This chapter contains sections titled: Introduction Competency Aesthetic Practices Inter‐Subjective Validity Project Conclusion Notes.

This chapter contains sections titled: Canary Wine and Beyond Wine, the Analogy with Art, and Expression Dewey Seeing As and Seeing In Critical Rhetoric The Institutional Theories Attention, Attitude and Appreciation Aesthetic Attributes and Experiences Aesthetic Experience: What Is It? Functionalist Theories The Necessity of Aesthetic Competency Aesthetic Emergence Aesthetic Competency Notes.

One of the important aspects of recent aesthetics is its focus on cross-disciplinary approaches. This implies that, although claims to generality and objectivity continue to be made, no single practice, science, or approach is able to provide absolute evidential support for arguments and claims. Aesthetics as a critical enterprise, therefore, is open to a plurality of explanations. As a result, art becomes more than another object of scientific or philosophical inquiry. It becomes a model for philosophical practice that can complement (...) or compete with dominant scientific paradigms. However, such aesthetic practice must respond to at least two grounds for skepticism: that a turn to aesthetics involves withdrawal from either critical and rigorous thinking or from social action and life. By discussing three core themes relevant for recent debates across the fields of philosophy, art history/theory and art pratice we would like to show how these concerns, while serious, can be taken up by aesthetics. These themes are: 1. the issue of validity (motivated by inquiries into the peculiar validity of aesthetic judgments); 2. the issue of subjectivity (motivated by the stipulated ‘special link’ between aesthetics and the human subject); and the political dimension of aesthetics (highlighted by the political implications of pluralist approaches to aesthetics, such as the need for negotiation and appeal). (shrink)

Since at least Hume and Kant, philosophers working on the nature of aesthetic judgment have generally agreed that common sense does not treat aesthetic judgments in the same way as typical expressions of subjective preferences—rather, it endows them with intersubjective validity, the property of being right or wrong regardless of disagreement. Moreover, this apparent intersubjective validity has been taken to constitute one of the main explananda for philosophical accounts of aesthetic judgment. But is it really (...) the case that most people spontaneously treat aesthetic judgments as having intersubjective validity? In this paper, we report the results of a cross‐cultural study with over 2,000 respondents spanning 19 countries. Despite significant geographical variations, these results suggest that most people do not treat their own aesthetic judgments as having intersubjective validity. We conclude by discussing the implications of our findings for theories of aesthetic judgment and the purpose of aesthetics in general. (shrink)

This article investigates the aesthetic experience within telematic space, using terms introduced by kleinian psychoanalysis. We argue that the object of the aesthetic experience in multi-sensory interactive installations can be analysed within a spatial context of a dual nature, involving both the physical space of the installation and the virtual space of the participating subject’s perception, a hybrid space. Therefore, we discuss the aesthetic experience of interactive artworks as an intersubjective relationship between the artist and the audience, (...) where the aesthetic object becomes the subjective perceptual experience of this process of interaction. The space, where the visitor ‘meets’ the artist, is the place of the aesthetic experience. Aesthetic experience takes place in both the physical and the ‘potential’ world of our internal representations, the internalized, ‘mental space’ of projected fantasies: our unconscious. (shrink)

Nishida Kitarō is considered by many as the most important 20th century Japanese philosopher for his ability to employ modern concepts and terminologies, and use them to construct a unique system carrying a distinctly East Asian flavour. In this system, the notion of nothingness plays a fundamental part both in terms of epistemology and ontology. While this conceptual choice was also inspired by Buddhist sources, Nishida also drew on the theoretical philosophy of Hermann Cohen to elaborate, how nothingness could function (...) as both the guarantor of unity and generator of plurality. Close analysis, however, shows that Nishida’s appropriation of Cohen’s concept of the me on as a necessary feature in the „logic of pure knowledge“ sheds the constraints carefully put in place by Cohen. As becomes evident in a comparison between both thinker’s analysis of sensation, Nishida’s unrestricted use of Cohen’s terms collapses precisely those distinctions that give sensation its meaning in the rational assessment of reality. This leaves Nishida’s concept of reality without the critical potential to distinguish between different kinds of normativity and their inter-subjective validity. Nothingness, as Nishida uses the term, is not a logical concept, but functions as an aesthetic symbol invoking sublime ideas of a perfect reality that is one and whole, and at the same time rich and diverse.Nishida Kitarō gilt vielfach als der bedeutendste japanische Philosoph des 20. Jahrhunderts, wenn nicht generell. Zu dieser Einschätzung trug seine Fähigkeit bei, Konzepte und Terminologien der modernen Philosophie aufzugreifen und in ein eigenes System einzubauen, das gleichwohl einen besonderen, ostasiatischen Charakter hatte, auf den er sich auch explizit bezog. Fundamental für dieses System wie für seine Apostrophierung als genuin „östlich“ war die zentrale Rolle, die er dem Nichts sowohl in logischer als auch in ontologischer Hinsicht zusprach. In der Ausarbeitung dieser systematischen Funktion machte sich Nishida Überlegungen von Hermann Cohen zur Logik der reinen Erkenntnis zueigen, die er ausweitete und aus dem Gebiet der wissenschaftlichen Erkenntnis auf andere Formen menschlichen Weltzugangs übertrug. Die genauere Analyse zeigt, dass die Inanspruchnahme Cohens problematisch ist, weil Nishida zentrale Unterscheidungen Cohens überspielt. Das Nichts, bei Cohen ein notwendiger Umweg zur Sicherung „reiner“ Begriffe, wird bei Nishida zum Quell begrifflicher Unterscheidung selbst. Die Folgen dieser Hypertrophie des Nichts zeigen sich besonders in der Behandlung der Empfindung, die bei Cohen der bloßen Anzeige des Daseins dient, bei Nishida aber sowohl Dasein als auch Realität begründen soll. Nishidas Begriff von Wirklichkeit ermangelt daher einer fundamentalen kritischen Unterscheidung und bleibt letztlich leer, was jedoch durch den durch Übernahme von systemfremden Theoriestücken geschickt erzeugten Schein einer Fülle von Wirklichkeitsbezügen verdeckt wird. Im Kern ist Nishidas Umgang mit Begriffen ästhetisch. Er bildet mit ihnen keine nachvollziehbaren Theorien, sondern erzeugt gerade mit dem Nichtsbegriff den erhabenen Schein umfassender und lebendig-vielfältiger Einheit – ein Schein, der vielleicht inspirierend wirkt, sich aber theoretisch nicht zu bewähren vermag. (shrink)

