he enters the discussion and, in many cases, where he finishes it. In these cases, he either does not discuss external world at all or only derives some principles or conclusions about it. In some other cases he begins from language but ends in external world. a) Daniel W. Graham thinks that language is Aristotle’s ‘model of the world.’ He refers to ‘subjecthood’ as what formally characterizes primary substance and explains how it bases reality in Aristotle: while to be an absolute subject is equal to be fully real, to be a predicate of a subject is equal to be real. ‘Language is not merely a tool to get around in the world; it reveals the structure of the world … the deep structure of language is isomorphic with the world… In this word, logic can reveal connections between elements because language and the world have a form in common. He lists Trendelenburg (1846, 11-13), Gillespie (1925) and (Ackrill (1963, 78-81) as those who have the same idea. b) Emphasizing on the force of τί in Aristotle’s statement when he says that assertions affirm something (τί) of something (τί) makes Peter Simpson (p. 85) to stress, in his interpretation of Jacob’s theory, on the ontological aspect of Aristotle’s philosophy. Jacob says that in his theory of predication, Aristotle focuses on ‘things’ and not words or concepts and predication is a relationship between extralinguistic entities rather than merely linguistic ones; something extralinguistic and ontological. c) Quoting Ackrill ((1963, 73): ‘the categories classify things, not words’) and Kahn ((1978, 248): ‘Aristotle never regards predication as a grammatical or linguistic relation of word to word, nor does he ever speak of subject and predicate as concepts united in judgment’), Fabio Morales says that Aristotle is not classifying predication in Categories but the attributes or properties these stand for.’ d) Graham thinks that the theory of synonymity-homonimity is not purely linguistic, since it is things rather than words that have these properties. (shrink)

This article examines where Kant stands on the question of the redistribution of wealth and income both nationally and globally. Kant is rightly seen as a radical reformer of the world order from a political standpoint seeking a republican, federative worldwide system; can he also be seen as wanting to bring about an equally dramatic shift from an economic perspective? To answer this question we have first of all to address the question of whether he is an egalitarian or an (...) inegalitarian at the national level. Certainly there are certain social and material inequalities within a civil society Kant is prepared to accept and there are some he is not. This would imply that he would affirm certain inequalities at an international level and that there are others upon which he would recommend action. Thus the question arises as to whether or not it is appropriate for Kantians to regard the current enormous inequalities in wealth and income between individuals living in different parts of the globe as scandalous and in need of change. The paper throughout relates the problem of distributive justice within the state to the problem of distributive justice amongst states, arguing that this approach is warranted by Kant's own method. Particular attention is paid to how Kant's own approach to political philosophy may be deployed to underpin a change to a distinctive type of international distributive justice. (shrink)

The topic of the relationship between the organism and its environment runs through the theories of Uexküll, Goldstein and Canguilhem with equal importance. In this work a counterpoint will be established between their theories, in the attempt to assess at which points the melodies are concordant and at which points they are discordant. As fundamental basis to his theory, Uexküll relies on the concept of conformity to a plan, which allows him to account for the congruity and perfect (...) adjustment between organisms and their Umwelten. For Goldstein and Canguilhem, the relationship between an organism and its environment resembles instead a debate or coming to terms, in which the organism, as to ensure the continuity of the state of health, must constantly create norms to maintain a productive relationship with its environment. The pinpointing of these conceptual frameworks allows to lay emphasis on that each theory relies on specific assumptions regarding teleology and sense in organisms, as well as on specific definitions of the concept of life in general. Ultimately, the view that organisms and their environments have an original and common source, a principle, or plan, which must possess all the creative characteristics of life, will be seen as prevailing. (shrink)

Some theorists argue that rather than advocating a principle of educational equality as a component of a theory of justice in education, egalitarians should adopt a principle of educational adequacy. This paper looks at two recent attempts to show that adequacy, not equality, constitutes justice in education. It responds to the criticisms of equality by claiming that they are either unsuccessful or merely show that other values are also important, not that equality is not important. It (...) also argues that a principle of educational adequacy cannot be all there is to justice in education. (shrink)

In this essay, I argue that the objections that have been raised against the view that equality is intrinsically valuable also provide objections to the view that all practical reasons can be explained in terms of value. Plausible egalitarian principles entail that under certain conditions people have claims to an equal share. These claims entail reasons to distribute goods equally that cannot be explained by value if equality has no intrinsic value.

