The relationship between law and coercion has always been a highly controversial topic in contemporary legal philosophy. After an initial phase in which there was a strong consensus on its essential importance for law, an apparent consensus on the exact opposite has emerged in the last decades. In recent years, however, several important publications have reignited the debate. They criticise the latter position and argue strongly in favour of considering coercion as a necessary or relevant property of law, as well (...) as propose new ways to approach the debate and conceive the relevant question. -/- The aim of this chapter is to contribute to the revitalised debate by arguing for the importance of coercion both for the existence of law and for the function(s) of law. I will argue that if law is seen as a tool or artefact, the fulfilment of its function(s) depends both on its existence and on its possession of a certain property that enables the achievement of that end. I will then show how coercion can be understood as necessary for the existence of law by analysing two main arguments for coercion-dependent existence: that coercion is motivationally necessary to ensure conformity to law, and that it is necessary to ensure the existence of a community. Finally, even if this argument fails, I will show that coercion can nevertheless be understood as the particular property that law has to fulfil its function(s). I will argue that this is the case for most of the possible functions of law, especially those related to behaviour-guidance and coordination-solving. -/- I will proceed as follows. In section 2, I will address some useful definitions of coercion and law and offer some insights into the view of law as an artefact and the functions ascribed to it. In section 3, I will set out some general theoretical positions on the relationship between coercion and law that will help to frame the content of the arguments that follow in the next section. In section 4, I will analyse the role and significance of coercion for the existence of legal systems (4.1) and for the function of legal systems (4.2). Finally, in section 5, I will offer some concluding remarks. (shrink)

While the claim that certain functional states are sufficient for conscious experience has received substantial critical attention, the claim that functional states are necessary is rarely addressed. Yet the latter claim is perhaps now more common than the former. I aim to revive and revise a neglected argument against the necessity claim, by Michael Antony. The argument involves manipulating a conscious subject's brain so as to cancel a disposition which is supposedly crucial to the realization of an experience that the (...) subject is having at the time. The key step in the argument is to show that, contrary to what the functional necessity claim implies, the experience can survive such a manipulation. I defend that key step in a new way, by arguing that since the manipulation cannot influence the subject's thoughts, emotions, or behavior, there is no reason to suppose that it alters his conscious experience. (shrink)

The purpose of this paper is to show whether the two crucial dimensions used for assessing the quality of argumentation, argument-as-a-product (argument structure) and argument-as-a-process (relevance), are interrelated, and how they can be used to assess the effect of argumentative mode on students’ arguments. To this purpose, a twofold coding scheme will be developed, aimed at capturing: a) the argumentative function of evidence use and b) the dialogical relevance of evidence use. A study will be described in which students’ (...) use of evidence is elicited in two distinct argumentative modes (dialogical vs. non-dialogical). According to the results, in the dialogical mode students tended to use evidence in a more sophisticated way from both argument evaluation perspectives. (shrink)

In Nicomachean Ethics 1. 7, Aristotle gives a definition of the human good, and he does so by means of the “ ergon argument.” I clear the way for a new interpretation of this argument by arguing that Aristotle does not think that the ergon of something is always the proper activity of that thing. Though he has a single concept of an ergon, Aristotle identifies the ergon of an X as an activity in some cases but a product in (...) others, depending on the sort of thing the X is—for while the ergon of the eye is seeing, the ergon of a sculptor is a sculpture. This alternative interpretation of Aristotle’s concept of an ergon allows the key explanatory middle term of the ergon argument to be what, I argue, it ought to be: “the best achievement of a human.”. (shrink)

This is basically a paper about artistic evaluation and how multiple interpretations can give rise to inconsistent and conflicting meanings. Images like Joel-Peter Witkin’s First Casting for Milo (2004) challenge the viewer to look closely, understand the formal properties at work, and then extract a meaning that ultimately asks, Is the model exploited or empowered? Is Karen Duffy, pictured here, vulnerable and “enfreaked” or is she potentially subversive, transgressive, and perhaps self-empowered? I will offer an argument in agreement with artist/author/ (...) performer Ann Millett-Gallant that favors the latter interpretation, but will augment and complicate the issue by also introducing a pointed question or two taken from a recent analysis by Cynthia Freeland on objectification. I judge the works by photographer Joel-Peter Witkin to be representations of disabled persons who are empowered through agency and pride, but I also worry about the risk of multiple, conflicting interpretations on the part of viewers who do not, or cannot, entertain such enlightened readings. Like second wave feminist views about pornography that depicted women in demeaning ways, or feminist critiques of Judy Chicago’s The Dinner Party , Witkin’s photos can be judged as potentially offensive. But they are also objects of beauty—both in terms of aesthetic properties (they are magnificent studies in black and white, shadows, the human body, with many classical references) and because of the feeling of beauty and pride felt by the posers, who become performers of their own beauty and pride. I argue that beauty trumps offensiveness. Pride wins. But I’m not sure that everyone will agree. (shrink)

David Rosenthal is a well-known defender of a particular kind of theory of consciousness known as the higher-order thought theory (HOTT). Higher-order theories are united by what Rosenthal calls the Transitivity Principle (TP), which states that a mental state is conscious iff one is conscious of oneself, in some suitable way, as being in that mental state. Since there are various ways to implement TP and HOTT commits one to the view that any mental state could occur unconsciously it seems (...) to predict that a mental state’s being conscious doesn’t have any significant function to perform. An unconscious mental state, according to the theory, has most of its causal connections already, as evidenced by priming studies, subliminal perception, and other empirical findings. Given this, one early objection to HOTT was to emphasize this consequence of the theory. Since consciousness does have a function any theory which predicts that it doesn’t must be suspect. Rosenthal’s primary goal in this paper is to defend HOTT against this objection. In fact he argues that if we could establish that consciousness has no function independently of HOTT we would then have an analogous argument for it: Since consciousness doesn’t have any significant function any theory which predicts that it doesn’t fares be. (shrink)

This paper employs a case study from the history of neuroscience—brain reward function—to scrutinize the inductive argument for the so-called ‘Heuristic Identity Theory’ (HIT). The case fails to support HIT, illustrating why other case studies previously thought to provide empirical support for HIT also fold under scrutiny. After distinguishing two different ways of understanding the types of identity claims presupposed by HIT and considering other conceptual problems, we conclude that HIT is not an alternative to the traditional identity theory so (...) much as a relabeling of previously discussed strategies for mechanistic discovery. (shrink)

The well-known empiricist apories of the lawfulness of nature prevent an adequate philosophical interpretation of empirical science until this day. Clarification can only be expected through an immanent refutation of the empiricist point of view. My argument is that Hume’s claim, paradigmatic for modern empiricism, is not just inconsequent, but simply contradictory: Empiricism denies that a lawlike character of nature can be substantiated. But, as is shown, anyone who claimes experience to be the basis of knowledge (as the empiricist naturally (...) does), has, in fact, always already presupposed the lawfullness of nature, i.e. has assumed the ontology of a nature lawful in itself. If lawfulness is, more closely, understood as dependency on conditions, then the functional character of the laws of nature is involved with the consequence that verification is not to be taken as a mere repetition of measurements but as clarification of the conditional structure of the physical process. Furthermore the functionality of the laws of nature also includes a statement on their invariance (relative to certain transformations) and so their lawlikeness. This throws a new light on the problem of induction. Seen in this way it is hardly surprising that the notorious neglect of the functional aspect in empiricism has led to fundamental problems with the concept of the law of nature. (shrink)

I show that there are good arguments and evidence to boot that support the language as an instrument of thought hypothesis. The underlying mechanisms of language, comprising of expressions structured hierarchically and recursively, provide a perspective (in the form of a conceptual structure) on the world, for it is only via language that certain perspectives are avail- able to us and to our thought processes. These mechanisms provide us with a uniquely human way of thinking and talking about the world (...) that is different to the sort of thinking we share with other animals. If the primary function of language were communication then one would expect that the underlying mechanisms of language will be structured in a way that favours successful communication. I show that not only is this not the case, but that the underlying mechanisms of language are in fact structured in a way to maximise computational efficiency, even if it means causing communicative problems. Moreover, I discuss evidence from comparative, neuropatho- logical, developmental, and neuroscientific evidence that supports the claim that language is an instrument of thought. (shrink)

There is an under-appreciated tradition of genealogical explanation that is centrally concerned with social functions. I shall refer to it as the tradition of pragmatic genealogy. It runs from David Hume (T, 3.2.2) and the early Friedrich Nietzsche (TL) through E. J. Craig (1990, 1993) to Bernard Williams (2002) and Miranda Fricker (2007). These pragmatic genealogists start out with a description of an avowedly fictional “state of nature” and end up ascribing social functions to particular building blocks of our practices (...) – such as the fact that we use a certain concept, or live by a certain virtue – which we did not necessarily expect to have such a function at all. That the seemingly archaic device of a fictional state-of-nature story should be a helpful way to get at the functions of our actual practices must seem a mystifying proposal, however; I shall therefore endeavor to demystify it in what follows. My aim in this chapter is twofold. First, by delineating the framework of pragmatic genealogy and contrasting it with superficially similar methods, I argue that pragmatic genealogies are best interpreted as dynamic models whose point is to reveal the function – and non-coincidentally often the social function – of certain practices. Second, by buttressing this framework with something it notably lacks, namely an account of the type of functionality it operates with, I argue that both the type of functional commitment and the depth of factual obligation incurred by a pragmatic genealogy depend on what we use the method for: the dynamic models of pragmatic genealogy can be used merely as heuristic devices helping us spot functional patterns, or more ambitiously as arguments grounding our ascriptions of functionality to actual practices, or even more ambitiously as bases for functional explanations of the resilience or the persistence of practices. By bringing these distinctions into view, we gain the ability to distinguish strengths and weaknesses of the method’s application from strengths and weaknesses of the method itself. (shrink)

The well-known empiricist apories of the lawfulness of nature prevent an adequate philosophical interpretation of empirical science until this day. Clarification can only be expected through an immanent refutation of the empiricist point of view. My argument is that Hume’s claim, paradigmatic for modern empiricism, is not just inconsequent, but simply contradictory: Empiricism denies that a lawlike character of nature can be substantiated. But, as is shown, anyone who claimes experience to be the basis of knowledge (as the empiricist naturally (...) does), has, in fact, always already presupposed the lawfullness of nature, i.e. has assumed the ontology of a nature lawful in itself. If lawfulness is, more closely, understood as dependency on conditions, then the functional character of the laws of nature is involved with the consequence that verification is not to be taken as a mere repetition of measurements but as clarification of the conditional structure of the physical process. Furthermore the functionality of the laws of nature also includes a statement on their invariance (relative to certain transformations) and so their lawlikeness. This throws a new light on the problem of induction. Seen in this way it is hardly surprising that the notorious neglect of the functional aspect in empiricism has led to fundamental problems with the concept of the law of nature. (shrink)

Alvin Plantinga is an American-born philosopher of religion and one of the leading advocates of contemporary Christian philosophy. Plantinga deals with numerous problems of the monotheistic Christian religion, including the problem of religious pluralism. One of the most common questions an atheist asks a believer is, "Why your God and not someone else's?" Therefore, this paper aims to present Plantinga's answer to the question of religious pluralism. We will achieve this goal by developing Plantinga's theory of "proper functioning", a (...) thesis that atheism represents a state of incorrect functioning of cognitive mechanisms. We can respond to the problem of religious pluralism through positive or negative apologetics. Plantinga has chosen negative apologetics, arguing that the believer is under no obligation to justify the truth of his beliefs when confronted with the problem of religious pluralism. Although Plantinga provides numerous convincing arguments supporting his position, we will show that we can provide a positive apologetic by returning to the foundations of Plantinga's understanding of intentionality and mental representations. In so doing, we will demonstrate a broader range of ways a believer can defend his epistemic position and connect Plantinga's epistemology of religion in relevant ways to contemporary theories of cognitive psychology and philosophy of cognition. (shrink)

