This paper provides an introductory review of the theory of judgment aggregation. It introduces the paradoxes of majority voting that originally motivated the field, explains several key results on the impossibility of propositionwise judgment aggregation, presents a pedagogical proof of one of those results, discusses escape routes from the impossibility and relates judgment aggregation to some other salient aggregation problems, such as preference aggregation, abstract aggregation and probability aggregation. The present illustrative rather than exhaustive review is (...) intended to give readers new to the field of judgment aggregation a sense of this rapidly growing research area. (shrink)

The dominant theory of judgment in 1870 was one or other variety of combination theory: the act of judgment is an act of combining concepts or ideas in the mind of the judging subject. In the decades to follow a succession of alternative theories arose to address defects in the combination theory, starting with Bolzano’s theory of propositions in themselves, Brentano’s theory of judgment as affirmation or denial of existence, theories distinguishing (...) class='Hi'>judgment act from judgment content advanced by Brentano’s students Twardowski, Husserl and Meinong, and finally, Adolf Reinach’s addition of a linguistic dimension to the Brentano-Husserlian theory of judgment – an account of judgments as ways of doing things with words in what Reinach called ‘social acts’. (shrink)

In this paper I develop a new account of the philosophical motivations for Descartes’s theory of judgment. The theory needs explanation because the idea that judgment, or belief, is an operation of the will seems problematic at best, and Descartes does not make clear why he adopted what, at the time, was a novel view. I argue that attending to Descartes’s conception of the will as the active, free faculty of mind reveals that a general concern (...) with responsibility motivates his theory of judgment. My account avoids some unappealing features of the standard interpretation, renders the theory more plausible than many have suggested, and explains why his theory does not fall neatly into any current-day position on the issue of the control we have over belief. (shrink)

In situations where we ignore everything but the space of possibilities, we ought to suspend judgment—that is, remain agnostic—about which of these possibilities is the case. This means that we cannot sum our degrees of belief in different possibilities, something that has been formalized as an axiom of non-additivity. Consistent with this way of representing our ignorance, I defend a doxastic norm that recommends that we should nevertheless follow a certain additivity of possibilities: even if we cannot sum degrees (...) of belief in different possibilities, we should be more confident in larger groups of possibilities. It is thus shown that, in the type of situation considered (in so-called ‘classical ignorance’, i.e. “behind a thin veil of ignorance”), it is epistemically rational for advocates of suspending judgment to endorse this comparative confidence; while on the other hand it is shown that, even in classical ignorance, no stronger belief—such as a precise uniform probability distribution—is warranted. (shrink)

I argue that the familiar picture of the rise of analytic philosophy through the early work of G. E. Moore and Bertrand Russell is incomplete and to some degree erroneous. Archival evidence suggests that a considerable influence on Moore, especially evident in his 1899 paper ‘The nature of judgment,’ comes from the literature in nineteenth-century empirical psychology rather than nineteenth-century neo-Hegelianism, as is widely believed. I argue that the conceptual influences of Moore’s paper are more likely to have had (...) their source in the work of two of Moore’s teachers, G. F. Stout and James Ward. What may be called an anti-psychologism about psychology characterizes the work of these and other psychologists of the period. I argue that the anti-psychologism that is the main aim of Moore’s early theory of judgment is an adaptation of this notion, which is significantly dissimilar from the notion defended by Bradley, traditionally thought to have been a key influence on Moore.Keywords: G. E. Moore; Bertrand Russell; Propositions; Anti-psychologism; Early analytic philosophy; G. F. Stout. (shrink)

In 'On the nature of truth and falsehood' Russell offers both a multiple relation theory of judgment and a correspondence theory of truth. It has been a prevailing understanding of the Tractatus that Wittgenstein rejects Russell’s multiple relation idea but endorses the correspondence theory. Ramsey took the opposite view. In his 'Facts and Propositions', Ramsey endorses Russell’s multiple relation idea, rejects the correspondence theory, and then asserts that these moves are both due to Wittgenstein. This (...) chapter will argue that Ramsey’s ascriptions are both correct. The extent of the agreement between Ramsey and Wittgenstein will be argued, moreover, to count definitively against standard understandings of Ramsey as a redundancy theorist of truth. Wittgenstein is no correspondence theorist and Ramsey is no redundancy theorist; rather, both philosophers offer identity theories of truth. (shrink)

Distinguishes two senses of 'judgment' on the one hand as meaning a state of 'conviction' or 'belief', and on the other hand as meaning an act of 'affirmation' or 'assertion'. Certainly conviction and assertion stand in close relation to each other, but they delineate two heterogeneous logical spheres, and thereby divide the total field of the theory of judgment into two neighbouring but separate sub-fields. Once this is done it is shown to have implications for our understanding (...) especially of the phenomenon of negation, and of the distinction between negation as affirmation of a negative state of affairs, and negation as act of contradicting the judgment someone else has made. (shrink)