Chapter 1: An Introduction: The ‘Semantic Sting’ Argument Describes Dworkin’s theory as concerning the conditions of legal validity. “A legal system is a system of norms. Validity is a logical property of norms in a way akin to that in which truth is a logical property of propositions. A statement about the law is true if and only if the norm it purports to describe is a valid legal norm…It follows that there must be certain conditions which render (...) certain norms, but not others, legally valid. Hence it also follows that there can be two types of disagreement over the truth or falsehood of propositions about the law. People can disagree over the question ‘What are the conditions of legal validity?’, in which case their disagreement is a theoretical one. Or they can agree on the conditions of validity, and disagree as to whether or not those conditions actually obtain in a given case or not.” Argues that the best way to interpret Dworkin’s ‘semantic-sting argument’ is as a general argument against conventionalism in legal positivism. Summarizes the outcome of Dworkin’s argument as follows: “[I]f Dworkin is right about the legal reasoning of lawyers and judges, conventionalism would be self-defeating: if lawyers and judges recognize as legally binding not only those norms which are uncontroversially identifiable under the Rule of Recognition, that is, if what they recognize as binding is not only source-based law, then conventionalism turns out to be false on its own terms. In other words, either law is not what lawyers and judges think that it is, in which case law is not a matter of conventions, or – if it is what lawyers and judges think – conventionalism is false, as they do not see the law as purely a matter of conventions.” Dworkin’s theory, then, is a new conception of jurisprudence aiming to present itself as a rival to conventionalism. The book will be concerned with re-examining positivism in light of the interpretative challenge. Chapter 2: Meaning and Interpretation “[R]oughly, interpretation can be defined as an understanding or explanation of the meaning of an object.” Interpretation in this narrow sense is distinct from a less formal and broader use of interpretation that makes it equivalent to explanation. “Hence also, only those objects which are capable of bearing some meaning qualify as objects of interpretation.” [Why shouldn’t we think of interpretation as object-identification? This seems to be closer to what Dworkin has in mind.] Thus, a consideration of the philosophical work on meaning is appropriate. First, a consideration of Davidson on interpretation. The thesis is that Davidson’s “radical interpretation” can only account for sentence meaning and not for linguistic interpretation in general. Davidson cannot account for the non-rule-governed aspects of communication. “Semantics, as opposed to interpretation, concerns those aspects of communication which are rule or convention governed…but such rules are normally unavailable as reasons or justifications for an interpretation. On the contrary, interpretation is usually required because the issue is not determined by rules or conventions.” Interpretation, rather, is parasitic with understanding the meaning of an expression and not equivalent with it. As Dummett notes, any reflection on the meanings of words assumes prior knowledge of ordinary meanings. “This leads to the conclusion that understanding or explaining the meaning of an expression and interpreting it, are two conceptually separate things. It also indicates that seman ics can only be employed, if at all, to elucidate the concept of interpretation by way of contrast: interpretation concerns those aspects of communication which are under-determined by semantic rules or conventions.” Pragmatics, the study of problems posed by discrepancies between utterer’s meaning and sentence meaning, would seem to be closer to inquiry into interpretation. Both are concerned with understanding how meaning is possible where conventional rules leave off. Contemporary pragmatics, moreover, recognizes the logically indeterminate character of communicative inferences beyond conventional meaning and that the contextual conditions that account for the possibility cannot be realized in the semantic structure of the sentence. However, different criteria of success may be at work in pragmatics than interpretation. Pragmatics is concerned with how communication is achieved and thus the criteria of success would be grasping a speaker’s intentions. Many think, however, that communication is unimportant in certain spheres of communication, e.g. artistic interpretation, and that in these cases the aim of interpretation is not to uncover the actual artist’s intentions. What kind of meaning is interpretation aimed at then? It cannot be the meaning the object has for the interpreter. “Interpretation purports to be a statement about the object interpreted, not about the subject who offers the interpretation…it is crucial to remember that not everything we say about a work of art, or any other text, amounts to an interpretation of it. Only those aspects of a text which can shed light on its meaning form part of the text’s interpretation. What the text means for someone rarely entails anything about what the text means.” [This is puzzling to some extent for it remains somewhat ambiguous what it means to talk of subject-independent meaning.] Interpretive meaning attribution is, rather, counterfactual. “In general, I will suggest that the answer to this question consists in the fact that meaning is assigned by a counterfactual statement. Given that x is the meaning attributed to, for instance a text T, and x is not the literal meaning of T, nor is it the meaning of T intended by its author, then the attribution of meaning x to T can only be understood as the contention that on the basis of certain assumptions a certain fictitious or stipulated speaker would have meant x by expressing T.” Thus, on this account, interpretation, when it does not concern an actual speaker, turns out to be a kind of counterfactual intention attribution. Twofold point: “First, that interpretation is essentially a matter of attributing intentions, that is, in the pragmatics sense of ‘meaning’, namely, meaning that such-and-such by an act or expression. At the same time, interpretations need not be based on the intentions of actual authors; the meaning of an act or expression is understandable in terms of counterfactual intentions.” [Are we really restricted to understanding the coherence and integrity of meaning in such a way? Presumably the author is a kind of device for organizing meaning, much like Dworkin’s integrity, but need it take that format?] The logic of interpretation is typically reducible to intention attribution. [What role does the counterfactual author play in structuring meaning?] The criteria of interpretive success will depend upon the object, whether it is the real author or the counterfactual author. If the former, success will depend upon the retrieval of the author’s actual intentions. “Likewise, if the author is characterized in terms of some ideal representative of a certain genre, for instance, the presumptions which are taken to determine this c aracterization would provide the criteria of success for the particular interpretation offered.” [The criteria of success would seem, then, to be the principles, ideals, etc. that we attribute to the counterfactual author. These attributed qualities would be doing all the work – is the attribution of intention to the hypothetical author, then, really necessary at all?] [Does this account presuppose a weird dichotomy between what an object is and what it means? This dichotomy is different, if present at all, in Dworkin.] Chapter 3: Dworkin’s Theory of Interpretation and the Nature of Jurisprudence Three main insights of Dworkin’s theory of interpretation: “First, that interpretation strives to present its object in its best possible light. Second, that interpretation is essentially genre-dependent. And third, that there are certain constraints that determine the limits of possible interpretations of a given object.” Why the best light? Dworkin doesn’t really address this question in depth but claims that otherwise we are left with no way of justifying and choosing an interpretation or we are left with the author’s intention model, which we should reject. [Marmor doesn’t seem clear on what precisely it means to present something in its best light – seems to conflate it with most appealing light which, I take it, is different than what Dworkin has in mind.] “Dworkin is quite right to maintain that without having some views about the values inherent in the genre to which the text is taken to belong, no interpretation can take off the ground. The values we associate with the genre partly, but crucially, determine what would make sense to say about the text, what are the kinds of meaning we could ascribe to it.” There is no necessity for an interpretation to present an object in its best light with regards to the genre it is taken to be part of. Interpretations “could simply strive to present it in a certain light, perhaps better than some, worse than others, but in a way which highlights an aspect of the meaning of the text which may be worth paying attention to for some reason or another.” [What kind of reasons would count in choosing to present it in one light rather than another?] There is simply zero grounds for Dworkin’s assertion that we have no reason to pay attention to an interpretation that does not present it in its best light. Take a psychoanalytic interpretation of Hamlet, for example – not the best light, but a legitimate one. [This seems related to the next criticism – clearly Dworkin would have to loosen his insistence on the best, though not to detriment.] Moreover, especially with regards to art, it doesn’t appear possible to make an all things considered judgment about the best interpretation given the incommensurability of different values that are taken to inhere in a given genre. [Dworkin can respond here that we may have different available interpretations that could be justified with respect to the relevant value. Moreover, a lack of common denominator does not prevent any comparison whatsoever.] Constructive interpretation concerns social practices constituted by norms – it imposes a purpose or value rendering intelligible the normative character of the practice. There is a separate aspect of constructive interpretation that maintains that elements of the practice are sensitive to the point of the practice. It is important to note that different social practices will institutionalize themselves in different ways – thus, different practices will establish varying conditions on how the practice can be altered. The position of the positivists is that evaluative judgments concerning what the law should be are insufficient for determining what the law is given the nature of law’s institutionalization.&nb p; [This would seem to reside on a certain conception of law, i.e. an interpretation about where the value of law lies.] “[T]his being one of the main points of dispute between Dworkin and his positivist opponents, Dworkin cannot at this initial state presume law to be sensitive to its value in the manner that other, non-institutional practices might be, without incurring the charge of having assumed the very point at issue.” The upshot for Dworkin is that any explanation of a social practice such as law requires the same kind of reasoning as participation in that practice. This will be called the hermeneutic thesis. We can try to reconstruct a justification for this view based on the necessity of shared background assumptions – but this will not do since Dworkin’s claim is stronger: it contends that participants’ and theorists’ must “adopt one and the same normative point of view.” [The sense of normative here is unclear. It is true, though, that shared background assumptions do not imply viewing the law as valuable in any particular way, or at least it does not imply this in any strong sense.] Dworkin makes two distinct points with the hermeneutic thesis: “First, that the explanation of a social practice, like law or the arts, is essentially interpretative, and as such, necessarily value laden. Second, that the interpretation of such social practices, which Dworkin calls ‘argumentative’, is unique in the sense that the practice itself is an evaluative enterprise, and that therefore the interpreter of such a practice must form an evaluative judgment of her own about those values which are inherent in the practice that she purports to interpret.” [As stated, the first thesis is terribly ambiguous – for Dworkin, it clear implies a commitment to constructive interpretation. For Marmor, who accepts it, it is totally unclear what commitment he intends to make. He seems to mean simply that we have criteria for success concerning what counts as a successful explanation.] Mamor denies the second thesis. “What Dworkin seems to ignore here is that there is a crucial difference between forming a view about the values which are manifest in a social practice, like law, and actually having evaluative judgments about them.” [The problem, however, it that it is a contentious matter what values are part of the law – a theorist’s account of what values are constitutive of a particular legal system must rely on the kind of arguments which participants rely on. Of course, a theorist might simply note a debate about values and attempt to remain agnostic, but this will fail to be a full theoretical account of what law is!] Dworkin’s thesis seems to depend exclusively on his account of constructive interpretation. [This seems exactly right.] Chapter 4: Coherence, Holism, and Interpretation: The Epistemic Foundation of Dworkin’s Legal Theory Begins with discussion of Rawls’ reflective equilibrium. Sums up dual criticism as follows: “[T]he assumption that intuitions are independently true and the converse one, that their truth depends on fitting a coherent scheme, both seem to yield paradoxical results.” Dworkin, in his article “The Original Position”, claims that Rawls cannot commit himself to ethical realism. “[T]he natural model presupposes some form of ethical realism, while the constructive model does not. One important difficulty arising from an attempt to apply the natural model to Rawls is, that under the natural model, any theory which dopes not account for an intuition, at least for one which is held firmly, cannot be wholly satisfactory, just as scientific theory which does not account for certain observational data it is supposed to cover, would not be satisfactory in a familiar way.” Rawls, rather, is committed to a constructivist view of morality. Moreover, the reason we value coherence epistemically in moral theory is that it itself is a value of political morality – fairness requires consistency and publicity in the application of moral standards. Marmor notes the following problem with such a view: “[I]f coherence is justified, as it is here, with reference to certain moral values, that is, a specific conception of fairness, then we face the following problem: the presupposed values of fairness must themselves be based upon intuitive convictions, in which case the question of their truth cannot be ignored. If they are taken to be true…we are driven back to the perplexities of the natural model.” Discusses, helpfully, the Fish/Dworkin debate. The upshot is that Dworkin’s interpretive model is best off if it commits itself to a Quineian holism. However, this undermines his distinction between internal and external skepticism since holism must deny that moral judgments constitute a closed system. [This analysis seems exactly right.] Endorses Simmonds view that Dworkin’s theory does not meet the requirements of complexity he identifies as necessary to avoid vicious circularity in interpretive judgments of fit and identity. Coherence is doing the work through and through and therefore the interpretive theory of law is circular. [Will require further investigation, though it is unclear how coherence is doing any work in the pre-interpretive stage. At this stage, the judgments, if interpretive, seem to be derived from different sources. In any case, using coherence as a value seems to be highly suspect.] Why doesn’t Dworkin just reject Fish’s assumptions: because of his jurisprudence. “If legal texts can have a meaning that is not entirely dependent on a process of interpretation, then it is at least sometimes the case that the law can simply be understood, and applied, without the mediation of interpretation. And if that is the case, then the argument from interpretation against legal positivism collapses. It is no longer the case that every conclusion about what the law is, depends on evaluative considerations about what it ought to be.” Chapter 5: Semantics, Realism, and Natural Law Assessment of Michael Moore’s legal realism and its implications. [The final criticisms of Moore are not decisive.] Chapter 6: Constructive Identification and Razian Authority A consideration of Dworkin’s denial that the communication model of interpretation is appropriate for legal interpretation. Marmor argues that intentions do play a crucial role in the identification of legal norms in a way that is incompatible with Dworkin’s “coherence thesis”. Marmor takes Dworkin to be committed to the constructive identification thesis: that the identification of something as part of the legal, artistic, etc. genre can be done sufficiently by evaluative considerations. “Here, one must maintain that evaluative considerations are sufficient to determine whether something is a legal norm or a work of art”. [Fit, however, constrains possible evaluative considerations – thus evaluative considerations are not sufficient in themselves.] “Now the crucial point here is this: if you maintain the possibility of constructive identification in art, you must assume that works of art can be identified as such on the basis of certain features they happen to possess, features which contain no reference to any particular intention to create a work of art…unless we take intentions into account, how can we discriminate between the concept of an aesthetic artifact and the con ept of a work of art?” [It is unclear, and I think false, that constructive interpretation of anything requires identifying something irrespective of an artificers intentions. Those intentions may be relevant, dependent upon the genre under which we are trying to classify the object. Nothing, seemingly, about constructive interpretation in general excludes this possibility.] Marmor’s point is that it turns out to be impossible to identify art as art without reference to an artist’s intentions – especially given the state of contemporary art. [It is notable that Marmor’s response to counterexample implicitly depends upon a fully developed theory of aesthetics. His cursory comments on the matter of identifying art seem insufficient to say the least.] The rest of the chapter considers the incompatibility of Raz’s account of authority with constructive interpretation. The incompatibilities mentioned do not move beyond what Raz identifies in his article “Authority, Law and Morality”, but a defense of this notion of authority is defended in several [inconclusive] respects. [Raz and Marmor want to separate identification from content. This is not clearly a defensible separation.] Chapter 7: No Easy Cases? Chapter defends notion that there is a distinction between easy and hard cases in the positivist sense. Takes a Hartian approach and ultimately defends the distinction by associating it Wittgenstein’s conception of rule following. The point is that one need to look the purpose of rule in order to understand what the rule requires. Chapter 8: Legislative Intent and the Authority of Law Examines the following doctrine concerning the role of legislative intent in adjudication: “[F]irst, it would hold that laws, at least in certain cases, are enacted with relatively specific intentions, and that this is a matter of fact which is discernible through an ordinary fact-finding procedure. Second, that in certain cases the presence of such a fact, namely, that the law was enacted with a certain intention, provides judges with a reason to decide the legal dispute in accordance with the relevant legislative intent.” [It is important that for Marmor, interpretive strategies are only appropriate in hard cases. However, we should wonder what grounds positivism can offer for deciding a hard case in any manner which is not the morally best manner according to the judgment of the judge. There are no legal grounds, by definition, in hard cases and so what justificatory strategy would endorse any judicial decision except for the morally best one?] We can ascribe intentions to a legislative body, when this is possible at all, by taking the shared intentions of the majority, rather than some group intention, to be the significant intentions. Moreover, we should expect a good deal of consensus about intentions for otherwise it is hard to explain how legislative bodies are able to produce so much legislation. Discussion of kinds of intentions concludes as follows: “I have distinguished between three main types of intention that are potentially relevant from the legal point of view. Apart from the intentions that are manifest in the language of the law itself, legislators typically have further intentions in enacting a given law, and sometimes they would have certain intentions bearing on its proper application. I have also suggested that some of these further intentions may be essentially non-avowable, in which case they are rendered initially irrelevant. Finally, I have pointed out that considerations of consistency require that the legislator’s application intentions be taken into account only if, and to the extent that, they are in accord with his further intentions.” The manner in which intentionalism is to be justif ed relies on the distinction, Marmor maintains, between expert and mere collective action authority. “The point I wanted to make is strictly conditional: if, and only if, a certain law is justified on the basis of the expertise branch of the normal justification thesis, would it make sense to defer to the legislature’s intentions in the interpretation of the law, that is, to the extent that there is, in fact,; such an intention and it can clarify something that needs clarification.” Insofar as a legislature can be considered an expert on the matter requiring adjudication and interpretation should the body’s intention be taken into account. Chapter 9: Constitutional Interpretation Begins by laying out general necessary features of a constitution. Then Marmor moves on to consider general questions of constitutional legitimacy. First, he considers what grounds might be offered for the legitimacy of a constitution at all. He notes that the central question is what permits a single generation to bind future generations. He then examines four arguments to avoid this problem. The first is based on the moral legitimacy of the constitution; Marmor rejects this solution for the [truly dubious] reason that the constitution would make no practical difference because it would not supply reasons in addition to those provided by morality [but, presumably, the point is that these legally valid rules would be institutionally enshrined]. The second is based on the moral authority of the framers and Marmor rightly rejects this on the basis of the idealization of the framers it requires and less rightly on the basis that there cannot be moral authorities. Third is the “argument from interpretation” which claims that “as long as the particular content of the constitution is determined by its interpretation, and the authoritative interpretation at any time correctly instantiates the values which ought to be upheld in the community, the constitution would be morally legitimate”. The fourth is Raz’s which argues that a constitution is valid so long as its constraints are morally permissible because conventions of this type might aid the continuity of the legal system, i.e. it is important to have a convention of this type and the constitution is a kind of this type. Marmor appears to endorse these two approaches and concludes: “The conditions for the legitimacy of a constitution must comprise the following conditions. First, the values and principles enshrined in it must be morally permissible…Second, when certain choices are made in particular cases, they would be legitimate if they are either morally underdetermined, or else, morally correct…It follows from this that both arguments must assume that at least in those areas in which the constitution would make a moral difference, it can be interpreted to make the difference that it should, that is, according to the true moral principles that should apply to the particular case...the moral legitimacy of constitutions very much dependent on the practices of their interpretation. In other words, a great deal of the burden of moral legitimacy is shifted by these arguments to the application of the constitution, thus assuming that the constitution is legitimate only if the courts are likely to apply the constitution in a morally desirable way.” [This implies that the only significant value constitutions have is in providing a conventional practice where some such practice is required.] Moves on to argue that courts typically rely, and rightly so, on moral considerations when deciding constitutional issues because typically, in cases of the kind that reach the supreme or constitutional court, there is no law on the case. Much of this relies on his earlier discussion about the nature of interpretation in the law – that legal interpretation is always a matter of cha ging the law. (shrink)

