This paper aims to show the significance of respect in revealing the normative structure of Kant’s ethics to the agent as a finite rational being. I argue that understanding the moral law as a fact of reason is insufficient for fully recognizing its absolute value and the normative consequences it entails. Indeed, the finiteness of the human agent requires the experience of the feeling of respect, which not only has a motivational role but also an epistemic one. (...) I thus start by clarifying the nature of feeling for Kant in a way that highlights its complex structure. Then, I show how respect – as a particular kind of feeling – gives the agent a deeper understanding of her relationship with the moral law, thereby allowing the unveiling of Kant’s normative theory. (shrink)

In this article I offer a critical commentary on Jeanine Grenberg’s claim that, by the time of the second Critique, Kant was committed to the view that we only access the moral law’s validity through the feeling of respect. The issue turns on how we understand Kant’s assertion that our consciousness of the moral law is a ‘fact of reason’. Grenberg argues that all facts must be forced, and anything forced must be felt. I defend an (...) alternative interpretation, according to which the fact of reason refers to the actuality of our moral consciousness. (shrink)

The paper gives an interpretation of Kant's doctrine of the fact of reason against the background of a constructivist reading of his philosophy, which does not allow us to appeal to any indubitable facts. The fact of reason is the object of a philosophical account of the moral law forms the quid juris part of deduction or legitimization of the law. A more intuitive grasp of the fact is the phenomenon of reverence for duty which ordinary (...) people grasp in form of a feeling and emotion. (shrink)

Respect, as Kant describes it, has a duality of nature that seems to embody a contradiction – i.e., it is both a moral motive and a feeling, where these are thought to be mutually exclusive. Most solutions involve eliminating one of the two natures, but unfortunately, this also destroys what is unique about respect. So instead, I question the non-cognitive theory of emotion giving rise to the contradiction. In its place, I develop the cognitive theory implicit in Kant's (...) work, one in which emotions take the form of evaluative judgments that determine the will. I then show that, as a purely rational emotion, respect is perfectly suited to be a moral motive. (shrink)

Kant is by no means the pure rationalist that Husserl and others represented him as being. To the contrary I claim that Kant is an ethical intuitionist when it comes to our recognition of the validity of the moral law. Interpreting Kant’s famous thesis about the “fact of reason”, I will first argue for three interpretative theses: 1. The factum theory explains our insight into the binding character of the moral law; it is a theory of justification. (...) 2. In our consciousness of the categorical imperative, the moral law is immediately given in its unconditional and binding validity. 3. The unconditional validity of the CI is given in the feeling of respect. Drawing on basic thoughts of Reformed Epistemology, I will then sketch a way to defend Kant’s theory. (shrink)

Although in his earlier ethical writings Kant explains the concept of moral feeling, inherited from the British sentimentalists, as a peculiar feeling of respect for the moral law that functions as an incentive for moral actions, the Doctrine of Virtue seems to add complexity to the issue. There, Kant discusses two similar aesthetic predispositions, moral feeling and respect, whose relationship to the feeling of respect is far from clear. This article offers a (...) much needed elucidation of the relationship between these three concepts. In the first part, I show that Kant, in the writings before the Doctrine of Virtue, transforms the British sentimentalists’ construal of moral feeling into that of the feeling of respect as the sole moral incentive. In the second part, I argue that, although in the Doctrine of Virtue Kant distinguishes, for a specific reason, between the aesthetic predisposition of moral feeling and that of respect, they are both ultimately identical to the feeling of respect. The conclusion is that nothing of substance changes between Kant’s earlier thinking and his views in the Doctrine of Virtue; for Kant there is just one feeling that properly deserves the name of moral feeling, the feeling of respect. (shrink)

How can what we view as morally correct be the motive force for our actions? This work investigates this question with a view to Kant's action theory and moral philosophy, based on a close textual reading. In addition to a historical and systematic framework, it provides a comprehensive textual analysis of Kant's arguments, which also takes into account aspects of the history of his works. The result is a rich picture of Kant's theory of moral motivation, which is (...) not only rooted in Kant's concept of moral justification, but also supports it. Respect for the law is thus to be understood as a way in which human beings make the practical norm their own. According to the interpretation proposed here, moral reasons turn out to be unconditional, universally valid rules whose practical significance as subjective principles of action and motive can only be understood through Kant's theory of moral-rational sensibility. Kant's approach is thus not only of interest within his own work, but also makes an inspiring contribution to a contemporary theory of practical normativity. (shrink)

