Although in some contexts the notions of an ordinary argument’s presumption, assumption, and presupposition appear to merge into the one concept of an implicit premise, there are important differences between these three notions. It is argued that assumption and presupposition, but not presumption, are basic logical notions. A presupposition of an argument is best understood as pertaining to a propositional element (a premise or the conclusion) e of the argument, such that the presupposition is a necessary (...) condition for the truth of e or for a term in e to have a referent. In contrast, an assumption of an argument pertains to the argument as a whole in that it is integral to the reasoning or inferential structure of the argument. A logical assumption of an argument is essentially a proposition that must be true in order for the argument aside from that proposition to be fully cogent. Nothing that is both comparable and distinguishing can be said about presumptions of arguments. Rather, presumptions of arguments are distinctively conventional; they are introduced through conventional rules (e.g., those that concern how to treat promises). So not all assumptions and not all presuppositions of arguments are presumptions of those arguments, although all presumptions of arguments are either assumptions or presuppositions of those arguments. This account avoids making the (monological) notion of presumption vacuous and dissolving the distinction between assumption and presumption, which is a vulnerability of alternative views such as Hansen’s and Bermejo-Luque’s, as is shown. (shrink)

The present study partly supports, partly corrects, and partly complements recent discussions of Arius Didymus fr. 23 and fr. 25 Diels, Aetius I, 20, 1 and Sextus Empiricus AM X, 3-4 = PH III, 124. It proposes a comprehensive interpretation of the first text (A.I), defends the attribution of its content to Zeno of Citium (A.II), interprets the Stoic definitions of space, place and void to be found in the other sources (B.I) and again vindicates the attribution of the core (...) definitions to Zeno (B.II). The central methodological principle is the presumption of innocence for sources.The main conclusions of (A) are: 1. Arius Didymus' fr. 23 deals only with the coherence and the structure of the cosmos, not with its immobility; 2. The coherence of the cosmos, as that of any object, is determined by its hexis which pushes its parts towards its centre; 3. The structure of the cosmos, its stratification into the four concentric spheres of the elements, is determined by the combined effect of (a) the thrust downwards they all undergo from the cosmos' hexis; (b) their own natural weight or lightness and (c) the relative quantitative values of these weights or lightnesses; 4. The reasons adduced against Zeno's authorship are not based on the evidence but on the now prevalent disparaging sceptical approach towards Stobaeus' way of excerpting from Arius.The main conclusions of (B) are: 1. There is no deep contradiction between the various de finitions of space ascribed by our sources to Zeno, Chrysippus and the Stoics in general: what Chrysippus denied was the form of the de finition attributed to Zeno by Aetius, not the concept de fined, even though this form seems to have prevailed later in the school; 2. There is no good reason therefore to question its ascription to Zeno as some modern researchers have done; 3. Here again the error is due to a predominantly sceptical approach towards the reliability of our sources. (shrink)

This article explores the trend of increasing automation in law enforcement and criminal justice settings through three use cases: predictive policing, machine evidence and recidivism algorithms. The focus lies on artificial-intelligence-driven tools and technologies employed, whether at pre-investigation stages or within criminal proceedings, in order to decode human behaviour and facilitate decision-making as to whom to investigate, arrest, prosecute, and eventually punish. In this context, this article first underlines the existence of a persistent dilemma between the goal of (...) increasing the operational efficiency of police and judicial authorities and that of safeguarding fundamental rights of the affected individuals. Subsequently, it shifts the focus onto key principles of criminal procedure and the presumption of innocence in particular. Using Article 6 ECHR and the Directive (EU) 2016/343 as a starting point, it discusses challenges relating to the protective scope of presumption of innocence, the burden of proof rule and the _in dubio pro reo_ principle as core elements of it. Given the transformations law enforcement and criminal proceedings go through in the era of algorithms, big data and artificial intelligence, this article advocates the adoption of specific procedural safeguards that will uphold rule of law requirements, and particularly transparency, fairness and explainability. In doing so, it also takes into account EU legislative initiatives, including the reform of the EU data protection _acquis_, the E-evidence Proposal, and the Proposal for an EU AI Act. Additionally, it argues in favour of revisiting the protective scope of key fundamental rights, considering, _inter alia_, the new dimensions suspicion has acquired. (shrink)

Primary object of interest of mathematicians can be identified as a „mathematical matter”, the concept analogous to „physical matter” or „biological matter”. The „mathematical matter” is the soil upon which mathematics grows. One can distinguish three levels of it: some abstract but not necessarily clear conceptions, operational notions (like number) but not necessarily openly defined, theories not necessarily axiomatic. The „mathematical matter” originates in the abstract reflection upon events and forms in time and space. Its important elements are (...) notions formed mostly in the process of idealization and/or abstraction. Once formed, notions usually evolve being, e.g., simplified or complexified. Mathematics is a mirror of the world, most abstract and therefore fundamental. Although it is a free activity of human mind, mathematics reflects some deep ideas (beauty, simplicity etc.) while most interesting notions come up in tension fields between pairs of poles: the notion of a function can be seen as a bridge connecting variability and immutability, while that of a limit – connecting finiteness and infinity. A fusion of freedom and internal restrictions leads to mathematics which is simple, beautiful and effective. (shrink)

Philosophy, political philosophy and legal philosophy are all concerned with issues of justice and the validity of law (also known as the force of law ). These two problem areas are discussed against the background of the intersection of traditional theories of natural law and legal positivism, mediated by the contribution of the historical school. In addition the influence of the two neo-Kantian schools of thought (Baden and Marburg) required attention, particularly because certain elements in the thought of Derrida, (...) Dooyeweerd and Habermas are (implicitly) influenced by these schools. Derrida positions the problem of justice within the context of distinguishing universality and singularity (what is unique) and he alludes to the difficulty of bridging the gap between the two. It turned out that modern nominalism had an important effect on all three of the mentioned thinkers, in spite of their willingness to recognize “extra-mental” forms of universality. The problem of legal validity (the “force of law”) appears to be an instance of the interconnectedness between different aspects of reality, namely the jural and the physical . In order to account for this coherence Dooyeweerd developed a theory in which both the uniqueness and coherence between different aspects are explained in terms of inter-modal analogies. On this basis the difference between law and justice is specified by distinguishing between constitutive legal principles and the regulatively deepened (disclosed) principles of legal morality (such as f ault, equity, bona fides and so on). It will be shown that the idea of positivization , shared by thinkers coming from different backgrounds, is an important ingredient of an understanding of the nature of legal validity . Explaining it will require a focus on the nature of state law, of the power of the state, and of the legal competence entailed in the office of government. (shrink)

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

Analogies between classical statistical mechanics and quantum field theory played a pivotal role in the development of renormalization group methods for application in the two theories. This paper focuses on the analogies that informed the application of RG methods in QFT by Kenneth Wilson and collaborators in the early 1970's. The central task that is accomplished is the identification and analysis of the analogical mappings employed. The conclusion is that the analogies in this case study are formal analogies, and (...) not physical analogies. That is, the analogical mappings relate elements of the models that play formally analogous roles and that have substantially different physical interpretations. Unlike other cases of the use of analogies in physics, the analogical mappings do not preserve causal structure. The conclusion that the analogies in this case are purely formal carries important implications for the interpretation of QFT, and poses challenges for philosophical accounts of analogical reasoning and arguments in defence of scientific realism. Analysis of the interpretation of the cutoffs is presented as an illustrative example of how physical disanalogies block the exportation of physical interpretations from from statistical mechanics to QFT. A final implication is that the application of RG methods in QFT supports non-causal explanations, but in a different manner than in statistical mechanics. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:305 HUME, HENRY MORE AND THE DESIGN ARGUMENT This paper is a contribution to research on the sources of Hume's statement of the design argument, whose analysis is the great subject of Dialogues Concerning Natural Religion. My surmise is that Hume's statement is probably his own. It is not a direct quotation from any source, but more 2 likely a fabrication drawn from several sources which presents the strongest (...) statement Hume could devise. My aim here is to demonstrate that one of Hume's sources is the works of Henry More (16141687 ). By a comparison of their language I mean to show the extent to which Hume drew on More for his formulation of the design argument. One of More's works, Divine Dialogues (1688), could have been Hume's modern example for treating the design 4 argument in a dialogue. It could have given Hume pointers for the organization, tone and characters of his own Dialogues. On a large view, the whole of Pialogues Concerning Natural Religion, with their artful match of position and counter-position, can be seen as a statement of the design argument. But on a close view, we can distinguish specific elements in Hume's statement; and for three of these elements we can show a close parallelism between Hume and More. The elements in Hume's statement to be considered here are.· (1)Cleanthes' introduction of the design argument in Part II, paragraph 5; (P 143) (2)"instances of design" offered by Cleanthes; (D 154, 185) and 306 (3) completing Hume's exposition of the design argument, Parts X and XI of the Dialogues, with their questions about the implications of human misery and the ill-workings of the world for the wisdom and benevolence of the universe maker (D 193-213). In addition to parallelisms between Hume and More at these points, there are a few straws in the wind that are worthy of mention. To pave the way for these comparisons, let me set out More's statements of the design argument. There are three of them. (1) More's first statement of the design argument occurs in An Antidote against Athéisme, (1652). The second of this work's three books is devoted to the design argument. Here is one of the earliest statements of the design argument in English; and it may be its first statement in an English work that is philosophical, rather than devotional or theological, and intended to convince solely on the basis of reasonable arguments. More sets out of the argument in three parts. First, there is the introductory remark: "...I would have my atheist walk with me awhile in the wide theater of this outward world, and diligently to attend to those many and most manifest marks and signs that I shall point to in this outward frame of things, that naturally signify unto us that there is a God" (AA 37-38). The 'walk' covers the next sixty pages, wherein More lists feature after feature of the world that he finds to instance divine design. At the end of this extensive catalogue, More then draws his conclusion: Wherefore the whole creation in general and every part thereof being so ordered as if the most exquisite reason and knowledge had contrived 307 them, it is natural to conclude that all this is the work of a wise God, as at first sight to acknowledge that those inscribed urns and coins digged out of the earth were not the products of unknowing nature, but the artifice of man (AA 97). (2)More's second statement of the design 7 argument is in The Immortality of the Soul (1659). More establishes to his satisfaction that matter is in motion, because "...when God created it, he D superadded an impress of Motion upon it...." That conclusion paves the way for the following paragraph: We have discovered out of the simple phenomenon of motion, the necessity of the existence of some incorporeal essence distinct from matter: but there is a further assurance of this truth, from the consideration of the order and admirable effect of this motion in the world. Suppose matter could move itself, would mere... (shrink)

I argue that by considering Kant’s engagement with previous theorists of natural right, we can gain a clearer understanding of how he transformed the discipline from its foundations. To do this, I focus my analysis on Kant’s (critical) reception of two models of natural right with which he was very familiar: one from Alexander Baumgarten’s Elements of First Practical Philosophy [Initia philosophiae practicae primae], the other from Gottfried Achenwall’s Natural Law [Ius naturae]. The Initia served as a basis for (...) Kant’s lectures on moral philosophy for over three decades and may thus be considered as having played an important role in shaping his practical philosophy as a whole. Achenwall’s Ius naturae was the textbook that Kant employed in his lectures on natural right for over two decades. I argue that Kant distances himself from previous models of natural right in three main regards: the identification of moral laws with laws of nature, the normative connection between the principles of right and a natural end, and the place of God as the author of moral laws. I then briefly discuss what Kant retains of Baumgarten’s and Achenwall’s models of natural right. Kant’s Metaphysics of Morals preserves the view that a rational doctrine of right belongs to a broader systematic doctrine that comprehends the entire system of duties. I address the question of the division of the Sittenlehre into two branches and claim that, whereas Kant did not consider Baumgarten’s answer to the problem of distinguishing juridical from ethical principles to be satisfactory, he found a key piece of his own resolution in Achenwall’s Ius naturae, namely the definition of right as a power to coerce. (shrink)

According to an important analogy between knowledge and action, as proposed by Timothy Williamson, intention aims at action just as belief aims at knowledge. This paper investigates the analogy and discusses three difficulties that it has to face. The key is to distinguish between two different norms of intention and to see that the knowledge-action analogy is concerned with one of them only, namely, the realization norm: one ought to intentionally act if one intends to act in (...) a certain way. A modification will be proposed that replaces intention by correct intention, and some work will be done with the aim of uncovering a frame for how to properly understand the analogy and what it ultimately is grounded on, namely, the normativity of capacities that are in the business of generating various states and of realizing one’s correct intentions. Thus, a modified knowledge-action analogy will be vindicated in the end. (shrink)

There is a substantial literature on the Bayesian approach, and the application of Bayes'' theorem, to legal matters. However, I have found no discussion that explores fully the issue of how a Bayesian juror might be led from an initial "presumption of innocence" to the judgment (required for conviction in criminal cases) that the suspect is "guilty beyond a reasonable doubt". I shall argue here that a Bayesian juror, if she acts in accord with what the law prescribes, (...) will virtually never reach such a judgment. In section I, I discuss Bayesianism, Bayes'' rule and the relation between them. Section II addresses the two legal notions key to my worries about Bayesian jurors: the presumption of innocence and the reasonable doubt criterion. Section III explores what a Bayesian is to make of these notions, and how the legal system requires her to reason in their light. If I am right, there emerges a conflict between current legal prescriptions and the Bayesian approach. Section IV explores the import of this conflict and how it might be resolved. (shrink)