This paper provides a critical analysis of the premises and arguments put forward by the Ius Constitutionale Commune en America Latina project to ground the image of the Inter-American Court of Human Rights as an agent of democratic transformation. It highlights three critical aspects: 1. the profile of the Court is constructed by legal scholars relying on self-validation and self-referentiality, 2. that image validates the idea that lawyers and the judiciary are agents of transformation ruling over local spaces from above, (...) thereby discarding people as the central subjects of change and democratization, and 3. the concept of representative democracy becomes a device that secures the self-validating dynamics of the image of the Court as democracy builder. (shrink)

This book represents the first full-length study of the aesthetics of the appreciation of wine. It introduces and argues for the validity and significance of several new concepts: competency, project, and aesthetic practices. Using these concepts -- together with analyses borrowed from cognitive science, sensory science, Husserlian phenomenology and hermeneutics -- the case is made that wine can be a proper and indeed significant object of aesthetic attention. The implications of this are pursued in three ways: First, (...) within the culture of wine, with a sustained treatment of important concepts such as terroir; second, within philosophical aesthetics. The latter results in a position termed 'contextual aesthetics' that sees aesthetic acts as always situated within cultural practices, and given meaning thereby. The third implication is for the cultural and aesthetic value accorded to the various senses, and the kinds of underlying issues that might have led to, and might now lead away from, these values. (shrink)

Two common strategies have dominated attempts to account for the nature of taste. On the one side, we have an affectivist understanding of taste where aesthetic attribution has to do with the expression of a subjective response. On the other side, we find a non-affectivist approach according to which to judge something aesthetically is to epistemically track its main aesthetic properties. Our main argument will show that neither emotion nor perception can explain the nature of aesthetic taste (...) single-handedly. In this paper, our principal aim is to examine the relationship between perceptual discernment and emotional sensibility as we find it in the process of ascribing aesthetic qualities. Is it the nature of the specific aesthetic property in question which determines the way in which perception and emotion are balanced in aesthetic attribution, or is it, rather, something about how our sensory skills operate? One of the notions we would like to explore in greater detail in this context is the idea of attunement, or the way in which aesthetic agents can align themselves to the content of an artwork o in order to better grasp its content and significance. According to our proposed picture, the exercise of taste involves an adjustment of one’s emotional sensibility to the aesthetic character of o. From here, we will posit both emotional and perceptual training as part of an agent’s aesthetic education in her use of aesthetic terms. (shrink)

Adults with chronic pain interpret ambiguous information in a pain and illness related fashion. However, limitations have been highlighted with traditional experimental paradigms used to measure interpretation biases. Whilst ambiguous scenarios have been developed to measure interpretation biases in adolescents with pain, no scenario sets exist for use with adults. Therefore, the present study: sought to validate a range of ambiguous scenarios suitable for measuring interpretation biases in adults, whilst also allowing for two response formats ; and investigate paradigm efficacy, (...) by assessing the effects of recent pain experiences on task responding. A novel ambiguous scenarios task was administered to adults. Participants were presented with 62 ambiguous scenarios comprising 42 that could be interpreted in a pain/pain-illness or non-pain/non-pain illness manner: and 20 control scenarios. Participants generated their own solutions to each scenario, then rated how likely they would be to use two researcher-generated solutions to complete each scenario. Participants also rated their subjective experiences of pain in the last 3 months. Tests of reliability, including inter-rater agreement and internal consistency, produced two ambiguous scenario stimulus sets containing 18 and 20 scenarios, respectively. Further analyses revealed adults who reported more recent pain experiences were more likely to endorse the pain/pain-illness solutions in the Likelihood Ratings Task. This study provides two new stimulus sets for use with adults in pain research and/or interventions. Results also provide evidence for a negative endorsement bias in adults. (shrink)

