The aim of this essay is to argue that, if a robust form of moral realism is true, then moral vagueness is ontic vagueness. The argument is by elimination: I show that neither semantic nor epistemic approaches to moral vagueness are satisfactory.

Se propone un examen crítico de la última obra de J.-L. Marion titulada, dedicada a la unión de alma y cuerpo, y cuya tesis principal es: los problemas que esta unión suscita confunden dos términos, cuerpo y mi cuerpo. Esta confusión lleva a que se apliquen al primero categorías propias del segundo. Se examinan las "paradojas ónticas" que mi cuerpo (la carne) inaugura (a); se despeja la tesis de dos interpretaciones de las meditaciones primera y sexta (b); se discute la (...) "excepción a la metafísica" instaurada por el conocimiento de mi cuerpo (c); se arriesga, siguiendo una indicación del autor, la apertura a una dimensión ética que exige examinar ya no la unión de cuerpo y alma, sino la unión por el amor a un semejante y a la comunidad de semejantes (d). The article carries out a critical examination of J.-L. Marion's latest work, "Sur la pensée passive de Descartes", whose main thesis is that the problems posed by the union of body and soul confuse two terms: body and my body. This confusion leads to the application to the former of categories inherent to the latter. The paper examines the "ontic paradoxes" that my body (the flesh) gives rise to (a); it clarifies the thesis of two interpretations of the First and Sixth Meditations (b); it discusses the "exception to metaphysics" established by the knowledge of my body (c); and, following an indication by the author, it proposes an opening to the ethical dimension, which demands an examination of the union, through love, with a fellow human being and with the community of human beings, rather than of the union of body and soul (d). Neste artigo, propõe-se um exame crítico da última obra de J.-L. Marion, intitulada "Sur la pensée passive de Descartes", dedicada à união de alma e corpo, e cuja tese principal é: os problemas que essa união suscita confundem dois termos, corpo e meu corpo. Essa confusão leva a que se apliquem ao primeiro categorias próprias do segundo. Examinam-se os "paradoxos ônticos" que meu corpo (a carne) inaugura; a tese de duas interpretações das medita ccedil;ões primeira e sexta é esclarecida; arrisca-se, seguindo uma indicação do autor, a abertura a uma dimensão ética que exige examinar já não a união de corpo e alma, mas sim a união pelo amor a um semelhante e à comunidade de semelhantes. (shrink)

In this article, I identify a distinctive form of injustice—ontic injustice—in which an individual is wronged by the very fact of being socially constructed as a member of a certain social kind. To be a member of a certain social kind is, at least in part, to be subject to certain social constraints and enablements, and these constraints and enablements can be wrongful to the individual who is subjected to them, in the sense that they inflict a moral injury. (...) The concept of ontic injustice is valuable in three main ways: it draws our attention to the role played by social kinds in enacting wrongful constraints and enablements; it clarifies our options for developing accounts of the ontology of particular social kinds, such as gender kinds; and, along with the related concept of ‘ontic oppression’, it helps us to understand and respond to oppression. (shrink)

Miriam Schoenfield argues that moral realism and moral vagueness imply ontic vagueness. In particular, she argues that neither shifty nor rigid semantic accounts of vagueness can provide a satisfactory explanation of moral vagueness for moral realists. This paper constitutes a response. I argue that Schoenfield's argument against the shifty semantic account presupposes that moral indeterminacies can, in fact, be resolved determinately by crunching through linguistic data. I provide different reasons for rejecting this assumption. Furthermore, I argue that Schoenfield's rejection (...) of the rigid semantic account is based on a presupposition that ultimately implies the very same claim that is under dispute: the vagueness of moral predicates in imperfect languages persists in the perfect language, as well. (shrink)

Given the affective psychological and cognitive dynamics prevalent during human–robot-interlocution, the vulnerability to cultural-political influences of the design aesthetics of a social humanoid robot has far-reaching ramifications. Building upon this hypothesis, I explicate the relationship between the structures of the constitution social ontology and computational semiotics, and ventures a theoretical framework which I proposes as a thesis that impels a moral responsibility on engineers of social humanoids. In distilling this thesis, the implications of the intersection between the socio-aesthetics of racialised (...) and genderised humanoids and the phenomenology of human–robot-interaction are illuminated by the figuration of the experience of a typical black rural African woman as the user, that is, an interlocutor with an industry-standard socially-situated humanlike robot. The representation of the gravity of the psycho-existential and socio-political ramifications of such woman’s life with humanoids is abstracted and posited as grounds that illustrate the imperative for roboticists to take socio-ethical considerations seriously in their designs of humanoids. (shrink)

What are the relationships between value and duty? Which ontic status has a duty and why? This article aims at clarifying these concepts. It is indicated that in Kant’s writings, we come across texts that enable a slightly different interpretation of his philosophy. And so: the ma%er of good will is the goals themselves; good will must act according to the maxim that the members of the kingdom of goals follow. And this is a moral good since the highest (...) principle of morality is the desire for autonomy of will. Thus, the form of universal legislation is a community of autonomous beings in which the humanity of each of them is realized. In such a community, the a priori content – the content of an ethical reality – is created. It can be said that relationships between people are various forms of ontic status of a duty. (shrink)

In this essay I will assume that all well-developed discussions of the authenticity of responsibility are metaphysical ones. But as I intend to make use of the notion of being at a number of crucial points, I will call responsibility ontic responsibility rather than metaphysical responsibility. If ontic responsibility should be authentic, both social responsibility and its most important particular instance, legal responsibility, will be qualified by it, and we shall not be able to capture their full meaning (...) in terms of de facto accountability. As for moral responsibility, its status will also depend upon whether or not ontic responsibility is authentic. Indeed, many readers might prefer to say that "ontic responsibility" is simply another name for moral responsibility--that the question whether we are so constituted in our ontological natures as to make accountability appropriate, just, and seemly is merely the question whether moral responsibility is authentic. But there are some grounds for thinking that ontic responsibility is a wider category and that, if it is authentic, moral responsibility is a special case of it--ontic responsibility exercised in certain well-defined and very important circumstances. It is clear, for instance, that ontic responsibility covers all acts whatsoever, or at least all acts that admit of degree of excellence, so that all our work in science, in the arts, and indeed in the entire practical-productive sphere comes under it. Thus, all Max Planck's work in science from his 1879 doctoral dissertation to his famous 1900 paper would exemplify it. But most of us would probably say that only some of the ontically responsible acts performed in the course of his scientific work were also instances of moral responsibility--perhaps only those which involved relations with other persons. At any rate, in this essay I will assume that, if ontic responsibility is authentic, moral responsibility is a special case of it. It will be clear, then, that we want the notion of ontic responsibility to function in many of the ways in which the notion of free will functions in other settings. We shall see that there is some advantage in thus avoiding that vexed notion in what follows. (shrink)

Does moral vagueness require ontic vagueness? A central challenge for nonontic treatments of moral vagueness arises from the referential stability of moral terms across small changes in how they are applied: if moral vagueness is not ontic vagueness, it’s hard to explain this referential stability. Pointing to this challenge, Miriam Schoenfield has argued that moral vagueness is ontic vagueness, at least for a moral realist. I disagree. I argue that a moral realist can use a conceptual role (...) semantics for moral terms to give a purely semantic treatment of moral vagueness. (shrink)

Are mysticism and morality compatible or at odds with one another? If mystical experience embraces a form of non-dual consciousness, then in such a state of mind, the regulative dichotomy so basic to ethical discretion would seemingly be transcended and the very foundation for ethical decisions undermined. Venturing Beyond - Law and Morality in Kabbalistic Mysticism is an investigation of the relationship of the mystical and moral as it is expressed in the particular tradition of Jewish mysticism known (...) as the Kabbalah. The particular themes discussed include the denigration of the non-Jew as the ontic other in kabbalistic anthropology and the eschatological crossing of that boundary anticipated in the instituition of religious conversion; the overcoming of the distinction between good and evil in the mystical experience of the underlying unity of all things; divine suffering and the ideal of spiritual poverty as the foundation for transmoral ethics and hypernomian lawfulness. (shrink)