In this paper we present an analysis of persuasive definition based on argumentation schemes. Using the medieval notion of differentia and the traditional approach to topics, we explain the persuasiveness of emotive terms in persuasive definitions by applying the argumentation schemes for argument from classification and argument from values. Persuasive definitions, we hold, are persuasive because their goal is to modify the emotive meaning denotation of a persuasive term in a way that contains an implicit argument from values. (...) However, our theory is different from Stevenson’s, a positivistic view that sees emotive meaning as subjective, and defines it as a behavioral effect. Our proposal is to treat the persuasiveness produced by the use of emotive words and persuasive definitions as due to implicit arguments that an interlocutor may not be aware of. We use congruence theory to provide the linguistic framework for connecting a term with the function it is supposed to play in a text. Our account allows us to distinguish between conflicts of values and conflicts of classifications. (shrink)

The Significance Argument (SA) for the irreducibility of consciousness is based on a series of new puzzle-cases that I call multiple candidate cases. In these cases, there is a multiplicity of physical-functional properties or relations that are candidates to be identified with the sensible qualities and our consciousness of them, where those candidates are not significantly different. I will argue that these cases show that reductive materialists cannot accommodate the various ways in which consciousness is significant and must allow massive (...) vagueness in conscious experience. I also will argue that a nonreductive theory of the conscious-of relation can easily provide a very satisfying, unified explanation of the ways in which this relation is significant. (shrink)

Many philosophers treat mental imagery as a kind of perceptual representation – it is either a perceptual state, or a representation of a perceptual state. In the sciences, writers point to mental imagery by way of a standard gloss – mental imagery is said to be (often, early) perceptual processing not directly caused by sensory stimuli (Kosslyn et al. 1995). Philosophers sometimes adopt this gloss, which I will call the basic view. Bence Nanay endorses it, and appeals to it in (...) a number of places to argue that mental imagery plays various functional or explanatory roles, as well as to argue that some mental phenomena should be seen as forms of mental imagery. In places he goes even further, relying on this view of mental imagery to explain how mental imagery is a unified kind despite heterogeneous appearances, and using this view to support his claim that mental imagery is a natural kind. Nanay’s book – which is a both a useful introduction to the many ways that mental imagery appears in discussions across philosophy, neuroscience, and psychology, as well as an extended argument for the multi-faceted relevance of mental imagery to a range of projects in the philosophy of mind and psychology – thus also serves as a nice test case for whether this basic view of mental imagery is good enough to aid theorizing across philosophy and the sciences. I think not. I will illustrate why by looking at two areas. First, I will discuss Nanay’s argument regarding mental imagery and object files. Second, I will discuss an issue Nanay raises, regarding the relationship between mental and motor imagery. A longer discussion might look to many more areas – as already mentioned, Nanay’s book covers a wide range of mental phenomena – with the same lesson emerging. The nature of mental imagery cannot be fully understood without facing an array of choice points, many of which push us to make commitments beyond the basic view. (shrink)

_One of the strongest arguments against hate speech legislation is the so-called Argument from Political Speech. This argument problematizes the restrictions that might be placed on political opinions or political critique when these opinions are expressed in a way which can be interpreted as ‘hateful’ towards minority groups. One of the strongest free speech scholars opposing hate speech legislation is Ronald Dworkin, who stresses that having restrictions on hate speech is, in fact, illegitimate in a liberal democracy. The right to (...) express oneself freely concerning any political decision is, according to Dworkin, a core democratic principle; it is what self-governance – and hence liberal democracies – are built upon. Dworkin and many other free speech scholars based in the United States see hate speech legislation as a threat to expressing oneself freely and critically. I argue that Dworkin and other US-based free speech scholars tend to overlook actual hate speech legislation in countries where such laws have been implemented and have functioned for decades. Furthermore, I argue that the real threat against political speech lies not in hate speech legislation but rather outside of the law, namely, in private institutions such as universities and museums. Restrictions on political speech in various societal circumstances have been on the rise over the last decades – first and foremost in the US. I analyse why these restrictions on political speech are more widespread in the only Western country without laws against hate speech than they are in countries with implemented hate speech laws._ _Keywords_: political speech, hate speech, hate speech legislation, private institu-tions, universities, USA. (shrink)

Indispensability arguments are used as a way of working out what there is: our best science tells us what things there are. Some philosophers think that indispensability arguments can be used to show that we should be committed to the existence of mathematical objects (numbers, functions, sets). Do indispensability arguments also deliver conclusions about the modal properties of these mathematical entities? Colyvan (in Leng, Paseau, Potter (eds) Mathematical knowledge, OUP, Oxford, 109-122, 2007) and Hartry Field (Realism, mathematics and modality, Blackwell, (...) Oxford, 1989) each suggest that a consequence of the empirical methodology of indispensability arguments is that the resulting mathematical objects can only be said to exist (or not exist) contingently. Kristie Miller has argued that this line of thought doesn’t work (Miller in Erkenntnis, 77 (3), 335-359, 2012). Miller argues that indispensability arguments are in direct tension with contingentism about mathematical objects, and that they cannot tell us about the modal status of mathematical objects. I argue that Miller’s argument is crucially imprecise, and that the best way of making it clearer no longer shows that the indispensability strategy collapses or is unstable if it delivers contingentist conclusions about what there is. (shrink)

One of the most pivotal yet under-examined moments in Spinoza's Theological-Political Treatise is his attempt to define the notion of 'faith'. In this paper, I unpack Spinoza's understanding of his definition and its significance within the broader argument of the Treatise by carefully analyzing the relationship between the definition's terminology and logical structure. I specifically examine the connection Spinoza draws between faith and obedience, arguing that according to Spinoza's definition, conceiving of obedience implies conceiving of faith, and not the other (...) way around (as many commentators have claimed). I explore the implications of this entailment for interpreting the nature and function of Spinoza's 'dogmas of universal faith'. Spinoza claims that the definition faith ultimately grounds his main argument in the Treatise, which makes the case for a radical separation between 'faith' and 'philosophy'. One of my goals in the paper is to bring out in higher resolution how the definition underwrites this argument, and what it ultimately means. (shrink)

This book is an anthology with the following themes. Non-European Tradition: Bussanich interprets main themes of Hindu ethics, including its roots in ritual sacrifice, its relationship to religious duty, society, individual human well-being, and psychic liberation. To best assess the truth of Hindu ethics, he argues for dialogue with premodern Western thought. Pfister takes up the question of human nature as a case study in Chinese ethics. Is our nature inherently good (as Mengzi argued) or bad (Xunzi’s view)? Pfister ob- (...) serves their underlying agreement, that human beings are capable of becoming good, and makes precise the disagreement: whether we achieve goodness by cultivating autonomous feelings or by accepting external precepts. There are political consequences: whether government should aim to respect and em- power individual choices or to be a controlling authority. Early Greek Thinking: Collobert examines the bases of Homeric ethics in fame, prudence, and shame, and how these guide the deliberations of heroes. She observes how, by depending upon the poet’s words, the hero gains a quasi- immortality, although in truth there is no consolation for each person’s inevi- table death. Plato: Santas examines Socratic Method and ethics in Republic 1. There Socrates examines definitions of justice and tests them by comparison to the arts and sciences. Santas shows the similarities of Socrates’ method to John Rawls’ method of considered judgments in reflective equilibrium. McPherran interprets Plato’s religious dimension as like that of his teacher Socrates. McPherran shows how Plato appropriates, reshapes, and extends the religious conventions of his own time in the service of establishing the new enterprise of philosophy. Ac- cording to Taylor, Socrates believes that humans in general have the task of helping the gods by making their own souls as good as possible, and Socrates’ unique ability to cross-examine imposes on him the special task of helping others to become as good as possible. This conception of Socrates’ mission is Plato’s own, consisting in an extension of the traditional conception of piety as helping the gods. Brickhouse and Smith propose a new understanding of Socratic moral psychology—one that retains the standard view of Socrates as an intellectualist, but also recognizes roles in human agency for appetites and passions. They compare and contrast the Socratic view to the picture of moral psychology we get in other dialogues of Plato. Hardy also proposes a new, non-reductive understanding of Socratic eudaimonism—he argues that Socrates invokes a very rich and complex notion of the “Knowledge of the Good and Bad”, which is associated with the motivating forces of the virtues. Rudebusch defends Socrates’ argument that knowledge can never be impotent in the face of psychic passions. He considers the standard objections: that knowledge cannot weigh incom- mensurable human values, and that brute desire, all by itself, is capable of moving the soul to action. Aristotle: Anagnostopoulos interprets Aristotle on the nature and acquisition of virtue. Though virtue of character, aiming at human happiness, requires a complex awareness of multiple dimensions of one’s experience, it is not properly a cognitive capacity. Thus it requires habituation, not education, according to Aristotle, in order to align the unruly elements of the soul with reason’s knowledge of what promotes happiness. Shields explains Aristotle’s doctrine that goodness is meant in many ways as the doctrine that there are different analyses of goodness for different types of circumstance, just as for being. He finds Aristotle to argue for this conclusion, against Plato’s doctrine of the unity of the Good, by applying the tests for homonymy and as an immediate cons- equence of the doctrine of categories. Shields evaluates the issue as unresolved at present. Russell discusses Aristotle’s account of practical deliberation and its virtue, intelligence (phronesis). He relates the account to contemporary philo- sophical controversies surrounding Aristotle’s view that intelligence is neces- sary for moral virtue, including the objections that in some cases it is unnecessary or even impedes human goodness. Frede examines the advantages and disadvantages of Aristotle’s virtue ethics. She explains the general Greek con- ceptions of happiness and virtue, Aristotle’s conception of phronesis and compares the Aristotle’s ethics with modern accounts. Liske discusses the question of whether the Aristotelian account of virtue entails an ethical-psy- chological determinism. He argues that Aristotle’s understanding of hexis allows for free action and ethical responsibility : By making decisions for good actions we are able to stabilize our character (hexis). Hellenistic and Roman: Annas defends an account of stoic ethics, according to which the three parts of Stoicism—logic, physics, and ethics—are integrated as the parts of an egg, not as the parts of a building. Since by this analogy no one part is a foundation for the rest, pedagogical decisions may govern the choice of numerous, equally valid, presentations of Stoic ethics. Piering interprets the Cynic way of life as a distinctive philosophy. In their ethics, Cynics value neither pleasure nor tradition but personal liberty, which they achieve by self-suffi- ciency and display in speech that is frank to the point of insult. Plotinus and Neoplatonism: Gerson outlines the place of ordinary civic virtue as well as philosophically contemplative excellence in Neoplatonism. In doing so he attempts to show how one and the same good can be both action-guiding in human life and be the absolute simple One that grounds the explanation of everything in the universe. Delcomminette follows Plotinus’s path to the Good as the foundation of free will, first in the freedom of Intellect and then in the “more than freedom” of the One. Plotinus postulates these divinities as not outside but within each self, saving him from the contradiction of an external foundation for a truly free will. General Topics: Halbig discusses the thesis on the unity of virtues. He dis- tinguishes the thesis of the identity of virtues and the thesis of a reciprocity of virtues and argues that the various virtues form a unity (in terms of reciprocity) since virtues cannot bring about any bad action. Detel examines Plato’s and Aristotle’s conceptions of normativity : Plato and Aristotle (i) entertained hybrid theories of normativity by distinguishing functional, semantic and ethical normativity, (ii) located the ultimate source of normativity in standards of a good life, and thus (iii) took semantic normativity to be a derived form of normativity. Detel argues that hybrid theories of normativity are—from a mo- dern point of view—still promising. Ho ̈ffe defends the Ancient conception of an art of living against Modern objections. Whereas many Modern philosophers think that we have to replace Ancient eudaimonism by the idea of moral obligation (Pflicht), Ho ̈ffe argues that Eudaimonism and autonomy-based ethics can be reconciled and integrated into a comprehensive and promising theory of a good life, if we enrich the idea of autonomy by the central elements of Ancient eudaimonism. Some common themes: The topics in Chinese and Hindu ethics are perhaps more familiar to modern western sensibilities than Homeric and even Socratic. Anagnostopoulos, Brickhouse and Smith, Frede, Liske, Rudebusch, and Russell all consider in contrasting ways the role of moral character, apart from intellect, in ethics. Brickhouse / Smith, Hardy, and Rudebusch discuss the Socratic con- ception of moral knowledge. Brickhouse / Smith and Hardy retain the standard view of the so called Socratic Intellectualism. Shields and Gerson both consider the question whether there is a single genus of goodness, or if the term is a homonym. Bussanich, McPherran, Taylor, and Delcomminette all consider the relation between religion and ethics. Pfister, Piering, Delcomminette, and Liske all consider what sort of freedom is appropriate to human well-being. Halbig, Detel, and Ho ̈ffe propose interpretations of main themes of Ancient ethics. (shrink)