By demonstrating the uniformity and universality of the principles of valid interpretation of verbal texts of any sort, this closely reasoned examination provides a theoretical foundation for a discipline that is fundamental to virtually all humanistic studies. It defines the grounds on which textual interpretation can claim to establish objective knowledge, defends that claim against such skeptical attitudes as historicism and psychologism, and shows that many confusions can be avoided if the distinctions between meaning and significance, interpretation and criticism are (...) correctly understood. It provides perhaps the first genuinely comprehensive account of hermeneutic theory to appear in English and the first systematic presentation of the principles of valid interpretation in any language. Mr. Hirsch, associate professor of English at the University of Virginia, is the author of _Wordsworth and Schelling _and _Innocence and Experience: An Introduction to Blake._ “Here is a book that brings logic to the most unruly of disciplines, literary interpretation. Viewing this subject within the tradition of hermeneutics, Mr. Hirsch is able to trace its origins and development with brilliant insight. The result is a lucidly systemic and authoritative account of the premises and procedures applicable to the interpretation of a literary text. Mr. Hirsch has performed a monumental service thereby that of reinstating the credentials of objectivism and defining the limits of the aesthetics of truth. This study is a necessary took for anyone who wants to talk sense about literature.”—_Virginia Quarterly Review_ “Professor Hirsch demonstrates convincingly that objectivity is attainable in humane studies, and that it is not identified with the subject but with the evidence. A valid interpretation is not necessarily a correct one, but one which is more probably than any other on the basis of existing evidence. He makes a subtle and important distinction between a text’s ‘meaning’ and its ‘significance’, and brilliantly relates meaning to understanding and interpretation to explanation…” In short, this is a work which future students of literary theory cannot afford to neglect.”—_Notes and Queries_ E.D. Hirsch, Jr., is professor of English at the University of Virginia. (shrink)

By demonstrating the uniformity and universality of the principles of valid interpretation of verbal texts of any sort, this closely reasoned examination provides a theoretical foundation for a discipline that is fundamental to virtually all humanistic studies. It defines the grounds on which textual interpretation can claim to establish objective knowledge, defends that claim against such skeptical attitudes as historicism and psychologism, and shows that many confusions can be avoided if the distinctions between meaning and significance, interpretation and criticism are (...) correctly understood. It provides perhaps the first genuinely comprehensive account of hermeneutic theory to appear in English and the first systematic presentation of the principles of valid interpretation in any language. Mr. Hirsch, associate professor of English at the University of Virginia, is the author of _Wordsworth and Schelling _and _Innocence and Experience: An Introduction to Blake._ “Here is a book that brings logic to the most unruly of disciplines, literary interpretation. Viewing this subject within the tradition of hermeneutics, Mr. Hirsch is able to trace its origins and development with brilliant insight. The result is a lucidly systemic and authoritative account of the premises and procedures applicable to the interpretation of a literary text. Mr. Hirsch has performed a monumental service thereby that of reinstating the credentials of objectivism and defining the limits of the aesthetics of truth. This study is a necessary took for anyone who wants to talk sense about literature.”—_Virginia Quarterly Review_ “Professor Hirsch demonstrates convincingly that objectivity is attainable in humane studies, and that it is not identified with the subject but with the evidence. A valid interpretation is not necessarily a correct one, but one which is more probably than any other on the basis of existing evidence. He makes a subtle and important distinction between a text’s ‘meaning’ and its ‘significance’, and brilliantly relates meaning to understanding and interpretation to explanation…” In short, this is a work which future students of literary theory cannot afford to neglect.”—_Notes and Queries_ E.D. Hirsch, Jr., is professor of English at the University of Virginia. (shrink)

Most people encounter art images as digital reproductions on a computer screen instead of as originals in a museum or gallery. With the development of digital technologies, high-resolution artworks can be accessed anywhere and anytime by a large number of viewers. Since these digital images depict the same content and are attributed to the same artist as the original, it is often implicitly assumed that their aesthetic evaluation will be similar. When it comes to the digital reproductions of art, (...) however, it is also obvious that reproductions do differ from the originals in various aspects. Besides image quality, resolution, and format, the most obvious change is in the representation of color. The effects of subjectively varying surface-level image features on art evaluation have not been clearly assessed. To address this gap, we compare the evaluation of digital reproductions of 16 expressionist and impressionist paintings manipulated to have a high color saturation vs. a saturation similar to the original. We also investigate the impact of viewing time and expertise, two other aspects that may impact the perception of art in online contexts. Moreover, we link these dimensions to a recent model of aesthetic experience [the Vienna Integrated Model of Top-Down and Bottom-Up Processes in Art Perception ]. Results suggest that color saturation does not exert a major influence on liking. Cognitive and emotional aspects, however, are affected – to different extents for experts and laypersons. For laypersons, the increase in color saturation led to more positive assessments of an artwork, whereas it resulted in increased confusion for art experts. This insight is particularly important when it comes to reproducing artworks digitally. Depending on the intended use, increasing or decreasing the color saturation of the digitally reproduced image might be most appropriate. We conclude with a discussion of these findings and address the question of why empirical aesthetics requires more precise dimensions to better understand the subtle processes that take place in the perception of today’s digitally reproduced art environment. (shrink)

Network Analysis is considered as a new method that challenges Latent Variable models in inferring psychological attributes. With Network Analysis, psychological attributes are derived from a complex system of components without the need to call on any latent variables. But the ontological status of psychological attributes is not adequately defined with Network Analysis, because a psychological attribute is both a complex system and a property emerging from this complex system. The aim of this article is to reappraise the legitimacy (...) of latent variable models by engaging in an ontological and epistemological discussion on psychological attributes. Psychological attributes relate to the mental equilibrium of individuals embedded in their social interactions, as robust attractors within complex dynamic processes with emergent properties, distinct from physical entities located in precise areas of the brain. Latent variables thus possess legitimacy, because the emergent properties can be conceptualized and analyzed on the sole basis of their manifestations, without exploring the upstream complex system. However, in opposition with the usual Latent Variable models, this article is in favor of the integration of a dynamic system of manifestations. Latent Variables models and Network Analysis thus appear as complementary approaches. New approaches combining Latent Network Models and Network Residuals are certainly a promising new way to infer psychological attributes, placing psychological attributes in an inter-subjective dynamic approach. Pragmatism-realism appears as the epistemological framework required if we are to use latent variables as representations of psychological attributes. (shrink)

Reason and revelation are two important guides for humanity. People can find the right path only thanks to these two guides. Fatānah is the peak of functional intelligence, which is a special attribute given to prophets. At the same time, this attribute is the ability and competence to use reason in the best way. Needless to say, this attribute comes along with great values and privileges. This prophetic attribute not only reflects the human aspect of the (...) prophets but also points to a qualification through which they receive revelation. Through this feature, prophets, on the one hand, try to understand revelation and apply it. On the other hand, they solve the problems in their community by practicing ijtihād in cases where revelation has not come. This creates a great power that makes them superior to others. As it is known, everyone’s mental faculties are different. Although people are given intelligence according to their degree, they are not given the attribute of fatānah. At this point, reason means the power of understanding, comprehension, thinking, and reasoning. Fatanāhis a superintelligence through which prophets can see events from multiple perspectives and analyze them in depth. We shall briefly mention the fatanāh of the Prophets Muhammad and Abraham as examples. The Prophet Muhammad fought for tawḥīd (God’s unity) in his polytheistic society. In order to transform the society in question, he reformed them by acting with reason, logic, and reasoning with the support of revelation. At the end of this struggle, he successfully transformed his community into a religious, theistic, and moral society in 23 years. He was the authority to solve the people's problems in both Mecca and Medina. He successfully found solutions to peoples’ problems. His success has been explained by the attribute of fatanāh, along with divine support. When we look at the life of Prophet Abraham, who is considered to be the ancestor of the prophets, the attribute of fatānahis clearly seen in his prophecy. That is to say, in his discussions with his father Āzar, Prophet Abraham wanted him to think that "idols are inanimate objects that do not harm or benefit anyone and have no function in creation." The best example of his superintelligence is that he broke the idols in the idol household with an axe and hung the axe around the neck of the big idol. On this occasion, he made idol-worshippers use their intellect. The subject of this article is to emphasize the importance of this attribute found in the prophets, along with the support of revelation, as an example for people. To better explain the subject, the paper also examines the intellect-revelation relationship and intellect-superintellect relationship. (shrink)

Over the past two decades, the competency movement has been gathering momentum internationally within the ranks of professional nursing. It can be argued that this momentum is in response to government initiatives aimed at improving consistency in workforce training and accreditation, and fostering national and international portability of qualifications. At the same time, the competency movement has provided the opportunity for regulators, service providers and government to develop mechanisms to reconstitute competent nurses as accountable, self‐regulating subjects and to monitor this (...) transformation in particular ways. The ways in which competencies have been taken up to do this transforming work in Canada are unique and deserving of some detailed description and analysis.We argue that Canadian nursing regulatory authorities have chosen to view competence as the rehearsal of ethical attributes consonant with the professional role,as opposed to the enactment of skilled conduct. As a result, reflective practices rather than skill and knowledge have become the cornerstone of nursing competency formulation and review. We argue that this distinctly Canadian approach to competency serves three ends. First, it privileges the ‘attribute’ element of the nursing competency model and side steps the ever‐problematic ‘nursing knowledge’ issue; second, self‐surveillance by nurses shifts the onus for professional development from industry to the individual; and third, it concedes responsibility for skill assessment by the regulatory authorities to industry control, leaving employers free to determine skill base and skill mix requirements for practice. Finally, we argue that the reflective component of the regulatory framework for Canadian nurses radically fails as a tool for auditing quality and assessing competency. Rather, it functions as a governmental practice that furthers the deregulatory and economic rationalist aims of the Canadian health reform agenda. (shrink)

