Hegel’s ‘Natural Law’ essay is widely discussed but its substance and the implications of its argument are misunderstood. Hegel’s essay is most often read via other philosophers. Interpretations of this kind are useful but only illuminate those parts of Hegel’s text that intersect with other philosophers’ concerns. This article takes a different approach by focusing on the entirety of the essay and exploring the implications of its two primary arguments: firstly, that there has been a breach between philosophy and (...) natural law; secondly, that without philosophy natural law is thrown back on its own resources, producing two schools of post-philosophical thought—empiricism and formalism—neither of which is adequate to serve as its foundation. I argue that in response to this inadequacy Hegel sublates empiricism and formalism to develop undistorted intuition as a way of thinking designed to effect the re-philosophization of natural law. (shrink)

Duhem's discussion of physical theories as natural classifications is neither antithetical nor incidental to the main thrust of his philosophy of science. Contrary to what is often supposed, Duhem does not argue that theories are better thought of as economically organizing empirical laws than as providing information concerning the nature of the world. What he is primarily concerned with is the character and justification of the scientific method, not the logical status of theoretical entities. (...) The crucial point to notice is that he took the principle of the autonomy of physics to be of paramount importance and he developed the conception of natural classification in opposition to accounts of physical theories that contravened it. (shrink)

Werkmeister's new book, The Basis and Structure of Knowledge is the second major attempt in recent years to defend the idealistic theory of knowledge. The first was Blanshard's Nature of Thought; and it is worth noticing that both authors, in undertaking the defense of a position long in the shadows, are well aware of contemporary developments in logic and technical philosophy. Werkmeister freely acknowledges his debt to Blanshard; yet his work differs in scope from the latter's in at least two (...) ways. Firstly, the more recent book is concerned largely with the epistemological analysis of meaning and truth and hardly at all with what an older generation called "philosophical psychology," while philosophical psychology fills all of the first and part of the second volume of Blanshard's work. In my opinion, this is all to the good. (That our generation inverts the error and too often indulges in psychological philosophy is another story!) Secondly, Werkmeister presents us with detailed analyses of scientific method, of the structure of scientific theories, and of mathematics, all three areas to which Blanshard pays virtually no attention. The First Part of Werkmeister's book treats of Language and Meaning; the Second of Truth and the World About Us, the Third of Formal Knowledge, and the Fourth Part deals with Empirical Knowledge. But there is a fundamental thesis that runs through all of this. The analysis of each of these four domains reveals, according to Werkmeister, that only a coherence theory of meaning and truth can adequately reflect the criteria actually used by science and commonsense. It is not my intention to rehearse here the familiar dialectic of the arguments for and against this doctrine; the less so, since Werkmeister himself gives a useful review of both sides of the controversy. Rather, I want to try to fix as precisely as possible, within the context of Werkmeister's discussion, the nature of the difference between coherence theories on the one hand and correspondence theories on the other. This difference has not always been too clearly stated; it even seems that recent developments in linguistic analysis have been the occasion for some new confusions on this very point. For coherence theorists who have recognized that philosophical semantics is a "formal" discipline now insist that "to say what a symbol means is not to relate it to an object, but to give it an interpretation in terms of other symbols," as Ayer2 has recently put it. This seems to contradict the "comparison with fact" feature of the traditional realistic formulations of the correspondence view. A superficial bystander could even believe that the correspondence theorists have given up their original position, since both sides now agree that truth is a matter of a relation between symbols. Such agreement, as I hope to show, is more apparent than real, for what is now at stake is the nature of that "intrasymbolic relation." And on this nature the two parties disagree. There is little doubt that Werkmeister's book appears at a moment more propitious for the advocacy of the coherence theory of truth than did Blanshard's. In the near decade that separates the two works the intellectual climate has become, for better or for worse, considerably more favorable to a reconsideration of, and possibly even a reconciliation with, some of the major tenets of rationalism. This is reflected in the current discussion regarding the contrary-to-fact conditional, the dissatisfaction with material implication, and the correlative concern for a more adequate analysis of the concept of a natural law. It is evident too in the revived enthusiasm for intensional logic and in the related interest in the modalities. As uncompromising an empiricist as C. L. Lewis, with whom, by the way, Werkmeister shares a common Kantian background, has introduced into his latest work a "congruence" theory of truth which, despite the substitution of a so-called "probability" inference for necessary inference, looks very much like the coherance criterion all over again. So Werkmeister's book should be welcome for its clear presentation of the relevant issues; and even those who disagree with him can admire the candor and forthrightness with which he champions what remains, despite vacillations, an essentially unpopular position. (shrink)

The problem of the peculiarcharacter of chemical laws and theories is a central topic in philosophy of chemistry. Oneof the most characteristic and, at the sametime, most puzzling examples in discussions onchemical laws and theories is Mendeleev''speriodic law. This law seems to be essentiallydifferent in its nature from the exact laws ofclassical physics, the latter being usuallyregarded as a paradigm of science byphilosophers. In this paper the main argumentsconcerning the peculiar character of chemicallaws and theories are examined. (...) The laws ofchemistry are natural laws to the same extentas are the laws of physics. The law discoveredby Mendeleev is a normal law of nature. It isnot a law of physics, nevertheless, it is exactin the same philosophical sense as are the lawsof physics. The periodic system of chemicalelements was established by constructing anidealized system of idealized elements. Thefundamental idealization substantiated byexperimental chemistry was the chemicalelement as a place in the periodicsystem. (shrink)

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

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Aquinas’s Theory of Natural Law: An Analytic Reconstruction by Anthony J. LisskaV. Bradley LewisAnthony J. Lisska. Aquinas’s Theory of Natural Law: An Analytic Reconstruction. Oxford: Clarendon Press, 1996. Pp. xv + 320. Paper, $24.95.This volume aims to provide an explication of the natural law theory of St. Thomas Aquinas “consistent with the expectation of philosophers in the analytic tradition” (10–11, 17). Accordingly, the author begins, (...) in the first three chapters, by reviewing the recent history of Anglo-American metaethics, aligning himself broadly with those critics of analytic ethics like G. E. M. Anscombe, Alasdair MacIntyre, John Finnis, Martha Nussbaum, and Henry Veatch, who have argued for a recovery of Aristotelian moral theory, against varieties of intuitionism, non-cognitivism, and neo-Kantianism. Lisska’s principal objective is to present a reconstructed natural law theory based primarily on Aquinas’s discussion in questions 90–97 of the prima secundae of the Summa theologiae (a translation of these questions is appended to the book). This he offers mostly in the fourth, fifth and eighth chapters of the book. The sixth chapter is a critique of John Finnis’s account of natural law and the seventh is an exposition of the views of Henry [End Page 526] Veatch. The ninth chapter presents some suggestions on how the author’s account can illuminate controversies over the grounding of human rights, and the tenth is a brief conclusion.The three introductory chapters consist mainly of a review and endorsement of the critics of academic ethics since Moore’s Prıncipia Ethıca. Having accepted arguments for the inadequacy of modern ethics, Lisska argues for the recovery of Aquinas’s views which he sees as in fundamental continuity with Aristotelian ethics (84, 89, 100, 102–105, 108, 134–36). His central thesis is that natural law is a “second-order inquiry” based on a realist metaphysics of the human person as defined by a set of dispositional properties, the realization of which constitutes Aristotelian eudaimonia and Thomistic beatitudo (17, 104–106, 131–37, 152–55, 186, 195–201). Moreover, Lisska contends that Aristotelian “eudaimonism” constitutes an adequate account of moral obligation: what he calls, after Veatch, “obligatory teleology” (107–109, 121, 202–205, 235).At the core of Lisska’s account, then, is a metaphysical dispute that pits Aristotelian essentialism against modern reductionist ontology. This metaphysical core is separated from any theological implications in the fifth chapter (especially 119–23, 137) and Lisska reinforces his metaphysical thesis by appealing to Saul Kripke’s discussion of natural kinds and the early work of Hilary Putnam (97–99, 125, 206–209). Given the centrality of metaphysical argument, a critique of Finnis’s theory goes without saying, and Lisska devotes a chapter to it, adding another to expound Henry Veatch’s contrary view.While this book undertakes an important effort to recover a workable natural law theory—especially in its commendable stress on metaphysical questions—it is, as a whole, less satisfactory than it might have been. A good part of this owes to the book’s abstraction from historical questions. No sustained attention is devoted to the problems that accompanied the reception of Aristotle by Christian theologians, nor to the place of natural law in Aquinas’s overall understanding of morality. The former point is not so surprising, given the book’s analytic concerns; the latter, however, carries more serious theoretical implications. Why is it, for example, that natural law takes up so little space compared to the questions on happiness, human acts, and the habits and virtues in the prima secundae, not to mention the detailed treatments of the virtues and vices in the secunda secundae? Similarly, where Aquinas stresses that natural law as law is directed to the common good (Iallae 90.2), Lisska treats it mostly as a guide to “self-realization.”This issue suggests the tensions between Aristotle and Aquinas, tensions that seem to show themselves precisely in Aquinas’s discussion of the very notion of natural law, a notion that has no equivalent in Aristotle. This question hangs over Lisska’s brief treatment of obligation, in particular, since that concept is also lacking explicit treatment in... (shrink)