The personality and the writings of Marsilio Ficino mark the turning point from the middleages to the Renaissance. In John Marenbon’s apt description, medieval philosophy is ‘the story of a complex tradition founded in Neoplatonism, but not simply as a continuation or development of Neoplatonism itself’. ‘Not simply’ because the Enneads, the first and finest flowering of that tradition, testify to Plotinus’ deep engagement, not only with the thought of Plato, Aristotle, the Stoics and the Middle Platonists, but also with (...) a variety of theologico-mystical writings of diverse middleeastern provenances, from Egypt to Persia. This complex tradition, Ficino transmitted to the West in the form of translations from Greek into Latin of the dialogues of Plato and the Enneads of Plotinus as well as of several commentaries on those texts by later thinkers. In addition to such exegetical works, Ficino wrote several philosophical treatises of his own. Finally, as an ordained priest, he was also well acquainted with the writings of the Church Fathers, all of which had contributed to his belief that religion should not be separated from philosophy. To the completion of this ambitious scholarly programme and the fulfilment of his commitment to the Church, he brought the resources of his powerfully syncretistic mind. Rather than merely combining various texts and traditions, he made them speak to each other and, in the process, evolved a system that was both sui generis and attuned to the new ways of thinking that were then emerging in quattrocento Florence. His in-depth understanding of all these texts, together with his ability to spot similarities, analogies and correspondences between them, enabled him to fuse into a coherent system various elements which a modern historian of philosophy would regard as dissimilar if not incompatible. His philosophical acumen enabled him, when he thought it appropriate, to improve on the views of those he regarded as his masters and to fill whatever gaps he found in their arguments. The present essay is an attempt to unravel the nature of Ficino’s syncretism, in which three levels of widening scope will be distinguished: authorial, trans-authorial and trans-doctrinal. To achieve a desirable level of both precision and concision, a short text will then be analysed, namely Speech Five of his most widely read treatise, a Latin commentary on Plato’s Symposium, entitled Commentarium in Convivium Platonis De Amore. It will be shown how, through the fictional speech that he put in the mouth of Marsuppini, his chosen spokesperson of the Platonic Agathon, Ficino succeeded, not only in blending Platonic, Plotinian and Christian elements in the reconstruction of an argument that Plato had meant us to regard as flawed to the core, but he also composed an elegant and original speech that continues to intrigue and enchant its readers after a gap of over six centuries. (shrink)

Throughout the years a lively debate has flourished around niche construction theory. A source of contention has been the distinction between narrow and broad construction activities proposed by critics. Narrow construction is limited to the production of evolutionarily advantageous artifacts while broad construction refers to construction activities that have an impact on the ecosystem but offer little or negative adaptive feedback to the organisms. The first has been acknowledged as relevant to evolutionary studies in that it increases species’ fitness (...) and it is genetically inherited, while the second has been dismissed as accessory and irrelevant. I argue this distinction is unsatisfactory and leads to misinterpreting the achievements of niche construction theory. Instead I propose a three-tier categorization of constructionism (literal, analogical, and figurative) based on the analysis of the metaphor of construction itself. I show metaphors are not a mere rhetorical device but represent an instrument through which theories evolve and introduce new elements. In fact through this categorization I will be able to highlight two innovative features of constructionism: the introduction of reciprocal causation as a main causal framework and the expansion of studies about evolution to large frameworks involving multiple levels of biological organization. I will show their role in each of the three kinds of construction in order to offer a better understanding of the distinctive features of the niche construction approach. The innovations introduced encourage the revision of the concepts of adaptation and enlarge the range of phenomena to be considered relevant in biological studies. (shrink)

Time is central to Luhmann’s writings on social systems. Social systems, as systems of meaning, operate within three dimensions: factual, social and temporal. Each of these dimensions entails selections of actualities from potentialities (or contingencies) within horizons. Whilst the factual dimension involves selections based on distinguishing ‘this’ from ‘something else’, and the social distinguishes between alter and ego (asking with respect to any meaning whether another experiences it as I do), the temporal dimension operates with the primary (...) distinction of before and after. In the temporal dimension, everything is ‘ordered only according to the when and not to the who/what/where/how of experience and action’ (Luhmann in Social systems. Stanford University Press, Stanford, 1995, p. 78). In this paper, we explore the connection between the temporal dimension of meaning within the legal system and its connection to justice. We begin by setting out succinctly the role played by justice within the legal system, as presented by Luhmann, particularly in his book Law as a social system (2004). From this beginning, we move on to consider the relationship between law, justice and time, taking two examples. The first is the temporality of judicial decisions. The second concerns the relationship between the temporal meaning of law’s own operations, and the presumption of innocence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Spiritual Experience and Psychopathology”Francis G. Lu (bio), David Lukoff (bio), and Robert P. Turner (bio)Jackson and Fulford have written an impor-tant paper which addresses an area of increasing interest in the United States—the relationship between religious/spiritual experiences and psychopathology. Using primarily the Present State Examination as the diagnostic framework, the authors describe in rich clinical detail three patients where certain phenomena lead to a possible (...) diagnosis of schizophrenia. However, the patients’ outcomes were uniformly positive—how can this be? The authors argue persuasively for the importance of a contextual assessment “in which psychotic phenomena themselves are embedded in the values and beliefs of the person concerned.” In this commentary, we will first present innovations in the DSM-IV relevant to cultural and religious/spiritual issues, which complement the authors’ conclusions, and then comment upon the paper from this perspective.In the DSM-IV Introduction (1994), a section entitled “Ethnic and Cultural Considerations” provides a rationale for innovations in DSM-IV that better enables its use with culturally diverse individuals: “A clinician who is unfamiliar with the nuances of an individual’s cultural frame of references may incorrectly judge as psychopathology those normal variations in behavior, belief, or experience that are particular to the individual’s culture. For example, certain religious practices or beliefs (e.g., hearing or seeing a deceased relative during bereavement) may be misdiagnosed as manifestations of a Psychotic Disorder” (xxiv). In the introduction, three types of information are cited: 1) sections entitled “Age, Gender and Cultural Considerations” in the text of ninety diagnostic categories discuss clinical variations due to these factors; 2) an Outline for Cultural Formulation designed to assist the clinician in systematically evaluating and reporting the impact of the individual’s cultural context; and 3) a Glossary of Culture-Bound Syndromes. These innovations, based on recommendations of the NIMH Workgroup on Culture, Diagnosis and Care to the Task Force on DSM-IV, are described in extensive detail in an important recent book (Mezzich, Kleinman, Fabrega, and Parron 1996).As an example of the importance of the Age, Gender, and Cultural Consideration section relevant to religious and spiritual experiences, consider the section in the text describing schizophrenia, where the following appears: “Clinicians assessing the symptoms of Schizophrenia in socioeconomic or cultural situations that are different from their own must take cultural differences into account. Ideas that may appear to be delusional in one culture (e.g., sorcery and witchcraft) may be commonly held in another. In some cultures, visual or auditory hallucinations with a [End Page 75] religious content may be a normal part of religious experience (e.g., seeing the Virgin Mary or hearing God’s voice)” (281). Secondly, in the analogous section of the text describing Brief Psychotic Disorder, the following appears: “It is important to distinguish symptoms of Brief Psychotic Disorder from culturally sanctioned response patterns. For example, in some religious ceremonies, an individual may report hearing voices, but these do not generally persist and are not perceived as abnormal by most members of the person’s community” (303).The Outline for Cultural Formulation provides the clinician a concise tool to specify the following information concerning the cultural context that is relevant to clinical care: cultural identity of the individual, cultural explanations of the individual’s illness, cultural factors related to psychosocial environment and levels of functioning, cultural elements of the relationship between the individual and the clinician, and overall cultural assessment for diagnosis and care. Religion is explicitly mentioned in the third section so as to encourage the assessment of “the role of religion... in providing emotional, instrumental, and information support” (1994, 844). This outline for cultural formulation is more fully explicated in a recent chapter by Lu, Lim, and Mezzich (1995).A major innovation in DSM-IV relevant to this topic is the new diagnostic category entitled Religious or Spiritual Problem defined as follows: “This category can be used when the focus of clinical attention is a religious or spiritual problem. Examples include distressing experiences that involve loss or questioning of faith, problems associated with conversion to a new faith, or questioning of spiritual values that may not necessarily be related to an organized... (shrink)

The central thesis of this paper is that the scope and structure of Hume's Treatise of Human Nature is modelled, or planned, after that of Hobbes's The Elements of Law and that in this respect there exists an important and unique relationship between these works. This relationship is of some importance for at least two reasons. First, it is indicative of the fundamental similarity between Hobbes's and Hume's project of the study of man. Second, and what is (...) more important, by recognizing this relationship between Hume's and Hobbes's works we can come to appreciate the unity of the project of the Treatise itself. My discussion will proceed in three stages. In section I present the evidence for my central thesis. In the second section I shall consider why Hume does not, as one might expect, acknowledge this important debt to Hobbes in the Introduction to the Treatise or in the Abstract. Finally, in the third section I shall note a few points of some importance to the understanding of Hume's philosophy which this relationship between Hobbes's and Hume's work touches upon. (shrink)

It is commonly held that the idea of natural rights originated with the ancient Greeks, and was given full form by more modern philosophers such as John Locke, who believed that natural rights were apprehensible primarily to reason. The problem with this broad position is three-fold: first, it is predicated on the presumption that the idea of rights is modern, biologically speaking ; second, it makes it appear that reason and rights are integrally, even causally, linked; finally, it (...) legitimizes debate about just what rights might be, even in their most fundamental essence. In consequence, the most cherished presumptions of the West remain castles in the air, historically and philosophically speaking. This perceived weakness of foundation makes societies grounded on conceptions of natural right vulnerable to criticism and attack in the most dangerous of manners. Most of the bloodiest battles and moral catastrophes of the twentieth century were a consequence of disagreement between groups of people who had different rationally-derived notions of what exactly constituted an inalienable right . If natural rights are anything at all, therefore, they better be something more than mere rational constructions. The adoption of a much broader evolutionary/historical perspective with regards to the development of human individuality and society allows for the generation of a deep solution to this problem—one dependent on a transformation of ontology, much as moral vision. Such a solution grounds the concept of sovereignty and natural right back into the increasingly implicit and profoundly religious soil from which it originally emerged, and provides a rock-solid foundation for explicit Western claims for the innate dignity of man. (shrink)

Is there—or rather, ought there to be—a presumption of atheism, as Antony Flew so famously argued nearly half a century ago? It is time to revisit this issue. After clarifying the concept of a presumption of atheism, I take up the evaluative question of whether there ought to be a presumption of atheism, focusing on Flew’s arguments for an affirmative answer. I conclude that Flew’s arguments, one of which rests on an analogy with the (...) presumption of innocence, fail. (shrink)

This article discusses possible ways to account for how solidarity comes to be constituted. Beyond accounts tying solidarity either to identity, or to the adherence to a common normative framework, recent scholarship has underscored the role played by collective action in bringing about solidarity. In this paper, I agree that collective action has been often overlooked as a fundamental element in constituting solidarity but warn against the risk of conceptualizing the source of solidarity exclusively in terms of action. Instead, I (...) propose to understand solidarity as resulting from the continuous interaction between two different dimensions of solidarity: constitutive solidarity that centres on collective action, and constituted solidarity which centres on given identities. My paper begins by distinguishing the two meanings of solidarity – constituted and constitutive. The first referring to an (instituted) set of mutual obligations applying to a given group, the second referring to solidarity as underlying social bond, which establishes the solidarity group in the first place. The paper then goes on to discuss three different accounts of constitutive solidarity: identity-based, obligations-based and action-based. I argue that only the action-based account can conceptualise the coming about of new forms of solidarity and the changing scope of the solidarity group. Yet, such accounts are unable to conceptualise how constitutive solidarity can come to ground constituted forms of solidarity, able to endure through time. On this basis, I propose to interpret constitutive and constituted solidarity as two ‘moments’ of solidarity, one symbolically grounding the other, even if not through linear causation. Rather, constitutive solidarity is constantly evolving and constantly contributes to remap the identities depicting social reality, which ground constituted forms of solidarity. (shrink)

This article distinguishes between philosophy for managers and philosophy of managers. Philosophy for managers is prescriptive advice concerning the content of wisdom in practical judgment and action. Managers in action rely on a self-constructed operational code – a concept borrowed here from earlier literature – that unavoidably emphasizes turf, reputation, and coalition in career advancement. The organization is a political arena for decisions, resources, and career opportunities. While elements of operational philosophy are addressed in formal management education, treatment (...) is haphazard and fragmented in a way that leaves managers to develop a personal operational philosophy. How managers address these elements depends on whether they are idealists, realists, or social darwinists in personal philosophy. The author develops these three options as illustrative categories of operational codes for managers. (shrink)