Derk Pereboom's Four-Case Argument is among the most famous and resilient manipulation arguments against compatibilism. I contend that its resilience is not a function of the argument's soundness but, rather, the ill-gotten gain from an ambiguity in the description of the causal relations found in the argument's foundational case. I expose this crucial ambiguity and suggest that a dilemma faces anyone hoping to resolve it. After a thorough search for an interpretation which avoids both horns of this dilemma, I conclude (...) that none is available. Rather, every metaphysically coherent interpretation invites either a hard- or soft-line reply to Pereboom's argument. I then consider a recharacterization of the dilemma which seems to clear the way for the defence of a revised Four-Case Argument. I address this rejoinder by identifying a still more fundamental problem shared by all viable interpretations of the manipulation cases, showing that each involves a type of manipulation which undermines the victim's agency. Because this diagnosis supports a soft-line reply to every viable interpretation of the argument and can be endorsed by any compatibilist, I consider it the final piece of the Soft-line Solution to the Four-Case Argument. Finally, I suggest a new taxonomy of manipulation arguments, arguing that none that employs the suppressive variety of manipulation found in Pereboom's argument offers a threat to compatibilism. (shrink)

Das spezifische Ziel von Argumentationen ist nicht einfach, den Adressaten etwas glauben zu machen - dies wäre bloße Rhetorik ﷓, sondern: den Adressaten beim Erkennen der Akzeptabilität (insbesondere der Wahrheit) der These anzuleiten und ihn so zu begründetem Glauben, zu Erkenntnis zu führen. Argumentationen leiten das Erkennen an, indem sie in ihren Argumenten hinreichende Akzeptabilitätsbedingungen der These als erfüllt beurteilen und so den Adressaten implizit auffordern, diese Bedingungen zu überprüfen. Argumentationen sind gültig, wenn sie prinzipiell das Erkennen anleiten können; d. (...) h. wenn die genannten Akzeptabilitätsbedingungen hinreichend sind, wenn sie tatsächlich erfüllt (die Argumente also wahr) sind und wenn es irgendjemanden gibt, der zwar die Akzeptabilität der Argumente, nicht aber die der These erkannt hat. Eine gültige Argumentation ist adäquat, um einen bestimmten Adressaten rational zu überzeugen, wenn dieser u. a. die Akzeptabilität der Argumente, nicht aber die der These erkannt hat. Die in gültigen Argumentationen als erfüllt beurteilten Akzeptabilitätsbedingungen sind Konkretisierungen allgemeiner Erkenntnisprinzipien für die spezifische These, z. B. des deduktiven Erkenntnisprinzips: 'Eine Proposition ist wahr, wenn sie von wahren Propositionen logisch impliziert wird.' oder des erkenntnisgenetischen Erkenntnisprinzips: 'Eine Proposition ist wahr, wenn sie korrekt verifiziert worden ist.' Eine Konkretisierung des deduktiven Prinzips für eine These p wäre z. B.: 'p ist wahr, 1. wenn q und r wahr sind und 2. wenn q und r zusammen p logisch implizieren.' Sind beide Bedingungen erfüllt, so könnte 'q; r; also p.' eine gültige deduktive Argumentation sein. Die verschiedenen Argumentationstypen unterscheiden sich danach, auf welchem Erkenntnisprinzip sie basieren. Das argumentativ angeleitete Erkennen der Akzeptabilität der These funktioniert so: Der Adressat benutzt das von ihm (zumindest implizit) gewußte allgemeine Erkenntnisprinzip als Checkliste, auf der er nach dem Vorbringen der Argumente abhakt, welche Akzeptabilitätsbedingung des Erkenntnisprinzips durch das Zutreffen des Arguments jeweils erfüllt wird. Auf der Basis dieser Funktionsbestimmung werden in der "Praktischen Argumentationstheorie" (erstmalig) präzise Gültigkeitskriterien für Argumentationen allgemein und für mehrere spezielle Argumentationstypen entwickelt, erkenntnistheoretisch begründet und auf komplexe Argumentationsbeispiele aus Philosophie, Wissenschaft, Technik und Kultur angewendet. Die Analyse der erkenntnistheoretischen Grundlagen - der zugrundeliegenden Erkenntnisprinzipien - vor allem der interpretierenden und praktischen Argumentationen ist zudem von erheblicher Bedeutung weit über die Argumentationstheorie hinaus: für die Interpretationstheorie, die Handlungstheorie und die praktische Philosophie. (shrink)

José Ángel Gascón’s essay "Where are dissent and reasons in epistemic justification?" is an exposition of a version of a social functionalist epistemology. I agree with Gascón's emphasis on reasons and on taking into account dissent as important parts of epistemology. But I think that these concerns do not require a social functionalist epistemology, but that, on the contrary, Gascón's social functionalist epistemology throws the baby out with the bathwater. It does so by excluding also a traditional, at its core (...) individualistic epistemology, which defines central concepts like 'justified', 'knowledge' still in individualistic terms as the result of a mental cognizing process but is open to social extensions, e.g. concerning cooperation in the acquisition of knowledge or the transfer of knowledge via argumentation. Such a socially open epistemology with an individualistic core – or "open individualistic epistemology" for short – is also the basis of the epistemological argumentation theory. In the following I want to explain and defend this open individualistic epistemology together with the epistemological argumentation theory (sect. 2) and explain on this basis some problems of Gascón’s theory (sect. 3). (shrink)

Abstract:In this paper, I distinguish four ways in which aspects or features of mental illness may be said to be functional. I contend that discussion of teleological perspectives on mental illness has unfortunately tended to conflate these senses. The latter two senses have played important practical roles both in predicting and explaining patterns of behavior, cognition, and affective response, atnd relatedly, in developing successful interventions. I further argue that functional talk in this context is neither inconsistent with viewing some disorders (...) as dysfunctional in one of several senses, nor inappropriately adaptationist, provided we keep these senses of function distinct, and are precise about which is in play in a given context. (shrink)

I argue for a new reading of Pyrrhonian beliefs inspired by representationalism (the content view) in recent philosophy of mind. I shall argue that there are two senses of acceptance or “acquiescence in something” (eudokein tini pragmati) rather than two senses of belief (doxa). For this reason, we can maintain along with Sextus that the Pyrrhonian skeptic behaves intentionally and can live his life in society adoxastôs without any proper beliefs whatsoever. However, the skeptical sense of acceptance is not the (...) mere avowal of a feeling or a mere report or register of the way things appear to me. I want to suggest the following reading. Acceptance without belief is an anti-predicative passive and involuntary acceptance of content by means of an indicator function (pathos or phainomenon) in virtue of the past regular connection between the representational content and the indicator function. The pathos (as a present state of mind) or the phainomenon “means” (that is, indicates) passively and involuntarily a content in virtue of its regular connection with this content through time. For example, the Pyrrhonian’s acceptance of the content of the sentence “there is fire” is based on the fact that he here and now perceives smoke and that pathos passively and involuntarily means (represents) the content that there is fire. There is no judgment involved at all: even when the skeptic suspends his judgment (epochê) about whether there is fire, his pathos makes him involuntarily accept that there is fire. That is what Sextus, following the Stoic tradition, calls “commemorative signs” (hupomnêstikon) in opposition to the so-called “indicative signs” (endeiktikon), namely the “internal assertion” of the content as a belief (as a propositional attitude). As I do not believe that any reasonable reading of the skeptical acceptance may be defended only by means of philological analysis and by the research of the huge doxography, my arguments deliberately mix historical evidence with reasons of a systematic nature. In this way, the defense of my alternative reading is abductive, namely as the inference to the best explanation. (shrink)

A famous Indian argument for jus ad bellum and jus in bello is presented in literary form in the Mahābhārata: it involves events and dynamics between moral conventionalists (who attempt to abide by ethical theories that give priority to the good) and moral parasites (who attempt to use moral convention as a weapon without any desire to conform to these expectations themselves). In this paper I follow the dialectic of this victimization of the conventionally moral by moral parasites to its (...) philosophical culmination in the fateful battle, which the Bhagavad Gītā precedes. Arjuna’s lament is an internalization of the logic of conventional moral expectations that allowed moral parasitism, and Krishna’s push for a purely procedural approach to moral reasoning (bhakti yoga) does away with the good as a primitive of explanation and provides the moral considerations that allow us to see that the jus ad bellum and jus in bello coincide: the just cause is the approximation to the procedural ideal (the Lord), which is also just conduct. Jeff McMahan is correct in claiming that it is wrong for the unjust to attack the just. But it is also not obviously correct that it is the same set of moral considerations in war and peace that mark out the sides, for peace is largely characterizable by conventional morality, which all are forced to abandon in war. Walzer is correct that there are different sets of standards at play at war and peace, and that getting hands dirty in immorality is a price worth paying in war, but Walzer is thereby incorrect for a subtle reason: conventional standards by way of which jus ad bellum and jus in bello appear corrupt are themselves actually corrupt when the need for a just war arises. It is because moral parasites use conventional morality as a means of hostility and not as a means of fair, inclusive social interaction that conventional morality is corrupted and turned into a tool of the unjust. It is hence unjust to employ these standards to judge those whose cause is just, though such a judgement is conventional. Those who fight for a just cause thereby justly get their hands dirty by departing from conventional moral standards. But this is to the disadvantage of parasites who can only function in a climate where the conventionally good are constrained by conventional morality. Just war so understood deprives parasites their weapon of choice. (shrink)

According to the most popular theories of intentionality, a family of theories we will refer to as “functional intentionality,” a machine can have genuine intentional states so long as it has functionally characterizable mental states that are causally hooked up to the world in the right way. This paper considers a detailed description of a robot that seems to meet the conditions of functional intentionality, but which falls victim to what I call “the composition problem.” One obvious way to escape (...) the problem (arguably, the only way) is if the robot can be shown to be a moral patient – to deserve a particular moral status. If so, it isn’t clear how functional intentionality could remain plausible (something like “phenomenal intentionality” would be required). Finally, while it would have seemed that a reasonable strategy for establishing the moral status of intelligent machines would be to demonstrate that the machine possessed genuine intentionality, the composition argument suggests that the order of precedence is reversed: The machine must first be shown to possess a particular moral status before it is a candidate for having genuine intentionality. (shrink)

This paper defends an interpretation of Gottlob Frege’s views on the structure of thought. I argue that Frege did not think that a thought has a unique decomposition into its component senses, but rather the same thought can be decomposed into senses in multiple, distinct ways. These multiple decompositions will often have distinct logical forms. I also argue against Michael Dummett and others that Frege was committed to the sense of a predicate being a function from the sense of a (...) name (or names) to a complete thought. I defend my Frege interpretation against a puzzle often discussed in the Frege literature; namely, that the Multiple Decompositions Thesis is incompatible with Frege’s stated view that a thought is built up out of its component senses as parts. I provide textual evidence and argument that Frege thought of the part/whole relation in such a way that a whole can be analyzed into (or built up out of) parts in multiple, distinct ways, thus dissolving the puzzle. I conclude with discussion of every sort of example of multiple decompositions that can be found in Frege's work. (shrink)