The paper provides an axiological analysis of the concepts of respect for information and of information dignity from the vantage point provided by Information Ethics and the conceptual paradigm of object-oriented analysis (OOA). The general perspective adopted is that of an ontocentric approach to the philosophy of information ethics, according to which the latter is an expansion of environmental ethics towards a less biologically biased concept of a ‘centre of ethical worth’. The paper attempts to answer the following question: what (...) is the lowest possible common set of attributes which characterises something as intrinsically valuable and an object of respect, and without which something would rightly be considered intrinsically worthless or even positively unworthy and therefore rightly disrespectable in itself? The thesis developed and defended in the paper is that the minimal condition of possibility of an object’s least intrinsic worthiness can be identified with its abstract nature as an information entity. Thus, all entities, interpreted as clusters of information, have a minimal moral worth qua information objects (i.e. qua information), that deserves to be respected. The principles elaborated in the course of the analysis are those of ‘reflective respect’ (A’s respect towards all members of A’s class motivated by A’s respect towards A not qua individual, but qua instantiation of a class of entities), ‘ontic uniformity’ (A’s recognition of A’s membership to the class of information entities) and ‘ontic solidarity’ (A’s recognition of any information entity’s dignity). (shrink)

An important shift occurs in Martin Heidegger’s thinking one year after the publication of Being and Time , in the Appendix to the Metaphysical Foundations of Logic . The shift is from his project of fundamental ontology—which provides an existential analysis of human existence on an ontological level—to metontology . Metontology is a neologism that refers to the ontic sphere of human experience and to the regional ontologies that were excluded from Being and Time. It is within metontology, Heidegger (...) states, that “the question of ethics may be raised for the first time.” This paper makes explicit both Heidegger’s argument for metontology , and the relation between metontology and ethics. In examining what he means by “the art of existing,” the paper argues that there is an ethical dimension to Heidegger’s thinking that corresponds to a moderate form of moral particularism. In order to justify this position, a comparative analysis is made between Heidegger, Aristotle, and Bernard Williams. (shrink)

The book is divided into three parts. The first criticizes in some detail the various naturalistic theories as they appear in philosophy and the sciences. Thus Professor Vivas reckons with the interest theory of Santayana and R. B. Perry, the postulational theory of Charner Perry, the instrumentalist theory of Dewey, the linguistic theory of Stevenson, and again, the cultural relativity of the anthropologists and the genetic account of conscience in Freud. Once these are demolished, the second part looks for the (...) generic structure of the moral experience as focussed in the process of resolving a moral perplexity. Professor Vivas stresses the role of a hierarchically organized system of values espoused by the self which constitutes the person, and repeatedly insists on the objective or "ontic" status of the values. The person is regarded as an axiological not a psychological category; and it is only through resolving moral perplexities that a man finds out, by creating, what he is. The creative element prevents moral decision from being simply self-expression. In fact, the ethical stage, as distinguished from the moral, is characterized by the overthrow of a man's dominant values: "when we repudiate our constitutive values altogether and forge an entirely new personality, a naked, empty self must do the choosing, and how this process is possible is not at all obvious". The third part presents the rise of the ethical attitude in this second birth. Its essence lies in the absolute sanctity of the person, and Professor Vivas sees this as the answer to the conflict of values in our time. (shrink)

This paper introduces a referential reading of Kant’s practical project, according to which maxims are made morally permissible by their correspondence to objects, though not the ontic objects of Kant’s theoretical project but deontic objects (what ought to be). It illustrates this model by showing how the content of the Formula of Universal Law might be determined by what our capacity of practical reason can stand in a referential relation to, rather than by facts about what kind of beings (...) we are (viz., uncaused causes). This solves the neglected puzzle of why there are passages in Kant’s works suggesting robust analogies between mathematics and ethics, since to universalize a maxim is to test a priori whether a practical object with that particular content can be constructed. An apparent problem with this hypothesis is that the medium of practical sensibility (feeling) does not play a role analogous to the medium of theoretical sensibility (intuition). In response I distinguish two separate Kantian accounts of mathematical apriority. The thesis that maxim universalization is a species of construction, and thus a priori, turns out to be consistent with the account of apriority that informs Kant’s understanding of actual mathematical practice. (shrink)

Anthropology is the study of humanness, and the tension between cultural particularity and human universals has always enlivened the sub-discipline of ethnology. For example, efforts to show that logic and emotion vary with culture raise meta-theoretical questions of ontology and epistemology. Since the Boazian and Malinowskian revolution, however, the trend has been to delineate humanness in terms suggested by a given people, avoiding the fraught terrain of species ontology. But just as there is a global ecology, so there is a (...) global culture, seen as the sum of human intelligibilia. Linking the two is the central human problem, which evolved consciousness must solve. Critical realism offers a meta-theoretical description of the human-world relation capable of grounding both particular and comparative discussions. This paper uses a critical realist anthropology of consciousness to indicate its ethnological potential. Then by applying the result to two contemporary ethnological statements, by Kirsten Hastrup and Tim Ingold, it explores the approach's practical utility. Essentially, there must be a reality that exists independently of human consciousness, for consciousness evolved. With it emerged morality, and a morally warranted anthropological task is to accurately describe the world's structure as it impinges on any cultural mode of knowing. (shrink)

‘Epistemic exploitation occurs when privileged persons compel marginalised knowers to educate them [and others] about the nature of their oppression’ (Berenstain, 2016, p. 569). This paper scrutinizes some of the purported wrongs underpinning this practice, so that educators might be better equipped to understand and avoid or mitigate harms which may result from such interventions. First, building on the work of Berenstain and Davis (2016), we argue that when privileged persons (in this context, educators) repeatedly compel marginalised or oppressed knowers, (...) to not only to educate them, but indeed others, about the nature of their oppression, they risk subjecting them to further epistemic-moral harms. This is due to the likelihood that at least some of their audience will assign them less/more credibility than they deserve based on pre-existing identity-based prejudices. Second, though some of these requests to ‘educate’ or ‘learn more’ masquerade as seemingly virtuous or innocuous epistemic inquiries, privileged persons underestimate or remain ignorant of secondary harms which stem from internalized epistemic obligations, oppressive double-binds (Hirji, 2021), and attendant emotional burdens oppressed knowers carry in relation to the ever-present possibility of ameliorating oppressor mindsets. After surveying each context-specific harm briefly, we then turn to an applied reading of how these exploitative practices sometimes culminate in something we refer to as ‘ontic burnout’, a form of interminable explanatory fatigue brought on by repeated requests to educate the privileged about what it means to be oppressed. (shrink)