Hume is believed by many to hold an emotivist thesis, according to which all expressions of moral judgements are expressions of moral sentiments. However, most specialist scholars of Hume either deny that this is Hume's position or believe that he has failed to argue convincingly for it. I argue that Hume is an emotivist, and that his true arguments for emotivism have been hitherto overlooked. Readers seeking to understand Hume's theory of moral judgements have traditionally looked to the first (...) section of Book 3 of his Treatise, which discusses the relation between morality and reason. I argue that there is evidence elsewhere which better supports Hume's emotivist thesis. Hume's arguments for emotivism focus more on the causes of moral sentiments than on their relation to reason or belief, and he argues that moral sentiments are such as to arise whenever we contemplate morally relevant objects. He also holds that the presence of moral sentiments precludes any possibility of moral belief, because moral beliefs could only be less vivid copies of moral sentiments, and these cannot simultaneously exist. Hume concludes that all moral judgements must be expressions of sentiments. (shrink)

This chapter briefly reviews the present state of judgment aggregation theory and tentatively suggests a future direction for that theory. In the review, we start by emphasizing the difference between the doctrinal paradox and the discursive dilemma, two idealized examples which classically serve to motivate the theory, and then proceed to reconstruct it as a brand of logical theory, unlike in some other interpretations, using a single impossibility theorem as a key to its technical development. (...) In the prospective part, having mentioned existing applications to social choice theory and computer science, which we do not discuss here, we consider a potential application to law and economics. This would be based on a deeper exploration of the doctrinal paradox and its relevance to the functioning of collegiate courts. On this topic, legal theorists have provided empirical observations and theoretical hints that judgment aggregation theorists would be in a position to clarify and further elaborate. As a general message, the chapter means to suggest that the future of judgment aggregation theory lies with its applications rather than its internal theoretical development. (shrink)

This paper critically examines two objections and raises a new objection against the besire theory of moral judgment. Firstly, Smith (1994) observes that a belief that p tends to expire whereas a desire that p tends to endure on the perception that not p. His observation does not refute the sophisticated version of the besire theory that to besire that p is to believe that p and to desire to act in accordance with the belief that p. (...) Secondly, Zangwill (2008) claims that the strength of motivation may vary while the degree of belief remains constant. Besirists would reply that a besire admits of both degree and strength. Finally, I argue that the belief that p endures while the desire to act on the belief that p expires with the introduction of a new bodily condition, and hence that the belief and the desire are distinct mental states. (shrink)

The concept of acting intentionally is an important nexus where ‘theory of mind’ and moral judgment meet. Preschool children’s judgments of intentional action show a valence-driven asymmetry. Children say that a foreseen but disavowed side-effect is brought about 'on purpose' when the side-effect itself is morally bad but not when it is morally good. This is the first demonstration in preschoolers that moral judgment influences judgments of ‘on-purpose’ (as opposed to purpose influencing moral judgment). Judgments of (...) intentional action are usually assumed to be purely factual. That these judgments are sometimes partly normative — even in preschoolers — challenges current understanding. Young children’s judgments regarding foreseen side-effects depend upon whether the children process the idea that the character does not care about the side-effect. As soon as preschoolers effectively process the ‘theory of mind’ concept, NOT CARE THAT P, children show the side-effect effect.idea.. (shrink)

This paper develops a new form of metaethical expressivism according to which the normative judgment that X should Φ consists in a decision that X Φ. When the judgment is first-personal—e.g., my judgment that I should Φ—the view is similar to Gibbard’s plan expressivism, though the state I call “decision” differs somewhat from a Gibbard-style plan. The deep difference between the views shows in the account of third-personal judgments. Gibbard construes the judgment that Mary should Φ (...) as a de se plan on the thinker’s part to Φ if she turns out to be Mary (the Subtle View). I construe the judgment as a decision for Mary that Mary Φ (the Simple View). The main argument for Simple Plan Expressivism is that it solves problems for Gibbard’s approach, resonates with a new and interesting moral psychology, and better makes sense of certain independently plausible constraints on normative judgment. In the end I argue that this account of normative judgment has implications for first-order ethics, implying in particular that rational egoism as standardly formulated is incoherent. (shrink)