Must privacy and freedom of expression conflict? To witness recent debates in Britain, you might think so. Anything other than self-regulation by the press is met by howls of anguish from journalists across the political spectrum, to the effect that efforts to protect people’s privacy will threaten press freedom, promote self-censorship and prevent the press from fulfilling its vital function of informing the public and keeping a watchful eye on the activities and antics of the powerful.[Brown, 2009, 13 January]1 Effective (...) protections for privacy, from such a perspective, inevitably pose a threat to democratic government via the constraints that they place on the press. Such concerns with privacy must be taken seriously by anyone who cares about democratic government, and the freedom, equality and wellbeing of individuals. But if it is one thing to say that privacy and freedom of expression cannot always be fully protected, it is another to suppose that protections for the one must always come at the expense of the other. After all, the economics of contemporary politics and journalism would seem to be partly responsible for our difficulties in protecting personal privacy while sustaining robust and informative forms of public discourse. [Moore, 2010, 10 -141]2 Most newspapers are loss-making businesses and the need to reduce those losses and, if possible, to turn a profit, make investigative journalism an increasingly expensive proposition as compared to both “comment” and more or less elevated forms of gossip. At the same time, politics has increasingly become the prerogative of a narrow group of people with access to the large sums of money necessary successfully to compete for high office. In those circumstances, the need for critical scrutiny is as important as it is difficult. Revising our ideas about privacy and its protection cannot alone reduce the tensions between freedom of expression and personal privacy typical of our societies, necessary though such revision may be. Moreover, this paper can only touch on some aspects of the ways in which we need to rethink our interests in privacy, in order adequately to reflect people’s diverse interests in freedom of expression, and the important role of a free press to democratic government. Nonetheless, I hope to suggest ways of thinking about people’s claims to privacy which can be generalised fairly readily, and can help us to think constructively about the nature, causes and solutions to some important social and political problems, even if, in its nature, philosophical analysis rarely tells us what to do. More specifically, this paper argues that people are entitled to keep some true facts about themselves to themselves, should they so wish, as a sign of respect for their moral and political status, and in order to protect themselves from being used as a public example in order to educate or to entertain other people. The “outing” - or non-consensual public disclosure - of people’s health records or status, or their sexual behaviour or orientation is usually unjustified, even when its consequences seem to be beneficial. Indeed, the paper claims, the reasons to reject outing, as inconsistent with democratic commitments to freedom and equality, are reasons to insist on the importance of privacy to freedom of expression. While a free press is of the utmost importance to democratic government, it is not identical with the free expression of individuals and, on occasion, the former may have to be constrained in order to protect the latter. [Barendt, 2007, 231]. Hence, the paper concludes, we should distinguish the claims of individuals to publish reports about their lives – even if this necessarily involves revealing the private lives of others – from journalistic claims to publish information about the sex lives of consenting adults. I will start by briefly situating my argument within a democratic approach to privacy, before using the “outing” of Oliver Sipple to examine people’s claims to privacy and their implications for freedom of expression and of the press. I will be assuming that some forms of privacy are legitimate, in order to focus more closely on the question of what information, if any, people may keep to themselves. (shrink)

How can an event be extraordinary? What is the metaphysical background necessary to believe that extraordinary events are possible? The possibility of extraordinary events can be approached from metaphysical, epistemic, and scientific perspectives. Metaphysical explanations are extraordinary events that transcend nature or violate the regular structure in nature. Epistemological explanations, on the other hand, are explanations of extraordinary events by referring either to our lack of knowledge about nature or to our inadequacy of knowledge about events. Scientific explanations recognize phenomena (...) that have been observed or experimented on but have not yet been explained by any theory. In this article, I focus on metaphysical and epistemological explanations. We see that three basic assumptions are used for a metaphysical explanation: 1) There must be an orderly operation called Nature. 2) The process in nature can be violated. 3) There is a compatibility between the mind and the world. With the adoption of these three assumptions by different philosophers in various combinations, two kinds of metaphysical explanations arise: extraordinary as supernatural and extraordinary by appealing to the principle of sufficient reason. According to the first type of explanation, extraordinary events are events caused by what is beyond nature, exceeding nature, or violating the workings of nature. In order to explain extraordinary events with the supernatural, there is a need to violate the metaphysical necessities on which nature is based, such as the principle of causality. An approach represented by philosophers such as St. Augustine, al-Ghazālī, Richard Swinburne, and Nazif Muhtaroğlu claims that it is possible for a supernatural event to occur, claiming that the functioning of nature is not necessary. But if there is no metaphysical necessity in nature such as the principle of causality, how can an extraordinary event violate anything? Both Swinburne and St. Augustine answer this question with the argument that the principle of causality is effective in nature and that principle can be violated by God, a supernatural power. Al-Ghazālī and Muhtaroğlu, on the other hand, prefer not to accept the effectiveness of causality in the functioning of nature. Thus, all activity in nature will be attributed to God, and extraordinary events will gain the same status as ordinary events. The point that unites these views is the belief that the operation in nature is not necessary, with or without causality. Philosophers with this belief could not successfully explain extraordinary events because they could not ground their understanding of nature and the supernatural. Moreover, when we analyze their approach to the problem, we see that ordinary and extraordinary events cannot be separated from each other, since no other principle is put forward to replace the principle of causality. The second type of explanation is the explanation of extraordinary events by applying the principle of sufficient reason. The philosophers represented by Ibn Sînâ and Leibniz consider it necessary both metaphysically and epistemologically that everything in nature needs sufficient reason to come to be. According to them, no event can take place without sufficient cause. In this respect, there must be sufficient reason for extraordinary events to occur as well as ordinary ones. Both philosophers argue that extraordinary events are metaphysically possible events in nature, but their occurance does not violate principles such as causality. According to this type of explanation, extraordinary events are not supernatural. Ibn Sînâ, using the concept of nature in its metaphysical sense, argued that forces beyond matter are also effective in nature. Meanwhile, he maintained the necessity of the causality principle. In this way, it is possible to have previously unknown results from known causes. For example, the human soul can affect different bodies through celestial realms, just as it affects its own body. However, this interaction does not violate the necessity of the causality principle, on the contrary, it means the discovery of the necessary structure of nature. In short, the epistemological approaches of Leibniz and Ibn Sînâ, which they developed while preserving the metaphysical necessity of causation, do not require denying extraordinary events without examining them, but also offer a stronger basis for the possibility of extraordinary events, as they expand the limits of our knowledge of nature. (shrink)

In 1959 two French neurologists, Pierre Mollaret and Maurice Goullon, coined the term coma dépassé to designate a state beyond coma. In this state, patients are not only permanently unconscious; they lack the endogenous drive to breathe, as well as brainstem reflexes, indicating that most of their brain has ceased to function. Although legally recognized in many countries as a criterion for death, brain death has not been universally accepted by bioethicists, by the medical community, or by the public. I (...) this paper, I defend brain death as a biological concept. I challenge two assumptions in the brain death literature that have shaped the debate and have stood in the way of an argument for brain death as biological. First, I challenge the dualism established in the debate between the body and the brain. Second, I contest the emphasis on consciousness, which prevents the inclusion of psychological phenomena into a biological criterion of death. I propose that the term organism should apply both to the functioning of the body and the brain. I argue that the cessation of the organism as a whole should take into account three elements of integrated function. Those three elements are: 1) the loss of integrated bodily function; 2) the loss of psychophysical integration required for processing of external stimuli and those required for behavior; and, 3) the loss of integrated psychological function, such as memory, learning, attention, and so forth. The loss of those three elements of integrated function is death. (shrink)

Since the ENCODE project published its final results in a series of articles in 2012, there is no consensus on what its implications are. ENCODE’s central and most controversial claim was that there is essentially no junk DNA: most sections of the human genome believed to be «junk» are functional. This claim was met with many reservations. If researchers disagree about whether there is junk DNA, they have first to agree on a concept of function and how function, given a (...) particular definition, can be discovered. The ENCODE debate centered on a notion of function that assumes a strong dichotomy between evolutionary and non-evolutionary function and causes, prevalent in the Modern Evolutionary Synthesis. In contrast to how the debate is typically portrayed, both sides share a commitment to this distinction. This distinction is, however, much debated in alternative approaches to evolutionary theory, such as the EES. We show that because the ENCODE debate is grounded in a particular notion of function, it is unclear how it connects to broader debates about what is the correct evolutionary frame- work. Furthermore, we show how arguments brought forward in the controversy, particularly arguments from mathematical population genetics, are deeply embedded in their particular disciplinary contexts, and reflect substantive assumptions about the evolution of genomes. With this article, we aim to provide an anatomy of the ENCODE debate that offers a new perspective on the notions of function both sides employed, as well as to situate the ENCODE debate within wider debates regarding the forces operating in evolution. (shrink)

In this paper I consider two paradoxes that arise in connection with the concept of demonstrability, or absolute provability. I assume—for the sake of the argument—that there is an intuitive notion of demonstrability, which should not be conflated with the concept of formal deducibility in a (formal) system or the relativized concept of provability from certain axioms. Demonstrability is an epistemic concept: the rough idea is that a sentence is demonstrable if it is provable from knowable basic (“self-evident”) premises by (...) means of simple logical steps. A statement that is demonstrable is also knowable and a statement that is actually demonstrated is known to be true. By casting doubt upon apparently central principles governing the concept of demonstrability, the paradoxes of demonstrability presented here tend to undermine the concept itself—or at least our understanding of it. As long as we cannot find a diagnosis and a cure for the paradoxes, it seems that the coherence of the concepts of demonstrability and demonstrable knowledge are put in question. There are of course ways of putting the paradoxes in quarantine, for example by imposing a hierarchy of languages a` la Tarski, or a ramified hierarchy of propositions and propositional functions a` la Russell. These measures, however, helpful as they may be in avoiding contradictions, do not seem to solve the underlying conceptual problems. Although structurally similar to the semantic paradoxes, the paradoxes discussed in this paper involve epistemic notions: “demonstrability”, “knowability”, “knowledge”... These notions are “factive” (e.g., if A is demonstrable, then A is true), but similar paradoxes arise in connection with “nonfactive” notions like “believes”, “says”, “asserts”.3 There is no consensus in the literature concerning the analysis of the notions involved—often referred to as “propositional attitudes”—or concerning the treatment of the paradoxes they give rise to. (shrink)

It is widely held that truth and reference play an indispensable explanatory role in theories of meaning. By contrast, so-called deflationists argue that the functions of these concepts are merely expressive and never explanatory. Robert Brandom has proposed both a variety of deflationism — the anaphoric theory —, and a theory of meaning — inferentialism — which doesn’t rely on truth or reference. He argues that the anaphoric theory counts against his (chiefly referentialist) rivals in the debate on meaning and (...) thereby paves the way for inferentialism. In this paper, I give a friendly reconstruction of anaphoric deflationism (section II) and point to a distinguishing feature of the theory with respect to other deflationist proposals. While Brandom simply assumes, but doesn’t earn this feature, I propose a natural argument to justify it (section III). Then, however, I point out a subtle but clear sense in which truth and reference can play a role in explaining meaning, even if the anaphoric theory holds. Thus, anaphoric deflationism will turn out to be neutral in the debate on meaning (section IV). (shrink)

This paper aims to accessibly present, and then critique, Hugo Mercier and Dan Sperber's recent proposals for the evolutionary function of human reasoning. I take a critical look at the main source of experimental evidence that they claim as support for their view, namely the confirmation or “myside” bias in reasoning. I object that Mercier and Sperber did not adequately argue for a claim that their case rests on, namely that it is evolutionarily advantageous for you to get other people (...) to believe whatever you antecedently believe. And I give my own argument that this claim is false. I also critically look at their suggestion that reasoning has a justificatory function, functioning as a kind of reputation management tool. I argue this suggestion does not amount to a plausible evolutionary function. (shrink)

I offer the first sustained defence of the claim that ugliness is constituted by the disposition to disgust. I advance three main lines of argument in support of this thesis. First, ugliness and disgustingness tend to lie in the same kinds of things and properties (the argument from ostensions). Second, the thesis is better placed than all existing accounts to accommodate the following facts: ugliness is narrowly and systematically distributed in a heterogenous set of things, ugliness is sometimes enjoyed, and (...) ugliness sits opposed to beauty across a neutral midpoint (the argument from proposed intensions). And third, ugliness and disgustingness function in the same way in both giving rise to representations of contamination (the argument from the law of contagion). In making these arguments, I show why prominent objections to the thesis do not succeed, cast light on some of the artistic functions of ugliness, and, in addition, demonstrate why a dispositional account of disgustingness is correct, and present a novel problem for warrant-based accounts of disgustingness (the ‘too many reasons’ problem). (shrink)