Kant's discussion of the feeling of respect presents a puzzle regarding both the precise nature of this feeling and its role in his moral theory as an incentive that motivates us to follow the moral law. If it is a feeling that motivates us to follow the law, this would contradict Kant's view that moral obligation is based on reason alone. I argue that Kant has an account of respect as feeling that is (...) nevertheless not separate from the use of reason, but is intrinsic to willing. I demonstrate this by taking literally Kant's references to force in the second Critique. By referring to Kant's pre-critical essay on Negative Magnitudes (1763), I show that Kant's account of how the moral law effects in us a feeling of respect is underpinned by his view that the will is a kind of negative magnitude, or force. I conclude by noting some of the implications of my discussion for Kant's account of virtue. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ill HUME ON THE MORALITY OF PRINCES "There is a maxim very current in the world," says Hume (Treatise III, ii, sec. 11) "that there is a system of morals calculated for princes, much more free than that which ought to govern private persons. " He interprets the maxim to mean that "the morality of princes... has not the same force as that of private persons, and may lawfully (...) be transgress 'd from a more trivial motive." And he gives as an example: "we must necessarily give a greater indulgence to a prince or minister, who deceives another; than to a private gentleman, who breaks his word of honour" (T 569). This passage, cryptic though it is, makes Hume sound bad. He seems to be a cynic, or a skeptic, or an immoralist, with respect to the morality of nations. Does he think that princes have a special right to act immorally? Even worse is the reason he gives: international relations just don't matter very much, he says. And the chapter in question is not just a self-contained essay more or less tacked on to the Treatise. Hume tries to connect it integrally with his theory of justice. The point of the chapter is not to put forward a view about the morality of international relations (a view Hume himself admits may be found shocking), but to demonstrate the power of the theory of justice by showing how the "maxim current in the world" can be defended upon the theory's principles. The passage has not won approval from recent commentators. One, Marshall Cohen, labels Hume a "moderate skeptic" with regard to international morality and argues vehemently that Hume's position 2 should be condemned as immoral. Cohen, who thinks that there is only one system of morality and that it 112 applies "with equal force to princes and private persons," evidently thinks any system weakening ordinary standards is immoral by definition. He traces Hume's allegedly morally flawed views to what he regards as a deep flaw in Hume's moral theory, namely, his conventionalism. J. L. Mackie and Jonathan Harrison are both considerably more sympathetic to Hume's general position, but nevertheless are critical of the chapter in question. They agree with Hume's observation that international morality is weaker than private. (Harrison points out that people tend to regard breaches of private morality as more serious than breaches of international morality: "A minister may be dismissed for sexual misconduct, although he breaks solemn treaties with other nations with impunity." But, contrary to Hume, they find this weakness deplorable, Harrison arguing that, given the relative amount of harm princes do, the indulgence allowed them is irrational. Harrison in fact at first agrees with Hume: "He is right, too, in suggesting that the obligations of nations to be just in their dealings with one another is [sic] of less force than the obligations of private persons." But after ten pages he has evidently changed his mind: "[with respect to] what Hume says about the comparative force of the morality of princes and the morality of private persons, though it is clear that there is nothing in principle wrong with Hume's view that the former has less force than the latter... it is doubtful whether he is right in saying that the former do in fact have less force than the latter." Like Cohen, who holds that "Injustice among nations should be regarded as being as reprehensible as injustice among individuals," Harrison concludes (more tentatively than Cohen) "my 113 own feeling... is that though Hume is right in thinking that the morality of princes is commonly regarded as being of less force than private morality, he is wrong... in thinking that... they [sic] are of less force." So none of our commentators agree with Hume that international morality not only is, but is properly, weaker than domestic. How did Hume go wrong? Hume argues that international morality is weaker because the interests at stake are less. Where the interests at stake do not matter very much, Hume thinks, it is not so important what people do, and thus the moral obligations involved are weaker. (Hume thinks this idea... (shrink)