Henry Harris noted that ‘the Baconian applied science of this world is the solid foundation upon which Hegel’s ladder of spiritual experience rests’. Understanding the philosophical character of Hegel’s Philosophy of Nature requires recognizing some basic legitimate philosophical issues embedded in the development of physics from Galileo to Newton (§2). These issues illuminate the character of Hegel’s analysis of philosophical issues regarding nature (§3) and the central aims and purposes of Hegel’s philosophy of nature (§4). Hegel recognized some key weaknesses (...) in Newton’s own mathematical treatment of planetary orbits which were only rectified when Johann Bernoulli recast Newtonian gravitational theory on the basis of mathematical analysis (calculus). So reconstructed, Newtonian physics provides sufficient grounds to ascribe gravitational force to matter (Enz. §§262, 269). Hegel incorporated this important point into his illuminating accounts of causal laws of nature and natural-scientific explanation. These points reveal how Hegel’s Science of Logic and Philosophy of Nature are interdependent works, integrated in part by Hegel’s critical, moderately holistic theory of semantic meaning and reference. Highlighting these features of Hegel’s Philosophy of Nature illuminates Hegel’s emergentist account of structural and functional organization of various kinds of natural phenomena. (shrink)

A brief historical comment on scientific knowledge as Socratic ignorance -- Some critical comments on the text of this book, particularly on the theory of truth Exposition [1933] -- Problem of Induction (Experience and Hypothesis) -- Two Fundamental Problems of the Theory of Knowledge -- Formulation of the Problem -- The problem of induction and the problem of demarcation -- Deductivtsm and Inductivism -- Comments on how the solutions are reached and preliminary presentation of the solutions -- Rationalism and (...) empiricism-deductivism and inductivism -- The possibility of a deductivist psychology of knowledge -- The Problem of Induction -- The infinite regression (Hume's argument) --The inductivist positions -- The Normal-Statement Positions -- The normal-statement positions: naive inductivism, strict positivism and apriorism -- Critique of strict positivism - twofold transcendence of natural laws -- The transcendental method - presentation of apriorism -- Critique of apriorism -- Kant and Fries -- Supplement to the critique of apriorism. (Psychologism and transcendentalism in Kant and Fries.-On the question of the empirical basis.) -- Probability Positions -- The probability positions - subjective belief in probability -- Statements about the objective probability of events -- Probability as an objective degree of validity of universal empirical statements -- One way of more closely defining the concept of the probability of a hypothesis (primary and secondary probability of hypotheses). The concept of simplicity -- The concept of the corroboration of a hypothesis - positivist, pragmatist and probabilistic interpretations of the concept of corroboration -- The infinite regression of probability statements -- Pseudo-Statement Positions -- The pseudo-statement positions: new formulation of the problem -- Natural laws as "instructions for the formation of statements" -- "True - false" or "useful - useless"? Consistent pragmatism --Difficulties of consistent pragmatism -- Tool and schema as purely pragmatic constructs -- Natural laws as propositional functions -- Conventionalism -- The pseudo-statement positions will temporarily be put away: conventionalism -- The three interpretations of axiomatic systems. (The circle of problems surrounding conventionalism) -- Conventionalist implicit and explicit definitions Propositional function and propositional equation -- Conventionalist propositional equations as tautological general implications -- Can axiomatic-deductive systems also be understood as consequence classes of pure propositional functions (of pseudo-statements)? -- The coordinative definitions of empiricism: synthetic general implications -- Conventionalist and empiricist interpretations, illustrated by the example of applied geometry -- Strictly Universal Statements and Singular Statements -- Implication and general implication -- General implication and the distinction between strictly universal and singular statements -- Universal concept and individual concept-class and element -- Strictly universal statements-the problem of induction and the problem of universals -- Comments on the problem of universals -- Back to the Pseudo-Statement Positions -- Return to the discussion of the pseudo-statement positions -- Symmetry or asymmetry in the evaluation of natural laws? -- The negative evaluation of universal statements. Critique of the strictly symmetrical interpretation of pseudo-statements -- An infinite regression of pseudo-statements -- An apriorist pseudo-statement position -- Interpretation of the critique up to this point; comments on the unity of theory and practice -- A last chance for the pseudo-statement positions -- Pseudo-Statement Positions and the Concept of Meaning -- The concept of meaning and logical positivism -- The concept of meaning and the demarcation problem-the fundamental thesis of inductivism -- Critique of the inductivist dogma of meaning -- Fully decidable and partially decidable empirical statements-the antinomy of the knowability of the world. (Conclusion of the critique of the pseudo-statement positions.) -- The dialectical and the transcendental corroboration of the solution -- Is the problem of induction solved? (shrink)

A vast amount of attention has traditionally been paid to the relation of Hegel’s Phenomenology of Spirit to the system of “science” which complements it in his thought. Recently, Errol Harris has suggested that the Phenomenology is also related to “science” as we understand it today, and this view has been worked out in some detail by Paul Thagard. The approach seems of interest for the philosophy of science because of the increasing contemporary awareness that empirical science is not (...) based simply on “value-free” observations, but incorporates critical reflection on previous theories, and hence—like the Phenomenology—has an historical dimension. As I hope to show here, attention to the relation of the Phenomenology to natural science can also enhance our understanding of Hegel. (shrink)

Empirical investigations use empirical methods, data and evidence. This banal observation appears to favour empiricism, especially in philosophy of science, though no rationalist ever denied their importance. Natural sciences often provide what appear to be, and are taken by scientists as, realist, causal explanations of natural phenomena. Empiricism has never been congenial to scientific realism. Bas van Fraassen’s ‘Constructive Empiricism’ purports that realist interpretations of any scientific theory in principle always transcend whatever can be (...) justified by that theory’s empirical adequacy, and that ‘explanations’ are merely pragmatic, insofar as they are context-specific to the presuppositions of whomever poses the question an explanation is to answer. Here I argue that ‘Constructive Empiricism’ rests upon a series of flawed presumptions about natural science and about epistemology. To do so I draw upon two main resources. One resource is the constraints upon specifically cognitive reference to particulars, first identified by Kant (and later by Evans). The second is William Harper’s (2011) brilliant re-analysis and defence of Newton’s Principia, which shows that, and how, Newton justified his realism about gravitational force. One surprise is that Kant’s semantics of singular cognitive reference (examined in §3) directly and strongly supports Newton’s Rule 4 of scientific method (§4), which strongly supports his realism about gravitational force (summarised in §2). A further surprise is that Hegel first recognised that this semantics of singular cognitive reference directly and strongly supports Newton’s methodological Rule 4 of experimental philosophy in ways which support Newton’s realism about gravitational force, and about distance forces generally. The textual and exegetical issues these attributions require I examine elsewhere. Here I make these important findings available to philosophers and historians of science. (shrink)