This book provides an innovative way to revisit the depth and scope of our moral/post-moral worldviews, while undertaking an ontic reflection about organizational life. The ontic dimension of life refers to existing entities’ lived experiences. It has nothing to do with psychological and relational processes. The ontic level of analysis mirrors a philosophical outlook on organizational life. Unlike moral worldviews, post-moral worldviews oppose the existence of Truth-itself. Post-moral worldviews rather imply that dialogical relationships allow people to express (...) their own truth-claims and welcome others’ truth-claims. The purpose of this book is to explain the philosophical implications of moral and post-moral worldviews and the way to move from a moral to a post-moral worldview. Moreover, this book explores the possibility to transcend the moral/post-moral dualism, through moral deliberation processes and a reinterpretation of the Presence of the Infinite in all dimensions of human life. This book could eventually help to better grasp the basic philosophical challenges behind ethical reflection about organizational issues. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Love Thy Neighbor as Thyself, and: Maimonides and His HeritageLouis E. NewmanLove Thy Neighbor as Thyself Lenn E. Goodman New York: Oxford, 2008. 235 pp. $55.00.Maimonides and His Heritage Edited by Idit Dobbs-Weinstein, Lenn E. Goodman, and James Allen Grady Albany: SUNY, 2009. $24.95.Perhaps no principle is more central to Western religious ethics than that of “loving your neighbor as yourself.” It is at the heart of the (...) Hebrew Bible’s ethic [End Page 196] of caring for others, especially those most marginalized, both within and outside of the Israelite community. It is rooted in the belief that all humans are created in the divine image, and its implications extend to a myriad of specific injunctions designed to secure the rights of individuals as individuals as well as to ensure the just distribution of goods within society. It has been the subject of extended reflection by generations of Jewish and Christian philosophers (among many others), has spawned multiple versions of the Golden Rule, and has received modern philosophical expression in Kant’s categorical imperative. It should not surprise us, then, that any treatment of such a far-reaching religious–moral principle will require a scholar whose reach extends from the Bible to contemporary moral theory.Lenn Goodman demonstrates in this book that he is more than equal to the task. First given as two of the 2005 Gifford Lectures (the others that year were given by a Christian, a Muslim, and a secular philosopher), these chapters explore the ways in which love of neighbor is at the very heart of biblical ethics, as well as the theory of ethical obligation that it implies. Goodman’s erudition is on full display here as he moves easily from Aristotelian virtue ethics to medieval Jewish Bible commentators to contemporary natural law theorists.Following the long line of commentators who read “as thyself” as a gloss on “neighbor”—namely, that we love the other because she is a person, like oneself—Goodman writes that “our first obligation to one another is respect for subjecthood” (14). All other biblical injunctions with respect to moral behavior are merely corollaries of the notion that all persons are of equal worth insofar as they are equally created in God’s image and so entitled to equal consideration. Goodman takes pains to emphasize that this commandment, though, cannot be reduced to the sum total of positive injunctions; it aims to inculcate an attitude (“love”) that both motivates our moral behavior and extends its scope to encompass the infinite task of emulating God.The most philosophically interesting part of Goodman’s discussion comes in his treatment of monotheism’s contribution to ethics. After all, the command to love our neighbor is presented to us both as a command from God and as a command to love God by loving God’s creatures. How are our idea of God and our relationship with God correlated with our understanding of the nature of moral duty and the scope of moral life?As Goodman sees it, monotheism asserts that “God... is not just a judge but an ontic principle, the greatest reality, highest good and source of all goods, which are conceived as God’s work, expressions of his generosity and wisdom” (45). At the same time, he eschews any simple divine command theory of morality according to which the good is determined by God, either verbally or ontologically. For, “It’s not just that we know the right because we know God’s will. We also know God’s will because we know what is right” (51). This dialectical understanding of God and the good is best captured in Goodman’s claim that “we bring our moral notions, suasions, customs, instincts, attitudes [End Page 197] and intuition to the Law, and they enter into dialogue with what we read, informing our hermeneutic, as scripture itself and the conception of the God encountered in scripture, inform them in turn” (53).Goodman acknowledges that such a view runs headlong into the problem of divinely sanctioned mass murder (see the book of Joshua) and, most famously, the injunction to utterly destroy the Amalakites (Deut. 25:17... (shrink)

Beginning with a definition of 'ethos' as one's dwelling place and 'ethics' as the practice of that which constitutes one's 'ethos', this thesis explores the relation between the production of meaning, embodiment and difference in the philosophies of Hegel, Nietzsche and Heidegger. The aim is to explore the possibility of an ethics of sexual difference evoked by Foucault's and Derrida's re-reading of this philosophical tradition. ;The frame for my analysis is established by outlining Foucault's approach to ethics, showing how he (...) cannot account for sexual difference within his proposed aesthetics of self. The economy of difference which Derrida finds in operation under the motif of differance promises an ethics of difference which would include women. But, as he doesn't account explicitly for embodiment, Derrida has attracted the criticism that either differance is a co-option of the 'feminine' or has nothing to do with 'real-life women'. Drawing on my reading of Derrida's approach to difference, but highlighting the problem of embodiment, I return to the tradition with which Derrida and Foucault are engaged in order to locate the body of woman. ;My reading of Hegel's philosophy establishes that, for him, ethical action is based on the social constitution of the body as a sign of the self. This is drawn from his theory of the sign and his discussion of the mechanism of habit formation. I bring this reading to bear upon his discussion of 'ethical life' and sexual difference in the the Phenomenology of Spirit. ;The chapter on Nietzsche's philosophy begins with a reading of the relation between language, moral evaluation and the social constitution of the bodily self. I argue that Nietzsche's aesthetics of self is an ethics of difference pitted against a morality which assumes sameness and equality of outcome. Focusing on his notion of the 'pathos of distance' necessary for 'self-overcoming', I then locate the role of 'woman' within this ethics. ;My reading of Heidegger's early work finds that his analysis of Dasein's temporality allows for the conditions for the possibility of an ethics of difference against the normalising discourses of the 'they'. However, the distinctions he uses in this analysis are problematic as is his neglect of the question of embodiment. I bring my critique of these distinctions to Heidegger's claim that Dasein is sexually neutral and that sexual difference is an ontical 'dispersal into bodiliness and sexuality'. ;I conclude that, through their critiques of the social model of exchange between self-present individuals, all these theorists have something to offer an ethics of sexual difference. But only insofar as they do not forget the body of woman. (shrink)

How does everyday, inauthentic Dasein dominated by das Man become authentic? The aim of this article is to answer this and other questions about Dasein's authenticity by carrying out an analysis of the 'call of conscience'. This analysis, in turn, provides insights about Dasein's possibility for ethical existence. We will see that even though there are some puzzling issues in Heidegger's explanation of Dasein in its everydayness and its authenticity, the Heideggerian Existential Analytic is not 'anti-ethical' as some have claimed. (...) We will also see that the Existential Analytic's commitment to the ontic raises doubts about Heidegger's claim that the Analytic is prior to any ethics and examine how reading Being and Time as a project of 'metontology' may dissolve these doubts. Finally, the paper offers a suggestion about the importance of 'authentic historicality' in a factical account of the moral life. (shrink)

Stereotype threat is a psychological phenomenon that occurs when individuals become aware that their behavior could potentially confirm a negative stereotype. Though stereotype threat is a widely studied phenomenon in social psychology, there has been relatively little scholarship on it in philosophy, despite its relevance to issues such as implicit cognition, epistemic injustice, and diversity in philosophy. However, most psychological research on stereotype threat discusses the phenomenon by using an overly narrow picture of it, which focuses on one of its (...) effects: the ability to hinder performance. As a result, almost all philosophical work on stereotype threat is solely focused on issues of performance too. -/- Social psychologists know that stereotype threat has additional effects, such as negatively impacting individuals’ motivation, interests, long-term health, and even their sense of self, but these other effects are often downplayed, or even forgotten about. Therefore, the “standard picture” of stereotype threat needs to be expanded, in order to better understand the theoretical aspects of the phenomenon, and to develop broader, more effective interventions. This dissertation develops such an “expanded picture” of stereotype threat, which emphasizes how the phenomenon can negatively impact both self-identity and epistemic agency. In doing so, I explore the nature of stereotypes more generally and argue that they undermine groups’ moral status and contribute to what is called “ontic injustice.” I also show how stereotype threat harms members of socially subordinated groups by way of coercing their self-identity and undermining their epistemic agency, which I argue is a form of epistemic injustice. Lastly, I analyze the expanded picture’s implications for addressing the low proportion of women in professional philosophy. I critically engage recent arguments that these low numbers simply reflect different interests women have, which if innate or benign, would require no intervention. My expanded picture shows the mistakes in this sort of reasoning, which is also present in discussions on the underrepresentation of women in science. The expanded picture of stereotype threat that this dissertation develops is not only practically important, but also advances key philosophical debates in social epistemology, applied ethics, and social metaphysics. (shrink)