Chapter 1 First Person Access to Mental States. Mind Science and Subjective Qualities -/- Abstract. The philosophy of mind as we know it today starts with Ryle. What defines and at the same time differentiates it from the previous tradition of study on mind is the persuasion that any rigorous approach to mental phenomena must conform to the criteria of scientificity applied by the natural sciences, i.e. its investigations and results must be intersubjectively and publicly controllable. In Ryle’s view, philosophy (...) of mind needs to adopt an antimentalist stance to achieve this aim. Antimentalism not only definitively rejects the idea that mind is a substance separated from the body, it also denies that mental phenomena radically differ from physical phenomena by virtue of several unique features. Most problematically, mental phenomena have a conscious character (mental states are related to specific qualitative feelings) and are accessible only to the first-person (only the subject knows directly what s/he is experiencing inside his/her mind). Ryle takes a strong stance on antimentalism going so far as to maintain that an approach to mind which aims to meet the criteria of scientificity set by the natural sciences must avoid any reference to internal, unobservable mental states. In his view (which is considered a specifically philosophical version of psychological behaviorism and also addresses questions put forward in psychological research), mental states can be redescribed in terms of behavioral dispositions. In this chapter, we address the historical roots of the antimentalist view and analyze its relation to the later tradition of research on mind. We show that, compared to the antimentalist stance, functionalism and cognitivism take a step back when they maintain that direct reference to mental states is necessary since mental states cause and therefore explain human behavior. This step backwards is often interpreted as a return to mentalism. However, this is only partially true. Indeed, we suggest that these later traditions retain one important element of Ryle’s antimentalism, i.e. the idea that mental states must be uniquely identified using external and publicly observable criteria, while excluding any reference to introspection and those qualitative dimensions of a mental state, which are accessible only to the first-person. According to the perspective we put forward, this epistemological stance has continued to influence contemporary research on mind and current philosophical and psychological theories which both tend to exclude the subjective qualities of human experience from their accounts of how the mind works. The issue we raise here is whether this is legitimate or whether subjective qualities do play a role with respect to the way our mind works. The conclusion of this chapter anticipates the argument the book makes in in favor of this latter position, starting from a particular angle, i.e. the problem of how we categorize concepts related to our internal states. -/- Chapter 2 The Misleading Aspects of the Mind/Computer Analogy. The Grounding Problem and the Thorny Issue of Propriosensitive Information -/- Abstract. After the crisis of behaviorism, cognitivism and functionalism became the predominant models in the field of psychology and of philosophy, respectively. Their success is mainly due to the new key they use for interpreting mental processes: the mind/computer analogy. On the basis of this analogy, mental operations are seen as cognitive processes based on computations, i.e. on manipulations of abstract symbols which are in turn understood as informational unities (representations). This chapter identifies two main problems with this model. The first is how these symbols can relate to and communicate with perception and thus allow us to identify and classify what we perceive through the senses. Here we limit ourselves to presenting this issue in relation to the classical symbol grounding problem originally put forward by Harnad on the basis of Searle’s Chinese room argument. An attempt to address the problem raised here will be made in chap. 3. The second point we discuss in relation to the mind/computer analogy concerns the idea of information it fosters. Indeed, following this analogy, information is something available in the external world which can be captured by the senses and transmitted to the central system without being influenced or modified by the procedures of transmission. This perspective does not take into account that – unlike computers – in living beings information is acquired by means of the body. As Ulric Neisser has already pointed out, the body is itself an informational source that provides us with additional sensory experience that influences (modifies or complements) the information extracted from the external world by the senses. To develop this line of analysis and to determine exactly what information is provided by the body and how this might influence cognition, we examine Sherrington’s and Gibson’s positions. Moving on from their views, we qualify bodily information in terms of ‘proprioception’. We use ‘proprioception’ in a broad sense to describe any kind of experience we have of our internal states (including postural information as well as sensations related to the general state of the body and its parts). Following Damasio’s and Craig’s studies, we further elaborate this position, arguing that living beings are equipped with an internal propriosensitive monitoring system which maps all the changes that constantly occur in our body and that give us perceptual (‘proprioceptive’ or propriosensitive) information about what happens inside us. Moreover, relying on Goldie’s and Ratcliffe’s view, we show that emotional information can also be considered as a form of ‘proprioception’ which contributes to determining everything we perceive. This analysis leads us to the second main thesis of this book: ‘proprioception’ is a form of internal perception and it is an essential component of the sensory information we can access and use for all cognitive purposes. -/- Chapter 3 Semantic Competence from the Inside: Conceptual Architecture and Composition -/- Abstract. Concepts are essential constituents of thought: they are the instruments we use to categorize our experience, i.e. to classify things and group them together in homogeneous sets. Here we define concepts as the internal mental information (representations) that allows us, among other things, to master words in natural language. By analyzing the way in which individuals master word meanings we explore a number of hypotheses regarding the nature of concepts. Following Diego Marconi’s research, we differentiate between two kind of abilities that underpin lexical competence – so-called ‘referential’ and ‘inferential competence’ – and we suggest that, in order to support these abilities, concepts must also include two corresponding kinds of information, i.e. inferential and referential information. We point out that the most widely used and acknowledged theories of concepts do not make this distinction, instead broadly characterizing the information used for categorization in terms of propositionally described feature lists. However, we show that while feature lists can explain inferential competence, they do not account for referential competence. To address the issue of referential competence we examine Ray Jackendoff’s hypothesis that to account for the possibility of linking perceptual and conceptual information we need to assume the existence of a (visual) representation that encodes the geometric and topological properties of objects and bridges the gap between the percept and the concept. Furthermore, we analyze the extension of this work by Jesse Prinz who introduced the notion of a proxytype, a perceptual representation of a class of objects that incorporates structural and parametric information related to their appearance. However, as we point out, proxytypes can only explain the relationship between perception and concepts with respect to instances that can be perceived through the senses and that belong to the same class by virtue of their physical similarity. We suggest that this notion be extended to include larger conceptual classes. To accomplish this, we further develop Mark Johnson, George Lakoff and Jean Mandler’s idea of a schematic image and argue that conceptual representations include a perceptual schema. Perceptual schemata are non-linguistic, structured experiential gestalts (patterns or maps) that make use of information taken from all sensory modalities, including body perception. They accomplish a quasi-conceptual function: they allow us to recognize and to classify different instances. In this work, we hypothesize that perceptual schemata are an essential component of concepts, but not identical to them. Instead, we suggest that concepts include both perceptual and propositional information with perceptual schemata providing the ‘perceptual core concept’ that grounds related propositional information. -/- Chapter 4 In the Beginning There Were Categories. The Bodily Origin of Prelinguistic Categorical Organization: The Example of Folkbiological Taxonomies -/- Abstract. Studies of categorization in psychology and the cognitive sciences have made use of the notions of ‘category’ and ‘concept’ without precisely defining what is meant by either; in fact, often these terms have been used as synonyms, making it difficult to address specific issues related to conceptual development. This chapter begins by discussing the definitions of, as well as the distinctions between, ‘categories’ and ‘concepts’ in the classical philosophical tradition (Aristotle, Kant and Husserl). We introduce our view of categories with reference to Husserl. Categorization is defined as the way in which our experience is originally (pre-linguistically) organized in a passive and fully unconscious manner on the basis of universal structuring principles. Conceptualization is explained as a later process in which the earlier categorical macro-classes are further subdivided into more specific and detailed sets; this later process also relies on linguistic learning and exposure to culture. On the basis of Ray Jackendoff, Jean Mandler, George Lakoff and Mark Johnson’s work, we hypothesize that categorization is a two-step process that begins with the formation of homogeneous sets of entities partitioned into regions that describe the ontological boundaries of the objects that humans perceive (categories) and continues at a later stage with the development of more specific classifications (concepts). In this chapter, we mainly address three related issues: Why should we assume that there is categorical organization which precedes the development of a conceptual system? How do categories and concepts relate to each other? Shall we hypothesize that categories are innate or that they are formed before concepts on the basis of information and organizational structure available at a very early developmental stage? We show that categorical partitions are necessary for categorization and, following Mandler, that the general categories we form at an early age do not match our adult superordinate concepts. As for the third issue, we argue that there might be no need to assume that categories are innately present in the human mind, since their formation can be explained – at least in certain cases – by basic mechanisms that work on body (propriosensitive) information. This hypothesis will not be discussed in general, but in relation to a particularly relevant example of categorical partition, i.e. the folk-biological dichotomy between ANIMATE/INANIMATE. This is compared with other dichotomies that derive from it, but are not directly categorical such as LIVING/NON-LIVING and BIOLOGICAL/NON-BIOLOGICAL. -/- Chapter 5 Internal States: From Headache to Anger. Conceptualization and Semantic Mastery -/- Abstract. Here we ask if we can also apply the distinction between referential and inferential competence we introduced in Chapter 3 to words that do not refer to things that are perceived using the external senses, especially to words/concepts that denote bodily experiences (such as pain, thirst, hunger, etc.) or emotions. We introduce and discuss the hypothesis that – even though such words/concepts do not refer to intersubjectively identifiable entities in the external world – they do have a kind of referent that can be accessed via direct perception, more specifically ‘proprioception’, as we have defined it in terms of all propriosensitive information we can consciously access. In the first part of the chapter, we specifically consider terms denoting bodily experiences such as ‘pain’ or ‘hunger’ and argue that their referents are identified and classified from a first-personal point of view on the basis of four main characteristics: their specific intensity, their localization in the body, their co-occurrence with other signals and above all their specific qualitative sensations. Emotions are addressed in the second part of the chapter. We suggest that there is a continuity between bodily experiences and emotions. In particular, we argue for a perceptual theory of emotions in line with that proposed by James and Lange at the end of the 19th century and developed more recently by authors such as Damasio (see also chap. 2§5, §6). The hypothesis we put forward is that the referential information that supports the categorization of emotions and therefore also our mastery of terms referring to emotions consists in the perception (i.e. the ‘proprioception’) of those bodily states and changes in bodily states which constitute our emotional experience. In the context of this discussion we examine some objections to this line of reasoning that arise from a cognitivist perspective and following authors such as Oatley, Johnson-Laird and Frijda, we distinguish between basic emotions that can be identified and classified solely on the basis on how they feel and complex emotions whose identification and classification additionally depends on cognitive factors. To describe how emotions are identified and classified on the basis of how they feel, we rely on Marcel and Lambie’s distinction between an ‘emotion state’ and an ‘emotion experience’. Both notions indicate kinds of feelings that we consciously experience. However, they describe first-order and second order emotion awareness respectively. The emotion state is the feeling we have of the bodily states and changes that occur when we are experiencing an emotion, while the emotion experience is the fully developed and integrated emotion we both experience and are, with reflection, aware of experiencing. On the basis of this differentiation, we also show that the same characteristics that aid in the identification and classification of bodily experiences (specific qualitative sensations; somatic localization; specific intensity; presence/absence of specific concomitant sensations) can also be used for the identification and classification of emotions – at least basic emotions. In the last two sections of the chapter we present some clinical evidence on the semantic competence of people who suffer from Alexithymia and Autism Spectrum Disorder which supports the conclusions of our preceding analyses. -/- Chapter 6 The ‘Proprioceptive’ Component of Abstract Concepts -/- Abstract. In this chapter, we address the issue of whether the mastery of abstract words requires only inferential knowledge and thus, if the concepts that support the mastery of abstract words include only linguistic information. We start by differentiating the notions of ‘abstract’ and ‘general’ which are often erroneously confused. We then identify a strict definition of abstract, as contrasted with ‘concrete’, that applies to words or concepts whose referent cannot be experienced by the senses. We argue that abstract words/concepts would be better described as theoretical, because they are usually conceived as structured sets of inferential knowledge expressed linguistically; that is, as small theories. Pointing out parallels with Carnap’s analysis of this issue in philosophy of science, we hypothesize that words/concepts denoting non-observable entities are not all ‘equally theoretical’, because their link to sensory experience can be stronger or weaker. We revive the distinction, inspired by Quine, between theoretical and intertheoretical concepts/words. This distinction relies on the fact that the former – unlike the latter – retains a strong, although indirect, connection with perception. In Quine’s discussion, perception is understood uniquely in terms of observability, i.e. of external sensory experience. Here we argue, however, that bodily, ‘proprioceptive’ (i.e. propriosensitive) experience can also serve to referentially ground theoretical (i.e. abstract) concepts/words. We frame this issue using the example of the theoretical concept ‘freedom’ and Lakoff’s hypothesis that this concept is developed on the basis of bodily information. We contrast this with the example of ‘democracy’ which more closely resembles an intertheoretical concept/word. Furthermore, we show that one of the classical views put forward in psycholinguistic research to explain how abstract concepts are mentally represented – i.e. Paivio’s Dual Coding Theory – points in the same direction as our analysis. The same is true of Barsalou’s work suggesting that we use internal information to understand at least some abstract words. To sustain this position, we put forward two lines of evidence: the first comes from psycholinguistic studies while the second examines deficits of semantic competence exhibited by people with Autism Spectrum Disorder. On the basis of our analysis, we put forward a classification that distinguishes between different kinds of concreteness and different degrees of abstraction: concepts/words referring to body experiences and basic emotions are described as analogous to concrete concepts/words because they are grounded in perceptual (i.e. propriosensitive) experience, while abstract concepts/words are considered more or less abstract depending on whether they are intratheoretical (and rely entirely on inferential information) or theoretical (and are partially grounded in perceptual – or more often in propriosensitive perceptual – information). In the last section of the chapter we consider two scales that have been used in psycholinguistic research to measure the degree of concreteness vs. abstractness of words and we show that – used conjointly – they can provide a measure of the internal vs. external grounding of specific words. (shrink)