J. W. Goethe is well known as one of the world's greatest poets. Some are also aware that throughout his long and active life Goethe devoted much of his time to natural science. His theory of colour and studies in the morphology of plants are acknowledged contributions in their fields. What is much less known is that in his scientific work Goethe was attempting to elaborate and justify a new basic methodology for the natural sciences. He opposed (...) and wished to refute the one-sided quantitative-mechanistic method which had been dominant since Galileo and Newton (and in principle still prevails today) and to set up against it a qualitative method. An essential characteristic of this qualitative method, according to Goethe, is that it is immune to a Humean reduction of the status of 'natural laws' to mere hypotheses. This claim makes Goethe's view directly relevant for current discussion of such questions as the status of scientific 'laws' and the correct method of theory construction. The present essay tries to show the fruitfulness of Goethe's view for such discussions, partly by means of an exposition of the view — drawn from various works — and partly by drawing consequences from it which bring it into direct contact with contemporary discussions in philosophy of science. (shrink)

This chapter contains sections titled: Hegel's Discussion of the Proofs On “Proof” and “Existence” The Proofs, Religious Elevation, and the Communion of Spirit The Multiplicity of Proofs and the One God The Cosmological Proof The Teleological Proof The Ontological Proof The Dialectic of the Proofs and the Speculative Reversal Hegel's Proofs Today.

This essay considers the evolution of Hegel's political and legal theory with respect to the emergence of a classical liberal society and modern natural law. I argue that Hegel abandoned his early concerns which focused on a revival of the Greek polis and ethics over legality and refocused his efforts at reaching a modern form of ethical life predicated on the acceptance of classical liberal society and modern natural law. I try to argue that Hegel wanted to (...) achieve a present-day communal ethics without abolishing the modern individual subject endowed with rights. However, I seek to draw attention to Hegel's criticism of empirical individualism and social atomism. (shrink)

This paper discusses in depth the critical thought of religion shown by young Marx in the Introduction to the Critique of Hegel's Philosophy of Law, which is not only an important part of Marx's early theoretical explorations, but also an important symbol of his transformation from idealism to materialism. In the Introduction to the Critique of Hegel's Philosophy of Law, Marx systematically expounded the nature, function, root of reality, and critical method of religion through the perspective of anthroposophical (...) materialism. He inherited Feuerbach's theory that ‘the essence of religion is the alienation of human nature and went beyond his abstract anthropocentrism to direct the focus of the critique of religion to real social relations. This study makes comprehensive use of various methods, such as documentary, comparative, and historical research, to sort out, summarize, and conclude Marx's early critical thought on religion on the basis of existing research results, with a view to providing valuable academic reference for domestic and foreign academics. Although this study is devoted to a comprehensive and in-depth analysis of the critical thought of religion in the Introduction to the Critique of Hegel's Philosophy of Law, the argumentation of some viewpoints may be insufficient due to the constraints of my current level of academic research and the availability of materials. Future research can continue to expand the scope of research and enrich the research methodology with the development of practice, so as to better make up for the shortcomings of this study. (shrink)

Georg Wilhelm Friedrich Hegel's 'Philosophy of Nature' has often been accused of promoting a view of nature fundamentally at odds with the modern scientific understanding of nature. I show this accusation to be false by pointing to two aspects of Hegel's treatment of nature: its rejection of the 'a priori/a posteriori' distinction, and its connection to Hegel's conception of autonomy as freedom from givenness. I give a reading of Hegel's treatment of the laws (...) of motion along these lines, and I close with some points connecting this reading of Hegel to contemporary philosophy (specifically John McDowell and Catherine Malabou). (shrink)

s theory of cosmopolitan right is widely viewed as the philosophical origin of modern cosmopolitan thought. Hegel’s critique of Kant’s theory of cosmopolitan right, by contrast, is usually viewed as regressive and nationalistic in relation to both Kant and the cosmopolitan tradition. This paper reassesses the political and philosophical character of Hegel’s critique of Kant, Hegel’s own relation to cosmopolitan thinking, and more fleetingly some of the implications of his critique for contemporary social criticism. It is argued that Hegel’s critique (...) was neither regressive nor nationalistic, but rather that he advanced the theory of cosmopolitan right beyond the Kantian framework of formal natural law. The main proposition is that Hegel was not only the first to recognize cosmopolitanism as a definite social form of right, relative to other forms in the modern system of right, but that his ‘scientific and objective’ approach to the issue makes a substantial contribution to restoring the severed connections between the realism of war between nations and the normativism of perpetual peace. Key Words: cosmopolitanism • Habermas • Hegel • Kant • nationalism • peace • right • war. (shrink)

The notion that nature is subject to laws is exciting from many different viewpoints. This paper is based on the context of modern cosmology. It will list the significant interdisciplinary implications generated by various aspects of the contemporary scientific discussion about the status of laws of nature, especially their dynamic nature. Recent work highlights how multiple aspects of the observed universe still lack explanation and that several problems of standard cosmology still form the object of debate. Considering these (...) issues, several proposals have been made that entail a revision of the concept of the law of nature, according to which the nature of time and of the relation between causality and natural laws ought to be reconsidered using approaches or viewpoints which point to philosophical issues. We argue that Tim Maudlin’s concept of Fundamental Law of Temporal Evolution (FLOTE) and Nancy Cartwright’s notion of the nomological machine provide new insights and valuable tools that can be used in the analysis of the status of laws in the context of cosmology and of complex systems theory. The limits of the traditional approach to laws of nature and their mathematical formulation are highlighted in this context, as well as the fact that many of the ultimate properties of nature may turn out to be formally unpredictable or uncomputable. (shrink)

The persisting conception of Hegel's criticism of Newton's physics as an irrational or at least hopelessly exaggerated one partly has its roots mainly in Hegel's terminology and in his style. This does not mean that a mere translation of Hegel's arguments into any contemporary philosophical language be sufficient to immediately convince every Newtonian scientist. However, a non-Hegelian way of rephrasing the core of Hegel's anti-Newtonian philosophy of nature can help to understand to which extent the latter (...) does satisfy any scientist's criteria for a rational and self-consistent theory. To demonstrate this is the central aim of my talk, which is structured as follows: In the first part, I'm trying to highlight basic features of Hegel's criticism of Newton's optics and celestial mechanics, eventually focussing on his concept of a "sense of nature". This part has the character of a review. Second -­ and that is supposed to be the "reconsideration" part of my paper -­ I'll try to highlight the fundamental difference between Newton's and Hegel's ideas of natural laws and of the relation between mathematics and physics. Third, the metaphysical background of this difference will be analyzed. It is by the analysis of this metaphysical background that I hope to render Hegel's criticism of Newton's scientific revolution more understandable. (shrink)

Hegelian ethics, which gives pride of place to the roles and relations that give substance to our moral life, is seen as a rejection of Kant's a priori treatment of morality, moral law and moral agency. Analysis of the so-called religious writings from the late 1790s to the early 1800s, 'The Positivity of the Christian Religion', the 'Love' fragment, and the essay 'On the Scientific Treatment of Natural Law', shows Hegel engaging profoundly with recognizably Kantian problems (...) of moral metaphysics about moral agency, the moral law, nature and freedom. The almost experimental approach of these early pieces yields independently interesting results as well as offering an important insight into the development of Hegel's thought. (shrink)

The reductionistic vision of evolutionary theory, "the gene's eye view of evolution" is the dominant view among evolutionary biologists today. On this view, the gene is the only unit with sufficient stability to act as a unit of selection, with individuals and groups being more ephemeral units of function, but not of selection. This view is argued to be incorrect, on several grounds. The empirical and theoretical bases for the existence of higher-level units of selection are explored, and alternative (...) analyses discussed critically. The success of a multi-level selection theory demands the recognition and development of a multi-level genetics. The way to accomplish this is suggested. The genotype/phenotype distinction also requires further analysis to see how it applies at higher levels of organization. This analysis provides a way of defining genotype and phenotype for cultural evolution, and a treatment of the innate-acquired distinction which are both generalizeable to analyze problems of the nature and focus of scientific change. (shrink)

Aquinas needs no introduction as one of the greatest minds of the middle ages. Highly influential on the development of Christian doctrine, his ideas are still of fundamental philosophical importance. This new critique of his natural law theory discusses the theory's background in Aristotle and advances new interpretations of contemporary legal issues which hark back to Aquinas.