The text analyses various examples of moral arguments for the existence of God. Taking advantage of the ideas from the writings of Kant and his interpreters, we sought to reconstruct them logically, conferring on them a form as reliable as possible. All the arguments have been divided into three groups: practical version, theoretical version, mixed version (thought to be optimal). 1) Practical version. It starts from our desires, beliefs, obligations etc. and combines them with desires, beliefs, and obligations with regard (...) to God. There are different varieties of this version. We have discussed in more detail its deontic variety based on the assumption: ,,we should carry out the ultimate good\" (the state of happiness conditioned by virtue). Owing additional assumptions (conceptual and psychological) and corresponding simple logical operations we arrive at the conclusion: ,,we should believe that God exists.\" Reliability, however, of such a week conclusion is undermined by the ambiguous character of the statement ,,we should carry out the ultimate good.\" Rather, we should say that we are obliged to carry out moral law, and thereby expect a just reward. Faith in God is conducive to such efforts, inasmuch as they refer to the morality comprehended in a maximalist manner, justice, and happiness. 2) Theoretical version. We have pinpointed its two varieties: ,,the requirement of the lawgiver\" and ,,the requirement of justice.\" In the first variety on the basis of the existence of morality we deduce the existence of God as its ,,author,\" for no other creature has a corresponding power, moral and metaphysical, to establish (execute) universal and unconditional moral obligations. In the second variety God appears to safeguard the carrying out a just reward (punishment, inherent in morality itself) for the satisfaction (violation) of these obligations. The debate about the value of the first argument is reduced to the debate about whether morality is indeed characterized by such features whose existence cannot be explained without reference to God. The main debate connected with the second argument is whether the fact of morality entails the ontic (not only deontic) necessity of a just judgement (and its related reward or punishment) of those who are submitted to morality. 3) Mixed version. According to some varieties of the practical version, it takes on a human desire to reach the ultimate good at the point of departure. This desire, natural and right, regards the existence of this good as an indicator. Hence it is possible to transfer from the practical sphere to the theoretical one. If it is well-known that the ultimate good exists, we can ask about its cause. Reasoning - similar to the one given in the previous point - leads to a belief that God is this cause. One may doubt, however, whether our natural and right desires are always reliable indicators that their objects exist. 4) The above analyses have unveiled the assumptions and difficulties of all the versions of the family of arguments under consideration. Does this mean that the arguments are not efficient? Not in the least. This means only that they are efficient under certain conditions. These conditions, like anything in philosophy, make up the object of everlasting debates. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:From Metaphysical Representations to Aesthetic Life: Toward the Encounter with the Other in the Perspective of Daoism by Massimiliano LacertosaRenjie Li (bio)From Metaphysical Representations to Aesthetic Life: Toward the Encounter with the Other in the Perspective of Daoism. By Massimiliano Lacertosa. Albany: SUNY Press, 2023. Pp. 220, Paperback $34.95, isbn 978-1-4384-9364-0.The title of Massimiliano Lacertosa's From Metaphysical Representations to Aesthetic Life: Toward the Encounter with the Other in (...) the Perspective of Daoism clearly points to a comparison between "Metaphysical Representations" and the "Aesthetic Life," or even to a juxtaposition between two different philosophical traditions, namely, the Western and the Chinese or, more specifically, the Platonic-Cartesian and the Daoist. Attempting to reflect on philosophy per se, the author takes Daoism to be the Other that transcends Western philosophical categories. Reiterating an oft-expressed concern, Lacertosa argues that interpretations of Chinese thinking confined to Western frameworks are detrimental for a broader understanding of what philosophy can be, and are ultimately, on the part of the West, merely self-repetition. Drawing on the philosophies of Nietzsche and Heidegger, and key passages from the Daodejing 道德經 (or Laozi 老子) and the Zhuangzi 莊子, Lacertosa unpacks Western philosophy's self-reflection, and reevaluates the conceptual framework of thinking between East and West as more than a mere juxtaposition. The book consists of an introduction, five chapters, and a concise conclusion.The Introduction first clarifies the use of some key terms. For any discussion of "philosophy," the author argues, addressing what is "ethics" and "aesthetics" is a good starting point. Ethics, in Lacertosa's work, is not merely restricted to a domain of moral values. Drawing on Aristotle's understanding in the Nicomachean Ethics, the author emphasizes that ethics derives from the word ēthos (ἦθος), meaning "habit" or "custom." Resorting to Michel Foucault, Lacertosa considers the meaning of "ethics" (i.e., ēthos) as a "way of being," a certain way of acting that corresponds to one's environment (pp. 1-2). Moreover, as the author explains, "aesthetics" in his philosophical analysis distances itself from Kant's analysis of the subjective power of judgment and historical debates on theories of beauty. For Lacertosa, aesthetics means sense perception or, more specifically, an aesthetic gesture towards nature. The main concern of the book is thus to identify the relationship between ethical implications and aesthetic awareness beyond Western traditions (pp. 3-4). The Introduction closes with critical remarks on current comparative practices. Existing comparative analyses, [End Page 1] the author argues, between Western onto-theological thinking and Lao-Zhuang (i.e., Daoist) aesthetic approaches, remain highly limited and questionable due to their reliance on anthropocentric and teleological views imported from Western traditions (pp. 7-8).Chapter 1 begins by pointing out a crucial problem in comparative studies, namely, the language barrier. Lacertosa argues that translation inevitably involves misunderstandings since the meanings of concepts are deeply rooted in their native cultures. The author then goes on to show the difficulty of seeking a symmetrical translation between Indo-European languages and the Chinese language by looking at three key Daoist terms: you 有, wu 無, and dao 道. Translating them as "Being", "Non-Being", and "the Dao" respectively is, according to the author, merely self-repetition that subordinates Chinese thinking to Western metaphysics. Lacertosa suggests that dao in particular is better appreciated if understood as a process of becoming, which is also a constant process of forming and un-forming (p. 27). The implication is that any new translation or interpretation requires adequate affirmation of the otherness of other languages.Chapter 2 then turns to the more general issue of how interpretation through language shapes the way we perceive the world, as language is the most significant way to represent reality, consequently forming what Lacertosa emphasizes: one's "worldview" (p. 31). With reference to Heidegger's ontological difference, the author asserts that the worldview, or the psychology of worldviews, is ontic, since it presents itself as a specific or certain interpretation of the world, which can never be conceived as a universal ontology that considers all possibilities. This objectification of the world implies the separation of the subject and the object, because this objectification is always the... (shrink)

The claim that, in some nontrivial sense, nursing can be identified with caring has prompted a search for the philosophical foundations of care in the nursing literature. Although the ethics of care was initially associated with Gilligan's ‘different voice’, there has more recently been an attempt – led principally by Benner – to displace the gender perspective with a Heideggerian one, even if Kant is the figure to whom both Gilligan and Benner appear most irretrievably opposed. This paper represents the (...) first half of a double-edged project: initially, to point out that Heidegger explicitly disowns any ethical implications for his ontological thinking, and to argue that no ethical theory (including an ethics of care) can be derived from Being and Time; and then to argue that Kant's categorical imperative is not only compatible with the ethics of care but actively entails it. In this, Heideggerian, part of the argument, I consider three attempts to wrest an ethics from Being and Time– those of Benner, Olafson and Guignon – suggesting that, for different reasons, they all fail. Benner systematically confuses the ontological with the ontic, not recognizing that care, concern and solicitude have ‘deficient’ modes as well as positive ones, and that Heidegger's ontology retrieves the possibility of an ethics-in-general without at any point implying an ethics-in-particular (whether of care or justice). Olafson does recognize this, and to that extent admits his failure, but his efforts to amplify Heidegger's thought in such a way as to generate an ethical theory involve both the importing of Kantian premises, and an appeal to some rather doubtful empirical observations. Guignon resorts to Heidegger's discussion of authenticity, and the idea that authentic Dasein ‘may choose its hero’, suggesting a morally reassuring list of heroes who might fit the bill. However, there is nothing in Heidegger's account of this choice that justifies his confidence, and I conclude by proposing that we should take Heidegger at his word when he says that ontology has ‘no result, no effect’. (shrink)

The article presents Robert Spaemann’s position on two directly related issues: human dignity and human rights. While Spaemann spoke directly about human dignity on many occasions, he raised the question of human rights, rather incidentally, in several contexts, especially the question of human dignity, in order to indicate the adequate source of the ideas underlying these rights, its importance in our times, and to define some ways of implementing them. These issues are discussed in the article. The considerations are devoted (...) predominantly to the problem of human dignity as a “pra-phenomenon.” The issue of dignity in the ontic sense is discussed from the point of view of contemporary debates. The author also specifies how the inviolability of dignity, in both the moral and the ontic sense, should be understood, which is a problem Spaemann did not directly address. (shrink)