Architecture and Deconstruction Case of Peter Eisenman and Bernard Tschumi -/- Introduction Towards deconstruction in architecture Intensive relations between philosophical deconstruction and architecture, which were present in the late 1980s and early 1990s, belong to the past and therefore may be described from a greater than before distance. Within these relations three basic variations can be distinguished: the first one, in which philosophy of deconstruction deals with architectural terms but does not interfere with real architecture, the second one, in which (...) a collaboration between Jacques Derrida and a group of architects interested in his concepts is commenced, and the third one, in which completed or only designed objects or new concepts of deconstruction created by architects gain their supremacy over philosophy. The following book analyses these three possible ways, first of all with the reference to Peter Eisenman and Bernard Tschumi. -/- Peter Eisenman -/- Misreading… and Other Errors -/- The issue of relations between Peter Eisenman’s work and philosophy of deconstruction may be referred to his activity more than ten years preceding his direct collaboration with Jacques Derrida (in 1985) and organisation of the exhibition Deconstructivist Architecture at Museum of Modern Art in New York (in 1988). As soon as at the stage of designing the first houses (House I-III, 1967-1970), which almost entirely inscribed in formalistic aesthetics of Modernism, the architect analysed the problem of architecture dependence on its assumptions. All his later designs may be treated as consequence of this initial interest in relations between practice and theory, and at the same time as an introduction to manipulations later on led at the level of metaphysics of architecture. Beginning with the issue of presence, considered in comments to House VI (1972), the number of ideas having their analogies in philosophy of deconstruction increased. The text entitled The End of the Classical: The End of the Beginning, The End of the End (1984), in which Eisenman criticised questions of representation in architecture, its delusive strive for truth and comparably unattainable attempts at ultimate definition of elementary rules, should be acclaimed the breaking point. This attitude was extended by numerous strategies disturbing architecture rules defined at metaphysical level in an essay Moving Arrows, Eros, and Other Errors: an Architecture of Absence (1986). The issue of Eisenman’s passage from formalism to deconstruction has already been much discussed in the literature (Rosalind Krauss, Thomas Patin among others), still it should be mentioned that the threads similar to Derrida’s concept included in Eisenman’s writing reveal untranslatability of architecture and philosophy. -/- Choral Works or Separate tricks -/- In 1985-1986 a series of seven disputes between Jacques Derrida and Peter Eisenman took place. The pretext for them were designs concerning Parc de la Villette in Paris. The situation of many months of collaboration between a notable philosopher of the second half of the 20th c. and an architect that already had a huge theoretical oeuvre, ended up with a publication of a large volume entitled Chora L Works and it became at the same time a vast study area for historians of contemporary architecture and philosophers. Derrida’s contribution to concept works were his considerations over the idea of chôra, the properties related to this concept were about to be reflected in shapes of the park. Therefore, Chora L Works became an example of the abilities of contemporary art, both in its capability of translation from philosophical ideas to artistic forms and its resistance to tradition of representing in architecture some phenomena and values originating outside this discipline. In the final period of their collaboration both interlocutors started to polemicise with each other more decidedly, what became a separate part of their thought exchange. The exchange of letters between Derrida and Eisenman at the turn of 1989 ended up the period of their direct contacts, nevertheless, at this time precisely a large group of experts in issues of deconstruction joined the discussion and extended the revealed in the former dispute problems into more than ten years of further considerations and publications. Except for a long text by Jeffrey Kipnis, who had participated in the meetings of the philosopher and the architect, there appeared also comments of researchers of artistic theories (K. Michael Hays, Thomas Patin), philosophers (Andrew Benjamin), and even experts in Greek literature (Maria Theodorou or Ann Bergren). Following these debates a contemporary reflection on architecture has saturated with indeed numerous concepts originating in philosophy of deconstruction. -/- Architecture which imitates mute philosophy -/- The series of Jacques Derrida and Peter Eisenman meetings, which took place in the period of 1985-1987, induced many authors to make comments. Some of them (Jeffrey Kipnis, Ann Bergren, Maria Theodorou) developed the subject of chôra which was introduced to the discussion by Derrida. The problem that was about to be solved was the question of tying up the concept of chôra with architecture, including Eisenman’s architecture and the series of meetings within frames of Chora L Works project. Kipnis on this occasion paid attention to chôra and its character of anachronia which infects any being created within chôra. In other words any event has its counterpart (analogon) in another, earlier event. He demonstrated the similarity of structure of many events and statements from the times of Derrida and Eisenman’s meetings to the almost identical behaviour of figures in Plato’s dialogue Timaeus. The loss of beginning present in this phenomenon was appropriate to both features of chôra and the effects of typical analyses of philosophy of deconstruction. Bergren’s analyses focused on accentuating gender of chôra, which, according to this author, had been neglected hitherto in discussions. She collated chôra descriptions with characteristics of women in myths, early Greek epic and philosophy and she arrived at a conclusion that chôra has features of a single woman and a married one at the same time. And yet Theodorou’s studies showed that in the Homeric epics chôra is not treated as an idea but is related with single things and events. The other part of the comments (represented by Andrew Benjamin and K. Michael Hays’ utterances) concerns Eisenman’s attitude to tradition which was treated as a variety of iteration understood philosophically. Benjamin commenced his considerations at the point of closeness between a definition of tradition and a concept of chôra understood as perpetuation (placement). A problematic issue was for him Eisenman’s complex relation to tradition based on its contest and affirmation at the same time. Overcoming the simple subordination to tradition – according to Benjamin – was based on awareness of the role of repetition in culture not known before. Hays made an attempt to explain the pleasure and torment of repetition with the support of Sigmund Freud and Roland Barthes’ concepts. According to Hays repetitions are attempts of a single being to a certain primal state perceived as free of any tension. In a similar way Rosalind Krauss explained a motif of a grate present in Modernistic art and also exceptionally frequent in Eisenman’s work. -/- Annex Architecture is still writing Balzac novels. Peter Eisenman and literature -/- Architecture’s approach to writing, script or literature, present within Peter Eisenman’s work, is an exceptional phenomenon, furthermore a complex one. The article considers four possible relations. The first one relates to Eisenman’s characteristics as a person extremely gifted with the ability to wordplay, which very ‘play’ reveals skills to create architectural images. In the second approach the attention has been paid to Eisenman’s interests – in the first period of his oeuvre – in linguistic works by Noam Chomsky and his transformational-generative grammar. The third kind of relations applied to overcoming the need for autonomy of architecture (and of modernist aesthetics at the same time) and renew interests in questions of meaning in architecture. The fourth sort of relations occurred when Eisenman started to create reflections of historic or literary narrations in architecture – ‘stone stories’ and architectural fictions of their kind. -/- Bernard Tschumi -/- From perversion to deconstruction In Bernard Tschumi’s writings from the 1970s and 1980s we can find a transposition of important threads of post-structuralist ideas deriving from Georges Bataille, Roland Barthes and Jacques Derrida’s works. The analysis of the architect’s writings also shows roots in Phillippe Sollers, Michel Foucault and Denis Hollier’s works. The analysis of borrowed elements from the beginnings of Tschumi’s theoretical activity may be helpful in explaining the contents of his later writings motre inspired by philosophy of deconstruction. The set of his earliest views was inspired by Marxism, Neo Marxism and French Structuralism, mainly by the writings of Henri Levebre and Guy Debord. From the thought of Levebre Tschumi took interest for city as not only a question of urbanistics but also a political issue. From Debord’s concepts he borrowed a conviction about the role of situational violation for changes in the society structure. Some of these beliefs were preserved in his own concepts of architecture as an event. From this period derived also his will to change conservative elements of social structure not by means of political revolution but of theoretical and creative activity. Tschumi acknowledged that the effective way of the proceedings towards achieving his aims would be accepting the role of both a critical intellectualist and architecture expert who would not hide away his left-wing orientation. The speculations defined by the architect as ‘revolting analyses’ were about to characterise contradictions which tear the society apart, penetrate architecture and constitute the basis of culture. Spreading away of the conscience of false assumptions hidden away in various disciplines could have weakened cohesion of a conservative society and influence the will to change among the elites. This way the beginnings of political revolution were rooted in philosophy of architecture. In 1977 Tschumi published his text entitled The Pleasure of Architecture inspired by Roland Barthes’s The Pleasure of the Text, it also included some concepts derived from Georges Bataille and Jacques Derrida. First of all the author used Barthes’s concept which made an assumption that literary activity is pervaded by the spirit of resistance towards social rules, and Tschudi transferred this remark onto architecture. From the ideas of Bataille, acquainted via Holier’s work, he derived his belief that two concepts of space, a conceptual one (defined as Pyramid) and a sensual one (defined as Labirynth), not losing their distinct features, they join in the concept of experienced space which exceeds contradictions. The exceeding itself was defined as the basic rule of architecture and it was referred to situations in which architecture not only negates social needs, but also disavows its own tradition. Crossing the borders applies not only to political issues or permanent rules of the very discipline but also interfering with other fields (especially literature and film). The fact that architecture is associated with organising events turned Tschumi’s attention to questions of violence that result from upsetting architectural order of a given building by its users and the one hand, and on the other from forcing the users to specific acts imposed by this very order. The analysis of the concepts used by Tschumi in his early writings indicates that they are close to definitions that would occur in his reflection in the following years influenced by philosophy of deconstruction. -/- Approaching deconstruction Tschumi in his theories developed in the 1980s presumed that the current social world had undergone a deep process of decay, and the reaction against which ought to be based on ordering-up actions, and also preserving the main outline of disintegration of the whole and its elements in the state of conflict. The statements concerning the nature of the contemporary to Tschumi social relations were applied by him to the world of architecture, this led him to coming up with designing strategies that took into consideration the destabilised character of conditions in which works of architecture were created. New ways of conduct invented by Tschumi drew their inspiration from literature and research on literature, psychoanalysis, structural linguistics, structuralism and post structuralism, and eventually also deconstruction philosophy. The proposed methods were opposed by their author both to functionalism continuity trends and postmodern architecture. Tschumi’s proposals contradicted any forms of conservatism or traditionalism in political sphere as well as in reference to tendencies in architecture. They were not simple contradictions of social or architectural rules, they intrude them from the inside, weaken or escalate the already existing incongruities, they move the boundaries between the areas. Revolutionary illusions about the possibility of radical changes were replaced with strategies which completed, tainted or test former rules in the series of formal games of permutation and combination. Quite different from avant-garde formalism Tschumi’s games were not about maintaining the autonomy of a given area, but on the contrary – polluting it with other areas’ influences. Tschumi enjoyed demonstrating illusions of architecture concerning simple relations between form and function, or between form and meaning. Making use of Freud, Lacan and Foucault’s research he introduced a category of “madness” into architecture allowing an observation that the recognised norms are nothing but merely ones of many possible principles of behaviour, and their recognised status resulted from unjustified hindering innovativeness which is crucial for architecture. To reborn architecture’s capability of changing Tschumi also made use of Barthes’s discoveries concerning rules of narration and works by writers who applied in their writing knowledge on linguistics. Making a work’s author unclear by various mechanical transformations of its elements was however apparent only, and formal rigours imposed on the process of designing liberated possibilities difficult to obtain in more traditional creative action. Another mode of acting introduced by Tschumi was combining his work of elements deriving from outside architecture; joining space records with notation of motion and events accompanying architectural objects among others. These architectural and extra-architectural elements were not unified, on the contrary their heterogenous and conflictual character was stressed. This is how shock, anxiety and instability, typical for live in great metropolises, infiltrated architecture. Taking some ideas of deconstruction philosophy as a pattern Tschumi also took into critical consideration in his essays traditional in architecture oppositions between form and figuration, or theory and practice. By combining various inspirations he eventually worked out an idea of architectural event, which he understood as a series of actions contesting its own field, redefining its sources, principles and elements. An event, understood in this way, was not so much producing works as rather creating conditions of their production and at the same time designing the society different from a hierarchic one. -/- Park of deconstruction Among numerous philosophical strategies of deconstruction most frequently used was questioning the practice of strong opposition of two reasons. In many cases Bernard Tschumi’s writings just consider functioning of the conflict juxtaposition of the ideas of structure and ornament or theory and practice in history of architecture. Violation of traditional relations between terms of this kind, both old and modern, raised Jacques Derrida’s objections, when he was induced for the first time to co-operate with architects’ milieu. During this long lasting thought exchange the philosopher eventually acknowledged Bernard Tschumi’s arguments for reasoning the encroachment of architecture’s fundamental rules. Deconstruction applied in architecture was not a simple transposition or analogy of practices that had been applied by philosophy of deconstruction. We may even say that considering architectural terms became an important formula of deconstruction. Architecture understood in philosophical way became something beyond the practice and theory of its own discipline, a sort of metaphysics of both philosophy and architecture. The deliberate encroachment of simplicity of dividing architecture into theory and practice, for the first time became a clear aim for Tschumi in his drawings and texts entitled The Manhattan Transcripts. The contents of this series of works was a record of characteristic features of this New York district in such a way that not only objects were the subject of the record but also relations between objects, people and events. The record was about to take into consideration a conflict character of elements of this representation and at the same time to avoid applying to them the rule of mimetism. The record became a form of reflection over the very record by an increased control over the ways of representation. Architecture which was considered in the The Manhattan Transcripts was not directed to fulfill the needs of inhabitation or production, it was rather related with hitherto usually marginalised liminal situations: building ostentatiously big monuments, religious cult, war etc. Architecture operating in these relations focused also the attention on the included in it continuous tendency to overpass its own restrictions, the role of violence as its not recognised factor, or the meaning of excess and shock in its operation. Architecture moving from reason towards madness became even more visible in the design of Parisian Parc de la Villette, whose pavilions were defined as folies (in French it means both small park buildings and follies). The park was supposed to be on the one hand a reflection of traditional society disintegration while on the other it questioned basic rules of producing a work of architecture. The traditional rules of designing, based on ordering up, were replaced with the strategies of dysfunction and dissociation. In Tschumi’s opinion methods of this kind may be equivalent of what Derrida named différance. Instead of aiming at mergence, any diversity, plays or variations were strengthen. Tschumi’s texts, in which he explained his attitude, were completed by Derrida’s extent statement entitled Point de folie – Maintenant l’architecture. Derrida’s article is the most significant of all his statements on architecture as a form of thinking and activity. According to the philosopher, architecture should divide space (in French defined as espacement), what enables both thinking and action – it arranges the space of an event. Tschumi’s buildings, defined as folies, in an essential way destabilise any created order, and at the same time they refresh it. Derrida’s statement suggests that architecture may become both metaphor of an order merging a language or a society but also of inner forces which deconstruct and reconstruct it. Therefore architecture is at the same time a construction, a deconstruction and a reconstruction. Parc de la Villette stands out in this system with its attempt to step beyond the scheme of an easy repetition and its heading for chances of achieving more radical otherness. -/- Conclusion Destruction as construction. Paradoxes of deconstruction in architecture -/- Scepticism about persistence and common importance of fundamental values of human culture evinced in philosophers and writers’ works as early as in Greek antiquity, nevertheless it was not expressed so strongly as in the second half of the 20th century. Especially in Heidegger’s work Being and Time (although originated in 1927, still influential in all later philosophy) the following states were characterised: the state of losing the ground (Abgrund), of being out of sight (Unheimlichkeit) and of being out of dwelling (Un-zuhause-sein) – as the basis of self-confidence of conscious being there (Dasein). The entire criticism of philosophy of home and dwelling draws the inspiration from this early writing of the German philosopher, it combines crisis of basic terms of metaphysics with social conditions which are dictated by living in large metropolis. The crisis of both metaphysical foundation and home appears to be similar to the situation of weakening the relations between a man and his dwelling in extensively expanding cities. Whereas philosophy, as well as many disciplines of social sciences, have diagnosed for a long time the destabilisation of fundamental ideas of Western culture and crucial changes in the ways of dwelling, architecture itself occurred to be “the last fortress of metaphysics” (J. Derrida). Among contemporary architects, Peter Eisenman and Bernard Tschumi were the ones who engaged most decidedly in the issues of critical analysis of architecture foundation and its social role. Both the architects noticed new formulas of contemporary social and individual existence, tremendously different from the entire history, and at the same time they affirmed lack of adequacy of architecture concepts to new situations. Both Eisenman and Tschumi used to describe the existing architecture as a tool for consolidation of highly integrated and hierarchised societies, and also as a discipline extremely uncoincidental with the current character of social life based on ideas of freedom and diversity. The means to transform architecture and make a factor of further social changes out of it, was a concept that accentuated revealing the inner contradictions of this discipline, and considering them in designing strategies. Eisenman’s activity, in regard of what has just been noticed, was focused on questioning the basic rules of traditionally comprehended architecture, especially the rule of purpose. The American architect noticed that the concept of architecture as fulfilment the need of location, hides away the fact that the location has to be constantly reconsidered, and hence it is overtaken by change (dislocation). Therefore new concept of architecture propounded architectural activity to translocate the concept of location – more than before – but also to change its status perpetually. Such comprehended architecture should claim, as its main purpose, the constant revision of this purpose and create itself anew permanently. Even Eisenman’s earliest designs of houses nos. I-IV broke with such values as the sense of safety, closeness and familiarity, and just on the contrary they accentuated senses of strangeness, homelessness and loss of confidence. The contradictions within architecture noticed by Tschumi referred to combination of intellectual and sensual values in architecture, when their non-appropriation was defeated by an additional condition, namely the way of experience based on pleasure of excess, marked by insanity. The features of folly were especially visible in his designs of gardens, where the order of planning was mixed with sensual experience introduced by particular elements (both the ones created by nature, and the buildings defined as folies). Parc de la Villette designed by the French architect in Paris put in question not only the common understanding of purpose in architecture but also the ideas of order and integrity, as its plan was based on the combination of independent layers with records of grids of points, various lines and planes. The architecture that collides inadequate elements with each other was supposed to be a kind of an event with no beginning and no end. The architecture treated as an event became a form of a space weakened articulation that maintains its diversity and lack of accordance of the elements building it up. The analyses of Eisenman and Tschumi’s theoretical writings indicate how much the aims of architecture have actually changed; instead of supporting social persistence, the architecture is rather intensifying contradictions, and instead of providing people with the sense of safety, it sublimes danger. From simple acts of defamiliarisation, increasing the distance to itself and enhancing the role of theory, through discomfort, anxiety, not feeling someone at home, weirdness, excess, shock and violence, architecture reached the edge of stability and uncertainty, only to make an attempt at penetrating what is impossible and unutterable, and recording what cannot become the subject of any records. -/- . (shrink)