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...) setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

This book is the Studies in G.W.F. Hegel's Philosophy of Right; Hegel's 'elements of the Philosophy of 'right is his last major published statement not only on the philosophy of law but on ethical theory, natural law, social and political theory as well. The studies of Right, Morality, Ethical Life duscuss Hegel's views both historically and systematically, contrubuting to the lively discussions concerning the signifigance of Hegel's view in the present philosophical context. This book is (...) ment for students of Religion/philosophy. (shrink)

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

In lieu of an abstract, here is a brief excerpt of the content:Re-examining Empirical Data on Conflicts of Interest Through the Lens of Personal NarrativesEmily E. Anderson and Elena M. KrausIntroductionThe personal stories submitted by physicians and researchers for this symposium add much–needed dimension to conversations on conflicts of interest in medicine and research. Narratives from individuals living with conflicts of interest can serve as a unique lens through which to consider psychological and economic theories and survey data (...) on physician and patient views. In our reading of these personal narratives, we identified four primary themes that will serve as springboards for our commentary. We aim to triangulate clusters of meaning drawn from the narratives with relevant data from published empirical studies and identify gaps in knowledge where more research is needed. These themes are: the unique environments of medicine and research; weighing the potential benefits of conflicts of interest against the risks; conflict of interest management; and the roles and responsibilities of diverse stakeholder groups.The Unique Challenges of the Medical and Research EnvironmentsThe reflections of the narrative authors draw attention to many of the unique environmental aspects of medicine and medical research that make physicians and researchers especially vulnerable to conflicts of interest. Conflicts of interest may be more ubiquitous in medicine than in any other industry (Kassirer, 2006). As the narratives demonstrate, conflicts of interest emerge across a range of health care delivery and research activities. Surveys have shown that 94 percent of physicians have some kind of relationship with industry (Campbell, Gruen, Mountford, et al., 2007). There is also evidence that physician interactions with medical industry begin early and are a regular part of a physician’s professional practice along the career continuum (Wazana, 2000).Medicine as a profession is distinct from banking or law. It is often said that medicine is an art; in treating patients, creative individualized solutions and gut instinct are as (if not more) important than the application of scientific knowledge. Uncertainty surrounds medical decision making. There is limited precision with respect to diagnoses and prognoses, limited data regarding the effectiveness of many treatments, and a range of patient values and preferences. Because of this uncertainty, rules about practice standards, especially with respect to avoidance and management of conflicts of interest, cannot be as explicit as they are in law or business. As demonstrated by the story presented by Sal Cruz–Flores, research and practice often intersect. And, there is no system in greater need of reform—and no system about which there are more divergent opinions as to what shape that reform should take—than the United States health care [End Page 91] system. The narratives of Tony Mikulec, Govind Nagaldinne, and David M. Zientek demonstrate how various aspects of the structure of healthcare service provision and third–party payer arrangements have the potential to harm patients. Conflicts of interest comprise more than relationships with pharmaceutical and medical device manufacturers.The narratives of Laura Jean Bierut and David M. Zientek also discuss examples of conflicts of interest that arise from factors beyond relationships with industry or the direct potential for financial gain. This may be somewhat unique to the medical milieu. Non-financial conflicts such as a desire for the prestige bestowed upon scientists who make key discoveries, a requirement to publish for tenure and promotion, the need to maintain one’s license or other privileges, or simply the pressure of a competitive environment can influence physician and researcher behavior. As noted by Bierut, more research on how to identify and manage non-financial conflicts is needed.The Potential Benefits and Harms of Conflicts of InterestConflicts of interest are usually presented in a negative light, particularly those that involve physician relationships with the pharmaceutical industry. To “have a conflict of interest” is to be in a situation or role where there is potential for personal interests to be prioritized over professional responsibilities. However, in terms of public perception, it seems that conflicts of interest have become almost synonymous with wrongdoing. Perhaps this is due to the barrage of media reports during the last decade on significant harms caused by financial conflicts of interest in business, journalism, and sports as well as in medicine (Steinbrook, 2004). Amidst... (shrink)

This article examines the foundations for the legitimacy of law from the perspective of Hegel’s philosophy. In a first step, Kant’s justification of law is discussed, as Hegel takes the Kantian model as a central point of reference. Then, in the Section 2, I discuss Hegel’s reasons for rejecting the main strategies of justification of the legal order: natural law, contractarianism and legal positivism. This is further followed by a discussion of the meaning and scope of Hegel’s contextualism, (...) according to which there can be no practical normativity without a certain historical embedding. Finally, I describe a more traditional met-aphysical reading that I consider to be the correct solution, contrasting it with Honneth’s theory of recognition and Bran-dom’s pragmatism. (shrink)

... the topic of 'meaning' is the one topic discussed in philosophy in which there is literally nothing but 'theory' - literally nothing that can be labelled or even ridiculed as the 'common sense view'. Putnam, 'The Meaning of Meaning' This book explores some truths behind the truism that experimentation is a hallmark of scientific activity. Scientists' descriptions of nature result from two sorts of encounter: they interact with each other and with nature. Philosophy of science has, by and (...) large, failed to give an account of either sort of interaction. Philosophers typically imagine that scientists observe, theorize and experiment in order to produce general knowledge of natural laws, knowledge which can be applied to generate new theories and technologies. This view bifurcates the scientist's world into an empirical world of pre-articulate experience and know how and another world of talk, thought and argument. Most received philosophies of science focus so exclusively on the literary world of representations that they cannot begin to address the philosophical problems arising from the interaction of these worlds: empirical access as a source of knowledge, meaning and reference, and of course, realism. This has placed the epistemological burden entirely on the predictive role of experiment because, it is argued, testing predictions is all that could show that scientists' theorizing is constrained by nature. Here a purely literary approach contributes to its own demise. The epistemological significance of experiment turns out to be a theoretical matter: cruciality depends on argument, not experiment. (shrink)

This article investigates the analogy of the “laws of nature” through Graham Harman’s Object-Oriented Ontology (OOO) and Gilbert Simondon’s ontogenetic naturalism (ON). Both thinkers challenge the literalist interpretation of scientific knowledge by emphasizing the indirect nature of relation and the primacy of the autonomy of discrete beings over pre-established physical laws. Harman’s OOO defends this autonomy as the irreducible independence of objects from their relations, while Simondon focuses on the modulation of information in shaping the laws of nature through (...) individuation. The article argues that while science remains the best recursive triangulation between logic and empirical evidence, its grasp of an ultimate, literal Truth is constricted by an epistemological relation to autonomous realities, grounded in analogy. Consequently, the laws of nature are considered as legislated by discrete autonomies, with space and time emerging from the things themselves. The article concludes by discussing the consequences of this reframing in light of the ancient conception of díkēkosmos (cosmic justice). (shrink)

The purpose of this study is to gain a better understanding of the role of abstraction and idealization in Galileo’s scientific inquiries into the law of free falling motion, and their importance in the history of science. Because there is no consensus on the use of the terms “abstraction” and “idealization” in the literature, it is necessary to distinguish between them at the outset. This paper will argue for the importance of abstraction and idealization in physics and the (...) class='Hi'>theories and laws of physics constructed with abduction from observations and that these theoretical laws of physics should be tested with deduction and induction thorough quasi-idealized entities rather than empirical results in the everyday world. Galileo’s work is linked to thought experiments in natural science. Galileo, using thought experiments based on idealization, persuaded others that what had been proven true for a ball on an inclined plane would be equally true for a ball falling through a vacuum. (shrink)