“The Will to Believe” defines the religious question as forced, living and momentous, but even in this article James asserts that more objective factors are involved. The competing religious hypotheses must both be equally coherent and correspond to experimental data to an equal degree. Otherwise the option is not a live one. “If I say to you ‘Be a theosophist or be a Mohammedan’, it is probably a dead option, because for you neither hypothesis is likely to be alive.” James, (...) WB, p. 3. Analogously, in A Pluralistic Universe James is at pains to convince the reader that his own religious hypothesis is just as “objective,” makes just as much sense, etc. as alternative possibilities: the “only thing I emphatically insist upon is that it [pluralistic pantheism] is a fully coordinate hypothesis with monism. This world may, in the last resort, be a block universe; but on the other hand, it may be a universe only strung along, not rounded in and closed. Reality may exist distributively just as it sensibly seems to, after all. On that possibility I do insist.”William James, A Pluralistic Universe (New York: Longmans, Green, and Co., 1909) p. 328.Here, once again, before the will to believe can be employed, the objective factors of competing hypotheses, their equal coherence and correspondence, must be brought out.When reconstructed, James' overall outlook has a “qausi Kuhnian” taint to it- though obvious differences remain. Much of what goes on in evaluating competing scientific hypotheses is either not forced, or not living, or not momentous, but rather “typical,” “dead,” and “avoidable,” in short very “normal.” But there are moments in the history of science where the decision between hypotheses might well be forced, living and momentous, and sometimes James comes close to recognizing this.Analogously, a good deal of what goes on in religion is not forced, not living or not momentous - in short it is all too “normal”. In The Varieties of Religious Experience for example, James proposes to ignore the institutional branch of the religious domain and to concentrate on personal and psychological factors, his reason being that the institutional aspect concentrates on the routine, the normal. “Worship and sacrifice, procedures for working on the dispositions of the deity, theology and ceremony and ecclesiastical organization, are the essentials of religion in the institutional branch. Were we to limit our view to it, we should have to define religion as an external art, the art of winning the favor of the gods.” James, VRE, p. 29. and again “The word ‘religion,’ as ordinarily used, is equivocal. A survey of history shows us that, as a rule, religious geniuses attract disciples, and produce groups of sympathizers. When these groups get strong enough to ‘organize’ themselves, they become ecclesiastical institutions with corporate ambitions of their own. The spirit of politics and the lust of dogmatic rule are then apt to enter and to contaminate the originally innocent thing; so that when we hear the word ‘religion’ nowadays, we think inevitably of some ‘church’ or other.” Clearly here religion has a normal, i.e. trivial side, just as does science. On the other hand, there are revolutionary moments in religion, such as that of choosing between theism and materialism in Pragmatism, or choosing among theism, monistic pantheism and pluralistic pantheism in A Pluralistic Universe. Such moments involve the will to believe and are clearly more personal than their counterparts in the domain of normal institutionalized religion. Going further, there are no doubt differences of degree between the will to believe decisions in science and the will to believe decisions in religion. These have been explicated in more specific terms by Ian Barbour in his article, “Paradigms in Science and Religion.” ...each of the ‘subjective’ features of science... is more evident in the case of religion: (1) the influence of interpretation on data, (2) the resistance of comprehensive theories of falsification, and (3) the absence of rules for choice among paradigms. Each of the corresponding ‘objective’ features of science is less evident in the case of religion: (1) the presence of common data on which disputants can agree, (2) the cumulative effect of evidence for or against a theory, and (3) the existence of criteria which are not paradigm-dependent. It is clear that in all three respects religion is a more ‘subjective’ enterprise than science. But in each case there is a difference of degree - not an absolute contrast between an ‘objective’ science and a ‘subjective’ religion. Ian Barbour, “Paradigms in Science and Religion,” in Paradigms and Revolutions, edited by Gary Gutting (Notre Dame: University of Notre Dame Press, 1980) pp. 242–43. Barbour correctly notes that the “...choice is not between religion and science, but between theism, pantheism, and naturalism, let us say, as each is expressed in a particular historical tradition. No basic beliefs are capable of demonstrable proof.”Ibid., p. 243. James sometimes comes close to recognizing this but his oscillation on the status of the everyday world of common sense, or the perceptual world, causes him not to see the issue clearly. When the animated world of the perceptual is taken as the all inclusive ‘really real,’ science is viewed as an abstract, second class citizen. But James offers what we would consider a more sophisticated and adequate perspective when he views the world of common sense, having become linguistified, as itself suspicious, and consequently views all three tiers - common sense, scholastic philosophy, and science - as “regional ontologies”, or “language games” in Wittgenstein's terminologySee Ludwig Wittgenstein, Philosophical Investigations, translated by G.E.M. Anscombe (New York: The Macmillan Company, 1953), paragraph 7, paragraph 23. For the notion of “regional ontology” see Edmund Husserl, Ideas, translated by W.R. Boyce Gibson (New York: Collier Books, Macmillan Publishing Company, Inc., 1962) p. 57ff; p. 158ff. - and opposes all three to a more primordial or prereflexive level. When James takes this second approach it is easier to see that the basic distinction he began to make in “The Will to Believe” was between the scientific and religious domain where the will to believe was to be employed, and the domain of “ordinary” religion and science. Finally this position anticipates his ultimate metaphysical outlook, viz. “pure experience” as approachable through language on a series of diverse regional levels, but nonetheless not completely describable within language. It is important to recall that in The Varieties of Religious Experience James distinguishes between the science of religions and what he calls living religion: [T] he science of religions may not be an equivalent for living religion; and if we turn to the inner difficulties of such a science, we see that a point comes when she must drop the purely theoretic attitude, and either let her knots remain uncut, or have them cut by active faith. James, VRE, p. 489. The study of religion, in short is not the activity of religion; the latter is animated, personal, and, we would argue, necessitates a commitment in terms of the will to believe. Once again, however, James hesitates over offering the same two-fold delineation in other areas of science. On the one hand he tells the reader that “science-has ended by utterly repudiating the personal point of view.”Ibid., p. 491. On the other hand, he offers the following comment a few pages later on in a footnote: ...the divorce between scientist facts and religious facts may not necessarily be as eternal as it at first sight seems, nor the personalism and romanticism of the world, as they appeared to primitive thinking, be matters so irrevocably outgrown. The final opinion may, in short, in some manner now impossible to forsee, revert to the more personal style, just as any path of progress may follow a spiral rather than a straight line. If this were so, the rigorously impersonal view of science might one day appear as having been a temporarily useful eccentricity rather than the definitely triumphant position which the sectarian scientist at present so confidently announces it to be.Ibid., p. 501, Footnote. The burden of this paper has been to indicate that when James' two-fold outlook on perception and/or common sense is properly reconstructed, the raproachment between science and religion is not so “impossible to forsee.”. (shrink)

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

At the beginning of Book X of his last work The Laws Plato turns his attention from violent and outrageous actions in general to the particular case of undisciplined and presumptuous behaviour in matters of religion: “We have already stated summarily what the punishment should be for temple-robbing, whether by open force or secretly. But the punishments for the various sorts of insolence in speech or action with regard to the gods, which a man can show in word or deed, (...) have to be proclaimed after we have provided an exordium. Let this be it: ‘No one believing, as the laws prescribe, in the existence of the gods has ever yet performed an impious action willingly, or uttered a lawless word. Anyone acting in such a way is in one of three conditions: either, first, he does not believe the proposition aforesaid; or, second, he believes that though the gods exist they have no concern about men; or, third, he believes that they can easily be won over by the bribery of prayer and sacrifice”. (shrink)

The presumption of innocence (POI) requires all judges, juries, and other officials in a trial, to presume and treat any accused of criminal wrongdoing as innocent, until he or she is proven guilty. Although a POI lacks an authoritative definition, this overarching principle of procedural fairness is so robust and vital for the exercise of legal power in matters of criminal law that one rarely finds anyone questioning its standing. In this article I examine the rationale behind the (...) POI from a different perspective. The basic assumption is that this procedural standard captures the tenor of a broader principle which seeks to ensure fairness in criminal proceedings as well as in criminal law doctrine. I argue that honouring a principle of fairness is not exclusively a matter of criminal procedural law but also something that is deeply rooted in other areas of criminal law doctrine. Hence: not maintaining a principle of fairness in criminal law doctrine could lead to the POI being compromised or even undermined. In the article, I draw attention to three areas in which I believe that criminal law policies threaten a principle of fairness: criminalising remote harm, doctrine of ignorance of law and inversed presumptions of guilt. My conclusion is that some solutions to so called doctrinal problems in criminal law, are questionable and their practical consequences (on a general level) are, at least partially, equal to treating an individual (in a trial) as guilty for something for which he or she ought not to be accountable. Hence: gaining the support of a POI could thus work as principle for keeping the use of criminal law moderate and in accordance with a principle of fairness. (shrink)

In this paper, I develop a speech-act based account of presumptions. Using a score-keeping model of illocutionary games, I argue that presumptions construed as speech acts can be grouped into three illocutionary act types defined by reference to how they affect the state of a conversation. The paper is organized into two parts. In the first one, I present the score-keeping model of speech act dynamics; in particular, I distinguish between two types of mechanisms—the direct mechanism of illocution (...) and the indirect one of accommodation—that underlie the functioning of illocutionary acts. In the second part, I use the presented model to distinguish between the unilateral act of individual presumption, the point of which is to shift the burden of proof by making the hearer committed to justifying his refusal to endorse the proposition communicated by the speaker, whenever he refuses to endorse it, the bilateral act of joint presumption—‘bilateral’ in that it is performed jointly by at least two conversing agents—the function of which is to confer on the proposition endorsed by the speaker the normative status of jointly recognized though tentative acceptability, and the indirect or back-door act of collective presumption, the purpose of which is to sustain rules and practices to which the conversing agents defer the felicity of their conversational moves. (shrink)