The article is devoted to the confrontation of two ways of human fulfillment in man’s temporal existence. For half a millennium, the two main trends have been present in the European culture: the Protestant one and the Catholic one. One of their determinants are two different principles, the observance of which is to bring about the fulfillment of man in his earthly life. These respectively are: the principle of utility and the personalistic norm. The principle of utility, although it has (...) undoubtedly practical significance, cannot be the basis for the moral qualification of a human act. On the other hand, the personalistic norm, even thought it was explicitly formulated by Karol Wojtyla, it has always been present in Christian tradition and is the foundation of Catholic ethics. Nowadays it is related to the personalistic anthropology of the human person. Although twentiethcentury personalism is a philosophy of man, it has theological justification, like the anthropology of St. Thomas Aquinas. The two principles we refer to serve as the starting point for the actual task, i.e. comparing the characteristic of the human person with the postulate of securitological sciences to protect a man against threats. The article uses the following resources: 1) the works of philosophical classics of British utilitarianism and more contemporary ones concerning its criticism, 2) the works developing personalistic thought, 3) the securitological texts ; 4) the documents of the Catholic Church. The work is analytical and comparative in nature. The two analyzed and juxtaposed solutions concern two problems, i.e. the goal and method of improving the human person and the condition of the three layers of human safety. The main research hypothesis is that there is a compliance between a high level of personal safety and personalistic anthropology, the most general interpretation of which is the personalistic norm. On the ontical level, the personalistic norm defines the concept of humanity, which immediately affects interpersonal relationships marked by love. Due to its theological justification, a high level of personal safety has its own pattern of holiness which exceeds utilitarian human calculations. (shrink)

The critiques of arguments I presented in Religia jako idolatria. Esej filozoficzny o nieuchronności elementów idolatrycznych w religii [Religion as idolatry: A philosophical essay on the inevitability of idolatrious elements in religion], authored by Błażej Gębura and Marcin Iwanicki, are fundamentally inaccurate. The main reason being that the authors of the critiques have not put forth any historical example of a religious phenomenon which was not idolatry. They only referred to logically possibly examples (it is admittedly possible to conceive of (...) an act of religious worship which would not be idolatrical), yet they did not provide the conditions which would have to be fulfilled for this act to materialize; meanwhile the primary condition would be to change the ontic and epistemic status of humans as beings capable of direct contact with God. The more detailed arguments presented by my polemicians also do not disprove the claim that it is unavoidable for religion to be idolatrical. For if God accepts all acts of worship throughout history, He should be charged with defying fundamental moral principles; it is after all difficult to accept the bloody human and animal sacrifices he received. Furthermore, “religion zero” is impossible to actualize; on one hand it is a completely private phenomenon (analogous to a private language), on the other it means knowing God in a human way (and thus is idolatrical, as even the Author of the charge admits). Similarly, an unconscious act of worship (admiration for the tallest tree in the world) is an aesthetic experience, not a religious one; a theistic interpretation of this act bears the markings of symbolic violence and reduces religious experiences to experiencing beauty. There is no doubt that ontic distance as a necessary condition of non-idolatrical religion, proposed by the polemicians, actually makes it an impossibility. Even God cannot reveal Himself to us the way He is, but instead He must adhere to our cognitive limitations and thus can only reveal Himself as a non-God. Therefore, any religious act is unavoidably idolatrical; however, contrary to the claims by my Polemicians, this is not an overuse of the term “idolatry” in relation to religious phenomena, but rather an accurate description of their nature. Despite this, one should not eliminate religion entirely form social life; as long as religious people pose no harm to others and do not attempt to force their idols onto others, they have the right to freely believe and worship them. (shrink)

In “semantic vagueness in Psychiatric Nosology,” Nicholas Tilmes offers a conditional claim for further consideration. The conditional is that “if psychiatric vagueness exists, there is reason to think that some cases of it are at least partially semantic.” From this, some conclusions worth investigating follow. In this brief commentary I will set out a question Tilmes introduces by, like him, drawing on a paper by Miriam Schoenfield, which also examines vagueness as semantic, epistemic or ontic though she draws a (...) contrasting conclusion for her subject matter: moral judgment. Highlighting a supposed contrast between semantic and ontic vagueness will also highlight an issue for... (shrink)

In psychiatry there is no sharp boundary between the normal and the pathological. Although clear cases abound, it is often indeterminate whether a particular condition does or does not qualify as a mental disorder. For example, definitions of ‘subthreshold disorders’ and of the ‘prodromal stages’ of diseases are notoriously contentious. Philosophers and linguists call concepts that lack sharp boundaries, and thus admit of borderline cases, ‘vague’. This overview chapter reviews current debates about demarcation in psychiatry against the backdrop of key (...) issues within the philosophical discussion of vagueness: Are there various kinds of vagueness? Is all vagueness representational? How does vagueness relate to epistemic uncertainty? What is the value of vagueness? Given the immense social, moral, and legal importance of demarcating the normal from the pathological in psychiatry, what are the pros and cons of gradualist approaches to mental disorders, that is, of construing boundaries as matters of degree? (shrink)

The paper argues that Information Ethics (IE) can provide a successful approach for coping with the challenges posed by our increasingly globalized reality. After a brief review of some of the most fundamental transformations brought about by the phenomenon of globalization, the article distinguishes between two ways of understanding Global Information Ethics, as an ethics of global communication or as a global-information ethics. It is then argued that cross-cultural, successful interactions among micro and macro agents call for a high level (...) of successful communication, that the latter requires a shared ontology friendly towards the implementation of moral actions, and that this is provided by IE. There follows a brief account of IE and of the ontic trust, the hypothetical pact between all agents and patients presupposed by IE. (shrink)

This paper introduces the concept of nothingness as used in classical Daoist philosophy, building upon contemporary scholarship by offering a uniquely phenomenological reading of the term. It will be argued that the Chinese word wu bears upon two planes of reality concurrently: as ontological nothingness and as ontic nonbeing. Presenting wu in this dyadic manner is essential if we wish to avoid equating it with Dao itself, as many have been wont to do; rather, wu is the mystery that (...) perpetually veils Dao while serving as the root and counter‐balance to being, and yet, Dao also imbues things with wu to the extant that their physical makeup and usefulness, or lack thereof, can be traced back to their source in Dao. This does not only mean that Daoist cosmogony and metaphysics are inherently informed by nothingness/nonbeing instead of being/beings but that it works to unground all moral and epistemological norms in play, a feat no other school of thought in ancient China could accomplish. (shrink)