For Kant, the form of a subject's experience of an object provides the normative basis for an aesthetic judgement about it. In other words, if the subject's experience of an object has certain structural properties, then Kant thinks she can legitimately judge that the object is beautiful - and that it is beautiful for everyone. My goal in this paper is to provide a new account of how this 'subjective universalism' is supposed to work. In doing so, I appeal (...) to Kant's notions of an aesthetic idea and an aesthetic attribute, and the connection that Kant makes between an object's expression of rational and the normativity of aesthetic judgements about it. -/- . (shrink)

Neuroscience has studied deductive reasoning over the last 20 years under the assumption that deductive inferences are not only de jure but also de facto distinct from other forms of inference. The objective of this research is to verify if logically valid deductions leave any cerebral electrical trait that is distinct from the trait left by non-valid deductions. 23 subjects with an average age of 20.35 years were registered with MEG and placed into a two conditions paradigm (100 trials for (...) each condition) which each presented the exact same relational complexity (same variables and content) but had distinct logical complexity. Both conditions show the same electromagnetic components (P3, N4) in the early temporal window (250–525 ms) and P6 in the late temporal window (500–775 ms). The significant activity in both valid and invalid conditions is found in sensors from medial prefrontal regions, probably corresponding to the ACC or to the medial prefrontal cortex. The amplitude and intensity of valid deductions is significantly lower in both temporal windows (p = 0.0003). The reaction time was 54.37% slower in the valid condition. Validity leaves a minimal but measurable hypoactive electrical trait in brain processing. The minor electrical demand is attributable to the recursive and automatable character of valid deductions, suggesting a physical indicator of computational deductive properties. It is hypothesized that all valid deductions are recursive and hypoactive. (shrink)

Kant's analysis and theory of beauty is explained in this book by Salim Kemal. The author clarifies the nature of aesthetic claims, examines the scope of Kant's justification of their validity, and shows how these lead Kant to investigate the relationship between beautiful objects, morality and subjects.

This thesis consists of four essays on aesthetic cognitivism. Aesthetic cognitivism says that artworks can have significant cognitive value and that the arts constitute a significant body of understanding. This thesis formulates and defends aesthetic cognitivist positions on central debates in philosophical aesthetics and works towards a comprehensive aesthetic cognitivist account of our aesthetic practices. In essay one, ‘Aesthetic Communication’, I defend the view that the purpose of a central form of aesthetic communication (...) is sharing an aesthetic understanding of the distinctive aesthetic character and value of artworks (and inculcating this aesthetic understanding in others). I argue for this view by setting out a novel account of the nature of aesthetic communication and of the criteria of communicative success in aesthetics. In essay two, ‘Aesthetic Cognitivism and Aesthetic Normativity’, I set out an aesthetic cognitivist answer to three normative questions. Why appreciate artworks? What does appreciation aim at? Which artworks is there weightiest reason to appreciate? Aesthetic cognitivism says that there is weightiest reason to appreciate artworks that are aesthetically valuable in virtue of the rich perspectives they bear to their subject matters. It says that the appreciation of these artworks aims at the sensitive exploration of their distinctive aesthetic value (i.e., of the rich perspectives they bear). It says there is reason to appreciate these artworks because they are aesthetically valuable. In essay three, ‘The End of Pleasure in Aesthetics: Aesthetic Cognitivism Revived’, I argue for an aesthetic cognitivist account of what it is to be responsive to aesthetic value. I argue that aesthetic responsiveness consists in a motivationally self-sustaining cognitive exploration of the distinctive aesthetic value of an artwork. I contrast my account with a pleasure theoretic account. In essay four, ‘Artistic Honesty’, I describe how honesty serves as a standard that guides and governs the creative process and provide an account of the property we attribute to artworks when we judge them to be honest. I argue that for an artwork to be honest is for it to confront a truth that it is epistemically and/or emotionally difficult for us to confront (individually and as a community). (shrink)

From Kant’s point of view, the puzzle about judgments of taste is that they claim to normativity—in Kant’s terms, to intersubjective validity or communicability—but nevertheless have only a subjective basis or “determining ground (Bestimmungsgrund).” The task of §9 of the Critique of Judgment in particular is to delineate an account of aesthetic response that accommodates Kant’s solution to this puzzle. If the aesthetic pleasure “precedes” the judgment—in other words, if the judgment is about the pleasure—then the judgment (...) of taste would be merely private, like other judgments about things that cause us pleasure. So the judgment must precede the pleasure. But “nothing… can be universally communicated except cognition, and representation so far as it belongs to cognition. (V:217) Therefore, the determining ground of the judgment of taste must be “the mental state encountered in the relation of the mental powers of representation to each other insofar as they relate a given cognition to cognition in general.” (V:217) A bit later, he calls this state of mind a “feeling of the free play of the powers of representation in a given representation for a given representation for a cognition in general.” The appeal to ‘cognition in general’ can do what Kant needs it to do only if it conveys the normativity of cognition simpliciter but not its conceptual determinacy. I want to propose that we take ‘cognition in general’ to mean ‘integration into a unified system of empirical cognition.’ If I am successful, it will have the consequence that the basis for the normativity of taste— that is, the expectation that others ought to agree with our judgments-- is the same as the basis for the normativity of cognitive judgments. (shrink)

The article is part of a longer argument, the gist of which stands in direct opposition to the claim implied by the article’s title. The ambition of that larger whole is to offer a theory of art evaluation together with a theoretical model showing how aesthetic value judgements can be inter-subjectively tested and justified. Here the author therefore plays devil’s advocate by citing, strengthening, and inventing arguments against the very possibility of justification or explanation of aesthetic judgements. The (...) reason is his conviction that such arguments have not been fully met. The article is thus intended as a challenge: any theory of art evaluation which assumes, or tries to establish, that some works of art are better than others or that aesthetic judgements are not just statements expressing personal likes and dislikes, should show how such arguments can be demolished. (shrink)

This chapter focuses on one of the common fallacies in Western philosophy called 'subjective validation'. An objective validation of a statement can be accomplished by showing that the statement actually matches up to the way the world is; this can be done by comparing the statement to the world itself. Combined with other mistakes, like confirmation bias and availability error, subjective validation can fool people into thinking that psychics can read their minds, predict the future, or even communicate with the (...) dead. Although the subjective validation of Nostradamus's “predictions” doesn't fuel much else besides silly beliefs in the paranormal, falling prey to subjective validation can be much more costly. The same subjective validation “retrodiction” techniques are also used to interpret the prophecies of the Bible, like those that are supposedly in the Book of Revelation. (shrink)

Electrophysiology deals with apparatus applied in a stimulus response situation. This technique is partly concerned with physical problems, partly with biological ones. The failure to appreciate differences in these problems leads to assumptions which require critical examination. Assumptions stating the constancy of objective stimuli, the meaning of inter and intra-individual variation, and the stability of the so-called “resting level” are examined.Some experiments are cited which reveal complications by the apperception of the patient and which have a significant influence on electrophysiological (...) data. The evocation of stress reactions by routine laboratory procedures is discussed and a suggestion is made of the way in which the validity of electro-physiological measurements may be improved.Dans la science de l'électro-physiologie on se sert des instruments pour mesurer des processus de réaction d'une objet stimulée.La méthodique dans cette science est dérivée partiellement de la science biologique et partiellement de la science physicale.Une des difficultées est d'apprécier justement des differences dans les problèmes de mesure dans les deux terraines scientifiques, ce que mène à des assumptions douteuses, qui a besoin d'une examination scrupuleuze.Des assumptions concernant la constance de stimulations objectives, la significance des variations inter- et intra-individuelles et la stabilité du niveau, dit „resting level”, sont examinés.Quelques experiments, révelant des complexités dans l'apperception des patients ayant une influence importante sur les données électro-physiologiques, sont cités.L'évocation des réactions de tension, par des procedures routinières en laboratoire sont discutés et une suggestion afin d'améliorer la validité des données de mesure électrophysiologique est donnée.In der Elektrophysiologie ist man beschäftigt mit Instrumentarium, waraus die Zusammenhang zwischen Reiz und Reaktion untersucht wird. In diesen Untersuchungen werden Methoden angewandt, welche teils aus der biologischen, teils aus der physikalischen Wissenschaft stammen. Es kommt vor, dass Unterschiede in Messungsprobleme innerhalb jedem Fachgebiet nicht richtig gewertet werden, was zu Annahmen führt, welche eine kritische Analyse bedürfen.Annahmen was betrifft, die Konstanz von objective Reize, die Bedeutung von inter- und intra-individuellen Variationen und die Konstanz des sogenannten „resting level”, wurden einer Analyse unterzogen.Einige Experimenten sind zitiert, die eine erhebliche Komplexität in der Wahrnehmungsempfindung des Patienten nachweisen und die eine bedeutungsvolle Einfluss haben auf den elektro-physiologischen Angaben. Das Hervorrufen Spannungsreaktionen durch Routine-vorgänge im Laboratorium wurde diskutiert und eine Weise um mit möglicherweise zuverlassigem Erfolg elektro-physiologischen Messungen aus zu führen wurde vorgeschlagen. (shrink)