Translated by Drew S. Burk and Anthony Paul Smith. Excerpted from Struggle and Utopia at the End Times of Philosophy , (Minneapolis: Univocal Publishing, 2012). THE END TIMES OF PHILOSOPHY The phrase “end times of philosophy” is not a new version of the “end of philosophy” or the “end of history,” themes which have become quite vulgar and nourish all hopes of revenge and powerlessness. Moreover, philosophy itself does not stop proclaiming its own death, admitting itself to be half dead (...) and doing nothing but providing ammunition for its adversaries. With our sights set on clearing up this nuance, we differentiate philosophy as an institutional entity, and the philosophizability of the World and History, of “thought-world,” which universalizes the narrow concept of philosophy and that of “capital.” We also give an eschatological and apocalyptical cause to this end, of “times” or “ages” rather than those of philosophical practice. Last but not least, it is the Future itself in the performativity of its ultimatum that determines this end times, reversing these times from the Identity the Future accorded to it, withdrawing the thought-world from the lie of its death. Why this style of axioms and oracles, these more or less subtle distinctions, old and debased, with an appeal to the ultimata , to end times and last words? We fight to give, parallel to the concept of Hell, its new theoretical position, for its philosophical return and its non-philosophical transformation. No more so than any other word, Hell is not a metaphor here, just the Principle of Sufficient World. Every man, no doubt, has his “hell” readily available, connivance, control, conformism, domestication, schooling, alienation, extermination, exploitation, oppression, anxiety, etc. We have our little list that the Contemporaries established in the previous century in the same way one used to construct lists of virtues and vices or honors and wealth. They invented it for us without knowing it, for us-the-Futures who have as our responsibility to invent its use. In the Christian and Gnostic tradition, the struggle of the End Times takes place “on earth.” The most sophisticated of believers have it taking place in Heaven as well, above all in Heaven. The various kinds of gnosis imagine infinite falls and vertiginous highs, the vertigo of salvation. On Earth as in Heaven, a hell is available. The Marxists have the law of profit and the control of production, the class struggle Capital imposes on man. The Nietzscheans, the dull grumble of the struggle in the foundations of World and History, the domestication of man, the society of control. The phenomenologists, the capture of being, the most superficial amongst them, the age of suspicion. But all of these “hells” are taken from World, History, Society, and Religion. What we call Hell is no longer of the order of these specific and total intra-worldly generalities, it is both more singular and more universal, no longer being at all of the same order, it is the determinant Identity of these small hells strung out through history but unified here in the name of the last Humaneity. It is even found within the French idiom for hell [ enfer ], en-fer literally means “in-irons.” We are as much “in-irons” as we are “alive” [ en-Vie ]. We believe in Hell but as non-philosophers and it is even because we are non-philosophers that we can believe in it outside of any sort of religion. Hell is less mythological than ideological, it combines philosophizability with universal capital. Under what form? A single term could work for them without being a metaphor or something they would participate in by analogy, a more innovative and conjectural term than control, more universal than profit. It would denote the growing and permanent extortion of a surplus-value of communication, of speed and of urgency in change, in productivity and in work, in the pressure of images and slogans. It would be worse than solicitation, more tenacious than capture, more active and persecutory than control, softer and more insidious than a frontal attack, just as perverse as questioning and accusation, less brutal and offensive than extermination, less ritualized than inquisition, it would be soft and dispersed, instantaneous and vicious, it would be a crime without declared violence. Collusion and conformism, it would be afraid to show itself. Related to rumor, from which it borrows its infinite and tortuous ways. It is harassment. As a modernized form of Hell, perhaps harassment has a long future in front of it, of innocent torture, slow assassination, in short the fall, but radical with no way of recovering and which tolerates only salvation. THE PHILOSOPHICAL PAST OF NON-PHILOSOPHY Non-philosophy is thus Man as the utopian identity of the philosophical form of the World, a utopia destined to transform it. We still have to understand these equations, in particular that of the being-uni-versed from Man, and this book adheres to this by re-exposing non-philosophy in a different way via one of its new possibilities. It uses this opportunity to once again take up formulations that lead to objections answering certain external critics, as well as revisiting diverging interpretations specific to non-philosophers. A portion of this book is devoted to going through these theories via a strict or “lengthy” presentation of non-philosophy, and its defense against more expeditious solutions. This work of rectification is the occasion, merely the occasion, for refocusing non-philosophy on Man (the “Man-in-person,” “Humaneity”), and in a more innovative manner, on its utopian vocation established since the book Future Christ . As for this “occasion,” it is quite obvious. A school of posture, not to say a school of thought, supposes a minimum of closure from the most liberating of knowledge, a heritage, its utilization, and its no less certain dispersal. Within its development, a variety of interpretations will no doubt appear, deviations that are as much normalizations, and a struggle against this multiplication of divergent tendencies. These are perhaps not inevitable evils, especially here, merely a normal development according to the twisting paths of history. But the problem is made worse by the fact that this school of non-philosophers is that of utopia. Not the former attempts devoted to commenting on the worst authoritarian and criminal forms of the past and the present, but utopia as the determinant principle for human life, or to put it another way, of the Future as an irreducible presupposition of (for) thinking the World and History. Non-philosophers are engaged in an aleatory navigation between the respect for the most rigorous utopia, whose rules are not that of the reproductive imagination but those from the Future determining imagination itself, as well as the temptations, diversions, and remorse of history. Little by little, we will begin to understand that the Future as we understand it no longer has any temporal consistency or positive content, without being an empty form or a nothingness, but that it is foreclosed to past and present History, just as it is foreclosed to the place of places, the World, and that it is the only method for establishing the practice of thinking in a non-imaginary instance. Because it is the World and History that are imaginary and have a terrible materiality, it is not necessarily utopia. We will overlap two objectives here: the defense of non-philosophy against the (non-) philosophers that we are, only occasionally, and the introduction of philosophy to a rigorous future. Together they set out to definitively render, without any possible return to philosophical conformism or towards the facilities of the past and present, the non-philosophical enterprise understood as utopia or uchronia. Imagination and speculation, left to themselves and thus undistinguished, are quite good for participating in the grand game of History but have little value or worse for the Future which is unimaginable and unintelligible and must be maintained as such. MAN-IN-PERSON AS SUSPENSION OF THE PHILOSOPHICAL CHORA The point where philosophical resistance is concentrated is without a doubt the invention of the Name-of-Man, first name, oracular as much as axiomatic, of the determining cause for the non-philosophical posture. And that which concentrates the differends is the style of non-philosophy as identity that possesses the dual aspect, of discipline and of the oeuvre, of the theorem and of the oracle. But the real difficulty in understanding the simplicity of non-philosophy is profoundly hidden in the depths of philosophy itself. Because philosophy, from Parmenides to Derrida, even Levinas, continues to be a divided gesture, without a veritable immanence, transforming its thematic contents of transcendence in also forgetting to transform the operative transcendence in the element from which the ontology of surface is established which we will call, in memory of Plato, the chorismos. The general effect of the chora literally gives place to philosophy, demanding binding and sutures to which we will once and for all “oppose” the Man-in-person, his power of cloning, and his future being. All philosophy contains a hinter-philosophy in which it deploys its operations and weaves its tradition like an understudy of a topographical nature and in the best of cases being itself topological. Philosophy as well consists of two levels, its pre-ontological operative conditions on the one hand, and its superficial theme on the other, it too has its presupposed, but is not aware of it or erases it within the unity of appearance named Logos. Rightly, the Logos, and its flash or lightning nature, possesses a “dark precursor,” the chora, which is as much a virtual image, and philosophy, dazzled by its own lightning flash, seems to completely forget about it at the same time it sets itself up within it. Non-philosophy risks taking this same path, of confusing what it believes to be the real with its phantom double, contenting itself to working on the thematic level of philosophy, not its surface objects and its idle chatter (we stopped talking about this a long time ago and in any case they are merely simple materials for inducing a work of transformation), but the transcendence-form of its objects. In the end it risks, through precipitation, taking back up the heritage of philosophy, a heritage of a misunderstood presupposed, even more profound than the play of transcendences. This is what the imperative of the radicality of immanence meant, to treat immanence in an immanent manner, not to make a new object out of it. And from here we get non- (philosophy) and its refusal of the Platonic chorismos , symbol of all abstraction, and thus all transcendental appearance. There are no illusions. The message will leave a heritage in tattered pieces and interpretations. But it was difficult not to dispute the differend to its core. There will be complete confusion of the multiple, possible, and necessary effectuations of non-philosophy with its interpretations. The non-philosophical or human freedom of philosophical effectuation and the philosophical freedom of interpretation. Effectuations demand non-philosophy to return to zero from the point of view of its philosophical material and thus also but within these limits the formulation of its axioms , but in no way providing from the outset divergent interpretations of the aforementioned axioms. They are divergent because they do not take into account the material from which these axioms are derived within non-philosophy, and because they do not see themselves as symptoms of another vision of the World. The utterances of non-philosophy are not mathematical theorems and pure axioms, they merely have a mathematical aspect . They are, by their extraction or origin, mathematical and transcendental. And by their determined function in-Real, within non-philosophy, they are identically in-the-last-Humaneity entities which have an aspect of an axiom and an aspect of interpretation (or an oracular aspect as we say) that attempts (sometimes it is ourselves who provide the occasion) to isolate and transform, in complete freedom of interpretation. There will be an opportunity to complain about the complex character of the language of non-philosophy, an idiom saturated with classical references, sophisticated in a contemporary way. Its freedom of decision up against the whole of philosophy demands these effects of “complication” and “privatization,” as the saying goes. But it also demands fighting against the drift [ dérive ] of the pedagogical-all and the mediatic-all that leads philosophy into the shallow depths of opinion, which is the site of its impossible death. The noble idealism of “pop-philosophy” has been consumed into a “philo-reality;” against this we propose philo-fiction. Parricide, which is at the bottom of these interpretations and which we can judge as being quite fertile, although it has informed tradition, only takes place once or within one lone meaning. In regards to Parmenides, it was possible; Plato introduced the Other as non-being and language, bringing into existence the philosophical system of the World, but is it possible to repeat it again with the same fecundity in regards to non-philosophy, this time in introducing (non) religion or (non) art, still mixing them without taking into account this mixture, alternatively as a philosophical or religious resentment? If philosophy begins via a crime, it is no doubt obliged to continue down similar pathways, to the effect that the crimes of philosophy, once the founding crime has been committed, are a reaction of self-defense. It is undoubtedly from this that we get Marx’s declaration that history begins by tragedy and repeats itself or ends in farce. The preservation of rigor and fecundity is, in every respect, a psychologically difficult task within a theory such as non-philosophy. Having posited an essential objective of liberation in regards to philosophy and its services, one has often understood this objective as an authorization of providing particular interpretations of its axioms and ends up obliterating their scope. This ends up confusing, on one hand, two kinds of freedoms in regards to non-philosophy, the freedom of its interpretations and the freedom of its effectuations. On the other hand, any defense of “principles” against precipitated interpretations is immediately taxed with a will to orthodoxy, a prohibitive objection when we are dealing with, as is the case here, a heretical theory of thought. Nevertheless, it is time to stop confusing heresy as the cause of thought with an ideology of heresies, which is certainly not at all our object, but rather a form of normalization. As for the “disciplinary” aspect, which is not the only aspect, it demands something other than philosophical “answers to objections,” a precision in the definition and use of its procedures in the formation of utterances, since non-philosophy is neither a supplementary doctrine interior to philosophy nor a vision of the world but one whose priority is a “vision of Man,” or rather Man as “vision” that implies a theory and a practice of philosophy. In the end, struggle is only one aspect of non-philosophy, not its whole or telos, struggle coming only from its materiality. In particular, if the discipline of non-philosophy is inseparable from struggle, it is not a question of reducing the monomaniacal obsession of its “marching orders.” This would reduce its complexity and kill its indivisibility, deploying it in a “long march” and a form of Maoization whose philosophical presuppositions no longer have any pertinence here, a case of the One and the Two, which are now cloned and no longer tied together. More generally, non-philosophy is a complex thought composed of a multitude of aspects, which is to say, unilateral interpretations, of a philosophical origin but reduced by their determination in-the-last-instance . The “liberalism” of non-philosophy is merely one of the aspects of which it is capable, not an essence. Similarly, it is only capable of having a “Maoist” aspect. Let us generalize. The weakness of non-philosophy is due to a specific cause, the determination-in-the-last-Humaneity of a subject for the World. Everything that has a right to the philosophical city can be said about it in turn and in a retaliatory mode since Man contributes nothing of himself that Man takes from the World. We can consider non-philosophy as being pretentious, absurd, idealistic, empty, materialistic, formalistic, contradictory, modern, post-modern, Zen, Buddhist, Marxist; it endures or tolerates, perhaps “appeals” to, or at least renders possible, sarcasms, ironies, and insults without even talking about the misunderstandings, partly for the same reason as psychoanalysis. All of this goes beyond simple “deviations.” They are its aspects, which is to say, its “unilateral” philosophical interpretations in both senses of the word, being either sufficient coming from the mouth of philosophers, or reduced to their absolute dimension of sufficiency and totality in the mouths of non-philosophers, and both times due to the weakness and strength of Man-in-person as their determination only in-the-last-instance. The non-philosopher is certainly not a Saint Paul fantasizing about a new Church. The non-philosopher is either a (Saint) Sebastian whose flesh is pierced with as many arrows as there are Churches, or a Christ persecuted by a Saint Paul. What is engaged in here is the practice of retaliation. A negative rule of the non-philosophical ethics of outlawed discussion by way of argumentation (the sufficient is you, the orthodox one is always you, you are the fashionable one, and when a master you are someone else) that is founded on the confusion of effectuations of non-philosophy and of its overall interpretations. Retaliation is the law but as with any too-human law, it must acquire a dimension that displaces it, or rather emplaces it and takes away its authority but not all of its effectiveness. If the non-philosopher is only authorized by himself, which is to say by philosophy but limited by the Real-of-the-last-instance, its critique of other non-philosophers can merely be retaliatory under the same conditions, only by the Real limited in-the last-instance. THE TREE OF PHILOSOPHICAL SAINTLINESS The thematic horizon or material of these debates is in the relationships between philosophy, religion as gnosis, and non-philosophy. It is inevitable, regarding non-philosophers in general (whether they are non-philosophers by name or simply its neighbors) that we often end up evoking Marx’s Holy Family and imagining, arranged on the neighboring branches of the tree of philosophy and annexed, sometimes abusively, to non-philosophy, authors who would quite evidently and quite rightly refuse this label. So it is that we find, for example, a Saint Michel, a Saint Alain, a Saint Gilles 1 without even mentioning the youngest who aspire as well to the freedom of “saintliness” and who make their muted voices heard here. If there is a Holy Family of non-philosophers, it extends completely beyond these three, provided that the sectarian spirit can save us. This book is organized in the following manner: To begin, in order to recall the essential part of the problematic, we have organized a Summary of Non-Philosophy , a vade-mecum of notions and basic problems, in a classical style. Secondly, there is Clarifications On the Three Axioms of Non-Philosophy , designed to posit their proper use as much as to elucidate their meaning. Thirdly, an analysis of Philosophizability and Practicity , both being extreme constituents of philosophical material or the contents of the third axiom. Fourthly, the heart of this work: Let us Make a Tabula Rasa of the Future or of Utopia as Method . Fifthly, we have a theoretical outline of a non-institutional utopia, The International Organization of Non-Philosophy, L’Organisation Non-Philosophique Internationale, (ONPHI) already created in practice but under the conditions of possibility and functioning from which here we put into question “de jure,” thus not without a perplexity concerning “facts,” in any case, without the capability of “getting to the bottom of things.” Sixthly, an essay characterizing The Right and the Left of Non-Philosophy , a brief topology of several philosophizing and normalizing positions of proponents or tenants of this problematic. Seventhly, Rebel in the Soul: A Theory of Future Struggle , a systematic discussion starting from a confrontation of non-philosophical gnosis and non-religious gnosis to the extent that they pose, posed or perhaps still will pose themselves as rivals to non-philosophy in a mixture of fidelity and infidelity. Despite the fact that it can also be read as putting non-philosophy into perspective: it pits against a standard Platonism two contemporary appropriations of Gnosticism. On the basis of the paradigm of Man who never ceases to come as the Future-in-person, each one of these moments strives to reestablish not the “true” non-philosophy and its orthodoxy, but the minimal conditions to respect in order to allow for its maximum fecundity. And in order to bring about one of the last possibilities of its development, making explicit Humaneity as a utopia-for-the-World. In introducing these considerations in the form of a “testament” and “ultimatum,” we want to indicate two things: First, that this is the last time we will intervene in order to caution non-philosophers against the temptation of returning and looking backwards towards philosophy. Only a disillusioned nostalgia for the former World and its traditions barely remain permissible to us.… Secondly, that non-philosophy is also a sort of ultimatum for considering one’s life and transforming one’s thought from the perspective of a uni-version rather than a conversion. Man as future is this ultimatum in action, not an impatient self-proclaimed genius, and philosophy is his testament. It is obviously the ultimatum that determines this testament as “old” with a view towards a life that is, itself, non-testamentary. In and of itself, the “old” can never bear a veritable eschaton. Thus, this book intersects according to the logic of this paradigm, under the sign of the ultimate or “last” as future, philosophy as testament and cautionary note for maintaining the non-philosophical oeuvre as “future” or “utopian.” We will see that between these two dimensions it cradles a theory of struggle. In the end, this book envisions non-philosophers in multiple ways. It inevitably sees them as subjects of knowledge, most often academics insofar as life in the world demands, but above all as close relatives of three great human types. The analyst and political militant are quite obvious, for non-philosophy is close to psychoanalysis and Marxism insofar as it transforms the subject in transforming philosophy. Here again, one must have a sense not of certain nuances but of aspects (of the interpretations, albeit unilateralized) and not in order to construct a simple proletarization or militarization of thought as theory. To be rigorous, rather than authoritarian or spiteful, is its task. And lastly, non-philosophy is a close relative of the spiritual but definitely not the spiritualist. Those who are spiritual are not at all spiritualists, for the spiritual oscillate between fury and tranquil rage, they are great destroyers of the forces of Philosophy and the State, which are united under the name of Conformism. They haunt the margins of philosophy, gnosis, mysticism, science fiction and even religions. Spiritual types are not only abstract mystics and quietists; they are heretics for the World. The task is to bring their heresy to the capacity of utopia, and their utopia to the capacity of the paradigm. NOTES We will recognize allusions, and sometimes references, to closely related or distant themes, but which are related, in the work of Michel Henry, Alain Badiou and via the representative of “non-religious” gnosis of a Platonic origin, in Gilles Grelet. It goes without saying that these discussions are current and local, neither concerning the ensemble of doctrines nor prejudging the eventual evolution of certain amongst them. This concerns defining certain proximities with non-philosophy (rather than adversaries which in some sense they are) and typological and emblematic differends (rather than conflicts with a certain author). (shrink)