Reinach’s essay of 1911 establishes an ontological theory of logic, based on the notion of Sachverhalt or state of affairs. He draws on the theory of meaning and reference advanced in Husserl’s Logical Investigations and at the same time anticipates both Wittgenstein’s Tractatus and later speech act theorists’ ideas on performative utterances. The theory is used by Reinach to draw a distinction between two kinds of negative judgment: the simple negative judgment, which is made true (...) by a negative state of affairs; and the polemical negative judgment, which is a performative utterance in which the truth of some earlier judgment – typically a judgment made by some other person – is denied. (shrink)

Recent debates in political theory display a renewed interest in the problem of judgment. This article critically examines the different senses of judgment that are at play in Jürgen Habermas’ theory of law. The article offers a new critical reading of Habermas’ account of the legitimacy of law, and a revisionary interpretation of the reconstructive approach to political theory that underpins it. Both of these are instrumental to an understanding of what is involved in judging (...) the legitimacy of law that is richer than has been recognized thus far by both critics and defenders of Habermas. (shrink)

The new …eld of judgment aggregation aims to …nd collective judgments on logically interconnected propositions. Recent impossibility results establish limitations on the possibility to vote independently on the propositions. I show that, fortunately, the impossibility results do not apply to a wide class of realistic agendas once propositions like “if a then b” are adequately modelled, namely as subjunctive implications rather than material implications. For these agendas, consistent and complete collective judgments can be reached through appropriate quota rules (which (...) decide propositions using acceptance thresholds). I characterise the class of these quota rules. I also prove an abstract result that characterises consistent aggregation for arbitrary agendas in a general logic. (shrink)

Kant and the Feeling of Life positions Kant's concept of life as a guiding thread for understanding not only Kant's approach to aesthetics and teleology but the underlying unity of the Critique of Judgment itself. The "feeling of life," which Kant describes as affecting us in various ways--as animating, enlivening, and quickening the mind--lies at the heart of Kant's philosophical project, but it has remained understudied for a theme of such centrality. This volume brings together, for the first time, (...) essays focused on the topic of life in Kant's work, providing a wealth of perspectives and analyses ranging from the Critique of Judgment to Kant's early aesthetics, his social and political philosophy, his work connected to the body and health, and his moral theory. (shrink)

From a philosophical point of view, in general we can clearly distinguish two cultures, that is, culture in the context of the natural sciences and culture in the context of the humanities. Attempts are now being made to propose a third notion of culture, one that involves rational choice and moral judgment in this discourse. Before the 2000s, people tended to separate rational choice from moral judgment. However, for some years now, Kant's concept of pure reason as the (...) self-sufficiency of the subject has been questioned by intellectuals. There is a new definition of rationality, that is, rationality must be placed in a given situation to make sense, and it is context dependent, so it can be called situational rationality. (shrink)

Evaluative theories of emotions purport to shed light on the nature of emotions by appealing to values. Three kinds of evaluative theories of emotions dominate the recent literature: the judgment theory equates emotions with value judgments; the perceptual theory equates emotions with perceptions of values, and the attitudinal theory equates emotions with evaluative attitudes. This paper defends a fourth kind of evaluative theory of emotions, mostly neglected so far: the reactive theory. Reactive theories claim (...) that emotions are attitudes which arise in reaction to perceptions of value. (shrink)

One desideratum for contemporary theories of emotion both in philosophy and affective science is an explanation of the relation between emotions and objects that illicit them. According to one research tradition in emotion theory, the Evaluative Tradition, the explanation is simple: emotions just are evaluative judgments about their objects. Growing research in affective science supports this claim suggesting that emotions constitute (or contribute to) evaluative judgments such as moral judgments about right and wrong. By contrast, recent scholarship in two (...) historical emotion theories, Augustinian and Thomistic, emphasize their sharp distinction between cognitive judgments and affectivity or between reason and emotion. For these historical models, reason, not emotion, is responsible for moral judgment. Are the evaluative and historical models at irreconcilable odds? Should we discard old models that fail to satisfy intuitions about the intricate role of emotions in moral judgment? This paper compares these research programs and suggests a roadmap for collaboration. (shrink)