Noncognitivism about normative judgment is the view that normative judgment is a distinctive kind of mental state, identical neither to belief or desire, but desire-like in its functional role and direction of fit. Noncognitivism about intention (also called the “distinctive practical attitude” theory) is the view that intention is a distinctive kind of mental state, identical neither to belief or desire, but desire-like in its functional role and direction of fit. While these theories are alike in several ways, they have (...) rarely been discussed in concert. This paper studies the relation between these two theories, focusing on the question of whether noncognitivism about intention faces an analogue of the well-known Frege-Geach problem for noncognitivism about normative judgment. I argue that whether it faces the Frege-Geach problem depends on how it treats the distinction between what Anscombe called expressions of intention and personal predictions. I show that there is substantial pressure to treat that distinction as semantic, and that a variant of the Frege-Geach problem arises for versions of noncognitivism about intention that go this route. Yet some philosophers of action may be willing to resist this pressure, and I develop a pragmatic account of the distinction that would allow such philosophers to avoid the Frege-Geach problem altogether. I argue that this pragmatic account has significant independent appeal. Notably, it provides a way for noncognitivists about intention to undercut the force of a recent argument for cognitivism due to Berislav Marušić and John Schwenkler. (shrink)

Many philosophers think the distinctive function of deontic evaluation is to guide action. This idea is used in arguments for a range of substantive claims. In this paper, we entirely do one completely destructive thing and partly do one not entirely constructive thing. The first thing: we argue that there is an unrecognized gap between the claim that the function of deontic evaluation is to guide action and attempts to put that claim to use. We consider and reject four arguments (...) intended to bridge this gap. The interim conclusion is thus that arguments starting with the claim that the function of deontic evaluation is to guide action have a lacuna. The second thing: we consider a different tack for making arguments of this sort work. We sketch a methodology one could accept that would do the trick. Unfortunately, as we’ll explain, although this methodology would bridge the gap in arguments that put claims about the function of deontic evaluation to work, it would do so in a way that vitiates any interest we might have in such arguments. As an aside, we’ll also point out how epistemologists, who have recently become interested in the function of epistemic evaluation, appear to already recognize this fact. The conclusion is hence a dilemma: either arguments from deontic function to substance have a lacuna or such arguments lack teeth. (shrink)

Can genealogical explanations affect the space of reasons? Those who think so commonly face two objections. The first objection maintains that attempts to derive reasons from claims about the genesis of something commit the genetic fallacy—they conflate genesis and justification. One way for genealogies to side-step this objection is to focus on the functional origins of practices—to show that, given certain facts about us and our environment, certain conceptual practices are rational because apt responses. But this invites a second objection, (...) which maintains that attempts to derive current from original function suffer from continuity failure—the conditions in response to which something originated no longer obtain. This paper shows how normatively ambitious genealogies can steer clear of both problems. It first maps out various ways in which genealogies can involve non-fallacious genetic arguments before arguing that some genealogies do not invite the charge of the genetic fallacy if they are interpreted as revealing the original functions of conceptual practices. However, they then incur the burden of showing that the conditions relative to which practices function continuously obtain. Taking its cue from the genealogies of E. J. Craig, Bernard Williams, and Miranda Fricker, the paper shows how model-based genealogies can avoid continuity failures by identifying bases of continuity in the demands we face. (shrink)

More philosophical effort is spent articulating evolutionary rationales for the development of belief-like capacities than for precursors of desires or preferences. Nobody, though, seriously expects naturally evolved minds to be disinterested epistemologists. We agree that world-representing states won’t pay their way without supporting capacities that prioritise from an organism’s available repertoire of activities in light of stored (and occurrent) information. Some concede that desire-like states would be one way of solving this problem. Taking preferences as my starting point instead of (...) belief-like states, I defend two conclusions. First, psychologically real preference states, which approximately token expected utilities, have a quite general evolutionary rationale. They are a solution to the problem of efficiently allocating capacities with incompatible uses. This argument is a version of the Environmental Complexity Thesis. Second, preferences can plausibly function and naturally evolve without belief-like states, even though the converse claim is incredible. Preferences, that is, can mediate between discriminations of occurrent states (‘internal’ or ‘external’) and the processes selecting activity without mediation by stored indicative representations. By tokening expected utilities of actions conditional on discriminated state, they can increase the rate at which the ‘right thing’ is done at appropriate times, and they can do this without the support of belief-like, world-representing states. Preferences, even incomplete and noisy sets of them, are a fuel for success that will tend to be favoured when environments are complex in ways that matter to an organism, and when the organisms have complex behavioural repertoires with heterogenous returns and costs. (shrink)