Hartmann's way of conceiving what he terms "the actual ought-to-be [aktuales Seinsollen]" offers a fruitful approach to crucial issues in the phenomenology of action. The central issue to be dealt with concerns the description of the "constitution" of anticipated possibilities as projects for action. Such potentialities are termed "problematic possibilities" and are contrasted with "open possibilities" in most of the works published by Husserl as well as those published by Alfred Schutz. The description given by Alfred Schutz emphasized that the (...) projecting of possibilities is thoroughly conditioned by the agent's habitual beliefs and interests. Schutz, however left open the possibility that other factors might affect the projecting of courses of action and the choosing of one in preference to others. In particular, he left open the possibility that the agent come to take an interest in possibilities in which she had no prior interest. More recent interpretations of his position on this issue have left this possibility undiscussed or else excluded it altogether. The result has been that a sort of value nihilism (subjectivism, sociologism, lingualism, anthropologism, historicism, psychologism, etc.) came to prevail in the phenomenological description of actions. A quite parallel development occurred in interpretations of Heidegger's account of actions (of "explication [Auslegung]" in the vocabulary of Being and Time). Heidegger expressly and emphatically rejected most ways of conceiving values in discussing the forms of action (circumspection and assertion in the vocabulary of Sein und Zeit). it came quite generally to be assumed that he subscribed to some variation of nihilism regarding values despite his insistence in the "Letter on Humanism" that he meant no such thing. The literature on this subject has concentrated on Scheler's work to the complete exclusion of Hartmann's axiology — as happened in Parvis Ermad's Heidegger and the Phenomenology of Values, His Critique of Intentionality, foreword by Walter Biernel (Glen Ellyn, Illinois: Torey Press, 1981). Scheler's view entails the radical separation of ontic traits from axiotic traits, of what-is from what-ought-to-be. However, for Hartmann, the set of ontic traits that becomes actual when laws about what-ought-to-be are satisfied is identical with the set of traits that ought-to-be, Hartmann's way of conceiving the ought-to-be, the actual ought-to-be, and the three-fold structure of the finalistic nexus seems entirely compatible with Heidegger's way of thinking about actions. They are also an enlightening supplement to Schutz's description of "Choosing Among Projects of Action" (in Collected Papers 1, 67-96). That description requires that choice and action be thoroughly conditioned by psychological, social, and historical facts about the agent. However, nothing of this vital determination of actions is sacrificed when these concepts that are so central to Hartmann's "absolutism" with respect to values are introduced into the description. Their introduction provides an elaboration that Schutz himself neglected, perhaps due to pragmatic deference to biases which were prevalent then in the intellectual climate of philosophy and sociology in the U.S. Still, the transformation they bring is a significant improvement. It shows decisively that being conditioned linguistically, psychologically, socially, and historically does not enclose the choice among projects within a "Hermeneutical Circle" such as would exclude the possibility that agents be open to previously unfamiliar values. Hartmann's conception of the plurality as well as the absoluteness (or "objectivity") of primary goods allows, put in Kantian terms, that an agent may, however rarely, take an interest in possibilities such as she may never before have been interested in at all; or, put in Heideggerian terms, that she may come to care about possibilities such as have never concerned her before. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE QUEST FOR AN ADEQUATE PROPORTIONALIST THEORY OF VALUE RoNALD H. McKINNEY, S.J. U'IWversity of Scranton Scranton, Pennsylvania EDWARD VACEK shrewdly observes that proportionalism attempts to synthesize the crucial insights of both the teleologist and the deontologist.1 Indeed, Vacek provides a fine summary of this achievement. However, he reflects that the most underdeveloped feature of proportionalism is its value theory by which we are enabled to know how to (...) resolve conflict situations.2 Richard McCormick, among others, has attempted to meet this deficiency by ·adopting John Finnis' notion of associated basic goods. In this essay, I will show how such an ·approach fails to remain true to the basic aims of proportionalism. Nor should this come as a surprise, since Finnis is himself indebted to one of McCormick's archopponents, Germain Grisez. Moreover, I will attempt to outline the elements involved in a non-hierarchfoal theory of value which I will argue to be the only adequate alternative to McCormick 's attempted solution. Deontologists argue that certain acts are right or wrong regardless of the ·consequences. Proportionalists, however, are opposed to such notions as an " intrinsically evil " act or an "absolute" duty, since they recognize the existence of moral dilemmas. A moral dilemma arises whenever there is a situation in which pre-moral values •are in conflcit, i.e., whatever choice one makes will result in the omission or harm of one or other of the values at stake. According to the proportionl Edward Vacek, "Proportionalism: One View of the Debate," Theological Studies 46/2 (June, 1985), 289. 2 Va.eek, 302. 56 PROPORTIONALIST THEORY OF VALUE 57 alist reformulation of the principle of double effect, the permission or oausrution of ontic evil is not necessarily a moral evil as long as there is a proportionate reason justifying,such an action, e.g., when a father shoots an!intruder threatening to harm his family. McCormick's initial description of the requirements of proportionate reason [s ias follows: "a) a v1alue at least equal to that sacrificed is at 1 stake; b) there is no less harmful way of protecting ithe value here and now; c) the manner of its protection here and now will not undermine it in the long run." 8 McCormick argues that it simply will not do to claim that the ontic evil permitted or caused in a conflict situation is always only indirectly intended.4 For, in many instances, this simply is not true. Moreover, he would argue that to intend an end is not necess1arily to desire it as deontologists suppose. What justifies the ontic evil resulting from such actions, then, is solely the proportionate reason for which it is allowed or caused. There are some obvious criticisms that have been hurled at this proportionalist proposal for resolving conflict situations: I) that it leaves itself open to the practical, if not theoretical, difficulty of weighing different values;!2) that it results in the possibility of many resolutions that could go counter to our normal moral intuitions; 8) that there exists an inherent fallibility in the calcul,ation of long-range consequences; and 4) that this uncertainty might easliy promote an undesirable attitude of skeptical relativism. It is perhaps the onslaught of these and other criticisms which prompted McCormick to adopt Finnis' theory of associated basic goods. Lisa Cahill,argues that this new theory constitutes an "abandonment" of McCormick's prior proposal.5 To understand how this new theory leads to inevitable s Richard McCormick, ".Ambiguity in Moral Choice," Doing Evil To Achieve Good: Moral Choice in Oonfiict Situations, eds. R. McCormick and P. Ramsey (Chicago: Loyola U. Press, 1978), 45. 4 McCormick, 35-38. 5 Lisa Cahill, "Theology, Utilitarianism, and Christian Ethics," Theologica,I Studies 42/4 (Dec., 1981), 618-24. 58 RONALD H. MCKINNEY, S.J. inconsistency for McCormick, we must first examine Finnis' position itself. Finnis' Theory of Basic Goods By "value," Finnis refers to any " general form of good that oan be participated iin or realized in indefinitely many ways on indefinitely many occasions." 6 Basic values, moreover, refer to ·intrinsic goods that are desired for their own sake (NL, 62, 65). They are good not because they are... (shrink)

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

This paper is the latest in a debate with Robert Larmer as to whether the occurrence of a miracle would provide evidence for the existence of God or against the existence of God. Whereas Larmer’s view is categorical (miracles occur and are evidence for the existence of God), mine is hypothetical (if the events typically described as miracles were to occur -- although I do not believe they do -- they would be evidence against the existence of God). The reason (...) is that miracles, if they were to occur, would be ontic, epistemic, and moral evils. (shrink)

In this article, I will present a construction of a Nishitanian ethics of sympathy primarily based on passages from Nishitani Keiji’s principal work of his middle period Religion and Nothingness (Shūkyō to ha nani『宗教とは何か』). To establish the normativity of Nishitani’s concept of sympathy I will present his concept of force (chikara 力) as its basis. I will argue that the role of force has been hereto overlooked in the analysis of Nishitani’s concept of circuminsessional relations which has impaired the task (...) of constructing an ethical theory from his thought. I will primarily engage with Brett Davis’s work on circuminsessional relations to demonstrate this point, as I believe he has provided the most robust account of it thus far. After establishing this construction, I aim to elucidate the relative advantages of Nishitanian ethics of sympathy and address potential critiques. First, I will position Nishitanian ethics of sympathy as responding to Nietzsche’s critique of Schopenhauer’s morality of compassion. Nietzsche's critique is strong and that responding to him on Nishitanian grounds will be useful in demonstrating the advantages of my construction. Next, I will respond to a critique given in Peter-Hans Liederbach’s ‘Between the Ontological and the Ontic’ that accuses Nishitani’s philosophy of being unable to offer a basis for ethics. Lastly, I wish to position Nishitanian ethics of sympathy as a starting point for expanding the tradition of sympathy-based morality in East Asian philosophy. I will do this by relating Nishitani’s concept of sympathy to Justin Tiwald’s work on sympathy in Confucianism. (shrink)