In this paper, I join the so-called voluntarism debate on Descartes’s theory of will and judgment, arguing for an indirect doxastic voluntarism reading of Descartes, as opposed to a classic, or direct doxastic voluntarism. More specifically, I examine the question whether Descartes thinks the will can have a direct and full control over one’s suspension of judgment. Descartes was a doxastic voluntarist, maintaining that the will has some kind of control over one’s doxastic states, such as belief (...) and doubt. According to a long-held reading, the control that the will has over doxastic states in Descartes’s theory is direct; the doxastic states are affected by the mere act of will. This reading is called direct doxastic voluntarism (DDV), or direct voluntarism (DV) for short, and it states that we are capable of assenting, rejecting and suspending a judgment based only on our will to do so. Thus, these actions would be utterly and merely volitional. DV can be divided into two further positions, direct positive voluntarism (+DV) and direct negative voluntarism (-DV). Direct positive voluntarism deals with the act of forming judgments, maintaining that one can accept or deny a proposition wilfully and either merely believe or not believe something voluntarily. Direct negative voluntarism deals with the suspension of judgment, maintaining that it can likewise be accomplished by a simple act of will. However, I support an alternate account of Descartes’s voluntarism, which is called indirect doxastic voluntarism (IDV), or indirect voluntarism (IV) for short. By this account, the will is capable of affecting a doxastic state indirectly by making one concentrate on essential tasks for forming that state, such as gathering up and paying attention to strong reasons and evidence. IV is also possible to divide into indirect positive voluntarism (+IV) and indirect negative voluntarism (-IV). Per indirect positive voluntarism the will needs to pay attention to reasons for accepting or denying some proposition. Likewise, by indirect negative voluntarism, in order to suspend judgment the will needs to direct this attention to the reasons for doubt. By attending to these reasons, the will also comes face-to-face with its own freedom. This feeling of freedom can be described as affectivity of the reasons for belief (assent) and doubt (suspension). (shrink)

This chapter has two sections, each focusing on a distinct way in which ethical disagreement and variations in ethical judgment matter for theories of ethical thought and talk. In the first section, we look at how the variation poses problems for both cognitivist and non-cognitivist ways of specifying the nature of ethical judgments. In the second, we look at how disagreement phenomena have been taken to undermine cognitivist accounts, but also at how the seeming variation in cognitive and non-cognitive (...) contents between parties of deep ethical disagreement challenges both cognitivist and non-cognitivist accounts of disagreement itself. (shrink)

This paper examines the differences between moralist, realist, and pragmatist approaches to political legitimacy by articulating their largely implicit views of judgment. Three claims are advanced. First, the salient opposition among approaches to legitimacy is not between “moralism” and “realism.” Recent realist proposals for rethinking legitimacy share with moralist views a distinctive form, called “normativism”: a quest for knowledge of principles that solve the question of legitimacy. This assumes that judging legitimacy is a matter of applying such principles to (...) a case at hand. Second, neither Rawls nor Habermas is a normativist about political legitimacy. The principles of legitimacy they proffer claim to express rather than adjudicate the legitimacy of a liberal-democratic regime, and thus cannot solve the question of legitimacy at a fundamental level. But perhaps we should question the normativist aspiration to theoretically resolving the problem to begin with. My third claim is that a “pragmatist” approach enables us to rethink political legitimacy more deeply by shifting focus from the articulation of principles to the activity of judging. Implicit in Rawls’s and Habermas’s theories I then find clues towards an alternative account of judgment, in which the question of legitimacy calls not for theoretical resolution but for ongoing practical engagement. (shrink)

This dissertation examines the psychology of moral judgment and its implications for normative ethics and metaethics. Recent empirical findings in moral psychology, such as the impact of emotions, intuitions, and situational factors on moral judgments, have sparked a debate about whether ordinary moral judgments are systematically error-prone. Some philosophers, such as Peter Singer and Joshua Greene, argue that these findings challenge the reliability of moral intuitions and support more "reasoned", consequentialist approaches over deontological ones. The first part of the (...) dissertation reviews these provocative findings and the philosophical reactions to them, which often invoke the notion of 'moral relevance' - the idea that some factors shaping moral judgments are morally irrelevant. The second part develops a psychological account of moral relevance, drawing on theories of the moral domain, the role of emotions, and models of moral cognition. This account reveals the complex interplay of intuitive and reasoned processes in generating impressions of moral relevance. The final part reevaluates the philosophical discussions in light of this psychological understanding. It contends that the evolutionary background of moral intuitions does not necessarily render them inadequate, and that both deontological and consequentialist judgments likely depend on evolved intuitions to a significant degree. Furthermore, the tendency to dismiss certain influences on moral judgment as irrelevant can itself be explained psychologically. Considering the psychological account presented, mind-independent accounts of morality become less plausible. The dissertation concludes that while empirical moral psychology reveals important constraints on normative theorizing, it does not decisively favor consequentialism over deontology. To assess the significance of empirical-scientific findings for ethics, a nuanced understanding of the origins of moral judgments is nevertheless indispensable. (shrink)