The likelihood of a statement is often derived by generating an explanation for it and evaluating the plausibility of the explanation. The explanation discounting principle states that people tend to focus on a single explanation; alternative explanations compete with the effect of reducing one another’s credibility. Two experiments tested the hypothesis that this principle applies to inductive inferences concerning the properties of everyday categories. In both experiments, subjects estimated the probability of a series of statements and the conditional probabilities of (...) those conclusions given other related facts. For example, given that most lawyers make good sales people, what is the probability that most psychologists make good sales people? The results showed that when the fact and the conclusion had the same explanation the fact increased people’s willingness to believe the conclusion, but when they had different explanations the fact decreased the conclusion’s credibility. This decrease is attributed to explanation discounting; the explanation for the fact had the effect of reducing the plausibility of the explanation for the conclusion. (shrink)

Biology and Philosophy, forthcoming. Following recent arguments that there is no logical problem with attributing mental or agential states to animals, I address the epistemological problem of how to go about making accurate attributions. I suggest that there is a two-part general method for determining whether a psychological property can be accurately attributed to a member of another species: folk expert opinion and functionality. This method is based on well-known assessments used to attribute mental states to humans who are (...) unable to self-ascribe due to an early stage of development or impairment, and can be used to describe social and emotional development as well as personality. I describe how instruments such as the Child Behavior Checklist, which relies on intersubjective expert opinion, could be modified to assess other species subjects. The measures are validated via the accuracy of the predictions that are derived, which is an example of the functionality of attribution. I respond to theoretical criticisms against use of this method, and argue that if the method counts as good science for infant cognition research, then it should count as good science for animal cognition research as well. Correspondingly, if the method doesn’t count as good science for animal cognition research, then we must be very skeptical of its use with nonverbal humans. (shrink)

This dissertation provides a theory of the nature of aesthetic experiences on the basis of a theory of aesthetic values. It results in the formulation of the following necessary conditions for an experience to be aesthetic: it must consist of a representation of an object and an accompanying feeling; the representation must instantiate an intrinsic value; and the feeling must be the recognition of that value and bestow it on the object. Since representations are of intrinsic value (...) for different reasons, there are different kinds of aesthetic experiences . By means of certain conceptual links, it is possible to extend this account to other aesthetic entities thus enabling the formulation of a general theory of the aesthetic in non-aesthetic terms. In particular, aesthetic values are identical with subjective dispositions to elicit aesthetic experiences under normal conditions. Accordingly, I endorse anti-realism about aesthetic values: their existence, nature and exemplification are mind-dependent, while their ascriptions to objects have genuine truth-values. I back up this account by arguing against the alternative positions that either take aesthetic values to be objective or deny the truth-aptness of their attributions. Furthermore, I put forward a relativist variant of anti-realism according to which ascriptions of different aesthetic values to a particular object are all correct, given that the aesthetic experiences involved are made under normal conditions and concern the same aesthetically nonevaluative features of that object. For there is no specifically aesthetic norm by means of which one of the faultless aesthetic experiences can be picked out as the only appropriate one. That aesthetic values nevertheless show a normative dimension is ensured by their conformity to a general account of values as capacities to satisfy, or dissatisfy, rational desires. (shrink)

Subjective, multi-attribute choice decisions – such as whom to marry or which college to attend – play a substantial role in decision makers’ long-term well-being. However, the metacognition literature lacks tools for assessing metacognitive capacities in subjective decisions. We present three studies in which we propose and validate the Knowledge of Weights (KoW) paradigm, a novel method for assessing metacognitive knowledge of attribute weights in subjective, multi-attribute choice decisions. In Study 1, we demonstrate the test-retest reliability of (...) metrics generated by the KoW paradigm. In Study 2, we apply the KoW paradigm in four domains and show that it generates consistent results. In Study 3, we demonstrate that participants who perform better on the KoW paradigm make choices with which they are more satisfied, providing suggestive evidence of predictive validity. Use cases in cognitive psychology and beyond are discussed. (shrink)

Experimental philosophy of aesthetics has explored to what extent ordinary people are committed to aesthetic realism. Extant work has focused on attitudes to normativism – a key commitment of realist positions in aesthetics – the claim that aesthetic judgments/statements have correctness conditions, invariant between subjects, such that there is a fact of the matter in cases of aesthetic disagreement. The emerging picture is that ordinary people strongly and almost universally reject normativism and thus there is no strong (...) realist tendency in ordinary people’s thinking about the aesthetic. This has been taken to dissolve the traditional puzzle in aesthetics of how to best account for the fact that (a) aesthetic judgments seem intersubjectively valid, while (b) aesthetic experience seems subjective. This paper presents studies which further enrich our understanding of ordinary thinking about the aesthetic: ordinary thinking about the aesthetic may not be so vehement in its rejection of normativism; and where previous results suggested that, in many cultures, the dominant trend is to reject correctness conditions for aesthetic judgments, the current results suggest participants think aesthetic judgments have correctness conditions (albeit perhaps very finely relativized to specific circumstances of judgment). (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Grand Manner Aesthetics in LandscapeFrom Canvas to CelluloidEmily E. Auger (bio)Popular films about the environment and related human and material resource issues, particularly colonialism, tend to enhance the appeal of their subject matter by aesthetically transforming it according to audience preferences and tastes. Such mediating strategies are perhaps too familiar to contemporary artists of all types who would prefer to work beyond the limits of what their readers or (...) viewers are prepared to tolerate as entertainment, but the particular emphases and accommodations made by film artists to convey messages about the environment are little changed from those strategies used by painters over the past three centuries to a similar end. The methods by which environmental issues are aestheticized in late-twentieth-century film is directly and historically related to those established for grand manner painters by Nicholas Poussin (1594-1665) and taught at the French academy from the seventeenth through the nineteenth centuries. That these fundamentals were part of the training of artists who would be willing and able to enhance the glory of Louis XIV's absolutist monarchy seems not to have undermined the popular enthusiasm their association with the "classical" past generated outside of France. Thus, the grand manner ideal was repeated, elaborated, and adapted by subsequent British and American artists, teachers, and aestheticians, both amateur and professional, including Joshua Reynolds (1723-92), president of the British academy; theoretician Edmund Burke (1729-97); and such American painters as Benjamin West (1738-1820), Thomas Cole (1801-48), Frederic Church (1826-1900), and Albert Bierstadt (1830-1902).Examples of filmic adaptations of grand manner aesthetics considered here include English director John Boorman's The Emerald Forest (1985) and Anglo-French director Roland Joffé's The Mission (1986), both British productions; Kevin Costner's Dances with Wolves (1990) and John McTiernan's [End Page 96] Medicine Man (1992), both American productions with American directors; and Australian director Bruce Beresford's Black Robe (1991), a Canadian/Australian production based on Irish-born, Canadian novelist Brian Moore's best-selling novel of the same title (1985). While it might be argued that these films merely show the adaptation of academy-based grand manner ideals and principles to new imperialist interests, this article demonstrates how they educate and draw public sympathy to global environmental concerns, albeit with reference to a recognizably Western aesthetic tradition. Thus, the interest of this study to educators and students of the visual arts is twofold: first, it demonstrates the continued adaptation and application of aesthetic principles originally developed in the seventeenth century to a technology-based medium; and second, it shows how those aesthetic principles are currently applied in film to direct and modulate public opinion on matters well beyond the domain of pure or theoretical aesthetics.The grand manner aesthetic, first defined with reference to seventeenth-century painting and still apparent in twentieth-century film, is largely attributable to Poussin since he was an artist who wrote—and wrote well—about his understanding of artistic quality and priorities. He was deeply committed to classicism; he thought the elements of a painting should be idealized rather than realistic and particularized, that those elements should be clearly delineated in a linear manner, that exotic subjects and excessive color should be avoided as both appeal too much to the senses and not enough to the mind, and that figures should always predominate over landscape. Poussin's ideals became the model for students training at the French Academy, an institution officially formed in 1648 under the direct control of the government. Aspiring academicians were exhorted to produce images that were usually composites of the better, and sometimes imagined, aspects of the appearance, character, and deeds of the fictional and historical people, events, and locations that were their subjects. They were never allowed to forgot the hierarchy of value that placed genre painting forever below history painting, yet it cannot have escaped their notice that a certain number of well-executed examples of the lowly still life, domestic interior, and picturesque landscape on the exhibition walls made the "grandness" of more ambitious works more apparent by contrast.The French Academy soon became the envy of foreign upper-level bureaucrats cognizant... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Philosophy—Aesthetics—Education:Reflections on DanceTyson Lewis (bio)To create is to lighten, to unburden life, to invent new possibilities of life. The creator is legislator—dancer.—Gilles Deleuze, Pure ImmanenceThe Italian philosopher Giorgio Agamben is perhaps best known for his ongoing interest in the problem of "biopower." Taking up where Michel Foucault ended, Agamben argues that the principle political and philosophical questions of the moment concern the connections between life and power. In this (...) sense, he stands in diametric opposition to one of the leading French intellectuals of our times: Alain Badiou. For Badiou, the key question of the present is not so much power and the body as it is the ethics of truth. According to Agamben, Badiou's project has abandoned thinking about the biopolitics of life and as such is both philosophically and politically suspect. But does Agamben's critique prematurely dismiss Badiou? In other words, does his critique prevent us from recognizing the precise location of biopolitics in Badiou's work? It is my contention that we must read Badiou not against but from within a biopolitical framework in order to realize both the validity of Agamben's criticism and its limitations. In fact, it is through the critical lens of biopolitical theory that we can begin to see the unique links in Badiou's thinking between aesthetics, the body, and education. In conclusion, I argue that Agamben provides insights missed by Badiou's reduction of the animal body to the disavowed grounds for the grace and beauty of truth, while at the same time Badiou provides Agamben's own theory of biopolitics with a unique educative practice: the practice of dance.Here I would like to justify this philosophical inquiry for educational theorists. With the fate of art-based educational programs uncertain in the [End Page 53] face of standardization, it is perhaps time to reassess legitimating claims for retaining arts education programs. By reading Badiou through Agamben, I hope to provide a new reason for advocating the centrality of dance in educational programs and assert the inherently educative qualities of movement-based curricula. Second, I hope to suggest in my conclusion that dance is an important form of educational practice antithetical to current forms of capitalist "bioproduction." As such, I will link together my own theory of dance education with the critical pedagogical tradition in order to anchor the "utopian imagination" in a practice of the body. This is an attempt to fill in a rather vague sphere of critical pedagogical research and theory: aesthetic practice. Overall, this article will bring together two important philosophical traditions—Agamben's biopolitical theory and Badiou's theory of truth—in order to examine their relation to education and, in turn, how education is a central concept for thinking through contemporary continental philosophical traditions.Biopower and Event: Situating the Subject in Relation to TruthMichel Foucault first coined the theoretical concept "biopower" in his work on the history of sexuality.1 In order to understand Foucault's meaning we must first separate biopower from sovereign power, which is characterized by the "right to decide life and death."2 The sovereign—which for Foucault is not simply a form of territorial rule but is a principle of power relations—decides who lives and who dies. Power here is the power of the sword that marks the body directly through overt forms of public torture and violence. But in the classical age and with the rise of capitalist social relations, the form and function of power switched. Famously, Foucault wrote that the highest function of power "was perhaps no longer to kill, but to invest life through and through."3 This new form of power—whose concern was no longer death but the maintenance and regulation of life—operates on two interconnected levels. First, biopower conceives of the body as a machine, which must be disciplined in order to be made more efficient. Here, power acts as microphysics, training the individual body in order to reach a high level of social efficiency. Second, on the macro level, biopower transforms the populous into a population that has to be carefully regulated in terms of propagation rates, health levels... (shrink)

