In this paper, we establish gastrospaces as a subject of philosophical inquiry and an item for policy agendas. We first explain their political value, as key sites where members of liberal democratic societies can develop the capacity for a sense of justice and the capacity to form, revise, and pursue a conception of the good. Integrating political philosophy with analytic ontology, we then unfold a theoretical framework for gastrospaces: first, we show the limits of the concept of “third place;” (...) second, we lay out the foundations for an ontological model of gastrospaces; third, we introduce five features of gastrospaces that connect their ontology with their political value and with the realization of justice goals. We conclude by briefly illustrating three potential levels of intervention concerning the design, use, and modification of gastrospaces: institutions, keepers, and users. (shrink)

Feminist philosophy has recently become recognised as a self-standing philosophical sub-discipline. Still, metaphysics has remained largely dismissive of feminist insights. Here I make the case for the value of feminist insights in metaphysics: taking them seriously makes a difference to our ontological theory choice and feminist philosophy can provide helpful methodological tools to regiment ontological theories. My examination goes as follows. Contemporary ontology is not done via conceptual analysis, but via quasi-scientific means. This takes different ontological positions (...) to be competing hypotheses about reality’s fundamental structure that are then assessed with a loose battery of criteria for theory choice. Such criteria make up the constitutive values of ontology. These values are distinguished from contextual values of a practice: the political and moral values embedded in the social context of inquiry.. (shrink)

In this article I address the question of whether corporations should be considered as part of the basic structure of society as defined in Rawls’s Theory of Justice. To do so, it becomes necessary to understand which institutions are crucial for defining Rawls’s basic structure of society. I will argue that a social ontology aimed at understanding how human institutions influence various aspects presupposed in Rawls’s basic structure of society can help addressing this topic. To do so, I shall (...) draw upon the social ontology elaborated by Searle, who follows an approach that is particularly suitable for showing how Rawls’s basic structure of society already contains an institutional setting that must take corporations into account in its very formulation, due to the implications of the activities of the corporation for distributive justice. (shrink)

This volume explores new and urgent applications of collective action theory, such as global poverty, the race and class politics of urban geography, and culpable conduct in organizational criminal law. It draws attention to new questions about the status of corporate agents and new approaches to collective obligation and responsibility.

Flesh of My Flesh is a collection of articles by today's most respected scientists, philosophers, bioethicists, theologians, and law professors about whether we should allow human cloning. It includes historical pieces to provide background for the current debate. Religious, philosophical, and legal points of view are all represented.

Speaking with understanding and force, Tillich offers a basic analysis of love, power, justice, and all concepts fundamental in the mutual relations of people, of social groups, and of humankind to God. His concern is to penetrate to the essential, or ontological foundation of the meaning of each of these words.

In this paper I make four claims. First, there is an apparent contradiction in Spinoza’s theory of justice. On the one hand, in the Tractatus Theologico-Politicus (1670), he argues that justice is entirely conventional and depends on the ruler’s decision. On the other hand, in the later and unpublished Tractatus Politicus (1677), he claims that man really is a social animal and that we can articulate ideal forms of justice on that basis. Second, to address this apparent (...) inconsistency, we need to look at Spinoza’s use of early modern scholastic metaphysics. Although he rejects scholastic natural law theory, he has adopted another concept from the scholastics that is crucial for his theory: the notion of a ‘being of reason’ (ens rationis). Third, if we consider justice as a kind of being of reason, then we can resolve the apparent contradiction in Spinoza’s approach. I shall argue that concepts of justice are imaginative ‘beings of reason.’ They are products of convention that are not derived from general features of the world but from a particular set of circumstances. Fourth, Spinoza’s social ontology of political concepts like justice has some distinct advantages for contemporary theory. This approach shows how we might be able to provide a framework to integrate politics and natural science without reducing one to the other. (shrink)

This book presents an original exploration of philosophical questions pertaining to the ways we grasp the Absolute by bringing together the Buddhist notion of interpermeation of all phenomena into contemporary strains of thought in continental philosophy. This text introduces an ontological concept, granularity, deploying it to probe questions concerning the intersection of ontology, ethics, and education. A wide range of issues in metaphysics are covered—including being, nothingness, unity, plurality, truth, change, transformation, subjectivity, contradiction, coherence, potentiality—from the perspective of thinkers (...) such as Hegel, Heidegger, Badiou, Meillassoux, Malabou, Žižek, and Harman. The text deploys granularity in arguing for an ethics of unconditional hospitality within education. This volume is intended for students and researchers working in the areas of philosophy of education, philosophy of religion, and continental philosophy. (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)

Applying Heideggerian tool ontology to antiblack racism in the United States, Ontological Branding argues that race is a tool to constrain nonwhite persons, especially Black persons, to ways of being in service to the white world. U.S. law’s colorblind “equality” safeguards white supremacy, and racial justice instead requires ontological equality.