The article expresses skepticism on the alleged affinity between Hegel’s theory of conceptuality and conceptual pragmatism. Despite the intriguing philosophical impetus underlying the latter, the author formulates doubts about its compatibility with logical and metaphysical principles of absolute idealism. The criticism is articulated in four theses: (1) pragmatism’s concerns with (ultimately empirical) concept-acquisition and concept-application are largely alien to Hegel’s logical-metaphysical theory of conceptuality; (2) the interchangeability of ‘word’ and ‘concept’ in the pragmatist discussion is incompatible with Hegel’s (...) notion of thinking; (3) the distinction of Vertsandesbestimmung and Vernunftbegriff, while ignored in practice in the pragmatist approach, is pivotal to Hegel’s understanding of the nature of conceptuality; (4) finally, pragmatism’s use of the recognition-thesis from the Phenomenology of Spirit ignores the noncontractarian, non-negotiative function of the same in Hegel’s work. (shrink)

In this paper I suggest an alternative reading of the value of Hegel’s systematic approach to nature from the perspective of environmental philosophy. Taking the paradigmatic example of the “new materialist” ontologies, I present the problems with an inflationary justification for the argument for the need of a shift in the “scientific” representation of nature. On the basis of these problems, I suggest that Hegel’s view of nature as axiologically impotent sheds light into why emancipatory environmental theory needs not (...) hinge on a determinate understanding of nature. In my reading, this rejection can be harmonized with the asymmetric nature of our responsibility towards non-human nature. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Appreciating Anorexia:Decisional Capacity and the Role of ValuesThomas Grisso (bio) and Paul S. Appelbaum (bio)Keywordscompetence, consent, anorexia, appreciation, decision makingTan and her colleagues (2006) reported that persons with anorexia nervosa typically manifest no difficulty satisfying the criteria for abilities associated with competence to consent to or refuse treatment. Their results led them to conclude that these patients generally had no problem grasping the nature of anorexia and its (...) possible consequences (understanding), typically did not have difficulty processing information when making treatment decisions (reasoning), and usually neither denied that they had a disorder nor manifested distorted beliefs about the potential consequences of treatment for the disorder.Nevertheless, these authors found, some anorexia patients said that they knew they might die and that they would rather die than suffer the alternative consequences (e.g., loss of identity, feeling of being disgusting). They point out that these beliefs, suggesting questionable competence, were not identified by the usual criteria for competence to consent to treatment. Therefore, they propose that we should consider a modification of the criteria for competence to consent to treatment. They argue for inclusion of "pathological values" as the basis for a finding of incompetence. Their notion of a pathological value (as we summarize it based on their Discussion) includes (a) a personal value (b) on which treatment refusal is based, that (c) is not authentic, and (d) is due to a mental disorder.Second, Tan and colleagues were concerned that the MacArthur Competence Assessment Tool for Treatment (MacCAT-T), currently used widely to assess competence to consent to treatment, did not seem to take values into account when examining deficits related to lack of appreciation or reasoning. They point out that most patients with anorexia nervosa in their study had "pathological values" that influenced their thinking about treatment, yet they did not obtain poor scores on the instrument's appreciation scale, which assesses whether patients deny that they have the illness or offer reasons for accepting or refusing treatment that are based on delusional premises or a serious distortion of reality. Moreover, almost all of the anorexia patients in the study obtained adequate scores on reasoning, which examines the ability to process options and consequences when weighing a treatment decision. [End Page 293]Reasons for Caution in Altering Criteria for CompetenceA fundamental step in considering Tan and her co-worker's proposal is to examine whether it is necessary to add a concept of "pathological values" to the legal construct of competence to consent to treatment. Modifying the legal doctrine of consent is important if that is needed to improve its validity or reliability. But modifications of the doctrine would have considerable costs, including a long process of producing logical and empirical evidence for its necessity, developing methods to assess the new concept, and then a process of debate, persuasion, and education to change laws, ethical guidelines, and medical training. Moreover, principles of theory building urge parsimony. A theory should employ no more concepts or assumptions than are required to account for the phenomena that the theory seeks to organize or explain. So one must be sure that modifications are truly necessary before adding complexity to the theory of decisional competence.In addition, there is an inherent danger in altering a concept like competence to consent to treatment on the basis of the study of any one mental disorder. It is not at all clear how the modification might influence findings of competence when applied to other disorders. Using a study of patients with anorexia nervosa as the impetus for changing the competence concept runs this risk. For example, anorexia is one of a class of mental disorders that is characterized by a failure to abstain from behavior (here, limiting food intake and other behaviors designed to reduce weight) that has negative consequences for the person. Other conditions in this category might include substance abuse disorders and impulse control disorders (e.g., pathological gambling). Even if one concludes that revised criteria for competence would reduce false-positive findings of competence in this group of disorders, one would have to consider carefully its impact on the full range of disabling mental conditions.Moreover, the sensitivity... (shrink)

Aquinas' first proof for God's existence is usually interpreted as a metaphysical argument immune to any objections coming from empirical science. Connections to Aquinas' own historical understanding of physics and cosmology are ignored or downplayed. Nature and Nature's God proposes a natural philosophical interpretation of Aquinas' argument more sensitive to the broader context of Aquinas' work and yielding a more historically accurate account of the argument. Paradoxically, the book also shows that, on such an interpretation, Aquinas' argument is (...) not only consistent with modern science, but actually confirmed by the history of science, from classical mechanics through 19th century thermodynamics to contemporary cosmology. The first part of the book considers Aquinas' argument in its historical context, exploring the key principles that everything in motion is moved by something else and that an infinite regress of causes is impossible. The structure of the First Way is analyzed and the argument is connected both with Aquinas' Third Way-a new interpretation of which is also proposed-and Aquinas' second proof from motion in the Summa contra Gentiles. To complete the account of what natural philosophy-prior to metaphysics-can demonstrate about God, a chapter on Aquinas' teleological argument (the Fifth Way) is also included. The second part of the book tracks the history of modern science from Copernicus to today, showing how Aquinas' argument fared at each major turn. The first chapter shows how Newton's understanding of inertia and conservation of momentum supports the idea that motion cannot continue forever without God's causality, and integrates a modern understanding of inertia and gravity with the principles of Thomistic natural philosophy. The second chapter considers the first and second laws of thermodynamics, showing how they too support Aquinas' contention that motion cannot continue forever without God's causality. This chapter also discusses statistical mechanics and contemporary cosmology, demonstrating that science continues to support Aquinas' unmoved mover argument. The final chapter turns to modern biology as well as cosmological fine-tuning to show that modern science also continues to support Aquinas' teleological argument. The result is not only a satisfying defense of Aquinas' natural philosophical proofs for God's existence, but a primer on the broader project of integrating Thomistic natural philosophy with modern science. (shrink)

This essay initiates a fundamental discussion about education’s nature and character, and raises the questions: Is education reliant on other disciplines as, for example, psychology, sociology and philosophy? Or may education be thought of independently, without being reliant on other disciplines? These questions are discussed in the light of Theodor Litt’s educational reading of Hegel’s understanding of dialectics, as it appears in the book Phenomenology of Spirit, in order to support that education has a relational and dialectic nature. In (...) the second part, we connect the concept of ‘Hegelian dialectic structure’ with scientific theory. More specifically, we introduce a theoretically oriented concept, based on semantic theory construction; namely, ‘relational parameter bundles’. This concept clarifies the difference between education and other ‘scientific,’ often more empirically based disciplines, such as psychology, on which education, or rather, educational researchers, traditionally rely. Through our theoretical approach we aim to uncover fundamental differences within different disciplines’ scientific thinking, and their use of theories and models, which then manifest themselves in the discipline’s scientific assessments and practical actions. An uncritical integration of other disciplines in education may destroy the ‘true’ nature of education, and thus pose a danger to education’s character, problem areas and ways of conducting research. That does not mean that education shall be isolated from other disciplines, it is rather a question of when perspectives from other disciplines should be included in educational matters. Not before the educational questions are raised and worked through will it be appropriate to obtain knowledge from other disciplines, if, that is, it is deemed necessary based on educational judgment. (shrink)