In this paper, I propose to discuss the theory of error or Khyativāda with special reference to Nyāya philosophy. The error is an epistemological concept. As such it is contrasted with the truth. Philosophers, while dealing with the concept of error, have analyzed it from logical, metaphysical and psychological perspective. The problem of error in Indian philosophy is discussed in the different theories known as the Khyativāda. According to Nyāya School error is known as anyathākhyativāda. Here 'anyathā' literally means (...) 'otherwise' or 'else-wise'. When shell is perceived as silver, the erroneous cognition consists in the fact that the shell is perceived otherwise i.e. as other than what it really is. Error is an instance of erroneous judgement resulting from mischaracterization. Naiyāyikas bring in jñānalaksana pratyaksa to account for perceptual error. And the later Naiyāyikas are trying to explain the perceptual character of illusory experience, undoubtedly, an illusion, there is the attribution of false character to a perceived fact. (shrink)

The truthmaker theory rests on the thesis that the link between a true judgment and that in the world to which it corresponds is not a one-to-one but rather a one-to-many relation. An analogous thesis in relation to the link between a singular term and that in the world to which it refers is already widely accepted. This is the thesis to the effect that singular reference is marked by vagueness of a sort that is best understood in (...) supervaluationist terms. In what follows we show that the supervaluationist approach to singular reference, when wedded to the truthmaker idea, yields a framework of surprising power, which offers a uniform set of solutions to a range of problems regarding identity, reference and knowledge, problems which have hitherto been dealt with on an ad hoc basis. (shrink)

What is the relationship between degrees of belief and binary beliefs? Can the latter be expressed as a function of the former—a so-called “belief-binarization rule”—without running into difficulties such as the lottery paradox? We show that this problem can be usefully analyzed from the perspective of judgment-aggregation theory. Although some formal similarities between belief binarization and judgment aggregation have been noted before, the connection between the two problems has not yet been studied in full generality. In this (...) paper, we seek to fill this gap. The paper is organized around a baseline impossibility theorem, which we use to map out the space of possible solutions to the belief-binarization problem. Our theorem shows that, except in limiting cases, there exists no belief-binarization rule satisfying four initially plausible desiderata. Surprisingly, this result is a direct corollary of the judgment-aggregation variant of Arrow’s classic impossibility theorem in social choice theory. (shrink)

This paper offers a Nietzschean theory of emotion as expressed by following thesis: paradigmatic emotional experiences exhibit a distinctive kind of affective intentionality, specified in terms of felt valenced attitudes towards the (apparent) evaluative properties of their objects. Emotional experiences, on this Nietzschean view, are therefore fundamentally feelings towards value. This interpretation explains how Nietzschean affects can have evaluative intentional content without being constituted by cognitive states, as these feelings towards value are neither reducible to, nor to be thought (...) along the lines of, judgements, perceptions, or other mental states. (shrink)

Anyone familiar with Russell’s work on the multiple-relation theory of judgment will at some point have puzzled over the map of the five-term understanding complex at the end of Chapter 1, Part II of his Theory of Knowledge (1913). Russell presents the map with the intention of clarifying what goes on when a subject S understands the “proposition” that A and B are similar. But the map raises more questions than it answers. In this paper I present (...) and develop some of the central issues that arise from Russell’s map, and I offer an interpretation of it that reflects his evolving views in the manuscript. I argue that multiple lines in the map are not meant to represent many relations, but rather one comprehensive multiple relation of understanding. And I argue that such a relation relates in a complex way due to the distinctive nature of its relata. (shrink)

Based on a crowdsourced truth value judgment experiment, we provide empirical evidence challenging two classical views in semantics, and we develop a novel account of counterfactuals that combines ideas from inquisitive semantics and causal reasoning. First, we show that two truth-conditionally equivalent clauses can make different semantic contributions when embedded in a counterfactual antecedent. Assuming compositionality, this means that the meaning of these clauses is not fully determined by their truth conditions. This finding has a clear explanation in inquisitive (...) semantics: truth-conditionally equivalent clauses may be associated with different propositional alternatives, each of which counts as a separate counterfactual assumption. Second, we show that our results contradict the common idea that the interpretation of a counterfactual involves minimizing change with respect to the actual state of affairs. We propose to replace the idea of minimal change by a distinction between foreground and background for a given counterfactual assumption: the background is held fixed in the counterfactual situation, while the foreground can be varied without any minimality constraint. (shrink)