Freedom, value, power, justice, government, legitimacy are major themes of the present inquiry. It explores the ontological structure of human beings associating with one another, the basic phenomenon of society. We human beings strive to become who we are in an ongoing power interplay with each other. Thinkers called as witnesses include Plato, Aristotle, Anaximander, Protagoras, Hobbes, Locke, Adam Smith, Hegel, Marx, Schopenhauer, Heidegger, Schumpeter, Hayek, Schmitt, Ernst Jünger, et al.

Ontology has been traditionally guided by sophia, a form of knowledge directed toward that which is eternal, permanent, necessary. This tradition finds an important early expression in the philosophical ontology of Aristotle. Yet in the Nicomachean Ethics, Aristotle's intense concern to do justice to the world of finite contingency leads him to develop a mode of knowledge, phronsis, that implicitly challenges the hegemony of sophia and the economy of values on which it depends. Following in the tradition of the (...) early Heidegger's recognition of the ontological significance of Aristotle's Ethics and of Gadamer's appropriation of phronsis for hermeneutics, this article argues that an ontology guided by phronsis is preferable to one governed by sophia. Specifically, it suggests that by taking sophia as its paradigm, traditional philosophical ontology has historically been determined by a kind of knowledge that is incapable of critically considering the concrete historico-ethico-political conditions of its own deployment. This critique of sophia is accomplished by uncovering the economy of values that led Aristotle to privilege sophia over phronsis. It is intended to open up the possibility of developing an ontology of finite contingency based on phronsis. Such an ontology, because it is guided by and must remain responsible to the concrete individual with which it is engaged, would be ethical at its very core. (shrink)

Reno v. ACLU, the 1997 landmark decision by the United States Supreme Court providing sweeping protection to speech on the Internet, is usually discussed in terms of familiar First Amendment issues. Little noticed in the decision is the significance of the ontological assumptions of the justices in their first visit to cyberspace. I analyze the apparent awareness of the Supreme Court of ontological issues and problems with their approaches. I also argue that their current ontological assumptions have (...) left open the door to future suppression of free speech as the technology progresses. Ontology is significant because zoning in the physical world has long been recognized as a way to segregate "adult" entertainment from minors. So far, at least, the justices seem to agree that such zoning is not possible in cyberspace, and therefore that adult zones for certain forms of expression are not possible. But this conclusion is far from settled. The degree of free speech on the Internet in the future will depend on whether or not our ontological understanding of cyberspace supports such zoning or renders it incoherent or impossible. (shrink)

This paper ist addressed to the contemporary crisis in the foundation of values. I argue that the justification of norms and values cannot be provided either by positivist approaches which derive from models of objective scientific explanation or by phenomenological approaches based on subjective intentionality. I propose a new approach to the justification of norms and values which I call social ontology. Such an approach sees values as having their foundation in the nature of human action and of social reality. (...) I argue that such fundamental values as freedom and justice are grounded in the character of human agency and in the structure of reciprocity in social relations. I proceed to argue that this social ontology overcomes the dichotomy between fact and value and that such an approach, while it is historical, is not relativist. (shrink)

In order to show the validity of here proposed conception of social ontology and its advantages over descriptive theories of social reality, which in the analysis of the socio-ontological status of human rights find only legally understood normativity as present in social reality, we will first lay out Searle’s interpretation of human rights. In the second step, we will introduce the methodical approach and basic concepts of our socio-ontological position, and explain the structure of the relationship between (...) class='Hi'>justice, law, morality, social institutions and collective intentionality. At the end we will show how our theory of social ontology is better than Searle’s legal positivism in examining the ontological status of human rights. At the end, we show in what ways such a theory of social ontology more intuitively and with wider arguments explains the ontological status of institution of human rights than Searle’s legal positivism. (shrink)