In this paper, I suggest an aesthetic model that is consistent with anti-foundational scientific knowledge. How has an aesthetics without foundation to be configured? In contrast to the conventional subject/object model, with idealistic and subjective aesthetics, but also with object-oriented assumptions, I suggest that aesthetics has to be characterized as relational aesthetics in terms of process-oriented perception and that this leads to an _Aesthetics Without Objects_ (AWO) approach. The relational nature of processes means that they do not happen _inter_-, (...) that is, between ontologically delimited and stable entities, but rather they _correspond_ between relations. I will try to show that AWO matches well with the onto-phenomenological-epistemic and relational models proposed by recent theories in different fields of science, especially in the relational interpretation of quantum physics. The field of aesthetics, then, does not indicate perceptual fixed contents—either subjective or objectual properties—rather it emerges from a correspondence occurring in an engaged and situated perceptual movement, an _agencing_ that is prior to any sharp distinction between a perceiver and a perceived. I propose to call _haptic_ this perceptual agencing. In the first section, I describe the reasons according to which the adoption of AWO seems more correct and advisable, both with respect to contemporary scientific models and to the current ecological changes on the planet. In the second section, I portray some characteristics of AWO. In the third section, I argue that AWO calls for haptic perception. In the fourth section, I briefly draw some meta-aesthetics consequences concerning, on the one side, socio-political issues of AWO and, on the other side, the possibility for a theory in an anti-foundational model. I conclude with a proposal: a process-oriented aesthetics approach has to be understood mainly as an _art of thinking_. This means rethinking and re-evaluating the idea of aesthetics as an _artisan thought_. (shrink)

This essay is an attempt to understand the reasons for the current crisis of musical aesthetics. It examines the function of this discipline as the mediator between philosophy and musicology, it inquires into its connections with the ideals of autonomy, beauty and free subjectivity. During the 20th Century, major changes in society and their communication forms happened; anthropology and semiotics began to compete with aesthetics in explaining musical facts. The last paragraphs test the chances of resistance of musical aesthetics ; (...) musical meaning appears to be the only question which endured in spite of the considerable fragmentation and loss of profile of musical experience. (shrink)

In present day philosophy there are two competing views regarding practical rationality: (1) Decision and game theory and economic theory have developed a theory of rational decision which has proven to be fruitful in many areas of social science. Practical philosophy should work with that paradigm (2) Economic theory and decision theory do not have an adequate account of practical rationality. The homo oeconomicus model is – at best – one perspective which competes inter alia with philosophical accounts of practical (...) reason.In this article I try to show that these two seemingly opposing views are in fact compatible. I argue that consequentialism is an inadequate account of rationality because rational action is deontological in character. Nevertheless the decision theoretic conceptual frame should not be given up. Deontology and decision theory can be made compatible via comprehensive description of action. The conceptual frame of decision theory should be interpreted as coherentist, not consequentialist. With this intertretation deontological action, if rational, maximizes subjective value. (shrink)

Frank Sibley was one of the most important philosophers of aesthetics of the last fifty years, whose published papers are required reading for serious students of the subject. Approach to Aesthetics will be welcomed both for bringing together these well known papers, and for its inclusion of new, previously unpublished papers. This timeless body of work will continue to demand and reward the attention of scholars and students.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Art Subjects: Making Artists in the American UniversityTheodore GracykArt Subjects: Making Artists in the American University, by Howard Singerman. Berkeley, Los Angeles, London: University of California Press, 1999, 296 pp., $19.95 paper.Howard Singerman's Art Subjects is a study of the training of visual artists in American universities from 1912 to the present. More precisely, the book is an account of how two philosophies ofeducation have competed to inform (...) that training. At the outset, Singerman announces that the book explores a long-standing "struggle between vision and language" (p. 10) that culminates with a decisive privileging of language. The book mimics its putative subject in at least one interesting way. As it was for art and the training of American artists in the twentieth century (at least on Singerman's account of them), so it is with the book. Each moves from a practice grounded in objective reality to a jargon-ridden discourse that limits entry to anyone outside of its acutely self-regarding disciplinary field. Although the book's acknowledgments segment thanks one individual for demanding thatSingerman "come to a real conclusion" for the book, readers should note Singerman's subsequent admission that it may not have one. At times it even appears that Singerman goes out of his way to avoid drawing one.Art Subjects appears to have started life as Singerman's doctoral dissertation, but it only occasionally displays the dull by-the-numbers writing of such documents. The book has a clear organization and its numerous quotations are carefully documented. The overall argument is framed, beginning and end, with Singerman's autobiography of his own time as a university art student. It provides him with his framing question: if he has a M.F.A. in sculpture but never learned to sculpt, what does his professional degree signify? The answer is that it indicates that his work is no longer facile. He has progressed from the realm of the artist whose work is professional, displaying facility, to the stage where he is professional. He has progressed to the point where being an artist is theartist's true subject: "Artists are the subject of graduate school; they are both who and what is taught" (p. 3). If this progression is best indicated by an artist's lack of facility in producing works of art, that is the price of professionalism. In the post-World War II university, art training is "founded on the primacy of theory over practice" (p. 181). Yet the result is professionalism without a clear profession other than as an employee of the post-World War II university: the M.F.A. prepares artists for the university discipline of art. Citing Foucault, Singerman seems satisfied that artists have taken command of a theoretical field. Disciplinary boundaries are created and policed by its rules of professional discourse. At the same time, Singerman declares his intention to "use the concept of the discipline as it constrains and structures discourses to keep from having to judge whether or not art is a profession" (p. 201). He likewise mentions [End Page 119] but does not take any stand on the "putative decline of recent art" (p. 210). This ongoing refusal to judge deprives the book of potentially interesting conclusions. It also calls into question Singerman's repeated references to the "self-criticality" of the discipline.Singerman's neutrality might berefreshing were it not for his use of Foucault to introduce the notion that each new "proposition" within the disciplinary discourse represents progress in a "theoretical field," moving "knowledge" forward. Talking about art (and not, to be sure, talking all that much about specific works of art) and talking about being an artist may or may not represent progress. For instance, Singerman's early chaptersmake the case that the triumph of artistic modernism must be understood as a repudiation of a "female" aesthetic and even of women as artists. Singerman returns to the topic ofwomen artists only once, to note Griselda Pollock's approval of the entry of feminism into the academic discipline of art. Thus Singerman is silent on the question of whether progress is made when the number of women is... (shrink)

This paper is concerned with the issue of how predication is possible, as a significant common concern in the philosophy of language, metaphysics and semantics. A ‘subject-comment’ account is suggested in view of its constructive engagement with two relevant competing approaches, i.e., the traditional ‘subject-categorization’ account and the ‘topic-comment’ account. The suggested account views predication as a unifying two-level predication: the primary level of predication is made through recognizing and commenting on some particular attribute(s) of the subject’s semantic referent (...) as a thick object (resulting in a weaker version of Russellian proposition) and the secondary level of predication through categorizing the subject’s semantic referent into a certain group via the Fregean conceptual content of the predicate. (shrink)

Thomas Blackson does not question that my argument in section 2 of “Assertion, Knowledge and Context” establishes the conclusion that the standards that comprise a truth-condition for “I know that P” vary with context, but does claim that this does not suffice to validly demonstrate the truth of contextualism, because this variance in standards can be handled by what we will here call Subject-Sensitive Invariantism (SSI), and so does not demand a contextualist treatment. According to SSI, the varying standards that (...) comprise a truth-condition of “I know that P” are sensitive to factors that attach to the speaker as the putative subject of knowledge, rather than as the speaker of the knowledge attribution. That is, according to SSI, these factors of the subject’s context determine a single set of standards that govern when the subject himself, or any other speaker, including those not engaged in conversation with the subject, can truthfully say that the subject “knows.” Thus, we do not get the result that contextualists insist on: that one speaker can truthfully say the subject “knows,” while another speaker, in a different and more demanding context, can say that the subject does “not know”, even though the two speakers are speaking of the same subject knowing (or not knowing) the same proposition at the same time. Given the possibility of SSI, Blackson concludes that I “either assumed without argument that [SSI] is false or failed to distinguish the different ways the standard for knowledge might be determined.” I indeed have long assumed that SSI can’t be right, and so have taken a different form of invariantism to be the real threat to contextualism. But since SSI, and views like it, now seem to be getting considerable attention, it is worth articulating why I find it unpromising. (shrink)

