The relativist position on knowledge is summarized by Protagoras’ phrase “Man is the measure of all things”. Protagoras’ detractors countered that there was no reason for his pupils to employ him since, by his own admission, his lessons lacked privilege. This the educationist’s relativist paradox. The Enlightenment tradition of Descartes, Locke and Kant solved this paradox by distinguishing given objective knowledge from constructed subjective knowledge, but this position has itself been discredited by the work of Sellars, Quine and many other (...) thinkers. Because the Enlightenment solution to the educationist’s relativist paradox is no longer satisfactory, an alternative solution to this paradox is proposed. This alternative re-examines both the basis of empiricism and the role and origins of language, and introduces the concepts of triggered hallucinations, cognitive evolutionary pressure, and cognitive empathetic resonance. Cognitive empathetic resonance provides a mechanism that can explain how our thoughts and actions are made possible by language; it is language that acts as a creative and generative force and helps us to live in the world we do. This approach inverts the empiricist claim that ideas start off grounded in an external reality and develop into more sophisticated concepts. The view of ideas presented here is that ideas are free-floating and, if they are grounded at all, are grounded as an active post-hoc process. The conclusion is that although facts do exist and are privileged, this is not because they are ‘given’ but because they are the ante required to join a space of discourse. (shrink)

This volume features work on learning by researchers in various disciplines who share an interest in the systematic study of cognition and in the study of the formal and semantic aspects of language acquisition. A recurring theme is that language learning involves the acquisition of certain competencies and the formation of a system of beliefs which are significantly underdetermined by the linguistic and nonlinguistic inputs available to the learner. Theories of language learning must confront the epistemological problem of (...) how it is possible to induce and fixate a belief-system on the basis of exposure to limited data. A typical strategy in dealing with this problem has been to specify various types of formal and empirical constraints on linguistic and conceptual development in terms of specific hypotheses about the character of what is learned and about the kinds of resources and strategies available to the learner. Most of the contributions in this volume are concerned with the specification and evaluation of such constraints. (shrink)

In recent years, neologicists have demonstrated that Hume's principle, based on the one-to-one correspondence relation, suffices to construct the natural numbers. This formal work is shown to be relevant for empirical research on mathematical cognition. I give a hypothetical account of how nonnumerate societies may acquire arithmetical knowledge on the basis of the one-to-one correspondence relation only, whereby the acquisition of number concepts need not rely on enumeration (the stable-order principle). The existing empirical data on the role of (...) the one-to-one correspondence relation for numerical abilities is assessed and additional empirical tests are proposed. In the final part, it is argued that the fact that the successor relation and the one-to-one correspondence relation can play independent roles in number concept acquisition may be a complication for testing the Whorfian hypothesis. (shrink)

The central attempt of this paper is to explain the underlying intuitions of Frank Jackson’s “Knowledge Argument” that the epistemic gap between phenomenal knowledge and physical knowledge points towards a corresponding ontological gap. The first step of my analysis is the claim that qualia are epistemically special because the acquisition of the phenomenal concept of a quale x requires the experience of x. Arguing what is so special about phenomenal concepts and pointing at the inherence-relation with the qualia (...) they pick out, I give compelling reasons for the existence of ontologically distinct entities. Finally I conclude that phenomenal knowledge is caused by phenomenal properties and the instantiation of these properties is a specific phenomenal fact, which can not be mediated by any form of descriptive information. So it will be shown that phenomenal knowledge must count as the possession of very special information necessarily couched in subjective, phenomenal conceptions. (shrink)

This thesis aims to develop a psychologically plausible account of concepts by integrating key insights from philosophy (on the metaphysical basis for concept possession) and psychology (on the mechanisms underlying concept acquisition). I adopt an approach known as informational atomism, developed by Jerry Fodor. Informational atomism is the conjunction of two theses: (i) informational semantics, according to which conceptual content is constituted exhaustively by nomological mind–world relations; and (ii) conceptual atomism, according to which (lexical) concepts have (...) no internal structure. I argue that informational semantics needs to be supplemented by allowing content-constitutive rules of inference (“meaning postulates”). This is because the content of one important class of concepts, the logical terms, is not plausibly informational. And since, it is argued, no principled distinction can be drawn between logical concepts and the rest, the problem that this raises is a general one. An immediate difficulty is that Quine’s classic arguments against the analytic/synthetic distinction suggest that there can be no principled basis for distinguishing content-constitutive rules from the rest. I show that this concern can be overcome by taking a psychological approach: there is a fact of the matter as to whether or not a particular inference is governed by a mentally-represented inference rule, albeit one that analytic philosophy does not have the resources to determine. I then consider the implications of this approach for concept acquisition. One mechanism underlying concept acquisition is the development of perceptual detectors for the objects that we encounter. I investigate how this might work, by drawing on recent ideas in ethology on ‘learning instincts’, and recent insights into the neurological basis for perceptual learning. What emerges is a view of concept acquisition as involving a complex interplay between innate constraints and environmental input. This supports Fodor’s recent move away from radical concept nativism: concept acquisition requires innate mechanisms, but does not require that concepts themselves be innate. (shrink)

This paper is about comparison and appraisal of Ken Wilber’s theory of the “three components or strands of knowledge” set forth especially in his Eye to Eye and Mark Edwards’s “Integral Cycle of Knowledge” which attempts through its critique to integrate Wilber’s developmental and epistemological models. Realizing the problem of today’s scientism, Wilber introduces the concepts of the “three eyes”—the eye of flesh, of reason, and of contemplation—thusconceiving science in a broad sense. Then in order to secure verification of the (...) knowledge he proposes the three basic components of knowledge acquisition: 1. instrumental injunction 2 Intuitive apprehension 3. Communal confirmation. In his essay, “The Integral Cycle of Knowledge,” Mark Edwards then points out themissing of an interpretive component and then he proceeds to form his own Integral Cycle of Knowledge by adding the component. Hen then integrates it into Wilber’s 4-quadrants framework as follows: UR: Injunctive strand → UL: Apprehensive strand → LL: Interpretive strand → LR: Validative strand. Their attempts to provide a solid epistemological basis to their Integral Theory are really laudable. However, they do not seem to have sufficiently reflected the intense debates surrounding especially justification or validation. According to them in spite of development in securing epistemological justification no complete answer has been found out. Moreover, the type of communal validation is scarcely seen at least among the viable alternatives the philosophers are seeking. Thus somethinginternal or externally related to truth that would eliminate or minimize the possibility of falsehood needs to be added to the validative component. If a balance is recovered among spirituality, science, and philosophy in this way, it would be of a great benefit to respective discipline. (shrink)