Today's ethical theory , both utilitarian and non-ontological theories dominated. However, we found that many of its subsequent development in the evolution of those who encourage virtue ethics, feminist care theory, social contract theory and the theory of rights-based build. But usually lacking in this discussion - the teaching of ethics by the majority of it seems - is the natural law theory. Natural law theory has its very long history, starting from the Stoic school, it (...) had occupied in the outside world, a strong Anglo-American influence . But today it is still a strong defender of its existence , Joseph Bauer , and Yue Hanfen Jonas ). But in any case it does absent in most contemporary research into ethics, even when it was put in time, is often quickly oppose the theory. Why this theory is often ignored or opposed? We can give a lot of reasons. Some will mention the problem with it ought to. That is contrary to natural law where the basic claim that a person who can not be on the moral statements of a person's actual state is. Some of the attacks this theory is the theory because it is a natural, stable together on it called) natural fallacy, moral assets is a "simple "and do not be a natural thing to be defined . Some critics oppose the natural law theory because they believe that all laws are based is only the ordinary and customs, so it does not matter the existence of any universal moral law. Others argue that natural law theory assumption that there exists, but there is no reason to believe the world for such a presence. Again, some people think that today there is a widespread skepticism that regardless of this objective, universal the existence of moral standards - in other words, a standard applied to all human beings, regardless of their cultural origin or its existence in time and space. In any case, even if this standard exists, we may still ask where they come from? Can we know what they are? And we can determine their legitimacy? In this paper, Maritain's natural law philosophy as a theoretical basis for showing this philosophy of good reasons to lies. Natural law and moral philosophy to provide the philosophy of the relationship and differences between the lies. Thus natural law is natural, because it - especially its first principles, "can be as good, evil can be avoided." - The content is naturally knowable. The first principle is not innate, but it still is not wrong with the talent. We can through all of the knowledge and understanding, to explain the different knowledge of natural law, natural law is the knowledge of the process. The world as we know more, we also know more of their own; we found congenital beyond time. But the fact of moral knowledge needs to transcend time, it does not make a relationship of knowledge, and scientific knowledge that is required is some, as it is relevant. It concluded that the object of this essay have been presented in Maritain's study of natural law. Of Maritain, natural law is "a tendency to order, one can find it, and it will have to act in accordance to meet the person and the nature of the purpose of the inevitable." Considerations of such a proposal is not only a description of human behavior, also on the basis of moral action and human rights standards. Maritain accepted the idea that this law is not only associated with the human and natural to be known. He believed that his theory of knowledge and to give arguments for metaphysics, we can have a human experience consistent with natural law theory of historical perception, as is should be a bridge, and explain why the differences in the nature of moral knowledge not against natural law of reason. If we can take this route - Maritain from the plant into the road on St. Thomas Aquinas - Maritain believe we can at least respond to the majority of the criticism of natural law theory. Of course, natural law theory, there are more than epistemology and metaphysics considerations. Obviously, there are many other kinds of law related to the demand . We also need to indicate whether we know something of natural law. How can we compare Maritain's theory of natural law and other laws of nature? In particular, once popular in the eighteenth century rationalist ideas. Nevertheless, it is obvious that a complete discussion of this article, we should not totally against Maritain's theory - it should be included in today's major moral theories. (shrink)

A four dimensional approach to Newtonian physics is used to distinguish between a number of different structures for Newtonian space-time and a number of different formulations of Newtonian gravitational theory. This in turn makes possible an in-depth study of the meaning and status of Newton's Law of Inertia and a detailed comparison of the Newtonian and Einsteinian versions of the Law of Inertia and the Newtonian and Einsteinian treatments of gravitational forces. Various claims about the status of Newton's Law of (...) Inertia are critically examined including these: the Law of Inertia is not an empirical law but a definition; it is not a law simpliciter but a family of schemata; it is a convention and gravitational forces exist only by convention; it is (or is not) redundant; the concepts it embodies can be dispensed with in favor of operationally defined entities; it is unique for a given theory. More generally, the paper demonstrates the importance of space-time structure for the philosophy of space and time and provides support for a realist interpretation of space-time theories. (shrink)

This paper will draw on Hegel’s writings in Jena from 1801 to 1804, especially the fragments for a philosophy of nature from 1803-04, to explore his sustained concern with the proper configuration of a system of nature. Hegel’s earliest treatment of nature sheds light on the role of nature in the system he published over a decade later. Moreover, the earliest system illuminates two problems posed by his later philosophy of nature-the relationship of nature and spirit, and the sequence (...) and organization of his treatment of illness and death. (shrink)

In this paper I argue that differences between the ‘new moral science’ of the seventeenth century and scholastic natural law theory originated primarily from the skeptical challenge the former had to face. Pufendorf’s project of a scientia practica universalis is the paramount expression of an anti-skeptical moral science, a ‘science’ that is both explanatory and normative, but also anti-dogmatic insofar as it tries to base its laws on those basic phenomena of human life which, supposedly, are immune to skeptical (...) doubt. The main scholastic legacy to the new moral science is the dichotomy between an ‘intellectualist’ and a ‘voluntarist’ view of natural law (or between lex immanens and lex imposita). Voluntarism lies at the basis of both theological views, such as Calvinism, and political views, such as those of Hobbes and Locke. The need to counterbalance the undesirable implications of extreme voluntarism may account for much of the developments in ethics and politics during the seventeenth and eighteenth centuries.Scottish natural jurisprudence, which tried to find a middle way between skepticism and extreme voluntarism, is less secular and more empirical than received wisdom admits. There emerged, as one of its ‘accidental’ outcomes, a systematic, self-contained and empirical economic theory from the search for an empirically based normative theory of social life. The basic assumption of such a theory, namely, the notion of societal laws as embedded in trans-individual mechanisms, derives from the voluntarist view of natural law as ‘imposed’ law.Later discussions of social issues in terms of ‘economic’ and ‘ethical’ reasons originated partly from a misreading ofthe Scottish natural jurisprudential framework of economic theory. Starting with this reconstruction, I try to shed some light on recent discussions about the role of ethics in economics. (shrink)

For over a century, Hegel’s view of war is seen as controversial that results in mutually exclusive interpretations. To reach a proper evaluation of Hegel’s views, it is necessary to consider both Hegel’s initial states of philosophical doctrine about war and peace, and the development of his understanding of war from early works to mature ones. In the first part of the paper, I characterize Kant’s position on war, since it was the starting point for Hegel. Contrary to popular representations (...) about Kant as an exclusive pacifist, the philosopher of Koenigsberg had a philosophical-historical treatment of war, in which the war appeared as something sublime. However, both legal-ethical peace understanding and veto of war from the point of practical reason were not dominant in Kant’s philosophy, subordinating the sublime treatment of war. Kant’s next contemporaries could not already keep this position, emphasizing either one or the other side of war interpretation. Starting from the early writings (the paper “On the Scientific Ways of Treating Natural Law” or manuscripts “System of Ethical Life” and “The German Constitution”), Hegel stresses an ethical aspect of war and its necessity, so that the shield is arranged on the way of systems isolation and individuals atomization, and the unity in its ethical health is saved. Perpetual peace, on the contrary, leads to diseases. The statement about equality of claims and the same truthfulness of warring parties’ rights is the originality of Hegel’s view. It makes absolutely impossible the war evaluation from the point of its justice and injustice. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name (...) for threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

Hegel's early philosophical essay demonstrates the need for a pure empiricism and complete formalism in scientific endeavor.