Various arguments have been provided for drawing non-humans such as animals and artificial agents into the sphere of moral consideration. In this paper, I argue for a shift from an ontological to a social-philosophical approach: instead of asking what an entity is, we should try to conceptually grasp the quasi-social dimension of relations between non-humans and humans. This allows me to reconsider the problem of justice, in particular distributive justice . Engaging with the work of Rawls, I (...) show that an expansion of the contractarian framework to non-humans causes an important problem for liberalism, but can be justified by a contractarian argument. Responding to Bell’s and Nussbaum’s comments on Rawls, I argue that we can justify drawing non-humans into the sphere of distributive justice by relying on the notion of a co-operative scheme. I discuss what co-operation between humans and non-humans can mean and the extent to which it depends on properties. I conclude that we need to imagine principles of ecological and technological distributive justice. (shrink)

In the discussion of global ethics, philosophical ethics risks losing its distinct theoretical horizons. This predicament arises primarily from philosophy's failure to anchor its own object and to provide a rational basis for global justice from within its current confined theoretical paradigm. Against this background, this paper will first prioritize global co-existence as the primary concern of global ethics, then propose ontological co-existence justice as its foundational principle, and finally argue that the normative validity of co-existence (...) class='Hi'>justice is predicated on the nations fulfilling the critical requirements of modern civilization, namely, the advancement of individual freedom. (shrink)

In _Ontological Terror_ Calvin L. Warren intervenes in Afro-pessimism, Heideggerian metaphysics, and black humanist philosophy by positing that the "Negro question" is intimately imbricated with questions of Being. Warren uses the figure of the antebellum free black as a philosophical paradigm for thinking through the tensions between blackness and Being. He illustrates how blacks embody a metaphysical nothing. This nothingness serves as a destabilizing presence and force as well as that which whiteness defines itself against. Thus, the function of blackness (...) as giving form to nothing presents a terrifying problem for whites: they need blacks to affirm their existence, even as they despise the nothingness they represent. By pointing out how all humanism is based on investing blackness with non-Being—a logic which reproduces antiblack violence and precludes any realization of equality, justice, and recognition for blacks—Warren urges the removal of the human from its metaphysical pedestal and the exploration of ways of existing that are not predicated on a grounding in Being. (shrink)

What is fair? How and when can punishment be legitimate? Is there recompense for human suffering? How can we understand ideas about immortality or an afterlife in the context of critical thinking on the human condition? In this book L. E. Goodman presents the first general theory of justice in this century to make systematic use of the Jewish sources and to bring them into a philosophical dialogue with the leading ethical and political texts of the Western tradition. Goodman (...) takes an ontological approach to questions of natural and human justice, developing a theory of community and of nonvindictive yet retributive punishment that is grounded in careful analysis of various Jewish sources—biblical, rabbinic, and philosophical, His exegesis of these sources allow Plato, Kant, and Rawls to join in a discourse with Spinoza and medieval rationalists, such as Saasidah and Maimonides, who speak in a very different idiom but address many of the same themes. Drawing on sources old and new, Jewish and non-Jewish, Goodman offers fresh perspectives on important moral and theological issues that will be of interest to both Jewish and secular philosophers. (shrink)

In the discussion of global ethics, philosophical ethics risks losing its distinct theoretical horizons. This predicament arises primarily from philosophy's failure to anchor its own object and to provide a rational basis for global justice from within its current confined theoretical paradigm. Against this background, this paper will first prioritize global co-existence as the primary concern of global ethics, then propose ontological co-existence justice as its foundational principle, and finally argue that the normative validity of co-existence (...) class='Hi'>justice is predicated on the nations fulfilling the critical requirements of modern civilization, namely, the advancement of individual freedom. (shrink)

Quine’s general approach is to treat ontology as a matter of what a theory says there is. This turns ontology into a question of which existential statements are consequences of that theory. This approach is contrasted favourably with the view that takes ontological commitment as a relation to things. However within the broadly Quinean approach we can distinguish different accounts, differing as to the nature of the consequence relation best suited for determining those consequences. It is suggested that Quine’s (...) own narrowly formal account fails. Then a consideration of the necessitation approach championed by Jackson and Lewis shows that it does not do justice to the role of acknowledging consequences in determining rationality. I suggest that an approach which puts a priori consequence as the key relation does a better job. The task of spelling out the nature of a priori consequence is sketched, along with reasons to doubt the adequacy of the double indexing approach to analysing the a priori. The sorts of relations we can stand in to theories which allow us to inherit ontological commitments are touched on with a number of important philosophical strategies for introducing belief-like attitudes which nevertheless avoid ontological commitment. (shrink)

The Domain of Social Ontology -- Theories -- State and Justice -- A Cross-Section of Power.