Jerry Fodor has argued that concept acquisition cannot be a psychological or “rational-causal” process, but can only be a “brute-causal” process of acquisition. This position generates the “doorknob  DOORKNOB” problem: why are concepts typically acquired on the basis of experience with items in their extensions? I argue that Fodor’s taxonomy of causal processes needs supplementation, and characterize a third type: what I call “intelligible-causal processes.” Armed with this new category I present what I regard as (...) a better response than Fodor’s to the doorknob  DOORKNOB problem. (shrink)

In this paper, I present the case of the discovery of complex numbers by Girolamo Cardano. Cardano acquires the concepts of (specific) complex numbers, complex addition, and complex multiplication. His understanding of these concepts is incomplete. I show that his acquisition of these concepts cannot be explained on the basis of Christopher Peacocke’s Conceptual Role Theory of concept possession. I argue that Strong Conceptual Role Theories that are committed to specifying a set of transitions that is both (...) necessary and sufficient for possession of mathematical concepts will always face counterexamples of the kind illustrated by Cardano. I close by suggesting that we should rely more heavily on resources of Anti-Individualism as a framework for understanding the acquisition and possession of concepts of abstract subject matters. (shrink)

The acquisition of genetic information (GI) confronts both the affected individuals and healthcare providers with difficult, ambivalent decisions. Genetic responsibility (GR) has become a key concept in both ethical and socioempirical literature addressing how and by whom decision-making with respect to the morality of GI is approached. However, despite its prominence, the precise meaning of the concept of GR remains vague. Therefore, we conducted a systematic literature review on the usage of the concept of GR in (...) qualitative, socioempirical studies, to identify the main interpretations and to provide conceptual clarification. The review identified 75 studies with primarily an Anglo-American setting. The studies focused on several agents: the individual, the family, the parent, the healthcare professional, and the institution and refer to the concept of GR on the basis of either a rational/principle-oriented approach or an affective/relational approach. A subtype of the rational/principle-oriented approach is the reactive approach. The review shows how the concept of GR is useful for analyzing and theorizing about socioempirical findings within qualitative socioempirical studies and also reveals conceptual deficits in terms of insufficient theoretical accuracy and heterogeneity, and in the rarity of reflection on cultural variance. The vagueness and multiplicity of meanings for GR in socioempirical studies can be avoided by more normative-theoretical explication of the underlying premises. This would provide a higher degree of differentiation of empirical findings. Thereby, the complex findings associated with the individual and social implications of genetic testing in empirical studies can be better addressed from a theoretical point of view and can subsequently have a stronger impact on normative and policy debates. (shrink)

Concepts are highly theoretical entities. One cannot study them empirically without committing oneself to substantial preliminary assumptions. Among the competing theories of concepts and categorization developed by psychologists in the last thirty years, the implicit theoretical assumption that what falls under a concept is determined by description () has never been seriously challenged. I present a nondescriptionist theory of our most basic concepts, which include (1) stuffs (gold, milk), (2) real kinds (cat, chair), and (3) individuals (Mama, Bill Clinton, (...) the Empire State Building). On the basis of something important that all three have in common, our earliest and most basic concepts of substances are identical in structure. The membership of the category like that of is a natural unit in nature, to which the concept does something like pointing, and continues to point despite large changes in the properties the thinker represents the unit as having. For example, large changes can occur in the way a child identifies cats and the things it is willing to call without affecting the extension of its word The difficulty is to cash in the metaphor of in this context. Having substance concepts need not depend on knowing words, but language interacts with substance concepts, completely transforming the conceptual repertoire. I will discuss how public language plays a crucial role in both the acquisition of substance concepts and their completed structure. (shrink)

"Spiritual well-being" was coined in 1971 and has since become a popular concept in modern psychology studies. Multidimensional investigations covering the concept's structure, theoretical foundations, interaction areas, and development, on the other hand, have been limited. In response to this scarcity, the research aims to examine the concept of "spiritual well-being" from all of these perspectives. It also seeks to provide a new definition of "spiritual well-being." Another contribution of the study to the "spiritual well-being" literature is (...) that it attempts to explain the framework and theoretical basis of the term. This study was mostly based on an analysis of relevant literature. Literature data on how the thought began and developed were gathered for this purpose. The semantical relationship between "well-being" and "spirituality" is investigated. Following that, the concept's content, areas of interaction, approaches, and theoretical foundations with which it is closely associated were defined as well as the concept's relationship with spirituality was stressed. Some works in the subject's literature have also been analytically evaluated, with a particular emphasis on their contributions to the enhanced relationship of "spiritual well-being" with other domains, as well as the conceptualization process of it. The research findings characterize spiritual well-being as the acquisition of well-being from spiritual areas to which individuals related. The contributions of spirituality to "well-being" underline the significance of "spiritual well-being" in the Psychology of Religion. "Spiritual well-being" is a concept used to determine the original reflections and good effects of these contributions on individuals, as well as to measure various types of "well-being.". (shrink)