Morality is a normative system of guidance that figures into practical reason by telling people what to do in various situations. The problem, however, is that morality has inherent gaps that often render it inefficacious. First, it may be indeterminate due to the high level of generality in which its principles are formulated. Second, moral terms such as ‘good’ and ‘right’ may be so vague that they fail to specify the requisite behavior. And third, its subjective aspect, which is (...) a product of personal experience, generates moral disagreement and thereby creates coordination problems that frustrate society’s collective moral aims. The objective of this article is to advance the thesis that morality must sometimes depend on law as a supplementary source of practical reason, a dependence which can be explained in terms of three essential features of law: its institutional character, its claim to authority, and its status as a second-order exclusionary reason for action. It shall then be explained how these three features enable law to make difficult decisions on behalf of individuals, define objective standards of conduct, and solve coordination problems, respectively, and in doing so, manage to fill in the gaps of morality mentioned above. Hence, it will be argued that law is also a normative system that helps people achieve their moral aims, notwithstanding the fact that it guides human behavior through a different logic and mode of operation from those of morality. (shrink)

It is often assumed that Fichte's aim in Part I of the System of Ethics is to provide a deduction of the moral law, the very thing that Kant – after years of unsuccessful attempts – deemed impossible. On this familiar reading, what Kant eventually viewed as an underivable 'fact' (Factum), the authority of the moral law, is what Fichte traces to its highest ground in what he calls the principle of the 'I'. However, scholars have largely (...) overlooked a passage in the System of Ethics where Fichte explicitly invokes Kant's doctrine of the fact of reason with approval, claiming that consciousness of the moral law grounds our belief in freedom (GA I/5:65). On the reading I defend, Fichte's invocation of the Factum is consistent with the structure of Part I when we distinguish (a) the feeling of moral compulsion from (b) the moral law itself. (shrink)

To advance a successful reading of Kant's theory of motivation, his interpreter must have a carefully developed position on the relation between our rational and sensible capacities of mind. Unfortunately, many of Kant's commentators hold an untenably dualistic conception, understanding reason and sensibility to be necessarily conflicting aspects of human nature that saddle Kant with a rigoristic and fundamentally divided moral psychology. Against these interpreters, I argue for a reading that maintains a unified conception, claiming that we must think (...) of reason and sensibility as interdependent capacities, which stand to one another as form to matter. Our sensible nature thus does not stand opposed to reason; its fundamental character is determined by reason's activity. I take Kant's account of moral motivation and the feeling of respect to represent the lynchpin of this unified account. Against interpreters who would emphasize either the intellectual or affective nature of respect, I claim that it should be understood as the formal element of moral sensibility, the result of practical reason determining the capacity to feel and fundamentally transforming its character. To make this argument, I draw on Kant's account of sensibility in the Critique of Pure Reason, claiming that space, time, and respect for the moral law are analogous formal elements of sensibility. (shrink)

In this paper, I argue against the view, most eloquently advocated by Dieter Schönecker, that Kant is what I call a “sensualist intuitionist.” Kant’s text does not accommodate a sensualist intuitionist reading; the fact of reason is cognized by reason, not intuition. I agree with Schönecker that the feeling of respect for the moral law makes us feel its obligatory character, but I disagree that this feeling constitutes cognition of the normative content of the moral (...) law. We do not cognize the validity of the moral law through feeling. I argue instead for what I take to be the standard view: We feel through respect for the moral law the limiting and humiliating effect that rational cognition of the moral law has on our sensibility. (shrink)

In recent years, scholars have put forth a formidable defense of Kant's views on moral motivation. Their common goal has been to disclose the emotional dimension of his practical philosophy, an aspect of his thought arguably concealed by a couple of centuries of wrongheaded criticism. Yet a systematic study of the subjective factors that underlie moral performance as Kant understood it was missing. This dissertation tries to fill that gap. I reconstruct his theory of moral performance since (...) 1755, and show why he ends up developing views that have aroused so much criticism. I share many of those criticisms and ask: Why do we have to assume that pure reason has driving mechanisms of its own? In order to answer this question, I focus first on what he calls the aesthetic preconcepts that make the mind susceptible to concepts of pure duty, and conclude that he does not succeed in showing a convincing connection between the moral law and the feeling of respect. Moreover, the theory that he puts forth to overcome this difficulty--the fact of reason--proves to be even more unsatisfactory. Problems beset his view of conscience as well. I show that the conception of the self that supports his definition of conscience is vulnerable to the change of self-deception. I finish with an examination of the religious beliefs that keep moral interest alive, but my conclusion is once more not favorable to Kant. Those beliefs seem to have no power for accomplishing the function that he has reserved for them. It could even be argued that they are intrinsic to the process of self-deception. (shrink)

According to Kant, to be morally obliged is to be aware of a moral principle, which in turn is 'constituted' by reason. We feel subjectively obliged because we are aware of an objective moral principle by virtue of our sensual-rational dual nature through the feeling of respect. The demand of the moral law is in turn objectively justified by the fact that it is a law of reason.