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)

I formulate and defend a theory of special procreative duties in the context of a liberal egalitarian theory of justice. I argue that (1) the only special duty that procreators owe their offspring is that of ensuring that their life prospects are non-negative (worth living), and (2) the only special duty that procreators owe others is that of ensuring that they are not disadvantaged by the procreators’ offspring (a) violating their rights or (b) adversely affecting their equality rights and (...) duties. (shrink)

Methodological nationalism assumes that, to understand a phenomenon, nation- states are the relevant units of analysis. This assumption has been recognized as a source of bias in most of the social sciences. Does it bias Rawls' understanding of justice, too? This paper argues that it does for at least two reasons. Firstly, what Rawls thinks justice requires on a global scale falls short of what states and international organisations actually do. Secondly, framing the difference principle in national terms, as Rawls (...) did, is a way to increase the “citizenship rent”, or the revenue a person receives just by being citizen of a rich country The paper argues that methodological nationalism biases Rawls’ understanding of justice by affecting both the plausibility and the coherence of his theory. (shrink)

Proposed theory on pluralism: Although religious pluralism and co-existence is achievable, there must always exist a dominant cultural, religious or ideological framework within which minorities reside. The theory on pluralism that I wish to propose is what I have termed as “dominationism” or “domination theory”. Domination theory would state that even though religious pluralism can and should exist in a modern society, it can only be sustained if it exists within a dominant framework. This framework may have a religious, secular (...) or atheistic slant, but it is nevertheless the dominant framework in which religious pluralism exists. Although the idea of domination of one framework and religious pluralism may seem contradictory, an example of this can be found in almost every country. For example, in the United Kingdom, we live in a pluralistic society within a religious framework slanted towards Anglicanism (Bradney, 2015). In the United States, they live in a pluralistic society within a secularistic framework (Rosentiel, 2007). In the UK’s case, Anglicanism is the framework in which religious pluralism exists and in the US, secularism is the framework in which religious pluralism also exists. In both countries, religious pluralism is readily upheld, however, both have systems or frameworks that are characterised by a dominant ideology or religion. The argument that dominationism is proposing is that religious pluralism cannot exist in and of itself as there must be a dominant framework for it to exist within. An example of where this theory is being tested is in the case of Nigeria that has an almost equal population of Christians and Muslims. In that country, secularism must be the dominant framework for the country to continue to exist as it is split along religious lines between its north and its south (Reinhart, 2019). Dominationism essentially states that whether a country is religious or secular or atheist, there will always exist a dominant framework by which a country is run and through which it identifies in the majority, whether that be religious, secular, or atheistic. Applied to a democracy, dominationism states that a democratic system is geared towards the dominant majority but in which religious pluralism is likely to still exist due to the liberal nature of the society (e.g. France and Germany) (Schieder, 2015). In an authoritarian state, dominationism is existent in the dominant minority who possess political and often military power (e.g. North Korea and China) who often don’t allow open practice of religion at all. This does not mean to say that France and Germany are anything like North Korea and China, but this comparison demonstrates the two extremes of the applicability of domination theory and how there can exist a variety of shades of dominationism between these two extremes. To illuminate the domination theory further and to make a deeper link to pluralism and interfaith interactions in relation to the domination theory, I have selected a total of eleven photos for the portfolio. (shrink)

In an effort to construct a plausible theory of experience-based welfare, Wayne Sumner imposes two requirements on the relevant kind of experience: the information requirement and the autonomy requirement. I argue that both requirements are problematic.First, I argue (very briefly) that a well-know case like ‘the deceived businessman’ need not support the information requirement as Sumner believes. Second, I introduce a case designed to cast further doubt on the information requirement. Third, I attend to a shortcoming in Sumner’s theory of (...) welfare, namely that it is unclear which of later and informed assessments are to be treated as authoritative when it comes to the evaluation of a person’s welfare. Finally, I suggest that, in combination with ‘welfarism’ (to which Sumner subscribes, and which has it that welfare is all that matters from a moral viewpoint), the information requirement entail morally troublesome conclusions: e.g. the conclusion that, from a moral point of view, we should, other things being equal, only to be concerned with the alternative that makes one person slightly better off in respect of welfare instead of also being morally concerned with the alternative that makes one person very happy. (shrink)

Stable adaptive strategy of Homo sapiens (SESH) is a superposition of three different adaptive data arrays: biological, socio-cultural and technological modules, based on three independent processes of generation and replication of an adaptive information – genetic, socio-cultural and symbolic transmissions (inheritance). Third component SESH focused equally to the adaptive transformation of the environment and carrier of SESH. With the advent of High Hume technology, risk has reached the existential significance level. The existential level of technical risk is, by definition, an (...) evolutionary risk as possible leads to the genesis of disappearance of humanity as a species. The emergence of bioethics has to consider as a form of modern (transdisciplinary) scientific concept and sociocultural adaptation for regulate human identity in the global-evolutionary transformation and performs the function of self-preservation. (shrink)