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 40.4 (2006) 39-50 MuseSearchJournalsThis JournalContents[Access article in PDF]The Acquisitive AttitudeDavid E. W. FennerAt my university, a small regional university in the south, I teach many "general education" courses in philosophy. The majority of freshmen and sophomores who populate these courses have never seen a dance performance, an opera, a symphony, or a stage play. Many have never been to an art gallery. At this (...) small university we have an active gallery; 1 besides the student and faculty shows each year, we can count on at least a half dozen other exhibitions, either single-artist shows or thematic compilations. Except when prepping for an upcoming show, the gallery is never closed. This means there are ample occasions for me to take my general education students for a visit to the gallery. In preparing them for our little field trip, I try to find a balance between two things. On the one hand, I want to leave the occasion open-ended to promote whatever sorts of personal experiences they may have in connection with viewing the artworks; the idea that they may come out of the gallery thinking this was yet one more meaningless academic exercise they had to endure makes me physically ill (so great is my passion for this opportunity to introduce them to their first art gallery experience). On the other hand, without any structure, many students will walk through the space at a brisk pace and exit quickly. This again would be a serious failure. Therefore, I give them an assignment for their visit, one that is meant to spotlight their potential enjoyment of the gallery while at the same time engaging them critically. The assignment is simple: "choose your favorite piece and be prepared to give some reasons for why this piece is better than the rest; and choose your least favorite piece and be prepared to offer some reasons for why this piece is worse than the rest." The reasons that I get back, in support of both of their judgments, frequently turn on traditional things like the representational quality of the (mimetic) work, the emotional content—either expressed or inspired—and formal considerations like balance and elegance. The conflation between identifying artistic [End Page 39] merit and their own, perhaps fairly naive, reactions is something I do not worry about at this level. This conflation may be warranted in certain theories of artistic worth—and it is something I am sympathetic to—but the real point is to encourage in the students a connection between enjoyment of the experience of viewing art and viewing it with a critical eye. If I can introduce just that one concept, the field trip has been a success. I can build on that later.I take a "critical thinking" approach to art criticism. I believe that the evaluative aspects of art criticism essentially have to do with advancing claims for which arguments and evidence can be offered. If critical thinking means seeking out and being able to advance reasons for the adoption or holding of a position, and this requires the logical skills involved with correct argument formulation and the epistemic skills involved with quality evidence gathering, then art criticism is essentially critical thinking applied to a certain content: art. Art evaluation happens in two arenas. First, there are issues of context and issues of subjectivity (Where did this work come from? Who did it? How does this work relate to other works and other times? How does this work connect to values other than purely aesthetic—or, better, artistic—ones, such as moral ones?). The effects of these sorts of considerations are relative to the viewer, her access and attention to information about the work, and the experience of viewing. The second arena is the one internal to the work itself. This is the formalist arena. Advancing a claim concerning the work's possession of a certain aesthetic feature generally takes the form of evidencing that possession on the basis of the work's possession of certain nonaesthetic, or... (shrink)

Debating on Second Language Acquisition is not merely in terms of concept but also the real phenomena which postulate each research result. It needs more investigation on SLA due to the various realities on how children and adults acquire and learn any language. This research aims to describe how children and adults acquire and learn their first and second language. Participants consisted of children and adults whose ages determined by the researcher based on the purposive sampling technique. They (...) were all six persons and chosen based on certain characteristics. Content analysis technique was applied in order to analyze all data gained. The result showed that since human alive inside mother’s womb especially at up to the age of three months, a fetus has tried to acquire sounds subconsciously. Language proficiency is really determined by three factors of Phased Process Approach namely Subconscious Acquisition, Conscious Acquisition, and Learning. The ideal time for learning something is begun from the age of 2 or 3 years old, by the fact that children have had the ability to bear a meaning on any input that they catch. The learning process has been begun within the process of acquisition. Based on the findings, it is clear that the children acquire the language step by step based on the development of the brain. Children acquire language is just the same as adult in acquiring the language although there will be some constraints faced by adult concern with the first language because adult has had the strong basis of the first language just than children. (shrink)

Fodor gained a certain amount of embarrassment in 1981 after realizing that the intentional integrity of the link between the concept and the cause may be questioned. While the older Fodor, the one in 1998, is able to acknowledge that his earlier conceptions had to be modified, Fodor emphasizes that acquiring a concept is not to be recognized as a psychological process. In this chapter, however, we look into how psychological processing plays, in fact, no small part in (...) the acquisition of concepts and that cognitive psychology is capable of providing and should provide a theory regarding such. The author attempts to prove how Fodor's argument about how concepts are “brute-causally” attained and cannot be interminable, as well as to show how cognitive mediation can be obtained, and to defend the notion of acquisition from some of Fodor's criticisms on the subject of nonclassical theories about content and verificationism. (shrink)

What is art? What constitutes great art? Why do we value art so much and why has it been such a conspicuous feature of all human societies? These questions have been discussed at length though without satisfactory resolution. This is not surprising. Such discussions are usually held without reference to the brain, through which all art is conceived, executed and appreciated. Art has a biological basis. It is a human activity and, like all human activities, including morality, law and (...) religion, depends upon, and obeys, the laws of the brain. To understand the biological foundations of art, we must enquire into the biological foundations of knowledge, for art constitutes a form of knowledge; indeed is knowledge. We are still far from knowing the neural basis of the laws that dictate artistic creativity, achievement and appreciation, but spectacular advances in our knowledge of the visual brain allow us to make a beginning in trying to formulate neural laws of art and aesthetics; in short, to study neuroaesthetics. In this essay, I try to discuss the art of three Titanic figures in Western culture — Dante, Michelangelo and Wagner — in neurological terms. I try to show that we can trace the origins of their art to a fundamental characteristic of the brain, namely its capacity to form concepts. This capacity is itself the by-product of an essential characteristic of the brain. That characteristic is abstraction, and is imposed upon the brain by one of its chief functions, namely the acquisition of knowledge. (shrink)

A theory of how concept formation begins is presented that accounts for conceptual activity in the first year of life, shows how increasing conceptual complexity comes about, and predicts the order in which new types of information accrue to the conceptual system. In a compromise between nativist and empiricist views, it offers a single domain-general mechanism that redescribes attended spatiotemporal information into an iconic form. The outputs of this mechanism consist of types of spatial information that we know infants (...) attend to in the first months of life. These primitives form the initial basis of concept formation, allow explicit preverbal thought, such as recall, inferences, and simple mental problem solving, and support early language learning. The theory details how spatial concepts become associated with bodily feelings of force and trying. It also explains why concepts of emotions, sensory concepts such as color, and theory of mind concepts are necessarily later acquisitions because they lack contact with spatial descriptions to interpret unstructured internal experiences. Finally, commonalities between the concepts of preverbal infants and nonhuman primates are discussed. (shrink)