This book makes available for the first time an English translation of William of Ockham's work on Aristotle's _Posterior Analytics_, which contains his theory of scientific demonstration and philosophy of science. John Lee Longeway also includes an extensive commentary and a detailed history of the intellectual background to Ockham's work. He puts Ockham into context by providing a scholarly account of the reception and study of the _Posterior Analytics_ in the Latin Middle Ages, with a detailed discussion of (...) Robert Grosseteste, Albert the Great, Thomas Aquinas, Duns Scotus, and Giles of Rome. In a series of appendices, Longeway includes shorter translations of some important related work by Giles of Rome and John of Cornwall. In his introductory discussion, Longeway examines the exact character of the highest sort of demonstration, the relations of the empirical sciences to mathematics, natural causation and the manner in which natural laws come to be known, the possibility of natural knowledge, our knowledge of God, and the relation of theology to the other sciences. Longeway discusses the way in which scientific epistemology and theory of demonstration corresponds to the metaphysical position of its interpreter, in particular to the Neoplatonism of Grosseteste, the radical Aristotelianism of Giles of Rome and Albert the Great, the more moderate Aristotelianism of Aquinas, and the nominalistic empiricism of Ockham. Throughout the book, Longeway makes a case for Ockham's importance as the founder of empiricism in the West. _ “The present work is the result of decades of study of Ockham's philosophy of science. The translation and commentary are introduced by a chapter in which Longeway presents an overview of Ockham's thought in this area and highlights its philosophical significance. This introduction is in its own right a significant contribution to the history of philosophy.” — Owen Goldin, Marquette University_ "Like much else in medieval philosophy, medieval theories of demonstrative knowledge are historically important, philosophically interesting, and little understood. There are a few extensive studies into medieval discussions of demonstration and even fewer translations of these important discussions. Longeway's_ Demonstration and Scientific Knowledge in William of Ockham_ is, therefore, an important contribution to the field. This work contains not only an extensive set of translations of Ockham's work on the theory of demonstration, but also a book-length introduction in which Longeway surveys the development of medieval theories of demonstration prior to Ockham and situates Ockham's discussion within that development. The book will be of value to any scholar interested in Ockham's thought as well as to anyone interested more generally in medieval discussions of demonstration, science, and epistemology." —_Susan Brower-Toland, Saint Louis University_. (shrink)

The Editor begins his Introduction to this volume by suggesting that any scholarly study of Hegel’s Philosophy of Nature that hopes to be taken seriously must confront some formidable obstacles. Expanding his discussion just a bit, I would say that there are at least three. First, thanks to a long tradition of vocal, though often uninformed, anti-Hegelian diatribe, especially in the English-speaking world, on the part of thinkers as diverse as Russell, Popper, and Whitehead, Hegel’s Philosophy of Nature has (...) been summarily dismissed on the simple grounds that he was not only ignorant of even the most basic findings and procedures of the empirical sciences of his day, but claimed to have logically “deduced” certain empirical facts and laws that were demonstrably false. Second, with the notable exception of Whitehead, most twentieth century thinkers, even if not explicitly anti-Hegelian, have tended to regard the traditional philosophical “discipline” of a Philosophy of Nature as a quaint relic of a metaphysically befuddled and happily bygone era, displaced without remainder by the logical and methodological investigations that make up the modern Philosophy of Science. Third, the dominant tradition of sympathetic scholarship on Hegel has played into the hands of the opposing party by all too often offering them a version of Hegel and his immediate predecessors as metaphysical Idealists who must, on principle, rule out of court anything which the empirical sciences might have to contribute to their philosophical projects. All the essays in this collection attempt to challenge one or more of these prejudices, thus collectively making the counter-case that Hegel’s Philosophy of Nature still has much to teach us if read in a sufficiently informed yet open-minded manner. The case is a persuasive one as it stands, although I will later suggest some additional considerations that are largely lacking in this volume. (shrink)

An overview is provided of how the concept of the thought experiment has developed and changed for the natural sciences in the course of the 20th century. First, we discuss the existing definitions of the term 'thought experiment' and the origin of the thought experimentation method, identifying it in Greek Presocratics epoch. Second, only in the end of the 19th century showed up the first systematic enquiry on thought experiments by Ernst Mach's work. After the Mach's work, a negative (...) attitude towards thought experiments came in the beginning of the 20th century, which went on until the Thomas Kuhn's and Karl Popper's work on thought experiments. Only from the mid-1980s did thought experiments begin to be considered relevant to scientific enterprise. Finally, we show the existing empirical and 'functional' theories which have developed about the nature and purpose of thought experiments. (shrink)

Hegel's Philosophy of Right presents a collection of new essays by leading international philosophers and Hegel scholars that analyze and explore Hegel's key contributions in the areas of ethics, politics, and the law. The most comprehensive collection on Hegel's Philosophy of Right available Features new essays by leading international Hegel interpreters divided in sections of ethics, politics, and law Presents significant new research on Hegel's Philosophy of Right that will set a new standard for future work (...) on the topic Introduction (Pages: 1-6) Thom Brooks Summary PDF References Request permissions Part I : Ethics CHAPTER 1 Consequentialism and Deontology in the Philosophy of Right (Pages: 7-42) Dean Moyar Summary PDF References Request permissions CHAPTER 2 The Empty Formalism Objection Revisited: §135R and Recent Kantian Responses (Pages: 43-72) Fabian Freyenhagen Summary PDF References Request permissions CHAPTER 3 On Hegel's Critique of Kant's Ethics: Beyond the Empty Formalism Objection (Pages: 73-99) Robert Stern Summary PDF References Request permissions Part II : Politics CHAPTER 4 Hegel and the Unified Theory of Punishment (Pages: 101-123) Thom Brooks Summary PDF References Request permissions CHAPTER 5 Hard Work: Hegel and the Meaning of the State in his Philosophy of Right (Pages: 124-142) Kimberly Hutchings Summary PDF References Request permissions Part II : Politics CHAPTER 6 Gender, the Family, and the Organic State in Hegel's Political Thought (Pages: 143-164) Alison Stone Summary PDF References Request permissions Part III : Law CHAPTER 7 Natural Law Internalism (Pages: 165-179) Thom Brooks Summary PDF References Request permissions CHAPTER 8 Hegel on the Relation between Law and Justice (Pages: 180-208) Alan Brudner Summary PDF References Request permissions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Wilhelm Griesinger: Psychiatry between Philosophy and PraxisKatherine Arens (bio)AbstractThis essay discusses Wilhelm Griesinger’s seminal work on mental illness, Mental Pathology and Therapeutics (1867, trans. 1882), in the context of transcendental idealism, as an outgrowth of the work of Kant, Herbart, and Hegel. Griesinger drew on an adaptation of Hegel’s dialectical model of history and science to offer both a new way to interpret mental illness as a product of (...) an individual’s long-term interactions with both nature and culture and a new norm for therapeutic practice based on the patient’s role in his community and history.Mental Pathology and Therapeutics rests on Griesinger’s adaptation of the Hegelian dialectic to the context of pragmatic science, first by adopting its model of the mind, then by describing the etiology of mental disease and a taxonomy of its forms. Griesinger’s work thus stands in a largely unacknowledged tradition alive as late as Sigmund Freud and Jacques Lacan.KeywordsGriesinger, history of psychiatry/psychology, idealism, Hegel, dialecticIn the nineteenth century, Wilhelm Griesinger (1817–68) emerged as a leader in a range of fields: modern-day psychiatric clinical practice, neuropathology, and diagnostics of mental diseases. 1 Griesinger was a theoretician, a clinician, a textbook author, and the founding editor of major professional organs in his field during the political and social ferment in the German-speaking world that allowed new, more socially responsible institutional practices to be considered by intellectual communities. As a consequence of 1849 German civil reforms, theory and practice became mutually enlightening, actually allowing Griesinger to implement his theories into concrete institutional reforms in the German mental health system.Wilhelm Griesinger’s education and career were in many ways typical for his generation. He enrolled at the University of Tübingen in 1834 as a medical student; there, he became politically active (as a member of a forbidden fraternity), and, like many of his contemporaries, became familiar with Hegelian philosophy. After holding several private positions, he was appointed an associate professor (ausserordentlicher Professor) for pathology, “materia medica” and history of medicine at Tübingen in 1847. In 1848, he was called to Kiel; in 1850, to Egypt. Tübingen reappointed him as a full professor for clinical medicine and head of the university clinic in 1854. By 1860, he had moved to Zurich in a professorship for the medical clinic, where, starting in 1863, he was a key person in the planning of a new clinic for mental diseases—the Burghölzli, where Jung later worked. By 1865, he went to Berlin, as director of the Charité (mental institution), among other positions, and he wrote extensively about reform in asylum practice until his premature death in 1868.To a degree, the eminence of this career is contradicted today by his reputation. Contemporary wisdom describes Griesinger as a synthesizer [End Page 147] rather than an innovator, a man who mixed medical psychology with psychology and psychiatric practice, allowing neurology to take a major role in the treatment of mental disease. 2 In one version, Griesinger simply pulled the clinic and the laboratory together, and so bridged Romanticism (i.e., speculative natural philosophy) and materialism (i.e., empirical science) while failing to effect crucial modern reforms. 3 In other descriptions, Griesinger is identified as an activist (Doerner 1981), a key player in the debates between the Hegelian left and right about the reformulation of public institutions (cf. Verwey 1985), 4 or a typical (but effective) member of the intellectual elite of his age. 5 None of these options explains the attractive or threatening aspects of his clinical practice, or suggests why a psychiatrist of his rank could have been so thoroughly refuted after his death. 6The discussion which follows will try to remedy this lack by setting Griesinger’s approach to mental illness in the context of a transformation of a model from philosophy into medical practice. Griesinger’s scientific context strongly combined philosophical theorizing and empirical practice, a synthesis that later generations tended to denigrate as a “speculative” approach to a branch of medicine that required a more empirical foundation. Drawing on an adaptation of Hegel’s dialectical model of history and... (shrink)