In this paper, I will draw on the capabilities approach to social justice and human development as advanced, among others, by Martha Nussbaum, and seek to provide some theoretical resources for better understanding our obligations to future persons. My argumentative strategy is as follows: First, I’ll briefly reconstruct a capabilities approach to justice, examining this sort of view’s normative foundations and methodology. Using Nussbaum’s capabilities list as a basis, I will argue that various social and environmental functions which are threatened (...) by climate change are crucial with respect to enabling morally and politically central capabilities for both current and future people. Here, I will draw on recent work by Breena Holland to establish the notion of a sustainable climate system as a necessary precondition for the enablement and protection of these entitlements. Then, I’ll extend this strategy to argue that the capabilities approach provides a uniquely useful threshold conception of harm to inform our thinking about our relationship to our posterity. It is my hope that the capabilities approach so applied can give us a novel way of understanding our responsibilities toward future people in a time where such an understanding is both unfortunately lacking and increasingly dire. Finally, I will discuss some implications of a capability-based account in the intergenerational context and some justifications for applying the approach in this way. Ultimately, I submit that this sort of view seems more well-fitted to this context than other approaches (e.g., contractarianism and consequentialism), and that it offers a unique vehicle for understanding our relations and obligations to future people. (shrink)

In recent years, a new generation of activists has reinvigorated debate over the public commemorative landscape. While this debate is in no way limited to statues, it frequently crystallizes around public representations of historical figures who expressed support for the oppression of certain groups or contributed to their past or present oppression. In this paper, I consider what should be done about such representations. A number of philosophers have articulated arguments for modifying or removing public monuments. Joanna Burch-Brown (2017) grounds (...) her argument for removal in what I call the “honorific” function of such representations—the ways in which they express and tend to cultivate admiration for their subjects. In the first two sections of the paper, I develop a novel argument for modifying these representations based on this insight. I argue that leaving such representations unmodified in the public space tends to undermine the dignity of members of oppressed groups as well as their assurance that society and government are committed to their rights and constitutional entitlements. In the paper’s third section, I develop a “balancing test” for determining whether the relevant moral and pragmatic considerations favor making a particular representation inaccessible to the public, or recontextualizing it for public consumption. Unlike some of the existing philosophical treatments of honorific representations that focus on particular monuments, this balancing test is designed for general application to any honorific representation that satisfies the presumptive case for modification. To conclude, I offer some reasons why weak forms of recontextualization that do not involve altering institutional context may often be an insufficient remedy for the problems I describe. (shrink)

PHILOSOPHY OF HUMAN RIGHTS: HUMAN RIGHTS IN LIGHT OF THEIR INTERNATIONAL PROTECTION Summary The book consists of two main parts: in the first, on the basis of an analysis of international law, elements of the contemporary conception of human rights and its positive legal protection are identified; in the second - in light of the first part -a philosophical theory of law based on the tradition leading from Plato, Aristotle, and St. Thomas Aquinas is constructed. The conclusion contains an application (...) of the results of the analysis conducted in the second part. The first part comprises four chapters. The first aims at revealing characteristics of human rights on the basis of an analysis of historical conditioning of the inter-national law of human rights and its development. The historical context displays the practical, vindicative, and critical character of the positive legal protection of human rights. Moreover, the process of change of positive human rights law is distinguished from the process of change of human rights as such. In the second chapter the content of human rights - a topic which is only auxiliary to the conducted analysis - is discussed. Basic typology and catalogues of rights proclaimed in the Universal Declaration of Human Rights and protected in the International Covenants of Human Rights are presented. The review of the content of rights aims at a more precise limitation of the field of research. The examination shows a diversity of rights which poses a serious challenge to the coherence of every philosophical theory of human rights. In the third chapter, central in the first part, international law is analyzed with regard to the characteristics of rights and the foundations of them. The analysis of documents shows a number of solutions referring to the anthropological foundations of rights. The inherent dignity of the human person is the source of all human rights. Each human being is recognized as free, and endowed with both reason and conscience. In the propounded conception of man individuals are not rivals but create a community which is a condition for their development. International law characterizes the rights as universal, inherent, inalienable and inviolable. The reconstructed conception also comprises the following basic elements: on the level of the structure of rights, a recognition of their equality, interdependence, and comprehensiveness; in the grounding of these rights, a recognition of the anthropological foundations of law; in the conception of positive law, a recognition of the secondariness of the positive law of human rights to human rights themselves, and a recognition of human rights and justice as the basis for legal order; in the conception of state, a recognition of the well-being of the individual as the fundamental aim of actions undertaken by political institutions, and recogni¬tion of rights which form an impassable boundary to the power of the state, includ¬ing its legislative actions. The characterization of the international legal paradigm serving for the under¬standing of human rights is supplemented by analyses of the structure of their posi¬tive legal protection. Various meanings of the terms "right" and "freedom" are distinguished. Subjective right, as basic structure of the positive legal protection of human rights, is understood as a complex relation formed by various legal situations of the subject of a right which create a functional whole in respect of the subordi-nation of human person to its good. Subordinating person to a good proper for it, expressed usually in a proclamatory norm, is the central element of particular rights around which further elements aiming at the realization of this good are built. In the second part of the book a philosophical theory is developed which allows for the location of a coherent foundation for the presented characterization of human rights and their positive legal protection. This part consists of two chapters. The first includes a review of some - not entirely satisfactory - means of founding of human rights; the second presents philosophical conceptions of law and man which may form a basis for the constructed theory. The review of arguments contained in the first chapter does not aim at a detailed analysis of various specific ways of argumentation encountered in works on this subject but rather at a concise presentation of the main possible lines of argumentation. These analyses also serve to emphasize the positive solutions which are pro¬posed later and to underscore the explanatory power of the elaborated theory. This theory, retaining accurate intuitions contained in the presented types of argumenta¬tion, helps in avoiding their consequences which are difficult to reconcile with the reconstructed paradigm of human rights. Efforts to base human rights on the norms of international law rightly take into account the necessity of determining the content of the rights and their positive legal protection as a means for the realization of man's good. These attempts, how¬ever, do not properly take into account the inherent character of human rights, which are independent of positive law and provide grounds for applying specific legislative measures and not others. Founding human rights on freedom accurately points at the freedom of an indi¬vidual as a constitutive element of some rights; however, absolutization of freedom leads, to a loss of an important element of the contemporary paradigm of under¬standing human rights. This foundation undermines recognition of the fact that human rights may set limits to both the freedom of others and the freedom of the subject of rights itself. Additionally, attempts at the so-called axiological justification of human rights are discussed. This type of justification has a few variants depending on the as¬sumed conception of value. Subjectivistic conceptions have similar advantages and disadvantages to the conceptions basing human rights on freedom; objectivistic conceptions while providing for the universality of human rights place, the fundamental aim of human rights protection beyond the individual human being - in the idealistically existing world of values; finally, conceptions rooting values and human rights in culture, while accurately noting that human rights are learned through the medium of culture, place the source of human rights beyond a concrete individual - in culture and processes which take place in it - which leads to difficulties in finding a basis for the universality of rights. Furthermore, attempts to ground human rights in specific characteristics of the human being are presented. This type of approach points to an important problem of dependence of the content of rights on what man is. However, recognition of specific characteristics of a human being as an ontic foundation of the existence of rights poses a danger to their universality since one has to accept that it is not enough to be a man to be a subject of rights, but a man possessing specific charac¬teristics. The second chapter aims at outlining solutions worked out by Saint Thomas Aquinas. For a fuller understanding of his propositions selected elements of Plato's and Aristotle's philosophy are presented. It was them who formulated the founda¬tions for reflection on law and justice in the ontological context. A qualification is made that Stoicism is not be analysed in depth. Although Thomas' concept of law was undoubtedly developed under the influence of the Stoic doctrine as well, it is not in this that one should look for the tools to understand the ontic foundations of human rights and law in general since the Stoic moral philosophy and philosophy of law were developed in the context of a theory of being which assumed monistic and pantheistic premises as foundations, leading to the recognition of a total subor¬dination of the human individual to a larger unity of which man is only a part. The analysis of Plato's and Aristotle's texts concentrates on problems of justice. Plato seems to be the first philosopher who reflected on the formula basic in the history of European thought: to render to each his due. It appears that justice as both a characteristic of man and his acts is understood in the perspective of that which is just, that which is a good for another man - the recipient of the act. The basis for determining what is just is the relation of correspondence between some¬one and something. While in the case of Plato this relation is based on something beyond its terms, namely on ideas, in the case of Aristotle the relation occurs on account of the elements of the relation itself. Something is just when it contributes to the develop¬ment of the recipient of an act realizing that which is just. At the same time, the realization of that which is just is a good for the agent. In the analysis of the just two types of relation are revealed: the relation of due-to-recipient occurring on account of the compatibility of that which is due, with the recipient of the act; and - a "superstructure" - a relation of obligation-of-subject occurring on account of the compatibility of the acting subject with the thing which should be done. The basis for being that which is due is formed by various potentialities of development of man - the recipient of agency; the basis of being that which is an obligation is the possibility of development of the subject of action. Aristotle distinguishes various types of freedom and points to the necessity of taking them into account in the discussion of justice. Among other things, as the core of man's freedom, he considers life for its own sake, which can be seen as his expression of the basic indices of the autotelic character of man - which is funda¬mental for later conceptions of dignity. The freedom which is described by him is not, however, inherent and inalienable; being free is conditioned by a factual possi¬bility of undertaking actions, which are not solely means to the realization of aims set by others. Thomas Aquinas takes over the Aristotelian research perspective both in his conception of man and of law. At the same time, however, he significantly enriches it. In anthropology he develops a conception of personal being. Drawing upon his distinction between existence ("that something is") and essence ("what something is"), he sees the basis for being a person in the dignity of personal being which is a certain way of existence of a rational being more perfect than that of non-personal beings. The person is a being which, by virtue of its act of existence, is individual¬ized in a specific way. It is an aim in itself. Expressing it in a negative way, one may say that it does not exist as a means for the realization of the aims of others and, in this sense, that it is free. As distinct from Aristotelian conclusions, being a person is not conditioned by the specific actions of a being. Dignity is inherent, based on that which is the foundation of the factual existence of every rational being. Although freedom requires that a being is rational, dignity still encompasses all being, all its properties and potentialities. Thus an act conforming with dignity has to take into account a whole human being. Among different types of that which is just, ius, the first place, from the point of view of understanding law, falls to "the just thing itself ("ipsa res justa"), which is right in the full meaning of the word. On the one hand, it is that which is due; on the other hand, it determines the way of acting in the utmost degree, since the course of every act is determined in the fullest extent by its aim. The content of ius may be determined both by elements independent of free decisions - ius naturale - and by free decisions taking into account the state of things - ius positivum. Recognition of the objective structure of being as the basis of law does not entail that it is possible or desirable to determine unequivocally "the only right" patterns of conduct. This concept is very well justified within the system proposed by Saint Thomas. Individualization of being is a significant element of the develop¬ment of a person as a person. It is attained by the realization of individual aims which are not unequivocally determined by circumstances and the nature common to all people. By virtue of free choices made in the sphere of that which is not by its nature unjust, the object of action becomes ius. Since in the realization of the person the individualization of human being is central, Aquinas clearly sees the need for the protection of the sphere of "dominion of will". This sphere itself constitutes ius naturale, something which is due to man independently of the acts of will. Therefore "law should forbid nothing which is not unjust" ("nihil debet lege prohiberi quod licite fieri potest", In 3 Sent., dist. 40, q. I, a. 1, 3). Besides the relation of due-to-recipient, ius also includes the relation of obligation-of-subject which is superimposed on the relation of due-to-recipient. As far as the ontic foundations of obligation are concerned, in explaining why man is subordinated to realization of the good of others, Aquinas generally follows Aristotle in accepting that this basis is the subordination to moral good - to actions conforming with the learned truth about reality. Aquinas' systemic solutions allow, however, to reach deeper and understand why moral development is also a development of the whole human being. This was difficult within Aristotle's system, since he was reluc¬tant to decide whether precedence should be given to intellectual or moral develop¬ment. The inclination to realise good of another appears to be a transcendental characteristic of being, based on its very existence. Morality understood as rational and free subordination to realize the good of another is a specifically personal way of the realization of this inclination. Thus just actions contribute to the actualization of being in the aspect of its existence and therefore to the actualization of being as a whole. Thomas' conception of natural law (lex naturalis) as participation in eternal law (lex aeterna), offers possibilities for grasping that which is just as something which is basically accessible cognition, independently of Revelation and independently of faith in God, and at the same time as something based in eternal law, understood as a design of God's wisdom. Eternal law, embracing all particular actions, is not, from the human perspective, accessible cognition directly. It is enacted in the struc-ture of the created being and - in case of human beings - in free choices taking this structure into account. In the concluding remarks, the results obtained earlier are applied directly to the contemporary conception of human rights. Human rights are understood in the first place as "just things" - concrete goods of man; as that which is due because of subordination, based on dignity, to the personal development of man. That which is just is understood as a relational - actual or potential - state of things, which exists by virtue of existing relations. Evaluations referring to that which is right are true when respective relations of due-to-recipient take place; norms of conduct are true when respective relations of obligation-of-subject take place. Examples of the application of the sketched theory outside the field of human rights are also presented. Procedural consequences of the developed theory are shown, such as the discrimination of two types of legislative procedures which differ significantly in the structure of argumentation: the first aims at recognition of that which is just independently of the will of the legislator, and the second, at making individual or collective "projects" of development compatible. Finally the possibilities of applying the theory to the increasingly important problems of the protection of the environment and the "rights" of animals are mentioned. The central issue is a philosophical conception of man and his freedom and a conception of law. It is also indispensable to turn to a general theory of being. The search for a comprehensive theory of human rights requires attention to the Abso¬lute Being - God - as well. This is important for at least two reasons. First, a conception of the Absolute Being is integral to philosophy of the systemic type -of which the present book is a piece. A conception of the Absolute Being is signifi¬cant for understanding all being, including, first of all, man as a personal being. Second, every theory of human rights which does not comprise the problem of the Absolute may be questioned as to whether solutions adopted in it do not lead, in consequence, to eliminating God from the perspective of the understanding of law. It is desirable that a philosophical theory should deal with this problem directly. A theory which eliminates God from the perspective of the understanding of rights will be unacceptable for all those who, for philosophical reasons or relying on faith, consider God as the author of inherent rights. Nevertheless, a theoretical approach to rights from the perspective of the Absolute Being should only be a possible extension of a philosophical approach which bases rights on something which is cognizable independently of the acceptance of the existence of God so that the theory is also acceptable for those who reject the existence of God or suspend their judgment on this subject. The pursued theory should therefore contain, on the one hand, reference to natural, faith-independent foundations of human rights, but on the other hand, point to a possible extension accounting for the Absolute Being. The analyses contained in this chapter have undoubtedly some historical value since they are based on source texts. Nevertheless, the use of these texts and not critical works was dictated, first of all, by a conviction that analyses embrace a given theory in the aspect selected by the interests of the researcher. Therefore to find out what past thinkers say on the subject characterized in the first part it is simpler to reach to the sources than to adopt the existing critical works. The pre¬sented reconstruction of Aquinas' views on philosophy of law incorporates proposi¬tions of supplementing and developing some of the ideas undertaken by him. Obligation to act in this and not an other way arises because human actions are subordinated to the conformity, on the one hand, of aims realized by these actions and, on the one hand, the order of being determining that which is favourable to man or destroys him. The content of the order of being is, on the one hand, determined by the structure of being independent from man's will and, on the other, by free decisions of man. (shrink)