Summary The common view has been that Darwin regarded species as artificial and arbitrary constructions of taxonomists, not as distinct natural units. However, in his transmutation notebooks he clearly subscribed to the reality of species, on the basis of the criterion of non-interbreeding. A consequence of this biological species concept was his identification of the acquisition of reproductive isolation as the mark of the completion of speciation. He developed in the notebooks a theory of geographic speciation on (...) the grounds of (a) an empirical correlation between barriers and the geographical distributions of allied species, (b) the analogy of artificial isolation in the formation of new domesticated varieties, and (c) the logical consequence of blending inheritance. A brief discussion of Darwin's species concept in later writings concludes the paper. (shrink)

New and radically reformative thinking about the enactive and embodied basis of cognition holds out the promise of moving forward age-old debates about whether we learn and how we learn. The radical enactive, embodied view of cognition (REC) poses a direct, and unmitigated, challenge to the trademark assumptions of traditional cognitivist theories of mind—those that characterize cognition as always and everywhere grounded in the manipulation of contentful representations of some kind. REC has had some success in understanding how sports (...) skills and expertise are acquired. But, REC approaches appear to encounter a natural obstacle when it comes to understanding skill acquisition in knowledge-rich, conceptually based domains like the hard sciences and mathematics. This paper offers a proof of concept that REC’s reach can be usefully extended into the domain of science, technology, engineering, and mathematics (STEM) learning, especially when it comes to understanding the deep roots of such learning. In making this case, this paper has five main parts. The section “Ancient Intellectualism and the REC Challenge” briefly introduces REC and situates it with respect to rival views about the cognitive basis of learning. The “Learning REConceived: from Sports to STEM?” section outlines the substantive contribution REC makes to understanding skill acquisition in the domain of sports and identifies reasons for doubting that it will be possible to apply the same approach to knowledge-rich STEM domains. The “Mathematics as Embodied Practice” section gives the general layout for how to understand mathematics as an embodied practice. The section “The Importance of Attentional Anchors” introduces the concept “attentional anchor” and establishes why attentional anchors are important to educational design in STEM domains like mathematics. Finally, drawing on some exciting new empirical studies, the section “Seeing Attentional Anchors” demonstrates how REC can contribute to understanding the roots of STEM learning and inform its learning design, focusing on the case of mathematics. (shrink)

Why Theories of Concepts Should Not Ignore the Problem of Acquisition.

Today, dignity recognized as a fundamental value across legal systems is equal, inherent and inalienable, inviolable, is the source of human rights and is essential for its subject to be recognized as an autotelic entity (an end in itself) that cannot be treated as an object. The analysis of the extract from Plato’s Demiurge’s speech in Timaeus reveals that Plato developed a reflection on something that determines the qualitative difference between certain beings and the world of things, and that forms (...) the basis for the special treatment of these beings, which the modern language can reasonably describe as dignity. The attributes of that dignity seem to overlap with the nature of dignity as we know today. What is more, Plato proposes a response to the question of what dignity is like but also to the question of what dignity is. It is the existential perfection, established in a perfect way of existence based on a specific internal unity of being. As the existential perfection, it covers the entire being along with all its features; it is inseparable from being (inherent and inalienable) – without it, it cannot exist. It is primordial to the particular features and independent of their acquisition or loss. Plato’s approach allows, based on the approach to dignity, the formulation of proposals aligned with today’s personalistic standards prescribing that persons be treated as ends in themselves and prohibiting the treatment of persons like objects. (shrink)

Previous neural network models of concept learning were mainly implemented with supervised learning schemes. However, studies of human conceptual memory have shown that concepts may be learned without a teacher who provides the category name to associate with exemplars. A modular neural network architecture that realizes concept acquisition through two functionally distinct operations, categorizing and naming, is proposed as an alternative. An unsupervised algorithm realizes the categorizing module by constructing representations of categories compatible with prototype theory. The (...) naming module associates category names to the output of the categorizing module in a supervised mode. In such a modular architecture, the interface between the modules can be conceived of as an “information relay” that encodes, constrains, and propagates important information. Five experiments were conducted to analyze the relationships among internal conceptual codes and simple conceptual and lexical development. The first two experiments show a prototype effect and illustrate some basic characteristics of the system. The third experiment presents a bottom‐up model of the narrowing down of children's early lexical categories that honors mutual exclusivity. The fourth experiment introduces top‐down constraints on conceptual coding. The fifth experiment exhibits how hierarchical relationships between concepts are learned by the architecture, and also demonstrates how a spectrum of conceptual expertise may gradually emerge as a consequence of experiencing more with certain categories than with others. (shrink)

The themes of connectedness and continuity, which are also mathematical properties, have run like a red thread through the last fifty years of History and Theory, notably in the theory of the narration of action in history. In this essay I review various answers to the question of the driving force that motivates action and that propels a sequence, continuous or discontinuous. These answers underpin narrative strategies intended to solve the problem of human agency and thereby to provide the (...) class='Hi'>basis for historical narratives. I argue that both continuous and discontinuous conceptions of history have to do with the restrictive concept of trajectory. Most of our familiar concepts such as trajectory, equilibrium, optimum, probability, and sensitivity to initial conditions are taken from mathematics and physics, but how well adapted are they to dealing with the time of actors, whose actions are intermingled with uncertainty? I shall present alternative concepts of dynamics, ones that no longer lead toward just one particular future or that reflect a single past. On this basis I suggest reorganizing our view of historical time along the principles of maintenance, acquisition, and victory. Historical sources trace back not to one story or one process that is plausible or that appeals to common sense, but to a whole family of processes. From the past, we can obtain sets of constraints that circumscribe sets of stories rather than a single scenario. I shall then propose a topology of the time of action based on my alternative conception of dynamics, a topology made of what I call viability kernels, capture basins, and victory domains. (shrink)

An explanation of how we acquire concepts of kinds if they are socially constructed is a desideratum both for a successful account of concept acquisition and a successful account of social constructionism. Both face the so-called “mismatch problem” that is based on the observation that that there is often a mismatch between the descriptions proficient speakers associate with a word and the properties that its referents have in common. I argue that externalist theories of reference provide a plausible (...) and attractive account of concept acquisition, including the acquisition of concepts of social constructs, that avoids the mismatch problem. However, externalist theories are ontologically and psychologically highly demanding, which places strong constraints on accounts of the metaphysics of socially constructed kinds. In particular, they require a rather strong form of realism that is incompatible with some but not all theories of social constructionism. Finally, I show that these demands can be met by means of adopting a homeostatic property cluster view of natural kinds. (shrink)

Millikan's account of how we acquire our most basic concepts might be clarified by a better ontological taxonomy, especially one that distinguishes between natural kinds on the one hand and wholes composed of parts on the other. The two have a different causal basis, which is important because once classification goes beyond the stage of naive induction, it becomes fundamentally etiological.