Résumé : Ce travail cherche à proposer une redéfinition conceptuelle de la justice ou du penser et de l’agir justes pour surmonter ce que nous concevons être l’illusion et la contradiction qu’implique notre rapport au monde naturel. Sur la base d’un fondement naturaliste et biologique, la définition générale proposée cherche tant à encapsuler qu’à dépasser des conceptions plus classiques pour reconcevoir le juste comme un rapport symbiotique découlant de notre constitution et de notre dépendance en tant qu’espèce. -/- Abstract: (...) This paper tries to propose a conceptual redefinition of justice or of just thought and action to surmount what we conceive to be the illusion and the contradiction implied in our relationship with the natural world. On the basis of a naturalist and biological foundation, the general definition proposed has for objective to encapsulate and to transcend more classical conceptions in order to re-conceive the just as a symbiotic relation resulting from our constitution and dependency as a species. (shrink)

Spinoza studies have paid little attention to the concept of justice for centuries. However, he refers to it quite often in different contexts, especially in his mature texts. More specifically, he defines it as synonymous with suum cuique tribuere, even though he fails to provide a reasonable account of how this traditional legal expression fits into his philosophical system. This article shows that there is a relevant philosophical dimension in Spinoza’s treatment of the suum cuique that emerges out of (...) his notion of equality. The main section identifies the connection between Spinoza’s references on justice as suum cuique and the different conceptions of equality that are inherent in his system (an ontological, a metaphysical, a productive (ethical), a legal, and a political equality). The conclusion tries to answer the question of whether such an understanding of the suum cuique as equality constitutes a theory of justice or not. (shrink)

Many people have the intuition that the failure to impose punishment on perpetrators of such serious human rights violations as murder, torture and rape that occurred in the course of violent conflict preceding a society’s transition from authoritarianism to democracy amounts to an injustice. This intuition is to an appreciable extent accounted for by the retributivist outlook of a high proportion of those who share it. Colleen Murphy, however, though she accepts that retributivism may justify punishment of offenders in stable (...) democracies, claims in her recent book on transitional justice that retributivism is inapplicable in the circumstances of transitional justice. I argue that the four arguments she provides in support of this claim are unsuccessful and that retributivism, assuming it to be a tenable rationale for punishment, justifies the subjection of perpetrators of at least some serious human rights abuses to sanctions in at least some transitional societies. (shrink)

Political philosophy offers a range of utopian proposals, from open borders to global egalitarianism. Some object that these proposals ought to be constrained by what is feasible, while others insist that what justice demands does not depend on what we can bring about. Currently, this debate is mired in disputes over the fundamental nature of justice and the ultimate purpose of political philosophy. I take a different approach, proposing that we should consider which facts could fill out a (...) feasibility requirement. This search for the facts requires requires looking to the social sciences, but I argue that it turns out that the social sciences will not provide us with findings that rule out, nor even count against, the kinds of proposals that political philosophers actually make, whether ideal or non-ideal. At the least, to deny this requires adopting deeply controversial commitments within the philosophy of social science. Thus, I conclude that a feasibility requirement has little practical use for political philosophers. Disputes over that requirement ought to be replaced by other, more fruitful ways for political philosophers to address both the findings of social science and the debates over non-ideal theory or political realism. (shrink)

In this paper, I ask how – and whether – the rectification of injury at which corrective justice aims is possible, and by whom it must be performed. I split the injury up into components of harm and wrong, and consider their rectification separately. First, I show that pecuniary compensation for the harm is practically plausible, because money acts as a mediator between the damaged interest and other interests. I then argue that this is also a morally plausible approach, (...) because it does not claim too much for compensation: neither can all harms be compensated, nor can it be said when compensation is paid that the status quo ante has been restored. I argue that there is no conceptual reason for any particular agent paying this compensation. I then turn to the wrong, and reject three proposed methods of rectification. The first aims to rectify the wrong by rectifying the harm; the second deploys punitive damages; the third, punishment. After undermining each proposal, I argue that the wrong can only be rectified by a full apology, which I disaggregate into the admission of causal and moral responsibility, repudiation of the act, reform, and, in some cases, disgorgement and reparations, which I define as a good faith effort to share the burden of the victim’s harm. I argue, further, that only the injurer herself can make a full apology, and it is not something that can be coerced by other members of society. As such, whether rectification of the wrong can be a matter of corrective justice is left an open question. (shrink)