Periodic tables (PTs) are the ‘ultimate paper tools’ of general and inorganic chemistry. There are three fields of open questions concerning the relation between PTs and physics: (i) the relation between the chemical facts and the concept of a periodic system (PS) of chemical elements (CEs) as represented by PTs; (ii) the internal structure of the PS; (iii)␣The relation between the PS and atomistic quantum chemistry. The main open questions refer to (i). The fuzziness of (...) the concepts of chemical properties and of chemical similarities of the CE and their compounds guarantees the autonomy of chemistry. We distinguish between CEs, Elemental Stuffs and Elemental Atoms. We comment on the basic properties of the basic elements. Concerning (ii), two sharp physical numbers (nuclear charge and number of valence electrons) and two coarse fuzzy ranges (ranges of energies and of spatial extensions of the atomic orbitals, AOs) characterize the atoms of the CEs and determine the two-dimensional structure of the PS. Concerning (iii), some relevant ‘facts’ about and from quantum chemistry are reviewed and compared with common ‘textbook facts’. What counts in chemistry is the whole set of nondiffuse orbitals in low-energy average configurations of chemically bonded atoms. Decisive for the periodicity are the energy gaps between the core and valence shells. Diffuse Rydberg orbitals and minute spin–orbit splittings are important in spectroscopy and for philosophers, but less so in chemical science and for the PS. (shrink)

The Presumption of Innocence: an Antidote for Sacrificial Venom? Patterns of Girard’s ‘Primitive’ Sacred in Late Medieval and Early Modern Criminal Law This paper interprets the presumption of innocence as a conceptual antidote for sacrificial tendencies in criminal law. Using Girard’s philosophy of scapegoat mechanisms and sacrifice as hermeneutical framework, the consanguinity of legal and sacrificial order is explored. We argue that some legal concepts found in the ius commune’s criminal system (12th-18th century), like torture, infamy, (...) or punishment for mere suspicion, are affiliated with scapegoat dynamics and operate, to some extent, in the spirit of sacrifice. By indicating how these concepts entail more or less flagrant breaches of our contemporary conception of due process molded by the presumption of innocence, an antithesis emerges between the presumption of innocence and sacrificial inclinations in criminal law. Furthermore, when facing fundamental threats like heresy, the ius commune’s due process could be suspended. What emerges in this state of exception allowing for swift and relentless repression, is elucidated as legal order’s sacrificial infrastructure. (shrink)

This chapter contains sections titled: The Analogy between a Just City and a Just Soul Plato's Analysis of the Human Psyche Parts of the Human Psyche: Faculties or Agents? Just, Temperate, Brave, and Wise Human Souls Plato's Ideal of Rationality The Virtues and Vices of the City‐soul Analogy.

Organisational Ethics could be more effectively taught if organisational agency could be better distinguished from activity in other group entities, and defended against criticisms. Some criticisms come from the side of what is called “methodological individualism”. These critics argue that, strictly speaking, only individuals really exist and act, and organisations are not individuals, real things, or agents. Other criticisms come from fear of the possible use of alleged “corporate personhood” to argue for a possible radical expansion of corporate rights e.g. (...) to claim a right to vote. Others say that if corporate businesses were persons, and judged as such, they would be sociopaths (Bakan 2004). Large corporate businesses are one kind of organisation, and if organisations were allowed to claim to be full persons, this would mean that the latter criticisms were valid. The proposed account goes between the horns of the above dilemma: impersonal aggregates or full persons. It avoids both the reductive individualism and expansive, full personhood account. It gives grounds for attributing and distributing praise and blame to organisations as whole complex entities, and to their parts. Primarily, responsibility belongs to Board incumbents within them, on the basis of their goals; their direction of the acts of the other main internal role incumbents, managers and staff, and enablers, in the role structure; their own ethical decision methods; the impact of their acts on external stakeholders like end-users, other players in the practice or local community, and on the state. These factors are picked out on the basis of a theory of meaning Aristotle’s theory of analogy of attribution, some architectonic features of his Philosophical Anthropology; and Neo-Aristotelian Virtue Ethics (NAVE). The paper expounds a quasi-person model of organisations, (QPM), previously described in this journal (Ardagh 2011, 2012, 2013). This model identifies functional similarities at three levels, between capacities within natural persons (NPs) on the one hand and the roles/ incumbents within the structure of organisational artificial/quasi-persons (APs on the other). In each entity, we find an architectonic direction, sub-ordered operational entities, and enablers (a DOE structure) in a communicative structure or reporting chain of authority. The common elements between natural persons (NP) and artificial persons (AP) and their ethically relevant attributes are captured in an acronym –GRAEOS. Both persons and organisations have a “top” entity capable of having/choosing worthwhile ethically permissible goals, G; of architectonically directing the use of capacities/repertoires or incumbents in designed architectonic roles, R, within a DOE-type structure, well or badly; of using ethical decision making procedures, E; of execution of good choices for the person or organisation in action, A, with good or bad impacts on others, or with others, O, in the context practice or domain; and of having good relations with the law and the state, S. Application to the 1989 Exxon Valdez disaster, and public sector organisations, is briefly discussed to illustrate the potential to deal with short or long case study narratives. (shrink)

One way to bring order into the often muddled picture we have of interdisciplinarity is to sort interdisciplinary projects or aims by the kinds of element that interact in encounters between researchers of the two or more disciplines involved. This is not the usual approach. Since the early seventies and the publication of Erich Jantsch , at least, the level of integration of the disciplines has been the primary focus. For instance, the level of integration is often treated as (...) the distinguishing boundary between multi‐, inter‐, and trans‐disciplinarity. We identify three kinds of interdisciplinary relation: problem‐feeding, conceptual drift, and methodological migration; we focus, in particular, on the first of these. Drawing on examples from the emerging field of Sustainability Science we show that problem‐feeding is a common and apparently fruitful way of connecting disparate disciplines. We illustrate some of the roles conceptual drift and methodological migration have in problem‐feeding as well as in their own right. Towards the end of the paper we suggest that there is an interesting difference between our approach to interdisciplinarity and the integrative perspective suggested by Jantsch. The interdisciplinarity resulting from problem‐feeding between researchers is typically local and temporary; integration is associated with a longer‐term, global form of interdisciplinarity. (shrink)

In the modern world, situations often arise in which the value-based regulation of human activity weakens and the old requirements lose their relevance. The need for analysis is associated with the “normality” of the state of anormativity as an attribute of a new social status relating to the sphere of government. The purpose of this article is to study the dynamics of the development of values and norms as a possible reason for the inefficiency of managerial decisions. The sociocultural method (...) made it possible to consider the individual, the person and society as a single integral system in which the elements are not reducible to each other, as well as to describe the conflict of values and norms as a complex of sociocultural pathologies leading to ineffective managerial decisions. Value analysis was used to reveal the content of the conflict of values and norms and their manifestations in culture and to describe the axiological mechanisms of sociocultural interactions. The hermeneutical method made it possible to identify and study the factors of conflict between values and norms and to form an idea of value consciousness. The structural-functional approach was used to identify elements of society and culture that contribute to the emergence of a conflict of values and norms. The phenomenological method was useful in the analysis of the conflict of values and norms as a pathological state (deformation) of human consciousness. Methods of comparison, analysis, deduction, induction, generalization, analogy, classification, abstraction were also used. Value-normative and institutional analysis made it possible to clarify the nature of the norm and to define a negative value convention. It was found that the change in values is carried out through value consciousness as a special phenomenological feature of a person, the main pathology of which is fragmentation, which leads to a conflict of values and norms. In particular, the idea of interaction between value-normative and institutional analysis was introduced, which made it possible to clarify the nature of the norm, define a negative value convention, and also distinguish between two ways of thinking and behavior as a prerequisite for a conflict of values and norms: based on common axiological attitudes and particular institutions. It was determined that with the help of norms, society leaves a reflection on values, and social actors are able to initiate the normization of certain actions. If these actions do not correspond to norms and values, a process of denormization takes place, as a result of which anormia arise. Norms break away from values and merge with particular institutional rules, forming an agreement on the methods of obtaining benefits – a negative value convention. The practical value of this scientific work lies in the possibility of using its materials in the process of developing decisions to reform the management decision-making system. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Fall of Troy in Early Greek Poetry and ArtT. H. CarpenterMichael J. Anderson. The Fall of Troy in Early Greek Poetry and Art. Oxford: Clarendon Press, 1997. xii 1 283 pp. 21 figs. Cloth, $75. (Oxford Classical Monographs)The Fall of Troy in Early Greek Poetry and Art presents three extended essays on aspects of the Ilioupersis. The first, based on the Iliad, the Odyssey, and surviving (...) fragments of the lost epics, is an analysis of correlations between events from the fall of Troy and the body of epic material, correlations which can be signaled by narrative continuity, structural and compositional continuity (a neoanalytic tool), and/or allusion. The second essay focuses on three tragedies (Aischylos’ Agamemnon and Euripides’ Andromache and Troades) in an attempt to see “how the tragedians further developed the mythic network constructed by the epic poets” (106). The third essay is a study of composite images of the Ilioupersis in Greek art, with a particular focus on Attic painted vases. Anderson’s underlying thesis is that elements of the Ilioupersis exert “a centripetal gravitational force” within the body of interconnected stories that comprise the epic cycle with “its grip extending deep into episodes at both ends of the saga and beyond” (102).The originality of the work, as well as the strengths and weakness of the approach in part 1, is illustrated by Anderson’s discussion of the tale of the wooden horse and the abduction of Helen as correlative episodes. Noting that both in Proklos’ summary of the Kypria and in the Iliad (5.59–64) reference is made to the building of ships for Paris’ voyage to Sparta, Anderson argues that “in conception, manufacture, and deployment, the horse is a precise narrative parallel to [those] ships” (20). The underlying narrative link is the “simple complementarity between beginning and end” (25). The building of the ships engenders conflict, the building of the horse brings the conflict to a close; both function as tools to capture Helen. This narrative link, he argues, is supported by a complex series of analogies. Both building processes (horse and ships) are undertaken for the specific occasions, both are inspired by goddesses, both have architects who earn fame from the projects, and both are accompanied by mixed tones of celebration and doom. Furthermore, since no mention of the building of the “thousand ships” of the Achaian fleet survives, “the building of Paris’ ships stands alone in the remains of the Trojan cycle as the most significant building project of its kind” (22). The horse, Anderson claims, is “a kind of ship in disguise”—both are large wooden structures designed to carry men—and the poets “sculpted the horse to resemble the ships and vice versa.” [End Page 453]Attractive as this correlation is, much of its strength hangs on the assumption that the building of Paris’ ships was treated in some considerable detail in the lost works of the epic cycle. Anderson argues that the ships “might easily have provided material for a substantial slice of poetry” (21) and that the launching of Paris’ ships “probably received a fair share of attention from the poets” (21), but “might easily” and “probably” make a weak base for such a powerful hypothesis. While I admire the ingenuity of the argument, as an archaeologist I crave more solid evidence to support it.Perhaps the greatest danger of such a study, focusing as it does on the relationship between myth and myth, comes from the lack of any external reference that might allow the writer to check, on occasion, the validity of perceived thematic or structural parallels. How does he determine when the links he sees are expressions of his own brilliance—like the creation of a new poem—and when they are links that the poets intended or contemporary Greeks might have perceived, which is presumably a goal of a scholarly work such as this? Anderson is aware of some of these dangers—early on he notes the risk of losing any “immediate social relevance” (10)—but he has difficulty guarding against them.He devotes fully one-third of the book to the study of images. Certainly no discussion... (shrink)