I draw a connection between the question, raised by Hume and Kant, of how aesthetic judgments can claim universal agreement, and the question, raised in recent discussions of nonconceptual content, of how concepts can be acquired on the basis of experience. Developing an idea suggested by Kant's linkage of aesthetic judgment with the capacity for empirical conceptualization, I propose that both questions can be resolved by appealing to the idea of "perceptual normativity". Perceptual experience, on this proposal, involves the (...) awareness of its own appropriateness with respect to the object perceived, where this appropriateness is more primitive than truth or veridicality. This means that a subject can take herself to be perceiving an object as she (and anyone else) ought to perceive it, without first recognizing the object as falling under a corresponding concept. I motivate the proposal through a criticism of Peacocke's account of concept-acquisition, which, I argue, rests on a confusion between the notion of a way something is perceived, and that of a way it is perceived as being. Whereas Peacocke's account of concept-acquisition depends on an illicit slide between these two notions, the notion of perceptual normativity allows a legitimate transition between them: if someone's perceiving something a certain way involves her taking it that she ought to perceive it that way, then she perceives the thing as being a certain way, so that the corresponding concept is available to her in perceptual experience. (shrink)

The study of causal inferences is an essential part of the study of other cultures. It is therefore crucial to describe the cognitive mechanisms whereby subjects are led to find specific causal explanations plausible and "natural." In the anthropological literature, specific causal connections are described as the result produced by applying a general "conception of causation" or some general "theories" to specific events; the essay aims to show that these answers are either trivial or false. The "naturalness" of explanations must (...) be examined in the context of concept acquisition and belief-fixation. On the basis of an ethnographic example, it is possible to show how certain presumptions (e.g., about the use of certain categories as natural kind terms) can be involved in the processes whereby certain explanations are made cognitively salient. (shrink)

Background Nursing professional values form the basis of nursing interventions and serve as a guide for professional practice, reflecting in all interactions with patients and other healthcare professionals. As nursing professional values constitute powerful influencers in nursing practice, a strong commitment to these values is essential for nursing students to provide high-quality care. Aim To evaluate the impact of high-fidelity simulation training on first-year nursing students’ nursing professional values acquisition. Research design Quasi-experimental study using a longitudinal design with (...) a single group pre- and post-intervention evaluation. Participants and research context 202 first-year nursing students at the Complutense University of Madrid (Spain) participated in the study between September 2023 and May 2024. Their nursing professional values were compared at baseline and after the simulation experience using the “Nurses Professional Values Scale-Revised” (NVPS-R). The acquisition of these values was also evaluated using a verification list during simulation sessions. Five simulated scenarios recreated ethics dilemmas, where students should manage conflictive situations with a standardized patient. Ethical considerations The study was approved by the Research Ethics Committee from the Complutense University of Madrid (reference code: CE_20231116_18_SAL). Results Most of the students (84.87%) acquired the nursing professional values needed to manage adequately simulated ethical dilemmas. Nursing students significantly improved their nursing professional values after the simulation sessions. The effect size was medium for the “professional expertise” and “professional mastery” dimensions, and the total score of NVPS-R, whereas the obtained effect size was small for the “ethics” dimension. Conclusion High-fidelity simulation training using standardized patients allows first-year nursing students to acquire and improve nursing professional values. The inclusion of simulation training programs in nursing study plans to foster nursing professional values is needed to train undergraduate nursing students, providing them with the necessary ethical concepts and principles for their future clinical practice and ensuring high-quality care. (shrink)

The key problems of Ivan Vyghovsky’s rule (the main problem among them – is Gadiatskiy pact in 1658) in Mykhailo Grushevskiy’s works are considered in the article. It’s emphasized the scientist’s ambiguity in treatment of polish Ukrainian compromise in 1658. On the one hand the researcher highly evaluates Ivan Vyghovskiy and his like minded persons for their realization the basic idea of social and political development of Ukrainian nation, the necessity of being independent and trying to legalize it in the (...) appropriate paragraphs of “Big kingdom of Russia”.On the other hand emphasizes the factors which caused the union “lack of vitality” and hopeless of I. Vyghovskiy’s polish foreign policy choice.In the scientist’s conception the compromise of 1658 is the result of acombination of a set of factors, opposing tendencies, which had a deep foundation; the current geopolitical realities. For the «Zaporizhzhya Army» it was seen as a salvation from the expansionist, incorporationist policy of Muscovy, the mechanism of affirmation of the Orthodox « Grand Duchy of Rus» as an equal component of the reorganized Commonwealth.Mykhailo Hrushevsky, while paying tribute to the Treaty of Hadiach asa political and legal act, which testified to the level of state thinking of the then Ukrainian elite, indicates, at the same time, his doom.First of all, the historian observes that the treatise was in a hurry, under pressure of circumstances, it may have a temporary character. The most dangerous thing in the treaty is the «... competition of the Cossack and Nobility element...». The researcher believes that the basis of the Hadiach Union was nobility, because it was called «... to restore the economic and political affluence... of this social stratum...».Even the acquisition of the nobility`s rights by the Cossack sergeant «... meant only the strengthening of the nobility stratum against the Cossack masses». Therefore, for the Cossack public (for the common people - moreover, because it was not mentioned in the treaty) the union was unacceptable. In addition, the weak power of the Commonwealth government was incapable of fulfilling allied obligations to the «Zaporizhzhya Army» and the magnate-nobility community has demonstrated its inability to engage in relations with it on a parity basis.In contrast to the Hadiach apologists in 1658, who admired the preferencesfor the Ukrainian in the field of education and culture. Mykhailo Hrushevskyconvincingly states: «For us, from a retrospective perspective, it is quite clear that the Hadiach Union did not look to be successful...».In fact, only a formal Ukrainian-Polish compromise on the 6th(16th ) September 1658, could have been the basis of a federal union of Ukraine, Poland and Lithuania: the really progressive provisions of the treaty, which were proposed by Y. Nemirich - I. Vyhovsky, were already limited in time by signing it near Hadiach ; then - substantially eliminated in the process of ratification by the Warsaw Sejm; The illogical view of the coexistence of the Cossack emancipated Ukraine with the state-regulated Crown (with privileged nobility and followed by a feudal dependent slap) is seen in the «renewed» Commonwealth. That is why the Hadiach Treaty eventually became one of the decisive factors in defeat of Vyhovsky as a hetman.And at the same time it remains a Memorandum of such a desired mutual forgiveness and consent of the elites of the two peoples for a better life of each of them. (shrink)