This study clarifies the need for a renewed account of the body in physiotherapy to fill sizable gaps between physiotherapeutical theory and practice. Physiotherapists are trained to approach bodily functioning from an objectivist perspective; however, their therapeutic interactions with patients are not limited to the provision of natural-scientific explanations. Physiotherapists’ practice corresponds well to theorisation of the body as the bearer of original bodily intentionality, as outlined by Merleau-Ponty and elaborated upon by enactivists. We clarify how physiotherapeutical practice corroborates (...) Merleau-Ponty’s critical arguments against objectivist interpretations of the body; particularly, his analyses demonstrate that norms of optimal corporeal functioning are highly individual and variable in time and thus do not directly depend on generic physiological structures. In practice, objectively measurable physical deviations rarely correspond to specific subjective difficulties and, similarly, patients’ reflective insights into their own motor deficiencies do not necessarily produce meaningful motor improvements. Physiotherapeutical procedures can be understood neither as mechanical manipulations of patients’ machine-like bodies by experts nor as a process of such manipulation by way of instructing patients’ explicit conscious awareness. Rather, physiotherapeutical practice and theory can benefit from the philosophical interpretation of motor disorders as modifications of bodily intentionality. Consequently, motor performances addressed in physiotherapy are interpreted as relational features of a living organism coupled with its environment, and motor disorders are approached as failures to optimally manage the motor requirements of a given situation owing to a relative loss of the capacity to structure one’s relation with their environment through motor action. Building on this, we argue that the process of physiotherapy is most effective when understood as a bodily interaction to guide patients towards discovering better ways of grasping a situation as meaningful through bodily postures and movements. (shrink)

“Philosophers constantly see the method of science before their eyes and are irresistibly tempted to ask and answer questions in the way science does. This tendency is the real source of metaphysics and leads the philosopher into complete darkness.”(BBB p18). -/- “Many words then in this sense then don’t have a strict meaning. But this is not a defect. To think it is would be like saying that the light of my reading lamp is no real light at all because (...) it has no sharp boundary.” BBB p27 -/- "Now if it is not the causal connections which we are concerned with, then the activities of the mind lie open before us." BBB p6 -/- “Every sign is capable of interpretation but the meaning mustn’t be capable of interpretation. It is the last interpretation” BBB p34 -/- “Our method is purely descriptive, the descriptions we give are not hints of explanations.” BBB p125 -/- These quotes are not chosen at random but (along with the others in my reviews) are an outline of behavior (human nature) from our greatest descriptive psychologist. In considering these matters we must keep in mind that philosophy is the descriptive psychology of higher order thought (HOT), which is another of the obvious facts that are totally overlooked –i.e., I have never seen it clearly stated anywhere. Sadly Wittgenstein's brilliant exposition of behavior is still understood well by only a handful. -/- Much of the work is aimed at undermining the idea of introspection and private language via clever examples and of course there is a mountain of literature on this topic since but neither W nor anyone else ever makes it clear that the basic argument is trivial—if you don’t have a test that distinguishes between two words they cannot have a role in language and there cannot be any such test for private mental phenomena. In between he is describing how System 1 (the automatic functions of the brain) is described by intransitive uses of verbs such as seeing, remembering (i.e., they are Causally Self Reflexive) and differs from and blends into System 2- the deliberative linguistic system (e.g. p101, 161, 166 etc). He spends much time showing that disposition words (S2) such as thinking, meaning, judging, interpreting, knowing, understanding, believing, intending, reading, calculating, recognizing, comparing, deciding, counting, imaging etc. are not mental states with a precise duration but that their use depends on their having a clear public outcome-i.e., being transitive verbs (i.e., having Conditions of Satisfaction, which is the phrase Searle invented decades later). They are abilities to act. -/- Finally, let me suggest that with this perspective, W is not obscure, difficult or irrelevant but scintillating, profound and crystal clear and that to miss him is to miss one of the greatest intellectual adventures possible. -/- Those wishing a comprehensive up to date account of Wittgenstein, Searle and their analysis of behavior from the modern two systems view may consult my article The Logical Structure of Philosophy, Psychology, Mind and Language as Revealed in Wittgenstein and Searle (2016). Those interested in all my writings in their most recent versions may download from this site my e-book ‘Philosophy, Human Nature and the Collapse of Civilization Michael Starks (2016)- Articles and Reviews 2006-2016’ by Michael Starks First Ed. 662p (2016). -/- All of my papers and books have now been published in revised versions both in ebooks and in printed books. -/- Talking Monkeys: Philosophy, Psychology, Science, Religion and Politics on a Doomed Planet - Articles and Reviews 2006-2017 (2017) Amazon ASIN B071HVC7YP. -/- The Logical Structure of Philosophy, Psychology, Mind and Language in Ludwig Wittgenstein and John Searle--Articles and Reviews 2006-2016 (2017) Amazon ASIN B071P1RP1B. -/- Suicidal Utopian Delusions in the 21st century: Philosophy, Human Nature and the Collapse of Civilization - Articles and Reviews 2006-2017 (2017) Amazon ASIN B0711R5LGX . (shrink)

This chapter concerns the role accorded to animals in the theories of the English-speaking philosophers who created the field of environmental ethics in the latter half of the twentieth century. The value of animals differs widely depending upon whether one adopts some version of Holism (value resides in ecosystems) or some version of Animal Individualism (value resides in human and nonhuman animals). I examine this debate and, along the way, highlight better and worse ways to conduct ethical arguments. I explain (...) that two kinds of appeals (which I call intuition and reductio) are questionable foundations for environmental ethics and that representatives of both schools occasionally appeal unhelpfully to intuition or caricature the commitments of the other side. I review two stronger arguments for Ecoholism (inference and eco-organisms) and show that they have performed a useful function in environmental ethics. Ultimately, however, both arguments fail because their proponents are unable to answer four critical objections: weakness of will, no eco-organisms, no teleology, and is/ought. I then show that Animal Individualism operates on more secure footing when it comes to philosophical and scientific assumptions. I also propose that Animal Individualism is more likely to prove effective in establishing progressive environmental policies insofar as it builds on existing legal concepts, especially the concept of moral rights, and political institutions, such as democratic states. I note that wild animals are not inherently more valuable than domestic animals and, finally, offer a brief outline of an animal rights environmental ethic. (shrink)

Advocates of literary Darwinism, cognitive cultural studies, neuroaesthetics, digital humanities, and other such hybrid fields now seek explicitly to make the aims and methods of one or another humanities discipline approximate more closely the aims and methods of science, and at their most visionary, they urge as well the overall integration of the humanities and natural sciences. This essay indicates some major considerations—historical, conceptual, and pragmatic—that may be useful for assessing these efforts and predicting their future. Arguments promoting integration often (...) involve dubious teleological models of intellectual history and betray limited understandings of the distinctive epistemic orientations and cultural functions of the humanities vis-à-vis the sciences. Recurrent institutional difficulties encountered by scholars and/or scientists in hybrid fields reflect steep prestige differentials between the humanities and sciences, along with significant differences of training, experience, style, and temperament. Meanwhile, both the sciences and humanities are being shaken up by technological and related intellectual developments. Though worrisome, the new disciplinary configurations are thus likely to play out in surprising and, not inconceivably, positive ways. (shrink)

The Theistic Argument from Intentionality (TAI) is a venerable argument for the existence of God from the existence of eternal truths. The argument relies, inter alia, on the premises that (i) truth requires representation, and that (ii) non-derivative representation is a function of, and only of, minds. If propositions are the fundamental bearers of truth and falsity, then these premises entail that propositions (or at least their representational properties) depend on minds. Although it is widely thought that psychologism—the view that (...) the fundamental truth-bearers are mind-dependent—was refuted by Frege, a psychologistic view of propositions has been undergoing a revival. However, this new psychologism suffers from a problem of scarcity—finite minds cannot generate enough thoughts to play the role of fundamental truth-bearers. This objection paves the way for a revised version of the TAI: only an infinite mind can furnish enough thoughts to play the role of propositions. (shrink)

In recent years, academics and educators have begun to use software mapping tools for a number of education-related purposes. Typically, the tools are used to help impart critical and analytical skills to students, to enable students to see relationships between concepts, and also as a method of assessment. The common feature of all these tools is the use of diagrammatic relationships of various kinds in preference to written or verbal descriptions. Pictures and structured diagrams are thought to be more comprehensible (...) than just words, and a clearer way to illustrate understanding of complex topics. Variants of these tools are available under different names: “concept mapping”, “mind mapping” and “argument mapping”. Sometimes these terms are used synonymously. However, as this paper will demonstrate, there are clear differences in each of these mapping tools. This paper offers an outline of the various types of tool available and their advantages and disadvantages. It argues that the choice of mapping tool largely depends on the purpose or aim for which the tool is used and that the tools may well be converging to offer educators as yet unrealised and potentially complementary functions. (shrink)

I discuss Frege's argument - later called the slingshot - that if a construction is extensional and preserves logical equivalence then it is truth-functional. I consider some simple apparent counterexamples and conclude that they are not sentence-embedding in the required way.