All aesthetic judgements, whether descriptive, evaluative or some combination of the two, and whatever they might be about, whether works of art, artefacts of other kinds, or natural things, declare themselves to be, not mere announcements or expressions of personal responses to the objects of judgement, but claims meriting the agreement of others. Despite the frequent appeal in everyday life to the nihilistic interpretation of the saying ‘It's all a matter of taste’, the doctrine of aesthetic nihilism—the view (...) that such claims are never warranted—does not merit serious attention. What is needed is an articulation of the various kinds of content of aesthetic judgements, one that will reveal what their claim to intersubjective validity amounts to and enable an assessment of what the proper limits of the claim might be. This clarification is what I attempt to provide. After some introductory definitions and classifications, the principal focus of the first part of the paper is descriptive aesthetic judgements, and one issue that figures large is the proper understanding of those judgements of this kind which are expressed in sentences that are intended to be understood metaphorically. A short bridge passage identifies an aesthetic judgement whose content is indicative of the content of evaluative aesthetic judgements of all kinds, and in particular evaluative aesthetic judgements about works of art, which the second part of the paper focuses on. Real illumination of these requires an identification of the aim of art (as such): I offer an account of this aim, which I defend against certain objections that it is liable to attract, and I use it to throw light not just on singular but also on comparative judgements of artistic value. I conclude with some remarks about purely aesthetic value and specifically artistic value and about similarities and differences between evaluative aesthetic judgements of works of art and evaluative aesthetic judgements of works of nature. (shrink)

Caricatures can help to understand the perception of a face. The prominent facial feature of a subject can be exaggerated, so the subject can be easily identified by humans. Recently, significant progress has been made to face detection and recognition from images. However, the matching of caricature with photographs is a difficult task. This is due to exaggerated features, representation of modalities, and different styles adopted by artists. This study proposed a cross-domain qualitative feature-based approach to match caricature with a (...) mugshot. The proposed approach uses Haar-like features for the detection of the face and other facial attributes. A point distribution measure is used to locate the exaggerated features. Furthermore, the ratio between different facial features was computed using different vertical and horizontal distances. These ratios were used to calculate the difference vector which is used as input to different machine and deep learning models. In order to attain better performance, stratified k-fold cross-validation with hyperparameter tuning is used. Convolution neural network-based implementation outperformed the machine learning-based models. (shrink)

The study has dealt with the theoretical context of the meaning of fame in language and term; also has shown that fame requires authenticity regardless of whether it is a word, narration or a classified work. On the other hand, it has examined that those, except for those who are examined with evidence, who are not famous among them will not be judged to be authentic or not. Later, it has pointed out the effect of fame on the correction of (...) the narrations and emphasized that fame is an important factor about the accuracy of the books in relation to their authors; and also sought an answer to the following question: Is fame the only factor in this or not? Thus, the problematic and some objectives of the study have been fulfilled, and the signs of the book’s finding of fame with the related author and the reasons that require this fame has been expressed. Among the indicators of the book’s fame from its author, arguments such as the narration from a group, the author’s clear statement that the book belongs to him, and the attribution of the book to him by his immediate surroundings in his own time have been mentioned. The study has examined six examples from the first three centuries, with the idea that the subject would be practical. In each century, two books were selected, and it was determined that one of them would be correct due to its reputation in relation to the author, and that the attribution of the other to the author will not be correct, since the other does not have a reputation. It has been determined that the attribution of his risālah about advices attributed to al-Imām Mālik and the book named al-Radd alâ'z-Zenādika wa'l-Cehmiyya, which is attributed to Imam Ahmed, are not valid. (shrink)

The paper proposes a reflection on mathematical beauty, considering the possibility of aesthetic qualities for formal language. Through a concise overview of the way this question is understood by some famous scientists and mathematicians, we turn our attention to Gian-Carlo Rota’s theoretical proposal: his reflections as a mathematician and philosopher offer a perspective, of phenomenological matrix, fruitful for looking at the question. Rota’s contribution allows us to focus on the role of competence, acquired through effort, sedimentation and habit of (...) repetition, in cultivating the potential to recognise the aesthetic quality of formal language. Finally, we draw on some contributions from Gestalt theory, closely connected to twentieth-century phenomenology for chronological and conceptual reasons, applying the idea of gestalt wholeness to the mathematical product and proposing some reflections that may help to clarify some of the dynamics underlying the attribution of qualities of beauty to formulas or the detection of its lack. (shrink)

In the present research, we validated a new scale developed from self-determination theory (SDT) to assess the functional meaning of cash rewards offered in the workplace. According to SDT, rewards can take on different meanings based on the way they are perceived by individuals. In a series of three studies in different socioeconomic contexts, we replicated the two-factorial structure of the scale measuring respectively workplace cash rewards’ informative and controlling meanings. In Study 1, we validated the English version of the (...) scale by exploring and then confirming its two-factor structure with two English-speaking employee samples. We further replicated its two-factor structure in a French-speaking employee sample of employees in Study 2 and in a Greek-speaking employee sample in Study 3, allowing us to validate its French and Greek version. Results from our three studies show how distinct meanings attributed to cash rewards, i.e., informative or controlling, relate differently to autonomous and controlled forms of motivation based on SDT. These findings suggest that workplace cash rewards differently influence employees’ motivation depending on whether they are perceived as informative or controlling, thus providing empirical evidence for the theoretical and practical implications of SDT’s concept of functional meaning of cash rewards. Our research contributes to the assessment and understanding of employees’ experience of workplace cash rewards and provides empirical evidence that the concept of the functional meaning of cash rewards is a distinct concept from other money-related concepts such as subjective pay satisfaction, performance-contingent rewards, and financially contingent self-worth. (shrink)

PurposeThis study aimed to explore current developments and trends in the field of subjective well-being of older adults at a macro level and identify research hotspots.MethodsWe included reviews and articles on the SWB of older adults in the Web of Science Core Collection published from 2002 to 2021. We used CiteSpace to draw a knowledge map of the authors, institutions, countries, references, and keywords for visual analysis and used Microsoft Excel tables to count basic information details.ResultsA total of 354 papers (...) were included, and the number of papers published over the past two decades showed a pattern of growth. The core force of publications was primarily attributed to studies conducted in Europe, North America, Asia, and Oceania, which have relatively major issues of aging and good economic strength. However, links between states, institutions, and authors were relatively weak. Cluster analysis showed that the research field could be divided into eight topics: the application of social psychology in the study of the SWB of older adults, aging in older adults, health condition of older adults, achieving successful aging, interventions for SWB, age differences in SWB research, an economic perspective of SWB research and social support for older adults. Current research frontiers are socioeconomic status, community, intervention, participation, adjustment, validation, and personality.ConclusionThe results of the present study provided a comprehensive picture in the research field of SWB of older adults. It showed that the mechanism, especially the bidirectional effect, between the SWB of older adults and its influencing factors is still worthy of further exploration. More research on evidence-based and intervention strategies should be conducted in the future. (shrink)

Modern epistemology is reluctant to presume the objectivity of a mental event. Because a valid theory of knowledge is subjected to objective standards of rationality, the invocation of a transcendent ground of existence termed ‘god’ is deemed extra‐systematic. This reference lacks warrant because it fails to satisfy the impartial criteria methodologically basic to contemporary paradigms of knowledge. Still the biochemist Arthur Peacocke (1924–2006) claimed defensible public truth for an ultimate reality based on the ‘supremely’ rational nature of existence; it is (...) the further contention of this paper that there are intelligible patterns to the universe whose discovery is incapable of ‘objective’ explanation. By failing to meet these criteria, however, they do not fall into irrationality, still less do they disqualify or exclude themselves from public consideration; quite the opposite. There are perhaps depths to human experience then, including science, to which an existentialist epistemology is appropriate. In this connection the philosophy of Karl Jaspers (1883–1969) provides a compelling account of the transition of scientific research into aesthetics and theological discourse. (shrink)

The paper suggests a novel methodology for determining the state of legal doctrine on a particular issue by legal scholars. This methodology is inspired by the philosophical field of phenomenology. In particular, the tool of eidetic reduction developed by Edmund Husserl is applied to reach inter-subjectively valid assessments of doctrine. The methodology developed here argues that scholars who wish to discover legal doctrine on a particular issue need to first define general paradigms that explain the relevant legal field. Then, they (...) should develop a hypothesis about the law on the particular issue that concurs with the essential qualities of all these paradigms. Finally, to determine if a hypothesis about the content of the law should be accepted or rejected, it must be checked against legal sources that often include judgments. Reasoning by analogy should be used to learn from judgments with the same policy implications as the doctrine suggested by the hypothesis. The paper offers several heuristics—demonstrated with examples from international law—that can be used to find judgments that have the same policy implications without determining conclusively what these implications are. (shrink)

In this paper, it is argued that only in the section on dialectic in the Critique of Judgment does Kant reach a definitive and conclusive version of deduction, after discovering the concept of the supersensible. In the section on the deduction of pure aesthetic judgments, Kant does not satisfactorily explain the critical distinction between the sensible nature of humanity and the supersensible nature of human reason presupposed in the concept of universal communicability. While the concept of the supersensible illustrates (...) this distinction, it is only through this concept that Kant that can justify the specific possibility of claiming subjective validity in taste. The priority of the solution found in the dialectic is illustrated not only by a comparative analysis of the two sections, but also by a historical reconstruction of the process of the formation of the work, which shows that the first formulation of the concept of validity coincides with the use of the concept of the supersensible. (shrink)