In religious studies, the issue of Christian spirituality is not sufficiently developed. In this regard, an interesting analysis of Christian spirituality in its connection with isihastic anthropology in the study of S. Khoruzhogo. However, the definition of Christian spirituality in this work is absent, although the term itself is used in the form of a synonym of isichasm, which is understood as its tradition and current. The philosopher asserts that the basis of Christian spirituality is the idea of ​​the (...) deification of man, the acquisition of human nature by God. Therefore, Christian spirituality is the deification of man. This statement is an important methodological basis for the study of this phenomenon. The operational aspect of the spiritual experience of asceticism is emphasized, the latter is understood as the continuous work of self-transformation, autotransformation, mystical experience of transcendental and transcendental communication. (shrink)

The article highlights certain aspects of the obscured structure of the number, which occur irregularly in the teaching of numeracy in Preschool Education. Its absence, as an effect, leads to the child's misunderstanding of the concept of number. In the presymbolic stage, the number is taught through the word. Structural particularities are found in the semantics and phonetics of the number word and are substantial in the processes of speech and listening. The objectives are to make known the obscured (...) structure of the number and its elements and to analyze the nature of the name of the number. It is justified that the basis of the word "ONE" are the first sound manifestations of the infant. It states that there is the same and equal relationship between the acquisition of knowledge of language and speech with the acquisition of knowledge of number through the development of tonal auditory balance. Methodology: the theoretical analysis of the structural parts (semantics and phonosemantics) of the number and the identification of reciprocal correlation between the constructions of the knowledge of spoken numeral word in Preschool Education through the implemented technology. Contribution: the development of the method for learning the concept of number. (shrink)

MacIntyre, Clark, and Heidegger would all agree that the current problem with moral theory is its lack of a satisfactory conception of human telos. This lack leads us to resort to such fictions as rights, interests, and utility, which are “disguises for the will to power.” Ibid., p. 240. These thinkers would also agree that modern nation-states are cut off from the roots of the Western tradition. Modern political economy, with “its individualism, its acquisitiveness and its elevation of the values (...) of the market to a central social place”Ibid., p. 237. is leading us into “the coming age of barbarism and darkness.”Ibid., p. 244. MacIntyre's grim depiction of the future, which Heidegger calls “the time of the darkening of the earth” and “the flight of the gods”,Heidegger, “What Are Poets For?” in Poetry, Language, Thought. can only be met by re-appropriating our own tradition. Although Aristotle has much to tell us, I believe Heidegger is right to turn to Heraclitus for a non-anthropocentric conception of humanity's place in Nature. Other writers, however, such as Arne Naess, George Sessions, and Stuart Hampshire, argue that the writings of Spinoza may offer the most helpful vision of humanity needed to guide our efforts to find a more appropriate basis for our behavior toward each other and toward the non-human world as well.George Sessions, “Spinoza and Jeffets on Man in Nature,” Inquiry 20 (1977):481–528. Sessions' essay was criticized by Genevieve Lloyd in “Spinoza's Environmental Ethics,” Inquiry 23 (1980):293–311. In reply, Arne Naess wrote “Environmental Ethics and Spinoza's Ethics: Comments on Genevieve Lloyd's Article,” Inquiry 23 (1980):313~ 325. Cf. also Stuart Hampshire, Two Theories of Morality (Oxford: Oxford University Press, 1977). Yet Aristotle, Qark, Heidegger, Heraclitus, Maclntyre, and Spinoza all agree that in order to behave fittingly, we must understand what it means to be human. At this time, I would like to acknowledge the importance of the following objection to what I have been arguing here: While it may be true that the concept of human rights is a fiction, it is nevertheless a very useful fiction for changing how human beings relate to each other. Tom Regan has frequently pointed out that even if the concept of rights proves to be ficticious, it can be helpful in protecting non-human beings from abuse by humans. Cf. his essay “Exploring the Idea of Animal Rights,” Animals' Rights - A Symposium (Sussex and London: Centaur Press Ltd., 1979); Regan, “Animal Rights, Human Wrongs,” Environmental Ethics 2 (1980):99–120. The doctrine of the rights of man justified the American and French revolutions, which brought forth new and important human freedoms. Today, most of humanity still lacks the protection afforded by constitutionally guaranteed human rights. Moreover, even in constitutional democracies there are frequent abuses of and attempts to curtail human rights. Until far more people become committed to protecting human rights, it is unlikely that there will be a big movement to extend rights to non-human beings, much less to overcome the anthropocentrism inherent in the concept of rights. What the Buddhist tradition calls “skillful means” is appropriate in our current situation.My thanks to Professor David Levin of Northwestern University for having reminded me of the importance of approaching the question of human rights in a “skillful” way. We must approach people in a way sensitive to their current self-understanding. Before we can pass on to the stage of planetary unity made possible by non-anthropocentric thinking, we need to find ways that promote mutual respect among human beings.On the topic of the relation between spiritual-psychological growth and the shift in human morality, cf. M.W. Fox, “Animal Rights and Nature Liberation,” in Animals' Rights - A Symposium. Out of such respect there can also arise respect for the non-human as well. While largely in agreement with this point of view, I would like to note that our means must be very skillful, indeed, if we are to transform our relationships to each other and to the natural world before irreparable damage is done to the earth, through nuclear war or environmental destruction. The time grows short for the transformation needed to bring us from the stage of anthropocentrism to a deeper awareness of our internal relationship to the whole world. Some people, such as Peter Russell, argue that we are witnessing the evolution of a non-anthropocentric mode of planetary consciousness that will be supported by the revolution in communications and computers. Peter Russel, The Global Brain: Speculations on the Evolutionary Leap tp Planetary Consciousness (New York: J.P. Tarcher, 1983). Other people, such as Jeremy Rifkin, maintain that the coming computer age promises ever greater intrusions into natural processes, such as the drive for control of genetic structures.Jeremy Rifkin, Algeny (New York: Viking, 1983). In my view, while it is important to extend the idea of human rights wherever possible, it is also crucial that we consider seriously the possibility that the idea of human rights is merely a transitional way of conceiving of morality. As we learn more about the interrelationship of human life with all other aspects of the earth's life, our self-understanding will no longer be in harmony with the human-centered morality we know today. We will either learn to respect all beings and act toward them in appropriate ways, or else we will continue down the road we are now headed - a road which seems to have a very disturbing destination. Learning to dwell appropriately on earth is the most pressing moral issue of the day. (shrink)