This paper is an engagement with Equality by John Baker, Kathleen Lynch, Judy Walsh and Sara Cantillon. It identifies a dilemma for educational egalitarians, which arises within their theory of equality, arguing that sometimes there may be a conflict between advancing equality of opportunity and providing equality of respect and recognition, and equality of love care and solidarity. It argues that the latter values may have more weight in deciding what to do than traditional educational (...) egalitarians have usually thought. (shrink)

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

Susan Okin read Robert Nozick as taking it to be fundamental to his Libertarianism that people own themselves, and that they can acquire entitlement to other things by making them. But she thinks that, since mothers make people, all people must then be owned by their mothers, a consequence Okin finds absurd. She sees no way for Nozick to make a principled exception to the idea that people own what they make when what they make is people, concluding that Nozick’s (...) theory of entitlement must be false, and that entitlement must instead be rooted in people’s needs. I say Okin misreads Nozick’s Libertarianism. In fact, its fundamental principle is that, simply by being persons, people are entitled to the maximum negative liberty compatible with a like liberty for all persons. Further, Nozick, and Jan Narveson, who has taken on the advocacy of Libertarian ideas, analyze liberty as freedom to interact with things, and analyze being entitled to or having property in something, as freedom to interact with it, to determine what may be done with it. People therefore have such freedom to do what they want with themselves, and such freedom to do what they want with other things, as is compatible with all persons having similar freedom. The former is what self-ownership amounts to, the latter, ownership of other things. Libertarianism’s fundamental principle therefore both grounds and delimits entitlements in ways entailing that mothers don’t own persons by dint of making them. Otherwise, since it would then be the prerogative of mothers to determine what shall be done with the persons they made, the persons made would lack equal liberty, this violating the fundamental principle. (shrink)

The aim of this paper is to present a constructive solution to Frege's puzzle (largely limited to the mathematical context) based on type theory. Two ways in which an equality statement may be said to have cognitive significance are distinguished. One concerns the mode of presentation of the equality, the other its mode of proof. Frege's distinction between sense and reference, which emphasizes the former aspect, cannot adequately explain the cognitive significance of equality statements unless a clear (...) identity criterion for senses is provided. It is argued that providing a solution based on proofs is more satisfactory from the standpoint of constructive semantics. (shrink)

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

In this introduction, I briefly summarize Sophia Moreau's Faces of Inequality. I situate her monograph within two highly contemporary bodies of literature — relational egalitarianism and discrimination theory — to show how it provides important insights for understanding both what it means to treat others as equals in society and how to define wrongful discrimination. Moreau's work on discrimination is of great relevance for philosophers and socio-legal theorists alike as the commentaries from the symposium contributors demonstrate, including Dale Smith, Pablo (...) Gilabert, Andrea Sangiovanni, Daniel Viehoff, Jessica Eisen, Alysia Blackham, and Iyiola Solanke. (shrink)

Bai Tongdong’s Against Political Equality argues for Confucian meritocracy over a pure democracy of equals. His arguments draw on a multiple modernities comparison between the Spring and Autumn Warring States period in China and early modernity in the West, and rest on a Mencian conception of human nature according to which humans are equal in moral potential but not in moral actuality. I argue that there is a crucial disanalogy between this Chinese early modernity and Western early modernity: the (...) role of capitalism. In a similarly comparativist and modernist spirit, drawing on B. R. Ambedkar and M. K. Gandhi, I argue that this disanalogy challenges both Bai’s critique of democracy and his positive account. Bai’s failure to take into account the role of capitalism in Western modernity raises a challenge to the explanatory power of his Mencian conception of human nature with regard to the failings of contemporary democracies, namely that capitalism fosters the relevant features of our moral psychology that cause those failings. Further, without that grounding assumption, Bai’s arguments against democracy cut equally against his Confucian meritocracy. The disanalogy also creates challenges for his positive proposal. Bai, I argue, provides an ideal theory of Confucian meritocracy at the same time as he provides a non-ideal theory of democracy. But, taking into account the non-ideal cultural and moral psychological features of capitalism, Bai’s Confucian meritocracy is likely to fall into an unjust and oligarchic hierarchy. (shrink)