What is it that we are doing when we make ethical claims and judgments, such as the claim that we morally ought to assist refugees? This dissertation introduces and defends a novel theory of ethical thought and discourse. I begin by identifying the surface features of ethical thought and discourse to be explained, including the realist and cognitivist (i.e. belief-like) appearance of ethical judgments, and the apparent close connection between making a sincere ethical judgment and being motivated to (...) act on it. I examine prominent attempts to explain these features, with a focus on recent ‘hybrid’ theories combining elements of expressivism and cognitivism. Despite their initial promise, I argue that extant hybrid theories are nevertheless committed to problematic semantic, metasemantic, or pragmatic assumptions. I then discuss what I take to be the strongest existing option, ethical neo-expressivism (Bar-On and Chrisman, 2009; Bar-On, Chrisman, and Sias, 2014), and develop it into an explicitly hybrid theory proposing that ethical judgments incorporate both motivationally-charged affective states and moral beliefs. I then supplement this account with a theory of the proper function (following Millikan, 1984) of ethical claims and judgments, arguing that they function simultaneously to track the morally salient features of social situations, and to coordinate our behavior around these features. Finally, I defend one of the cognitivist commitments of the theory – namely, that objective moral knowledge is possible – by applying recent work on the epistemology of fundamental or ‘core’ intellectual commitments (Lynch, 2012; Pritchard, 2016) to the moral realm. (shrink)

The nature of learning processes as well as evolutionary considerations suggest that aesthetic judgement is of central importance in the formation of custom. Learning and extrapolation rely on evaluations of non-instrumental features like simplicity, analogy, straightforwardness, and clarity. Further, learning is particularly effective if it is driven by an active desire to uncover new regularities, rather than merely gathering information in a passive way.From an evolutionary perspective, learning has evolved as an adaptation to fast and transitory environmental changes which cannot (...) be effectively traced by the slow and long-term evolutionary processes which take place on the genetic level. The evolutionary raison d’être of learning is to enable the individual to incessantly search for upcoming new regularities, and to act appropriately on them. As learning depends on aesthetic judgement, the evolutionary selection for learning implies an evolutionary molding of an aesthetic sense, and a preference for patterns and patterned action which ultimately leads to the formation of custom and social learning. The paper presents, thus, an evolutionary underpinning for the behavioral tendencies underlying my theory of custom. (shrink)

A classic, though basically neglected question about motivation arises when we attempt to account for blame’s nature—namely, does the recognition central to blame need help from an independent desire in order to motivate the blame-characteristic dispositions that arise in the blamer? Those who have attended to the question think the answer is yes. Hence, they adopt what I call a Humean Construal of blame on which blame is (a) a judgment that an individual S is blameworthy and (b) an (...) independent desire about S not doing as they did or being as they are. This paper rejects arguments for the Humean Construal, illustrates deep failings of that view, and uses these considerations to support anti-Humean accounts of blame in particular and moral motivation more broadly. (shrink)

David Hume endorses three claims that are difficult to reconcile: (1) sympathy with those in distress is sufficient to produce compassion towards their plight, (2) adopting the general point of view often requires us to sympathize with the pain and suffering of distant strangers, but (3) our care and concern is limited to those in our close circle. Hume manages to resolve this tension, however, by distinguishing two types of sympathy. We feel compassion towards those around us because associative sympathy (...) causes us to mirror their pain and suffering, but our ability to enter into the afflictions of those remote from us involves cognitive sympathy and merely requires us to reflect upon how we would feel in their shoes. This hybrid theory of sympathy receives support from recent work on affective mirroring and cognitive pretense. Hume’s account should appeal to contemporary researchers, therefore, who are interested in the nature of moral imagination. (shrink)

We argue that moral decision making is reasons-based, focusing on the idea that people encounter decisions as questions to be answered and that they process reasons to the extent that they can see them as putative answers to those questions. After introducing our topic, we sketch the erotetic reasons-based framework for decision making. We then describe three experiments that extend this framework to moral decision making in different question frames, cast doubt on theories of moral decision making that discount reasons (...) and appeal, and replicate our initial finds in moral contexts that do not involve direct physical harm. We conclude by reinterpreting Stanley Milgram’s studies in destructive obedience in our new framework. (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)

My aim in this paper is to provide an account of practical judgement, for Kant, that situates it within his theory of judgement as a whole—particularly, with regards to the distinction between the determining and reflecting use of judgement. I argue that practical judgement is a kind of determining judgement, but also one in which reflecting judgement plays a significant role. More specifically, I claim that practical judgement arises from the cooperation of the reflecting power of judgement with the (...) faculty of reason—the former assisting the latter in the application of its principle. I conclude by considering a possible role for feeling in practical judgement. (shrink)

Ernst Cassirer claimed that Kant's notion of actual object presupposes the notion of truth. Therefore, Kant cannot define truth as the correspondence of a judgement with an actual object. In this paper, I discuss the relations between Kant's notions of truth, object, and actuality. I argue that's notion of actual object does not presuppose the notion of truth. I conclude that Kant can define truth as the correspondence of a judgement with an actual object.