_Philosophy of Right_ remains among the most influential works in Western political theory. It introduces a notion of civil society that has proven of inestimable importance to diverse philosophical and social agendas. In this transcription of the lectures that formed the initial version of Hegel's text, the philosopher presents his thought with a clarity and directness seldom matched in his later writings. Nowhere does Hegel make clearer the difference between his concept of objective spirit and traditional concepts of (...) class='Hi'>natural law. Nowhere does he offer a more prominent treatment of the key notion of recognition. The long-awaited appearance of this first English-language translation of these lectures is a major event for Hegel scholars, philosophers, and political theorists. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 12.3 (2005) 239-242 [Access article in PDF] The Uses of Borrowed Knowledge: Chaos Theory and Antidepressants Stephen H. Kellert Keywords chaos, metaphor, rhetoric, values Ever since the popularization of chaos the-ory in the 1980s, there has been an explo-sion of interest in work in nonlinear dynamics generally and the study of strange attractors in particular. From law to economics to theology, researchers in the social (...) sciences and the humanities have sought to make use of the concepts, methods, and results of chaos theory. Previous generations have seen similar attempts to explore the consequences of relativity theory or quantum mechanics for their own areas of inquiry. In examining the implications of chaos for the treatment of mental illness, Douglas Heinrichs provides an example of this phenomenon, which I call "borrowed knowledge." Lacking expertise in the areas of psychotherapy or psychopharmacology, I view his suggestions as a case study in the ways that knowledge gets used across disciplinary boundaries. In these remarks, I examine some of the different functions that borrowed knowledge can serve in order to argue that although cross-disciplinary borrowing can be a fruitful source of new insights, it is not without its dangers. I look at the persuasive function that borrowed knowledge can serve in making one's ideas plausible candidates for further exploration, as well as in motivating methodological change. I look at the conceptual work performed by metaphors, paying special attention to the question of how we can judge whether or not a nonliteral use of knowledge from the natural sciences is fruitful. And finally, I look at the ways in which borrowed knowledge can be used to address evaluative questions—in this case, questions about autonomy and appropriate therapeutic practice. I do not mean for these various functions to be thought of as exclusive categories. Instead, they overlap, interact, and combine in various ways. Rhetorical Functions, Disciplinary Prestige, and Methodologic Change In examining the persuasive uses of chaos theory, I should make it clear that by "persuasive" I do not mean illegitimate or deceptive. When Heinrichs points out that what he calls the traditional model of brain function is used to [End Page 239] present and explain the use of antidepressants (ADs) to clinicians and the general public, it becomes clear that he believes an alternative model can be useful for explicating and justifying the use of ADs for clinicians and patients. This descriptive function of the metaphorical appeal to a chaotic "attractor landscape" shows up where Heinrichs discusses the use of the chaotic model for patient education and the "rationale for pharmacotherapy," giving patients "appropriate expectations."But the rhetorical functions of chaos theory also come into play with audiences other than patients; they apply to the audience for the scholarly article itself, perhaps attracting attention because of the novelty or promise of a new field of research, but also harnessing the considerable disciplinary prestige that the natural sciences wield in our culture. All of these functions are useful in directing attention to the author's suggestions for further research, especially where he suggests that it would provide the clinician with guidance in working with an individual patient. Here I take it that Heinrichs has made fruitful use of the work of Thelen and others on the variability of individual developmental trajectories. This proposal for methodological change suggests that focusing on the dynamics of system and its evolution through time may be important in addition to focusing on equilibrium states. The disciplinary prestige of the natural sciences can provide a valuable and legitimate resource for the persuasive task of encouraging one's colleagues to explore a new methodological approach.A further rhetorical use is found in the appeal to the unpredictability of chaotic systems to account for the variability of results in the application of ADs. We see this where Heinrichs says, "a meaningful science of persons is possible even in the face of their ultimate unpredictability" (2005, 221). The disciplinary prestige of the natural sciences, which in studying chaotic systems are able to achieve genuinely "scientific" status without being able... (shrink)

From the various discussions of Kant’s theoretical philosophy throughout Hegel’s works, it is not difficult to come away with the impression that Hegel thinks that the Kantian categories are derived from experience, and that the method of a “transcendental” investigation of the forms of subjectivity is nothing other than that of generalization upon observation. As early as the 1802-03 essay, Faith and Knowledge, for example, he characterizes the critical philosophy as the “completion and idealization” of Lockean “empirical psychology.” In (...) § 41 of the Encyclopedia he tells us that Kant’s systematization of the “special forms of the a priori element … of thought … is solely based upon psychological and historical grounds.” Moreover, in the Lectures on the History of Philosophy, he refers to Kant as going “psychologically,” i.e., “historically,” to work in his accounts of intuition, understanding, and reason in a manner that is “entirely empirical, and not developed out of the concept.”. (shrink)

The book explores several open questions in the philosophy of statistical mechanics. Each chapter is written by a leading expert in the field. Here is a list of some questions that are addressed in the book: 1) Boltzmann showed how the phenomenological gas laws of thermodynamics can be derived from statistical mechanics. Since classical mechanics is a deterministic theory there are no probabilities in it. Since statistical mechanics is based on classical mechanics, all the probabilities statistical mechanics talks about cannot (...) be fundamental. However, if probabilities are epistemic, how can they play a role, as they seem to do, in laws, explanation, and prediction? 2) Many physicists use the notion of typicality instead of the one of probability when discussing statistical mechanics. What is the connection between the two notions? 3) How can one extend Boltzmann’s analysis to the quantum domain, where some theories are indeterministic? 4) Boltzmann’s explanation fundamentally involves cosmology: for the explanation to go through the Big Bang needs to have had extremely low entropy. Does the fact that the Big Bang was a low entropy state imply that it was, in some sense, “highly improbable” and requires an explanation? 5) What exactly is the connection between statistical and classical mechanics? Is the one of theory reduction or there is no such thing? 6) Statistical mechanics has two main formulation: one due to Botzmann and the other due to Gibbs. What is the connection between the two formulations . (shrink)