In the report, the author raises the problem of personal freedom, referring to the concept of metanoia by R. Laing and D. Cooper. On the basis of Laing's ideas, the understanding of freedom is conceptualized as the acquisition of a true "I" through the experience of mental illness, which was introduced into the field of philosophical comprehension. Using the example of Cooper's metanoia scheme, the transition from the state of alienation and adaptation to free self-realization as from (...) unreasonableness to sanity is considered. The author raises the question about the criteria of norm and pathology in the course of realization of personal freedom. The urgency of the further development of Laing's and Cooper's ideas in the aspect of the possibility of implementing existential metanoia in the modern socio-cultural context is substantiated. (shrink)

The concept of fields available in physics will be considered for application to unravel the mysteries of form, structure and function of human consciousness and mind. The sameness of functions of human consciousness and mind in language acquisition and communication and also acquiring knowledge of various kinds and its will be discussed. In the light of this the limitations of concepts of pure physics and modern physics probes will be discussed. -/- The information and ideas available in the (...) Upanishads in the form of Brahmajnaana will be applied to understand the physical nature of human consciousness and mind and their functions. This information and translation into modern and cognitive scientific terms would be correlated with brainwaves concept of modern physiology. The physiochemical, physical and chemical natures of experiences, purport, meanings, ideas, thoughts and expressions will be presented based on Upanishadic insight thus acquired. The advantage of this alternative probe, method and model to understand the functions of human consciousness and mind will be demonstrated. -/- This model of human consciousness and mental functions is also correlated to brain wave EEG frequency changes. -/- . (shrink)

Technological advancement has an ambivalent character concerning the impact on biodiversity. It accounts for major detrimental environmental impacts and aggravates threads to biodiversity. On the other hand, from an application perspective of environmental science, there are technical advancements, which increase the potential of analysis, detection and monitoring of environmental changes and open a wider spectrum of sustainable use strategies.The concept of biodiversity emerged in the last two decades as a political issue to protect the structural and functional basis (...) of earthbound life. In this respect, it represents a great challenge for science, in particular for ecology, which is the scientific discipline mainly involved in contributing to understand biodiversity issues.In this paper, we state a strong necessity for ecologists to work in close connection with other disciplines and within their own discipline across the different organisation levels. Each level has some specific properties to which ecological terminology has been adapted, and joint views are necessary to understand complex networks. In this context, ecological theory provides the background to analyse biological complexity and the relationship of structure and dynamics on different integration levels and provides the interface to mediate social and political issues.Important features of new technologies for advances in ecological theory refer to an increase in information processing capacities, more efficient automatic data acquisition and device operation, and an increase in resolution.One crucial consideration we analyse is the trend that a quantitative development in one particular discipline may open a new potential for qualitative advancement in other disciplines when the quantitative advancement is applied in a new disciplinary context.We illustrate these qualitative developments that are based on technological advancements and which helped to advance ecological theory qualitatively with two examples: The underlying mechanisms causing regularly oscillating rodent populations are subject to a decade long discussion in ecology. Using the possibilities of modern information processing, it is possible to represent the discussed hypotheses in an integrative object oriented model and analyse how the underlying causal net works. The second example originates from biosafety research dealing with the environmental impact of genetically modified organisms. The project GenEERA develops a complex up-scaling procedure from below field-level information to the landscape scale in order to investigate spread and persistence of GM oil seed rape under different scenarios. The approach gives an example, how ecological modelling can be used to combine different information levels to derive conclusions on a higher spatial scale.In an overall conclusion we relate the described approaches to a wider system analytical context in which we interpret theory developments and biodiversity issues with a system theoretical description of growth processes. We obtain the view that in self-organising systems there is a tendency for autonomous development which tends to be dominating far away from capacity limitations. However, while approaching capacity limitations, a tendency towards closer coupling of internal and external cause-effect networks emerges. We also find that the relation of biodiversity, ecosystem services, and social dynamics can be interpreted in this framework. In this context, the demand for closer interdisciplinary cooperation to solve existing problems appears as an indication of emerging capacity limitations both, in the theoretical as well as in the physical domain. (shrink)