In this thesis I argue that the psychological study of concepts and categorisation, and the philosophical study of reference are deeply intertwined. I propose that semantic intuitions are a variety of categorisation judgements, determined by concepts, and that because of this, concepts determine reference. I defend a dual theory of natural kind concepts, according to which natural kind concepts have distinct semantic cores and non-semantic identification procedures. Drawing on psychological essentialism, I suggest that the cores consist of externalistic placeholder (...) essence beliefs. The identification procedures, in turn, consist of prototypes, sets of exemplars, or possibly also theory-structured beliefs. I argue that the dual theory is motivated both by experimental data and theoretical considerations. The thesis consists of three interrelated articles. Article I examines philosophical causal and description theories of natural kind term reference, and argues that they involve, or need to involve, certain psychological elements. I propose a unified theory of natural kind term reference, built on the psychology of concepts. Article II presents two semantic adaptations of psychological essentialism, one of which is a strict externalistic Kripkean-Putnamian theory, while the other is a hybrid account, according to which natural kind terms are ambiguous between internalistic and externalistic senses. We present two experiments, the results of which support the strict externalistic theory. Article III examines Fodor’s influential atomistic theory of concepts, according to which no psychological capacities associated with concepts constitute them, or are necessary for reference. I argue, contra Fodor, that the psychological mechanisms are necessary for reference. (shrink)

It’s a popular idea that memory resembles testimony insofar as each can ‘preserve’ epistemic warrant. But how does such ‘preservation’ do its epistemic work? I have elsewhere developed an assurance theory of testimonial warrant. Here, I develop an assurance theory of preservative memory. How could the ‘preservation’ of warrant through memory work through an assurance? What would even count as an intrapersonal assurance? I explain each form of preservation by contrasting the relation that preserves warrant with a pathological (...) alternative. My assurance theory of testimony theorizes the illocutionary norms governing the speech act of telling by explaining what goes wrong when there’s what Austin calls an ‘abuse.’ But what norms govern an intrapersonal memory relation? There are two sides in a memory relation: the earlier self judges that p, then memory keeps the later self in epistemic touch with that judgment by ‘preserving’ its warrant. But this is not an illocutionary relation. (When you ‘tell yourself that p,’ you are trying to ‘convince yourself’ that p and as such typically do not yet even judge that p.) I argue that the earlier self nonetheless offers an assurance by extending an invitation to trust. Your earlier self judges that p in part by projecting a future in which you will continue to trust yourself on the question whether p when you lose access to the evidence that informed the judgment. That projection of trust in yourself posits a worthiness of trust that ought to lead others to accept your testimony that p. Assurance in memory and assurance in testimony thus ought to work together. This aspect of the parallel emerges vividly when we see how it breaks down in the pathology of gaslighting – more than merely illocutionary abuse! – which targets specifically how testimony and memory work together in inviting trust relations. (shrink)

Analyses of moral value judgements must meet a practicality requirement: moral speech acts characteristically express pro- or con-attitudes, indicate that speakers are motivated in certain ways, and exert influence on others' motivations. Nondescriptivists including Simon Blackburn and Allan Gibbard claim that no descriptivist analysis can satisfy this requirement. I argue first that while the practicality requirement is defeasible, it indeed demands a connection between value judgement and motivation that resembles a semantic or conceptual rather than merely contingent psychological link. I (...) then show how a form of descriptivism, the interest-relational theory, satisfies the requirement as a pragmatic and conversational feature of value judgement – thereby also accommodating its defeasibility. The word ``good'' is always indexed to some set of motivations: when this index is unarticulated in many contexts the speaker conversationally implicates possession of those motivations. (shrink)

This piece was written circa 1982–83, drawing in part on material from my PhD thesis (The Problem of the Single Case, Cambridge, 1981). In the thesis I proposed what would now be called an expressivist account of judgements of the form ‘It is probable that p’. One chapter, on which this paper builds, tried to defend the view against the Frege-Geach argument. This piece earned a revise and resubmit from Philosophical Review, but was never resubmitted. Parts of it made their (...) way into my ‘Semantic Minimalism and the Frege Point’, in Tsohatzidis, S.L.(ed.), Foundations of Speech Act Theory: Philosophical and Linguistic Perspectives, Routledge, 1994, pp. 132–55 (reprinted in Naturalism without Mirrors, Oxford, 2011, ch. 3) – though that paper favours a different approach to the Frege-Geach argument, leaning more heavily on semantic minimalism. I’m putting this piece online to facilitate self-citation. (shrink)