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

79. This study of the interaction between mechanics and differential geometry does not pretend to be exhaustive. In particular, there is probably more to be said about the mathematical side of the history from Darboux to Ricci and Levi Civita and beyond. Statistical mechanics may also be of interest and there is definitely more to be said about Hertz (I plan to continue in this direction) and about Poincaré's geometric and topological reasonings for example about the three body (...) problem [Poincaré 1890] (cf. also [Poincaré 1993], [Andersson 1994] and [Barrow-Green 1994]). Moreover, it would be interesting to find out how the 19th century ideas discussed here influenced the developments in the 20th century. Einstein himself is a hotly debated case. Yet, despite these shortcommings, I hope that this paper has shown that the interactions between mechanics and differential geometry is not a 20th century invention. Klein's view (see my Introduction) that Riemannian geometry grew out of mechanics, more specifically the principle of least action, cannot be maintained. On the other hand, when Riemannian geometry became known around 1870 it was immediately used in mechanics by Lipschitz. He began a continued tradition in this field, which had several elements in common with the new view of mechanics conceived by the physicists and explicitly carried out by Hertz. Before 1870 we found only scattered interactions between differential geometry and mechanics and only direct ones for systems of two or three degrees of freedom. For more degrees of freedom the geometrical ideas were in some interesting cases taken over by analogy, but these analogies did not lead to formal introduction of geometries of more than three dimensions. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:The Ethics of Revenge and the Meanings of the Odyssey by Alexander C. LoneyEmily P. AustinAlexander C. Loney. The Ethics of Revenge and the Meanings of the Odyssey. New York: Oxford University Press, 2019. Pp. xii +265. Hardcover, $78.00. ISBN 978-0-190-90967-3.The Ethics of Revenge and the Meanings of the Odyssey places Odysseus' climactic act of revenge where it belongs: at the center of our interpretation of the Odyssey. (...) With admirably clear prose, Loney traces out the recurring pattern of tisis narratives woven through the poem. The accumulation of these revenge stories demonstrates that, in Loney's words, "tisis breeds endless further plots, making an epic of revenge fatally open-ended" (225, emphasis mine). Although the focus is simple, Loney's comprehensive account of the workings of revenge narratives commands the reader's interest. I, for one, was unprepared to recognize how systematically the poet sets up its readers to be disturbed by the ending—although I have long found the final books of the Odyssey troubling. On Loney's reading, the Odyssey sets up the terms of revenge's justice such that, on those very terms, the execution of vengeance is always ambivalent. For anyone with interests in Homer or revenge narratives, Loney's book has much to offer.The Ethics of Revenge begins with archaic conceptions of vengeance (tisis) (chap. 1). Loney distinguishes between "positive" reciprocity, which aims at balance through the ostensibly free exchange of benefits; and "negative" reciprocity, which is blatantly transactional: tisis is a form of negative reciprocity, where harm is met with immediate and (supposedly) equivalent harm. But as Loney shows, the returning harm is equivalent to the initial harm only insofar as someone judges it to be so. This insight is essential to understanding the inconclusive quality of vengeance: one person's retributive act is, potentially, another person's harm received. The justice achieved by such retributions is limited to the perspective of the one judging.Loney turns to such overlapping stories of tisis in the Odyssey in chapter 2. These overlaps prime the audience to notice ethical complexities among different characters' claims about wrongdoings and merited punishments. For Loney, Zeus' story of Orestes in Book 1 is the paradigmatic tisis narrative of the Odyssey. From this story, Loney distills the elements of all tisis narratives in the poem: absence (Agamemnon away) → unheeded warning / recklessness (Aigisthos ignores Hermes' warning) → preparation for offense (Aigisthos woos Klytaimnestra) → offense (Aigisthos commits adultery with Klytaimnestra and murders Agamemnon) → preparation for retribution (Orestes returns to Mycenae) → retributive act (Orestes kills Aigisthos and Klytaimnestra) → just order restored (Aigisthos has repaid in full). [End Page 535] Loney emphasizes how the unheeded warnings contribute to the ideal of immediate equivalence in tisis: when an offender chooses to perpetrate harm despite a warning (often marked by the term ἀτασθαλίαι), he or she effectively chooses to suffer retribution. The narrator of the tisis story moreover stresses equivalence—in the Orestes paradigm, killing for killing.In the next four chapters, Loney masterfully applies this theoretical and philological work to his interpretation of the poem. Chapter 3 follows three narratives of divine vengeance: Zeus avenging the companions' offense against Helios; Poseidon avenging Odysseus' blinding of Polyphemos; and Poseidon taking vengeance on the Phaiakians, who helped Odysseus. With clear analysis of story patterns and intratextual resonance, Loney shows how these stories evoke latent meanings through their parallels, echoes, or mutual implications. So, for example, Odysseus complicates the narrative of Poseidon avenging Polyphemos with his own story of Polyphemos' wrongs against him and his companions; and the vengeance of Poseidon on the Phaiakians is left literally open-ended, with the poet never telling us if Zeus destroys the island or not. As a result, by the time we get to the central tisis narrative of the poem (chap. 4), Odysseus' vengeance against the suitors comes to us against a varied backdrop of inconclusive and intertwined stories of retribution.In chapter 4, Loney explicates the key aspects of tisis in Odysseus' "terrifying revenge" (cf. Plato's Ion 535c7). For example, the suitors receive five of the poem's nine attributions of ἀτασθαλίαι, marking their wrongdoings as "precipitating harm" that... (shrink)

The dissertation is an account of Nietzsche's denial of cognitive objectivity, that is, his denial that there can be such a thing as a true judgment. I claim that plausible arguments for denying cognitive objectivity can be found in Nietzsche, but only after some strong analogies between this denial and traditional arguments against evaluative objectivity are made apparent. Judgments of value are not considered objective because they are motivational, that is, because making an evaluative judgment is necessarily connected with (...) having motivating reasons for action. I examine two forms such a denial can take, the error theory in which judgments of value are considered cognitive but false, and noncognitivism, in which they are not considered cognitive at all, and so neither true nor false. Both the error theory and non-cognitivism occur in Nietzsche's own denials of evaluative objectivity. ;I claim that Nietzsche argued against cognitive objectivity because he considered all judgments to be motivational. Nietzsche is only able to do so, however, on the basis of a radical critique of the possibility of normativity or normative constraint. This critique plays a crucial role in Nietzsche's philosophy of mind. Such a critique puts into doubt the traditional picture of intentional action, in which a sharp distinction is drawn between cognitive and affective contributions to such action. ;Because Nietzsche argues all judgments are motivational, his epistemology bears a strong resemblance to both the error theory and non-cognitivism. But because Nietzsche's critique of normative constraint amounts to a denial of the existence of cognition, the elements of non-cognitivism in Nietzsche's epistemology are more fundamental than those of the error theory. I explain how Nietzsche's ontology of the will to power can be seen as following from his non-cognitivism, but suggest that Nietzsche's epistemology bears the greatest affinity to naturalism. (shrink)

Following the studies of Araujo et al. (AI Soc 35:611–623, 2020) and Lee (Big Data Soc 5:1–16, 2018), this empirical study uses two scenario-based online experiments. The sample consists of 221 subjects from Germany, differing in both age and gender. The original studies are not replicated one-to-one. New scenarios are constructed as realistically as possible and focused on everyday work situations. They are based on the AI acceptance model of Scheuer (Grundlagen intelligenter KI-Assistenten und deren vertrauensvolle Nutzung. Springer, Wiesbaden, 2020) (...) and are extended by individual descriptive elements of AI systems in comparison to the original studies. The first online experiment examines decisions made by artificial intelligence with varying degrees of impact. In the high-impact scenario, applicants are automatically selected for a job and immediately received an employment contract. In the low-impact scenario, three applicants are automatically invited for another interview. In addition, the relationship between age and risk perception is investigated. The second online experiment tests subjects’ perceived trust in decisions made by artificial intelligence, either semi-automatically through the assistance of human experts or fully automatically in comparison. Two task types are distinguished. The task type that requires “human skills”—represented as a performance evaluation situation—and the task type that requires “mechanical skills”—represented as a work distribution situation. In addition, the extent of negative emotions in automated decisions is investigated. The results are related to the findings of Araujo et al. (AI Soc 35:611–623, 2020) and Lee (Big Data Soc 5:1–16, 2018). Implications for further research activities and practical relevance are discussed. (shrink)

The starting frame with which jurors begin trials and the approach which they should take toward the presentation of evidence by the prosecution and defense are distinguished. A robust interpretation of the starting frame, according to which jurors should begin trials by presuming the material innocence of defendants, is defended. Alternative starting frames which are less defendant-friendly are shown to cohere less well with the notion that criminal trials should constitute stern tests of the government's case against those it (...) has charged with crimes. The intuitive case for the robust presumption of innocence is supplemented with empirical evidence concerning the psychology of belief formation and preservation. Various objections to the proposed starting frame are addressed. (shrink)

Analogicity in computer science is understood in two, not mutually exclusive ways: 1) with regard to the continuity feature (of data or computations), 2) with regard to the analogousness feature (i.e. similarity between certain natural processes and computations). Continuous computations are the subject of three methodological questions considered in the paper: 1a) to what extent do their theoretical models go beyond the model of the universal Turing machine (defining digital computations), 1b) is their computational power greater than that (...) of the universal Turing machine, 1c) under what conditions are continuous computations realizable in practice? The analogue-analogical computations lead to two other issues: 2a) in what sense and to what extent their accuracy depends on the adequacy of certain theories of empirical sciences, 2b) are there analogue-analogical computations in nature that are also continuous? The above issues are an important element of the philosophical discussion on the limitations of contemporary computer science. (shrink)

This excellent book consists of a translation of Plato's Euthyphro, plus "interspersed comment" intended "partly as a help to the Greekless reader in finding his way, and partly as a means of embedding the discussion of the earlier theory of Forms which follows it." That subsequent discussion is a series of sections aimed at establishing "that there is an earlier theory of Forms, found in the Euthyphro and other early dialogues as an essential adjunct of Socratic dialect" and that it (...) is not the same as the theory of Forms found in the Phaedo, Republic and other middle dialogues. In the Euthyphro Socrates' question of what holiness is assumes that there is a Form of holiness, "that this Form is a universal, the same in all holy things;... that that Form may be used as a standard, by which to judge what things are holy and what are not...; that it is an essence, by which or in virtue of which holy things are holy." As essences Forms are causes--formal, not efficient. They are "causes in the sense that they are that by which things are what they are. They therefore affect the career of the world, in that if they did not exist, the world would not be what it is." They "are not identical with their instances and [are] prior to their instances" and, hence, they are not in their instances. In fact, "Forms are as 'separate' from their instances in the early dialogues as they are" in the later ones. Do they not differ, then, from these latter Forms? Yes, because "of the way in which separation is conceived." In the Phaedo and other middle dialogues separation "involves something more than... nonidentity, independence, or priority. It involves the claim that instances of Forms are deficient imitations or resemblances of Forms.... To that theory was later conjoined, as a natural corollary, the theory that sensibles and Forms differ in their degree of reality, that Forms are more real than their instances." There are, in fact, "Two Worlds, Visible and Invisible.... The objects of the Visible World... are in a perpetually changing mortal realm, never the same with respect to each other or themselves. By contrast, Forms, the reality of whose existence we render an account in questioning and answering, exist always in the same way with respect to the same things, single in nature, alone by themselves, never in any way under any circumstances admitting alteration." This contrast between the Two Worlds is not drawn in the Euthyphro and earlier writings. Hence, between them and the middle dialogues there is a development in the theory of Forms. Of course, there also is "a unity to Plato's thought; but it is not the unity of a monument. It is the unity of growth and development, the unity of life." In these splendid pages one point remains unclear: how can a Form be universal and thus distinct from its instances and yet be their formal cause? Allen leaves no doubt that this is his position: "In Plato's early dialogues Forms are not the being of that of which they are Forms. A universal, being one, cannot constitute the being of a plurality--precisely why Aristotle was led to distinguish substantial form from universal. The Euthyphro does not imply that holiness is the being of any given holy thing or action as holy; it implies only that holiness is that by which holy things are holy. It implies, to borrow another bit of Aristotelian vocabulary, that holiness is a cause." But precisely in what way is a Form "that by which" something is what it is? Plato subsequently answers by distinguishing the Form itself, its character as participated by a particular thing, and the participant : the Form is that by which some thing is what it is through the participated character which the thing has. Is this answer implied in the Euthyphro? Or in what sense is a Form distinct from particular things? In what sense a formal cause? That puzzlement, though, is minor in the context of the entire book, which is valuable not only for the interpretation Allen gives of the early and middle dialogues but also for all sorts of unexpected bonuses. These are points either newly made or brilliantly reiterated--for example, the influence of Anaxagoras on Plato re the notion of essence and in philosophical vocabulary; Aristotle's abandonment of the contrast made in the Categories between primary and secondary substance; the crucial difference between genus/species in Aristotle and in Plato (enriched/impoverished; the analogy of a Platonic definition to mapping a field; the evaluation of Aristotle's interpretation of Plato's Forms, of his report on the "unwritten doctrines," of esoteric and exoteric teachings. This last culminates in a paragraph which all students of Plato should reflect upon constantly: "It is possible to treat Plato's text, not as evidence for something else, but as itself the primary object of historical understanding. The aim of the inquiry is then to interpret a set of literary documents, not to fathom the entertained beliefs of their author. It is reasonable, of course, to assume that the documents are a reliable index to the beliefs; but the connection, after all, is contingent, and as far as interpretation is concerned, unimportant. If Plato, in his heart of hearts, had been a nominalist, an atheist, a sceptic about immortality, and a hedonist, and had yet gone on to write the dialogues which he wrote for some obscure motive now unknown, this would not change the proper interpretation of what he wrote and privately disbelieved by one iota: when a man says what he does not believe, we may still perfectly well understand what it is he has said. The question, then, of whether Plato had beliefs he did not express, or beliefs contrary to what he did express, may be left to those with skill in the arts of divination; the historian may more reasonably limit himself to the study of texts and their meaning. If inquiry is construed in this way, it is self-referentially inconsistent to prefer the testimony of Aristotle to the evidence of Plato's text in the interpretation of Plato."--L. S. (shrink)