With Habermas it is important to realize that one has to differentiate between moral and non-moral (a-moral) norms, which is different from what is immoral. However, since the Renaissance reflections on human freedom were caught up in the dialectic of necessity (nature) and freedom. A brief sketch is given of the development of this dialectic within modern philosophy – as it was manifested in the thought of Descartes, Hobbes, Leibniz, Locke, Berkely, Hume, Kant, Schelling, Hegel, Comte, Marxism, the Baden school (...) of neo-Kantianism (Windelband, Rickert, Weber) and existentialism (Jaspers, Merleau-Ponty). The influence of the neo-Kantian opposition of facts and values within social thought is briefly highlighted, followed by a brief characterization of the normative inclination of human beings. Then some of the problems entailed in the modern concept of freedom are analyzed in relation to the idea of autonomy. This idea is burdened by the problem that the conditions for being human have to coincide with what meets these conditions, namely the human being. In addition it is difficult to derive collective norms from the autonomy of a single individual. The alternative avenue suggested by the idea of ontic normativity will be investigated in a separate article, exploring the way towards a more integral understanding of normativity. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 323 Person and Religion: An Introduction to the Philosophy of Religion. By ZOFIA J. ZDYBICKA, U.C.J.A. Translated by Theresa Sandok. New York: Peter Lang, 1991. Pp. xix+ 397 (cloth). Zdybicka's volume is the third in Peter Lang's series, "Catholic Thought from Lublin." A convenient way to display the contents of Person and Religion is to elaborate the meaning of " philosophy of religion " and its comprising (...) terms. Philosophy of religion designates the attempt to arrive at an ultimate explanation of the empirically given and existentially apprehended fact of religion (p. 96). In other words, why does religion exist at all and what are its subjective and objective grounds? This endeavor Zdybicka understands to be a recent one. Despite a wealth of reflection on religion over the centuries (See her historical survey, pp. 1-49), only since the 19th century have there been separate disciplines with the phenomenon of religion as their object. Zdybicka also emphasizes that not any kind of philosophy is equal to the task of carrying out the above mentioned attempt. Since the ultimate explanation of religion as truth or fantasy will entail determining whether God exists, only philosophies capable of grasping the real can serve the interests of philosophy of religion. Forms of Kantianism and phenomenology are not equal to the task (p. 97). Only a realistic philosophy connected with a theory of being stands a chance of offering an ultimate explanation of religion. In particular, the metaphysics borne in mind here is that of Krapiec. Peter Lang has recently published an English translation of it under the title, Metaphysics: An Outline of the History of Being (see my review in the January issue of The Thomist.) This work is indispensable background reading for Part III of Zdybicka's volume. Though this metaphysics is existential Thomist, its employment in a philosophy of religion will not resolve the question of which religion is true, though some religions will be ruled out as unsuitable for the human being (p. 97). What is understood as "religion"? In its basic meaning the religious fact is the reference or orientation of the human being toward a transcendent reality (p. 109). Considered more closely, the religious fact is actually multiphasic. First, there is the experience of our own ontic insufficiency and the consciousness of our transcendence and search for a value capable of preserving us in being and giving us complete existential meaning. Second, there is the religious experience in its strict sense. This second phase is itself divided into three phases. First is some kind of revelation from the religious object. Zdybicka stresses that this revelation occurs through signs to which we respond in faith; there is no direct cognitive contact with the religious object. 324 BOOK REVIEWS Second, there is the active response of the one struck by this revelation. The response consists in pursuing union with the deity. This second phase involves purification. Finally, there is the realization of the bond with the sacrum. What is achieved in the human person is holiness. The book concludes (pp. 315-22) with an extended discussion of this value. In sum, the phases of the religious experience properly speaking are: encounter, dialogue, and union. Zdybicka regards religious cults and rites as simply the externalization of religious acts (p. 129). They complete the description of the religious fact. Zdybicka also takes some time to distinguish religious experience from cognitive, moral, and aesthetic experience. Finally, pp. 157-59 contain an interesting inductive argument that the object of religious experience has always been understood as personal. In Part III Zdybicka performs a philosophical assessment of the religious fact. Specifically, the assessment is of the above mentioned introductory phase. Also as mentioned, Zdybicka takes advantage of Krapiec's Gilsonian existential Thomism which has denominated "classical philosophy." This philosophy's analysis of the human person and of reality critically validates both the subjective and objective grounds for the fact of religion properly speaking. The philosophically established subjective grounds include the contingent ontic status of the human person as this is evinced in the presence of the essence/existence composition. They also include an analysis of the person's ability to know and... (shrink)

In this article, disasters as a factual reality will be discussed within the framework of Allah's justice and human responsibility on the basis of husn-qubh. In this context, the ontic structure of man and the universe, man's being in the process of being tested, the definition of good-bad/goodness-evil that enables this process, the evaluations in the literature, and the meaning of taklīf within the scope of Allah's justice (‘adl) will be discussed. The problem of evil is the problem of (...) reconciling a God who is omniscient, omnipotent, and does good deeds with a universe in which evil exists. As a problem of evil, disaster is a phenomenon that must be addressed in relation to God, the universe, and human beings. While its relation with God in terms of creation appears as the legality of the universe, its relation with human beings in terms of dealing with the phenomenon and responsibility is within the scope of being subject to the offer. Therefore, a correct understanding of creation and justification of the reasonableness of the offer will answer many questions regarding disasters. The aforementioned issues and concepts in the theological literature have been discussed thoroughly (dakīk) in the schools of theology. Theologians defined God and divine action, human beings and human actions, and the universe in accordance with the paradigm of their discourse groups, and they made discussions based on the meaning they gave to these definitions and concepts. The basic determinants of the discussions are God's possession of knowledge, power, will, wisdom, and justice, and the creation of human beings in the nature of reason (‘akl). These concepts and definitions have been understood differently by the discourse groups, and the debates have moved back and forth between determination/compulsion and free will. It makes sense here that a person who experiences the phenomenon and wants to know what is happening theologically should know the Qur'anic conception of God and man. The relationship between God and man needs to be right and moral. Therefore, it is necessary to evaluate the topics that have been studied many times in terms of each concept together. In this respect, the article aims to seek answers to some questions about the human profile and the conception of Allah. There are three aspects to be questioned here: First, an ontological inquiry into the nature of the concepts of existence that contain moral value; second, an epistemological inquiry into whether moral value is determined by reason or revelation. In this context, the last inquiry is moral. Accordingly, what is good-bad and goodness-evil? What determines good and evil as a value? Who is the agent of the good-evil action? What is the position of the divine will if the perpetrator (fā‘ıl) is human? What is the relationship or boundary between divine will and human responsibility? What is the theological status of the perpetrator? On this basis, what is a disaster? What is the value judgment of disasters? What is the relation of disasters to God's actions? Who is the perpetrator of disasters? Are disasters a test? Are disasters a divine warning? Are disasters a divine punishment? If they are a divine punishment, what is the possibility of knowing it? These questions will be answered in the article, sometimes explicitly and sometimes implicitly. (shrink)

Listening Music Listening to an art of music’s work! Something important happens to us. Why? Because our soul is touched and moved at its deepest levels. In contact with music, a spiritual tumult invades our entire being; and we are revealed to ourselves in a new and previously unknown way. Face to face with the harmonious sounds – giving music the status of an artistic “text” – we find opportunities – maybe the best possible – to unfold our unique capacity (...) to participate in, understand and even interpret life’s expanse. We put ourselves in the state of better self-knowledge and comprehension, by that hermeneutic polarity of “proximity and detachment” – according to Paul Ricoeur 2 . When we listen to music, each of us gives ourselves the chance to live the “absolute moment” – meaning, “at the same time, self-denial and self-mediation”. Everything that tears one away from anything restores the whole of totality of ‘being’, the subject installs himself in the profundity of “meaning’s continuity” 3 . In listening to music, the human being experiences universal communication, reaching the root of the major ethical truth of life – some of the “Logos of Life”, the center-concept in Phenomenology of Life elaborated by AnnaTeresa Tymieniecka 4 . “Two plans”: the “first” and the “second” – using Nicolai Hartmann’s aesthetical terms – are working together, in the accomplishment of musical art within the intuition and comprehension process to create a unitary view of this complex phenomenon. Through contact with an audio-sensitive matter, the listener deciphers a spiritual content molded into an artistic form. This content, its sense, and the force by which a musical work preserves and increases its identity over time are revealed through examination of the “relation between these plans”, through analysis of the whole musical experience in their “pure inner, autonomous connection” 5 . So we can speak about the relation between the material elements of the structure of musical language and what is “unreal” behind the spiritual elements of the plan. Hence, a question comes into profile: What is the reason for music’s life? What is its genesis, development, strength; actually, its undoubted value throughout its evolution over the millennia? We maintain that the ethos constitutes its great existence; the ethos – “rather than the eidos”, speaking in terms of Anna-Teresa Tymieniecka , which assures even the “ontic-ontological” differentiation . In discussion is the intimate relation between manifestation, external phenomenally, and intelligibility, internal foundation, essence. Beyond the empirical domain, that of the organized sounds in melody, harmony, and rhythm, let us examine the substratum of interiority within which a plenitude of ethical values makes their home. Consequently, we set up a new concept: the meloethics 7 - a complex philosophical construct, a structural-dynamical unity of the components : ‘mélos’ / ‘ ’ = song, melody; by extension: music; and ‘èthiké’ / ‘ ’ = moral, which belongs to ethics; herein, the system of moral values. (shrink)