In this paper I sketch some arguments that underlie Hegel's chapter on judgment, and I attempt to place them within a broad tradition in the history of logic. Focusing on his analysis of simple predicative assertions or ‘positive judgments’, I first argue that Hegel supplies an instructive alternative to the classical technique of existential quantification. The main advantage of his theory lies in his treatment of the ontological implications of judgments, implications that are inadequately captured by quantification. The (...) second concern of this paper is the manner in which Hegel makes logic not only dependent on ontology generally, but also variant in regard to domains of objects. In other words, he offers a domain-specific logical theory, according to which the form of judgment or inference is specific to the subject of judgment. My third concern lies with the metaphilosophical consequences of this theory, and this includes some more familiar Hegelian themes. It is well known that Hegel frequently questioned the adequacy of the sentential form for expressing higher order truths. My reading of his theory of predication explains and contextualizes this tendency by demystifying notions like the so-called speculative proposition. (shrink)

It is argued that in the absence of an algorithm of theory-choice, a role must be played by deliberative judgement in the process of choosing rationally between theories.

Motivational judgement internalists hold that there is a necessary connection between moral judgments and motivation. There is, though, an important lack of clarity in the literature about the types of moral evaluation the theory is supposed to cover. It is rarely made clear whether the theory is intended to cover all moral judgements or whether the claim covers only a subset of such judgements. In this paper I will investigate which moral judgements internalists should hold their theory (...) to apply to. I will argue that the possibility of the supererogation amoralist, someone who makes genuine supererogation judgements but remains unmotivated by them, makes it implausible to be an internalist about moral goodness. As a result, internalists should restrict their claim to moral requirement judgements. I will then argue that this creates an explanatory burden for Internalism. In order for their view to be plausible they must explain why some moral judgements and not others are necessarily connected to motivation. (shrink)

Arendt’s theory of judgment has puzzled her readers for a long time. Beiner and other scholars believe that Arendt has two different kinds of theories of judgment, and they also believe that the theory of judgment in Arendt’s later writings indicates that she has shifted her focus from action to mind. But this view is a misreading of Arendt. Arendt’s working always focus on the question “how can we act morally”, and there is only one (...) theory of judgment for Arendt. (shrink)

In Eichmann in Jerusalem , Hannah Arendt struggled to defend the possibility of judgment against the obvious problems encountered in attempts to offer legally valid and morally meaningful judgments of those who had committed crimes in morally bankrupt communities. Following Norrie, this article argues that Arendt’s conclusions in Eichmann are equivocal and incoherent. Exploring her perspectival theory of judgment, the article suggests that Arendt remains trapped within certain Kantian assumptions in her philosophy of history, and as such (...) sees the question of freedom in a binary way. The article argues that Adorno’s philosophy of freedom provides the resources to diagnose and overcome Arendt’s shortcomings. Adorno’s position provides a way of embracing the antinomical character of judgment, by emphasising the need for elements of reason and nature in the phenomenon of freedom. In Adorno’s lights, judgment becomes an attempt to express a ‘spirit of solidarity’ with the tragic status of the potentially free but actually unfree subject of modernity. (shrink)

In this paper, I argue that Kant has a far more communitarian theory of aesthetic life than is usually acknowledged. I focus on two aspects of Kant’s theory that might otherwise be taken to support an individualist reading, namely, Kant’s emphasis on aesthetic autonomy and his characterization of judgments of taste as involving demands for agreement. I argue that the full expression of autonomy in fact requires being a member of an aesthetic community and that within such a (...) community, judgments of taste are issued as invitations to others to engage their faculties towards the goal of shared aesthetic appreciation. (shrink)

A few years ago, Krzysztof Czerniawski published the book Three Ver- sions of the Epistemic Theory of Truth: Dummett, Putnam, Wright. It at- tracted my attention, as while there are many works which are concerned with the philosophical problem of truth, there are just a few compara- tive studies of different ideas concerning the theory of truth. The author in question focuses on the so-called Epistemic Theory of Truth, which as- sumes, according to the characterization of Wolfgang (...) Künne, that being true depends to some extent on our judgement. It is clear that many other philosophers have understood truth in similar terms: e.g. Pierce, Brenta- no and Neurath. However, Czerniawski concentrates on the most recent history of the Epistemic Theory, and does not seek to take account of the philosophies of either Habermas or Gadamer, whose ideas on truth stand in a somewhat more complex relationship both to this line of development and to the analytical tradition from which it has mostly emerged. Thus, he chooses Michael Dummett, Hilary Putnam and Crispin Wright—three analytical philosophers who have significantly contributed to the devel- opment of “epistemic” approaches to the problem of truth. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)