This paper is a commentary on Epicurus’ Kuria Doxa 33, according to which “justice is not anything in itself [τι καθ᾽ ἑαυτό].” It explores what it means for something to exist ‘in itself’ in Hellenistic philosophy, speculating on the sources of Epicurean technical vocabulary and suggesting an ontological reading of KD 33.

Applied ontology is the attempt to put to use the rigorous tools of philosophical ontology in the development of category systems which can be of use in the formalization and systematization of knowledge of a given domain. In what follows we shall sketch some elements of the ontology of legal and socio-political institutions, paying attention especially to the normativity involved in such institutions. We shall see that there is more than one type of normativity, but that this fact that has (...) often been ignored in standard attempts by philosophers to build ontologies of legal and other socio-political entities. In order to provide a sound system of categories for legal and socio-political institutions and entities, however, the manifold of normativity needs to be addressed. The classical examples of normative statements have been moral propositions; they do not merely describe states of affairs; they tell us how states of affairs ought to be. The distinction between how things are and how they ought to be is the basis of the distinction between fact and value. Analytic philosophers for a long time shunned discussions of normativity and ethics. They considered ethical statements as pseudo-propositions, or as expressions of pro- or con-attitudes of no theoretical significance.1 Nowadays, in contrast, prominent analytic philosophers discuss normative problems and there are important books written by such philosophers on topics such as law and justice. Here we pay attention to three seminal thinkers in this development: H. L. A. Hart, John Rawls, and John R. Searle in concerning ourselves especially with the way in which they deal with the issue of normativity. Hart is, within the context of recent analytic philosophy, the most important philosopher of law, Rawls the most.. (shrink)

"Ontology and Politics," in the conference "Thinking, Writing, Teaching, and Creating Social Justice," April 1994, presented as the conclusion of the Rockefeller Scholar-in-Residence program of the Center for Advanced Feminist Studies at the University of Minnesota.

Here is the first book to present Karl Marx as one of the great systematic philosophers, a man who went beyond the traditional bounds of the discipline to work out a philosophical system in terms of a concrete social theory and politico-economic critique. Basing her work on the Grundrisse (probably Marx's most systematic work and only translated into English for the first time in 1973), Gould argues that Marx was engaged in a single enterprise throughout his works, specifically the construction (...) of a systematic and philosophical theory of society. Gould examines five basic themes of Marx's social ontology: society, labor, causality, freedom, and justice, in five separate chapters, preceded by an introductory chapter explicating thesis and methods. The book shows how Marx's ontology, or theory of social reality, may be reconstructed from concrete details of his account of the historical stages of social development and from his analyses and critiques of capitalist economy. It clarifies further the value theory underlying Marx's critique of modern society and explores the question of how philosophy can play a major role in understanding and resolving social issues. This book will be of interest to all students of society, since it raises issues of the relationship of technologies to society and of the forms and prospects for socialism as a possible future society. It has deliberately been written in a style that makes the difficult, technical issues accessible to undergraduates just beginning to read Marx, as well as, of course, graduate students of social theory and specialized scholars. The lay reader will also be drawn to the particular content of this book and will enjoy the lucid, straightforward presentation. Marx's Social Ontology proposes a solution to a long-standing problem in interpretations of Marx: the apparent dilemma of his insistence on the ideal of full self-realization of the individual and his equal insistence on the ideal of full self-realization of the community. This is a book of major significance dealing with topics of enduring and current interest. (shrink)

How to read Plato's Dialogues? -- Freedom-general and universal -- Dialectic of library -- Participation and appropriation -- Onto-politics and political ontology -- Equality and difference -- The good-rationality, totality, dialectic -- Justice, politics and philosophy -- Foundations of responsibility -- The politics of virtue -- Dialectic of liberty revisited-democracy and Politeia -- Liberty in the Polis.