Vague expressions are omnipresent in natural language. As such, their use in legal texts is virtually inevitable. If a law contains vague terms, the question whether it applies to a particular case often lacks a clear answer. One of the fundamental pillars of the rule of law is legal certainty. The determinacy of the law enables people to use it as a guide and places judges in the position to decide impartially. Vagueness poses a threat to these ideals. In borderline (...) cases, the law seems to be indeterminate and thus incapable of serving its core rule of law value. -/- In the philosophy of language, vagueness has become one of the hottest topics of the last two decades. Linguists and philosophers have investigated what distinguishes "soritical " vagueness from other kinds of linguistic indeterminacy, such as ambiguity, generality, open texture, and family resemblance concepts. There is a vast literature that discusses the logical, semantic, pragmatic, and epistemic aspects of these phenomena. Legal theory has hitherto paid little attention to the differences between the various kinds of linguistic indeterminacy that are grouped under the heading of "vagueness ", let alone to the various theories that try to account for these phenomena. -/- Bringing together leading scholars working on the topic of vagueness in philosophy and in law, this book fosters a dialogue between philosophers and legal scholars by examining how philosophers conceive vagueness in law from their theoretical perspective and how legal theorists make use of philosophical theories of vagueness. The chapters of the book are organized into three parts. The first part addresses the import of different theories of vagueness for the law, referring to a wide range of theories from supervaluationist to contextualist and semantic realist accounts in order to address the question of whether the law can learn from engaging with philosophical discussions of vagueness. The second part of the book examines different vagueness phenomena. The contributions in part 2 suggest that the greater awareness to different vagueness phenomena can make lawyers aware of specific issues and solutions so far overlooked. The third part deals with the pragmatic aspects of vagueness in law, providing answers to the question of how to deal with vagueness in law and with the professional, political, moral, and ethical issues such vagueness gives rise to. (shrink)

Martin Heidegger’s existential account of care in _Being and Time_ (2010) provides us with an opportunity to reimagine what the proper theoretical grounding of an ethic of care might be. Heidegger’s account of care serves to deconstruct the two primary foundations that an ethic of care is often based upon. Namely, that we are inevitably interdependent upon one another and/or possess an innate disposition to care for fellow humans in need. Heidegger’s account reveals that both positions are founded upon an (...) ontic (meaning factual existence), as opposed to an ontological (which refers to the nature of being), understanding of care. The distinctions between an ontic and ontological understanding of care are significant. Yet, I maintain that they are not completely incompatible. Both Heidegger and care ethicists contend that our existence with others is understood through a relational ontology. Furthermore, there are certain ontological structures from Heidegger which resonate with an ethic of care. Two key existential structures are leaping-ahead and being-guilty. These existential structures are latent in care ethics, and by explicitly revealing them I reinforce the connection between Heidegger’s account and care theory. Lastly, I develop the theoretical foundations of care ethics by proposing an existential ethic of care. (shrink)

Fifteen years after the first edition of this comprehensive work, German historicism remains largely and conspicuously in the shadows. The great historico-philological and historico-sociological work produced by, and on the fringes of, this school has given way to specialization. Great polygraphs of the caliber of a Meinecke, a Vossler, a Curtius, a Cassirer, a Croce, or an Auerbach seem to have completely disappeared from the scene. But is the necessity for cultural synthesis that these men stressed any less urgent today (...) than before? One of the major tasks envisioned by thinkers of the early twentieth century was the development of a philosophical anthropology which would consolidate all the preceding work of cultural synthesis. Today this task remains in the far horizon after a series of distinguished but discontinuous achievements. Thus the reappearance of the ambitious work of Professor Rossi is a welcome event. There are now indications that sociology is moving away from the neutral functionalism of the consensus years and is beginning to show some interest in the subconscious and in concrete constellations of values representative of communal forms of consciousness in a situation. Post-industrial society can no longer be examined with the rough tools of micro- or even macro-analysis. Because of their refinements in quantification and their awareness of the most specific features of every particular form of group consciousness, the new middle range methods are akin to the synthetic spirit of the historical school. As middle range research progresses, its results can provide the ontic ground for an ontology of the human condition in its adjustment to the world, and in its communicative-transcendent goals. For this reason, Rossi’s work, though excellent in its expository aspects should be read with care to avoid overemphasizing, as he does, the distance between rationalism and irrationalism that was apparent in the main tendencies of the historical school. Surely it is a worthwhile thing to show the tensions between the relativists such as Simmel and Spengler, the intuitionists such as Windelband and Rickert, and finally the neo-idealists such as Troeltsch and Meinecke. The tension that pulled apart these intellectual currents shows by contrast the great synthetic force operative in the systems of Dilthey and Weber, which provided the dominant inspiration for the whole school. But the fundamental perspective in today’s reconsideration of historicism need not be the tempering of any search for ideals through the insistence on sober methodological limits. A more fruitful emphasis can be placed today on action as a mediator between thought and adjustment, on community as a mediator between society and individuals, and most of all on expression and adventure as mediators between survival and moral absolutes. With his neo-Kantian insistence on the historical method, on the discovery of the historical horizon of the human condition, and on the establishment of the institutional connections within historical periods, Professor Rossi: a) misses the point of the anti-mechanistic efforts of modern philosophy, i.e., the constitution of synthetic a priori judgments in their true home grounds, the field of spontaneous human communication and action; b) restricts the ability on the part of the historical method to penetrate and elucidate the areas of the unconscious and of passive syntheses ; c) both presupposes and trivializes the definition of freedom. Freedom in Rossi’s interpretation of historicism, seems to result from the objective displacement of values, rather than from the dramatic insufficiency of every finite person as it transpires in the highest forms of symbolic communication and interaction.—A. M. (shrink)

The hermeneutical tradition represented by Yorck, Heidegger, and Gadamer has distrusted Dilthey as suffering from the two sins of modernism: scientific “positivism” and individualistic and aesthetic “romanticism.” On the one hand, Dilthey’s epistemology is deemed scientistic in accepting the priority of the empirical, the ontic, and consequently scientific inquiry into the physical, biological, and human worlds; on the other hand, his personalist ethos and Goethean humanism, and his pluralistic life- and worldview philosophy are considered excessively aesthetic, culturally liberal, relativistic, (...) and subjective. This essay involves two tasks in response to this negative evaluation of Dilthey that has shaped our current understanding of his philosophical project; first, an interpretation of the issues at stake in Heidegger’s reception of and struggles with Dilthey. These issues touch upon language, historicity, and the nature of hermeneutics. Second, by pursuing this task in light of Guignon’s interpretation of Dilthey and Heidegger, I hope to question and challenge the “overcoming” of Dilthey’s epistemic and life-philosophical hermeneutics in the “ontological” or “philosophical” hermeneutics of Heidegger. (shrink)

I defend normative subjectivism against the charge that believing in it undermines the functional role of normative judgment. In particular, I defend it against the claim that believing that our reasons change from context to context is problematic for our use of normative judgments. To do so, I distinguish two senses of normative universality and normative reasons---evaluative universality and reasons and ontic universality and reasons. The former captures how even subjectivists can evaluate the actions of those subscribing to other (...) conventions; the latter explicates how their reasons differ from ours. I then show that four aspects of the functional role of normativity---evaluation of our and others actions and reasons, normative communication, hypothetical planning, and evaluating counternromative conditionals---at most requires our normative systems being evaluatively universal. Yet reasonable subjectivist positions need not deny evaluative universality. (shrink)

Este trabajo se ocupa de algunas ideas éticas del filósofo latinoamericano Andrés Bello (1781-1865), en especial de su “teoría de los sentimientos morales”. En la polémica del siglo XIX entre el llamado racionalismo ético (representado por Théodore Jouffroy) y el utilitarismo (Bentham), Bello adopta una postura intermedia, que pudiera calificarse de “hedonismo moderado” o de “eudemonismo”. Sus puntos de vista sobre la motivación moral o la manera en que la razón y el sentimiento se entrelazan para formar nuestras creencias morales, (...) se revelan como muy próximos a las doctrinas de Aristóteles y de algunos autores contemporáneos. (shrink)

Challenges to Legal Theory offers the reader a fascinating journey though a variety of multi-disciplinary topics, ranging from law and literature, and law and religion, to legal philosophy and constitutional law. The collection reflects some of the challenges that the field of legal theory currently faces. It is compiled by a selection of international and Spanish scholars, whose essays are made available in English translation for the first time. The volume is based on a collection of essays, published in Spanish, (...) in honour of Professor José Iturmendi Morales, of Complutense University, Madrid, and brings the rich scholarship of pre-eminent Spanish scholars of law and legal theory to an international audience. (shrink)