Respectively in the public andin the private spheres, both sovereignty and property are expressions of the turn to the primacy of the interests of the individual at the beginning of the Modern Ages: in the first case this primacy is related to the individual state, in the second to the individual economic actor. The centrality of individuality, as the most distinguishing feature of modern thinking, thus lies at the basis of the interconnection between the two concepts. This is (...) developed according to three distinct patterns. In the light of the first pattern, sovereignty degenerates into a mere means in the service of defending private interests, thereby eluding its fundamental public function. On the other hand, from the perspective of the second pattern, individual property leaves the private domain, claiming absoluteness and presuming to replace the public dimension. Both these patterns reflect one-sided relations in which the two terms — sovereignty and property — merge in opposite ways, but always losing their specific content and rationale in the context of the social order. The third pattern is the only one in which sovereignty and property maintain their respective functions, with the two elements synergistically contributing to a social order in which public sphere and private dimension are both recognized as essential components. Here, public sovereignty and private property are co-essential insofar as sovereignty derives from individual will, private property is fundamental for the individual to pursue the personal self-realization that lies at the basis of his/ her legitimation of sovereignty, and — finally — public power is at the service of defending the rights and interests of all individuals. (shrink)

An exciting English-language edition which for the first time presents Thomas Hobbes's masterpiece Leviathan alongside two earlier works, The Elements of Law and De Cive. By arranging the three texts side by side, Baumgold offers readers an enhanced understanding of Hobbes's political theory and addresses an important need within Hobbes scholarship. The parallel presentation highlights substantive connections between the texts and makes it easy to trace the development of Hobbes's thinking. Readers can follow developments both at the (...) 'micro' level of specific arguments and at the 'macro' level of the overall scope and organization of the theory. The volume also includes parallel presentations of Hobbes's chapter outlines, which serve as a key to the texts and are collected in a précis appendix. (shrink)

Feelings of guilt are human emotions that may arise if a person committed an action that contradicts basic moral mores or failed to commit an action that is considered moral according to their ethical standards and values. Psychological scholarship distinguishes between altruistic guilt (AG) and deontological guilt (DG). AG results from having caused harm to an innocent victim, either by acting or failing to act, whereas DG is caused by violating a moral principle. Although physicians may be expected to (...) experience frequent feelings of guilt in their demanding and intensive work, it is surprising to find that this issue has not been explored in the professional literature on medical ethics. To that end, we conducted a qualitative study that included personal in-depth interviews with Sunni Muslim gynaecologists. These doctors provide underground infertility care and perform religiously forbidden treatments involving sex selection and gamete donation. They opened their hearts and spoke about the emotionally taxing pangs of conscience they suffer. Analysing their narratives led us to characterize their feelings of guilt as DG. We discuss the causes for their plight and the way they cope with it, compare DG to the concept of moral distress, and call for future research on clinicians’ feelings of guilt and pangs of conscience. (shrink)

Margaret Kohn has argued that fin-de-siècle French Solidarists such as Alfred Fouillée developed a “third way” between capitalism and socialism which still provides a powerful justification for “welfare state” institutions and public-goods provision. But how does Solidarism respond to the demands for environmental justice, and against environmental racism, which have emerged in the past 50 years, mostly in Women of Color-led social movements. Distinguishing three elements of environmental justice, and also pinpointing the logic of expendability at (...) the core of environmental racism, the current article shows that Solidarism has more resources than liberal egalitarianism to challenge environmental injustice, but that, in the white supremacist state, environmental racism in particular poses an especially difficult challenge. After discussing the Solidarists’ divergent responses to feminism and Social Darwinism, the paper shows that, provided Solidarists are also in solidarity with social movements of the oppressed, their doctrine can aid the struggle for equal status. (shrink)

Replying to the variegated responses by theologian Langdon Gilkey, philosophers Richard McClelland and Robert Deltete, and biologist Rudolf B. Brun, I emphasize three elements of my theological use of autopoietic theory: (1) Autopoietic systems are less than self‐constitutive, since they do not create themselves from scratch, but more than self‐organizing, since they are capable of producing new elements inside the local system. Correspondingly, the theological importance of autopoietic theory is not found within the doctrine of a creation (...) out of nothing but within the doctrine of non‐uniform continuous creation. (2) Locating the concept of autopoiesis within third‐generation systems theory, I underline the pluriform character of type‐different systems; the possibility of giving a full causal account from the purview of any privileged single systems (including physics) is thus denied. (3) I distinguish between two complementary roles of theology in the dialogue between science and religion: whereas theology1 offers a participatory second‐order description of the internal meaning of particular traditions of faith, theology2 provides a third‐order inquiry into the external coherence between religious and nonreligious worlds of meaning. Theology2, however, always presupposes the internal descriptions of theology1. On this basis, my use of autopoietic theory is related to the theologies of creation and providence of Paul Tillich and Langdon Gilkey; likewise, I discuss various theological strategies for relating a theology of creation to standard interpretations of evolution. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Global Healing and Reconciliation:The Gift and Task of Religion, a Buddhist-Christian PerspectivePeter C. Phan"No peace among nations without peace among the religions. No peace among the religions without dialogue between the religions. No dialogue between the religions without investigation of the foundation of the religions." Hans Küng's oft-quoted dictum proves even more apposite in the current international situation. Whether or not the September 11, 2001, tragedy and (...) its aftermath can be accounted for in religious terms, there has been a widespread perception that they were part of the conflict between Islam and the West and that this "clash of civilizations" has deep roots in different religious worldviews.Hindsight now shows us that "smart bombs" and armies do not and cannot resolve political problems in Afghanistan and Iraq or spread democracy in the world no matter how one judges the morality of these wars. The question then arises whether there are other ways and means to achieve world peace and reconciliation, to bring about healing among nations, and whether religions can be counted among these. More specifically, if religions can be harnessed to this task, which elements of the "foundation of the religions"—to use Hans Küng's words—need to be investigated in the dialogue among religions in order to bring about reconciliation among religions that in turns leads to reconciliation among nations?This essay explores how Buddhists and Christians can together serve the cause of peace and reconciliation among nations. I will first reflect on the nature, strategies, and spirituality of reconciliation. Next, I consider how the Buddha's and Jesus' teachings on justice, forgiveness, and reconciliation can contribute to global healing. To show the transformative power of these teachings, I conclude with some reflections on how the followers of the Buddha and Jesus can work together for world peace and global healing.Global Healing and Reconciliation: Strategies and SpiritualityAt first sight it seems preposterous and hypocritical to speak of global healing and reconciliation as the gift and task of religion. A brief glance at the history of global [End Page 89] warfare will persuade us of the sad fact that, in the words of Charles Kimball, "more wars have been waged, more people killed, and these days more evil perpetrated in the name of religion than by any other institutional force in human history."1 One is reminded of Jesus' injunction that we must first take the log out of our own eyes before attempting to take the speck out of our neighbor's (Matthew 7:5). Yet, religion is arguably the most powerful and effective institutional force for peace and reconciliation. To see how religion can bring this gift of peace to the world and achieve this task of global healing, a brief consideration of the nature and process of reconciliation is helpful.Etymologically, reconciliation means to cause two estranged persons or groups to meet each other again (re-, again + concilium, meeting). By extension, it means to resolve a dispute and to re-establish friendship and harmony, or, at a minimum, peaceful coexistence between opposed individuals or groups.2Reconciliation is both a process and a state of affairs. As process, it sets into motion a complex of agencies and strategies that cannot be used as a universally applicable recipe but requires appropriate tailoring to diverse contexts.3 The process includes certain intermediate stages as conditions of possibility for achieving the desired result. As a personal and sociopolitical state of affairs, reconciliation is an ever-fragile and elusive reality. Ultimately, because of human propensities toward violence and domination, total reconciliation and perfect peace is not achievable by human efforts but is hoped and prayed for as an eschatological gift bestowed by God or as a transcendent blessing beyond this world. This fact does not of course diminish our responsibility to bring about global healing by means of all the resources available, religious and otherwise.What Reconciliation Is NotIn our work for reconciliation it is essential to ascertain what it is not. In a helpful study on reconciliation Catholic theologian Robert Schreiter distinguishes three concepts that are allied to reconciliation but can distort its true sense. The first... (shrink)

The central role played by Darwin's analogy between selection under domestication and that under nature has been adequately appreciated, but I have indicated how important the domesticated organisms also were to other elements of Darwin's theory of evolution-his recognition of “the constant principle of change,” for instance, of the imperfection of adaptation, and of the extent of variation in nature. The further development of his theory and its presentation to the public likewise hinged on frequent reference to domesticates.We (...) have seen that Darwin's reliance on the analogy between domesticated varieties and wild species was a bold and original step, in light of contemporary views on the nature of domesticates. However, as Darwin undoubtedly foresaw, his reliance on the analogy created difficulties as well as solving problems, and these began with his Malthusian codiscoverer of the principle of natural selection, Alfred Russel Wallace. Wallace's paper “On the Tendency of Varieties to Depart Indefinitely from the Original Type,” presented to the Linnean Scoiety along with the first public unveiling of Darwin's theory, states: We see, then, that no inferences as to varieties in a state of nature can be deduced from the observation of those occurring among domestic animals. The two are so much opposed to each other in every circumstance of their existence, that what applies to the one is almost sure not to apply to the other. Domestic animals are abnormal, irregular, artificial; they are subject to varieties which never occur and never can occur in a state of nature.62Much has been made of the similarity of views of Darwin and Wallace, but this quotation surely reveals how utterly different their views were on what to Darwin was an important matter. Several critics of the Origin saw Darwin's reliance on the domesticates as his Achilles heel. As Young has pointed out, Samuel Wilberforce included the following passage in his attack on the Origin: Nor must we pass over unnoticed the transference of the argument from the domesticated to the untamed animals. Assuming that man as the selector can do much in a limited time, Mr. Darwin argues that Nature, a more powerful, a more continuous power, working over vastly extended ranges of time, can do more. But why should Nature, so uniform and persistent in all her operations, tend in this instance to change? Why should she become a selector of varieties?63Another critic, Fleeming Jenkin, found the analogy a weakness in Darwin's theory because of the limited extent of variation in any one direction in domestic animals and plants.64 We have already seen that Darwin had confided a similar view to his notebook thirty years earlier, but changed his mind as a result of his profound study of domesticates. De Beer's reference to “an English country gentleman's knowledge of domestic plants and animals and their breeding”65 fails totally to recognize the originality and depth of Darwin's knowledge of domesticates.Why did Darwin, against the currents of his time, rely so heavily on mankind's experience with domesticated organisms to shape his theory about species in nature? On reason is that only with domesticates was an approach that came close to experimental verification possible. Darwin fully realized the inadequacies of the experiment, as is emphasized by his repeated contrasting of selection under nature and selection by man. Yet the extensive experience and data of plant and animal breeders offered the only reliable base against which Darwin could continually challenge his views. As he wrote in the introduction to Variation, with domestication, “man ... may be said to have been trying an experiment on a gigantic scale.”66 Given Darwin's high opinion of the quantitative work of Malthus and Quetelet (as emphasized by Schweber),67 and his unremitting efforts to secure data by which to test his theories, it was inevitable that he should attach high significance to domesticated varieties. John Tyndall, in his Belfast address of 1874, said: “The strength of the doctrine of Evolution consists, not in experimental demonstration (for the subject is hardly accessible to this mode of proof), but in its general harmony with scientific thought.”68 Darwin would have agreed with the latter thought, but I think he would have challenged the preceding one on the grounds that long experience with domesticated varieties did provide an element of experimental demonstration. It gave him confidence in his theory, and he used his vast knowledge of artificial selection boldly and creatively. (shrink)

In their extensive overview of various concepts of presumption Godden and Walton recognise “the heterogeneous picture of presumptions that exists in argumentation theory today”. I argue that this heterogeneity results from an epiphenomenal character of the notion of presumption. To this end, I first distinguish between three main classes of presumptions. Framework presumptions define the basic conditions of linguistic understanding and meaningful conversation. The “presumption of veracity” is their paradigm case. I argue that such presumptions (...) are satisfactorily covered by the Principle of Charity, or else Gricean maxims or satisfaction conditions for speech acts. Formal presumptions are general presumptive rules of argument, theorised as topoi or acceptable inference warrants, including institutional warrants. Material presumptions are acceptable outcomes of nested or outsourced arguments, which entitles arguers to use them as acceptable premises or opinions in further arguments without the typical burden of proof. If this is correct, then the study of presumption always collapses into the study of other, likely more fundamental, concepts. Does it render presumptions, by Occam’s Razor, altogether redundant in argumentation theory? I tentatively answer this question from a consistently conversational perspective on argumentation; I argue that the pragmatic grounds for presumptions are to be found in the conditions for speech act performance in the institutional social world, as developed by Searle. (shrink)