Contemporary political thought is deeply divided about the role of ontology in political thinking. Famously, political liberal John Rawls has argued that ontological claims are best to be avoided in political thought. In recent years, however, a number of theorists have claimed that ontology is essential to political philosophy. According to the contributors to this ‘ontological turn’, ontological investigations may foster the politicisation of hegemonic political theories and can highlight new possibilities for political life. This essay aims (...) to contribute to the debate about ontology in political philosophy by arguing that a compelling case for ontology can also be made in light of Rawls’ political liberalism itself, in particular, by taking seriously Rawls’ commitment to the politicisation of justice and the task of orientation of political philosophy. To make this case, the paper brings Rawls' perspective in conversation with the critical methodology and the ontology of agonism and reflections on parr... (shrink)

In this novel re-examination of the archetype construct, philosopher Jon Mills and psychiatrist Erik Goodwyn engage in spirited dialogue on the origins, nature, and scope of what archetypes actually constitute, their relation to the greater questions of psyche and worldhood, and their relevance for Jungian studies and analytical psychology today. Arguably the most definitive feature of Jung's metapsychology is his theory of archetypes. It is the fulcrum on which his analytical depth psychology rests. With recent trends in post-Jungian and neo-Jungian (...) perspectives that have embraced developmental, relational, social justice, and postmodern paradigms, classical archetype theory has largely become a drowning genre. Despite the archetypal school of James Hillman and his contemporaries and the archetype debates that captured our attention over two decades ago, contemporary Jungians are preoccupied with the lived reality of the existential subject and the personal unconscious over the collective transpersonal forces derived from archaic ontology. Archetypal Ontology will be of interest to psychoanalysts, philosophers, transpersonal psychologists, cultural theorists, anthropologists, religious scholars, and many disciplines in the arts and humanities, analytical psychology, and post-Jungian studies. (shrink)

This article examines the meaningful intervention that Gert-Jan Van der Heiden’s recent book, The Voice of Misery: A Continental Philosophy of Testimony, makes in the developing field of the philosophy of testimony. I argue that this intervention is accomplished through a phenomenological investigation into the nature of the testimonial object and of the demand that it makes upon one who bears witness. In taking such an approach, I argue, Van der Heiden initiates an ontological turn in the field of (...) testimonial theory, shifting the conversation away from a debate about the conditions in which belief in testimony is justified – a debate that has in many ways defined the field for philosophers in the Anglo-American tradition. I suggest that Van der Heiden’s account is helpful in demonstrating that, in many cases, doing justice to a testimonial object requires an epistemic-ethical attitude other than belief. The article concludes by developing a few questions for Van der Heiden based on my interpretation of his project, including to what extent his phenomenology of testimony can account for how often our receptivity to testimony depends on the default trust that we have in others by virtue of our fundamental immersion in social life. (shrink)

Reality is composed of many layers, including what John Searle calls “brute facts” and, superimposed on these, what he calls “social reality”. Ontology is the study of reality in its various layers, and involves attempts to describe that reality in ways that are useful and logically consistent. Philosophers and others who attempt to “build” ontologies, must examine the manners in which we can best describe objects, and devise structured vocabularies that can be used consistently, often across disciplines, and now with (...) an eye toward automation such that when people use terms to describe reality, a greater consistency, and thus better understanding, ensues. Any object of intentionality is capable of ontological analysis and greater clarity. Abstract objects composed by collective intentionality, such as the institutions and other objects that comprise “social reality”, are especially rich domains for ontological analysis. (shrink)

Thomasson’s easy ontology approach (2015) aims at deflating existence questions through a revival of Carnap’s (1950) distinction between internal and external questions. Importantly, her account depends on an analysis of the ordinary meaning of ‘exist(s)’ as a second-order predicate. I do two things in this paper. First, I show that Thomasson’s analysis fails to do justice to the complexity of the English predicate ‘exist(s)’. Against Thomasson, I argue that there are cases in which ‘exist(s)’ functions as a first-order predicate. (...) Because these cases were first noted by P.F. Strawson (1967), I will call them ‘Strawson-cases’. Secondly, I argue that these counterexamples give some support to (i) more substantive theories about existence as well as (ii) accounts that treat ‘exist(s)’ as varying in meaning. (shrink)