According to the hierarchy of models account of scientific experimentation developed by Patrick Suppes and elaborated by Deborah Mayo, theoretical considerations about the phenomena of interest are involved in an experiment through theoretical models that in turn relate to experimental data through data models, via the linkage of experimental models. In this paper, I dispute the HoM account in the context of present-day high-energy physics experiments. I argue that even though the HoM account aims to characterize experimentation as a model-based (...) activity, it does not involve a modeling concept for the process of data acquisition, and it thus fails to provide a model-based characterization of the theory-experiment relationship underlying this process. In order to characterize the foregoing relationship, I propose the concept of a model of data acquisition and illustrate it in the case of the ATLAS experiment at CERN’s Large Hadron Collider, where the Higgs boson was discovered in 2012. I show that the process of data acquisition in the ATLAS experiment is performed according to a model of data acquisition that specifies and organizes the experimental procedures necessary to select the data according to a predetermined set of selection criteria. I also point out that this data acquisition model is theory-laden, in the sense that the underlying data selection criteria are determined by considering the testable predictions of the theoretical models that the ATLAS experiment is aimed to test. I take this sense of theory-ladenness to indicate that the relationship between the procedures of the ATLAS experiment and the theoretical models of the phenomena of interest is first established, prior to the formation of data models, through the data acquisition model of the experiment, thus not requiring the intermediary of other types of models as suggested by the HoM account. I therefore conclude that in the context of present-day HEP experiments, the HoM account does not consistently extend to the process of data acquisition so as to include models of data acquisition. (shrink)

A man tirelessly looks for answers to numerous questions about deep ontological problems concerning the meaning of life, fundamental reasons or the last things. The aim of the article is to build a theoretical base, on the basis of which one will have opportunity to ask yet further questions, which are relevant in relation to human existence especially for philosophers. The genius requires a huge commitment to get to it. It also involves an internal declaration of continuous self-improvement. Contrary (...) to the philosophers of the era of modernism, I believe that to a greater or lesser extent, every person can potentially be genuine and great. After all in the mechanism and in the specific rhythm of tape improvement of the product as well as in the fiery ideas contemplated by the people of philosophy and art we can find passion for life and creativity People as such do not live in strictly defined internal boundaries and therefore they can constantly develop. If a wider group of philosophers can be interested in the concept of philosophy which is open to current human problems, interested primarily in other people (also in the sense of their huge diversity), then the goal of this essay will eventually be achieved. From the perspective of the possibility of a sense of job satisfaction it does not matter whether someone cooks well or paints beautifully. Everybody can equally develop in the essential sense of self-improvement. The scientific aspirations of the approach to this philosophical problem are fortunately unable to hide the values of human work in general, and especially the work done on oneself, overcoming one's own prejudices and going beyond the previously established conventions. It is only the acquisition of the ability to play freely with what is given to an existence that gives a man the chance to free himself from the shackles of restrictions existing on many levels of culture, religion or art. (shrink)

Philosophical literature has focused on the concept of trust, but often considers distrust merely as an afterthought. Distrust however, because of its pervasive role in our everyday lives, can be quite damaging. Thus, understanding the rationality of distrust is crucial for understanding our testimonial practices. In this paper I analyze whether it is rational or irrational to distrust an informant on the basis of identity bias. My aim is to show that distrust is irrational when based on negative (...) identity bias. First, I adopt Annalisa Coliva’s account of social hinge epistemology where it is rationally required to assume certain basic presuppositions, such that people are generally reliable informants, to obtain propositional justification and participate in the testimonial practice. Secondly, I show how distrust based on negative identity bias can spread across other domains of interaction and jeopardize the testimonial practice as we fail to assume that people are generally reliable informants. Thirdly, I argue that considering bias as a defeater is beneficial to maintain the claim that bias-based distrust is irrational, as it prevents the acquisition of propositional justification. Finally, I show that distrust is rational when based on evidence and reason that the speaker is not reliable or sincere. (shrink)

A realist story of concepts like Millikan's can and should accommodate facts about how the context of items available for comparison during concept formation affects just what concept is formed or reidentified. Similarly, the contribution of the goals and purposes of the conceptualizer are relevant to how concepts are acquired and deployed, but can be understood as entirely consistent with a view of concepts as objectively evaluable.

Number concepts must support arithmetic inference. Using this principle, it can be argued that the integer concept of exactly ONE is a necessary part of the psychological foundations of number, as is the notion of the exact equality - that is, perfect substitutability. The inability to support reasoning involving exact equality is a shortcoming in current theories about the development of numerical reasoning. A simple innate basis for the natural number concepts can be proposed that embodies the arithmetic (...) principle, supports exact equality and also enables computational compatibility with real- or rational-valued mental magnitudes. (shrink)

In LOT 2: The Language of Thought Revisited, Jerry Fodor argues that concept learning of any kind—even for complex concepts—is simply impossible. In order to avoid the conclusion that all concepts, primitive and complex, are innate, he argues that concept acquisition depends on purely noncognitive biological processes. In this paper, we show (1) that Fodor fails to establish that concept learning is impossible, (2) that his own biological account of concept acquisition is unworkable, and (...) (3) that there are in fact many promising general models for explaining how concepts are learned. (shrink)

Themistius's (ca. 317–ca. 388 C.E.) paraphrase of the De Anima is an influential and important work; however, it is not now regarded as profound or original and thereby suffers from neglect. I argue that Themistius is misunderstood on the matter of Aristotle's productive and potential intellects. It is commonly held that Themistius gives to the productive intellect the role of illuminating images in order to produce universal thoughts in the potential intellect with epistemic certainty. I argue that Themistius's productive intellect (...) does not transform images to reveal the forms contained therein, but gives to the potential intellect the ability, first, to organize our sense-experiences in the course of acquiring rudimentary universal concepts and, then, to discover the forms of things by ordinary discursive thinking. (shrink)

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

Immanent realism is a justly popular theory of universals which is incomplete. It is not good enough to say that all universals are equally real and all equally inhere in objects. Concepts come in hierarchies, For example: "colored," "red" and "claret," where "claret" is a shade of red. Only those at the very bottom of the hierarchy exist in objects, And are rightly called properties. Only properties have causality as a criterion of identity. Frege's functional account of concepts can be (...) adapted to explain how higher level concepts apply to objects. Between two concepts at different levels there is a relationship called 'essential subordination', Which is different from all other relationships. That a person is said to possess a concept of a property is to be explained in terms of a person possessing certain mental capacity, Which enables him to make certain judgments. Properties are concepts which exist in objects. (shrink)