New Materialisms brings into focus and explains the significance of the innovative materialist critiques that are emerging across the social sciences and humanities. By gathering essays that exemplify the new thinking about matter and processes of materialization, this important collection shows how scholars are reworking older materialist traditions, contemporary theoretical debates, and advances in scientific knowledge to address pressing ethical and political challenges. In the introduction, Diana Coole and Samantha Frost highlight common themes among the distinctive critical projects that comprise (...) the new materialisms. The continuities they discern include a posthumanist conception of matter as lively or exhibiting agency, and a reengagement with both the material realities of everyday life and broader geopolitical and socioeconomic structures. Coole and Frost argue that contemporary economic, environmental, geopolitical, and technological developments demand new accounts of nature, agency, and social and political relationships; modes of inquiry that privilege consciousness and subjectivity are not adequate to the task. New materialist philosophies are needed to do justice to the complexities of twenty-first-century biopolitics and political economy, because they raise fundamental questions about the place of embodied humans in a material world and the ways that we produce, reproduce, and consume our material environment. Contributors Sara Ahmed Jane Bennett Rosi Braidotti Pheng Cheah Rey Chow William E. Connolly Diana Coole Jason Edwards Samantha Frost Elizabeth Grosz Sonia Kruks Melissa A. Orlie. (shrink)

Following W.V. Quine’s lead, many metaphysicians consider ontology to be concerned primarily with existential questions of the form, “What is there?”. Moreover, if the position advanced by Rudolf Carnap, in his seminal essay, “Empiricism, Semantics, and Ontology ”, is correct, then many of these existential ontological questions ought to be classified as either trivially answerable or as “pseudo-questions”. One may justifiably wonder, however, whether the Quinean and Carnapian perspective on ontology really does justice to many of the most (...) central concerns of this discipline. This chapter argues, by considering a particular ontological dispute between two different kinds of trope theorists, that some of the most interesting and important debates which properly belong to the study of being, whether we call it “metaphysics” or “ ontology ”, do not concern existential questions at all; rather, such disputes in some cases focus on non-existential disagreements over questions of fundamentality. (shrink)

Thomas Hofweber's Ontology and the Ambitions of Metaphysics is ambitious, thought-provoking, and a good read. It expands upon a project he's developed in several previous papers—a project that seamlessly weaves together both metaphysics and metametaphysics. The book is as much about methodology as it is about the substantive conclusions he draws about what there is. As a consequence, it is a long book that covers a lot of ground. Since I cannot do justice to all of it, I hope (...) my fellow symposiasts will take up parts of the book that I neglect. There is a lot of good stuff in there. (shrink)

In this paper we investigate ways to comply with justice in a liberal democracy. In order to do that, we sketch Rawls’s account of moral-consensus stability and discuss the alternative idea of stability reached through a modus vivendi. We defend modus vivendi as a way to achieve stability backed by a variety of reasons and even by ‘non-reasons’. By ‘non-reasons’ we mean alternative sources of motivation for compliance as a precondition of a stable coexistence. We focus on such sources, (...) which differ from reasons and beliefs, that are practices, shared values, and value experiences, in light of both a theoretical-political and a qualitative social-ontological perspective. We argue that individuals who experience the same values become collectives and even stable ones: the sharing of values creates social unity and makes collectives solid and resistant to individualistically centrifugal tendencies. (shrink)

There is a sense of doing justice prior to the juxtaposition of theory and practice, accounting for an ontological vulnerability prior to both social power andsocial vulnerability. Justice in the sense of “being true” involves fidelity to truth that we neither possess nor construct, preceding all efforts to enact justice. The charge to be just precedes any just act. There is a “patience of being,” or a receiving of being before acting, which we must then actively (...) take up. All this has implications for the practices of philosophy, including transcending the will to power by not clinging to one’s own place in History. The philosopher stands back and enters the void space of the human soul which is vulnerable, both terrorized and capable of terrorizing. This void is a “porosity of the soul” rather than pure nothingness. Though it is no particular project or activity, it allows all openness, receiving, and self-transcendence, and out of it comes the practical energy that feeds activity. The poverty of philosophy means relinquishing meaningless activity of construction in a purposeless universe by a willingness to be nothing, understanding the patience of being before servility and sovereignty, and the justice beyond them. (shrink)

The paper argues that the balanced relationship between freedom and justice enables man to achieve the social good ontologically speaking, i.e. the one that holds together everything that exists. Reflecting the ontological Good on a social level is made on zoon politikon translated by “being together with the others,” where freedom and justice coexist in equilibrium. Justice and thus lay contribute to the achievement of ontological Good by the fair sharing of the existing goods on (...) a social level and by human equality before courts. (shrink)