A familiar post-Kantian criticism contends that Kant enslaves sensibility under the yoke of practical reason. Friedrich Schiller advanced a version of this criticism to which Kant publicly responded. Recent commentators have emphasized the role that Kant’s reply assigns to the pleasure that accompanies successful moral action. In contrast, I argue that Kant’s reply relies primarily on the sublime feeling that arises when we merely contemplate the moral law. In fact, the pleasures emphasized by other recent commentators (...) depend on this sublime feeling. These facts illuminate Kant’s views regarding the relationship between morality, freedom, and the development of moral feelings. (shrink)

Kant's well-known statement from the “Critique of Practical Reason” (§ 7) that the consciousness of the basic law of pure practical reason (or the customary/moral law) can be called a fact of reason (V, 31.24) has not yet become the subject of adequate attention of domestic researchers. In the “Critique of Practical Reason”, Kant justify his famous categorical imperative by appealing to the “fact of reason” (§ 7). A closer reading of this passage reveals that it refers (...) to a “fundamental law of pure practical reason” and its “consciousness” is called “a fact of reason”. It is likely to think that Kant makes a “naturalistic fallacy” when he tries to justify “ought” (law) from “is” (fact). An analysis of the broader context of the use of the term “fact”, which occurs in the Critique in general 11 times, proves that its denotation is a moral law, which is explained in the corresponding train of thought. A special problem of interpretation is the explanation of the genitive in the expression “a fact of reason” [ein Factum der Vernunft]. It is common to read it as genitivus subjectivus (the fact is a product (act) of the reason, the fact arises thanks to the reason) and as genitivus objectivus (the reason itself is a fact, something factual). But from the standpoint of modern studies of Kant its reading as genitivus auctoris (Willaschek, Wolff, Noller) is promising. Kant’s specific use of the Latin form “ein Factum” in other works, which has the meaning not of “fact”, but of “imputable act” also, testifies in favor of this. Starting with Dieter Heinrich’s article “The Concept of Moral Insight and Kant’s Doctrine of the Fact of Reason” (1960), many researchers interpret the thesis of the “fact of reason” as Kant’s rejection of the attempt at the deduction of moral insight in the “Groundwork of the Metaphysics of Moral” (1785). However, as modern studies (Riedel, Wolff) show, this interpretation is not convincing enough. There are sufficient reasons to believe that it is Kant’s moral and legal doctrine of imputatio facti can explicate an enigmatic passage of the II Critique. (shrink)

One of the principal aims of Kant’s Metaphysics of Morals, especially of the Doctrine of Virtue, is to present a taxonomy of our duties as human beings. The basic division of duties is between juridical duties and ethical duties, which determines the division of the Metaphysics of Morals into the Doctrine of Right and the Doctrine of Virtue. Juridical duties are duties that may be coercively enforced from outside the agent, as by the civil or criminal laws, or other social (...) pressures. Ethical duties must not be externally enforced (to do so violates the right of the person coerced). Instead, the subject herself, through her own reason and the feelings and motives arising a priori from her rational capacities -- the feelings of respect, conscience, moral feeling and love of other human beings, must constrain herself to follow them (MS 6:399-404).1 Among ethical duties, the fundamental division is between duties to oneself and duties to others. Within each of these two main divisions of ethical duty, there is a further division between duties that are strictly owed, requiring specific actions or omissions, and whose violation incurs moral blame, and duties that are wide or meritorious, the specific actions not strictly owed, but deserving of moral credit or merit. Kant treats these latter as ‘duties’ (eschewing any category such as ‘supererogation’) because the actions in question are conceived as fit objects of self-constraint – things we can make ourselves do through the exercise of reason and the moral feelings arising from the application of practical reason to our faculty of desire. Regarding duties to oneself, this division is between ‘perfect’ and ‘imperfect’ duty; regarding duties to others, the strict or narrow... (shrink)

In the epicenter of his attempt to justify the “objective validity” of morality and freedom in the Critique of Practical Reason, Kant introduces a so-called fact of reason, which is rendered as the fact that human beings are consciou s of the moral ought’s categorical authority. However, few parts of Kant’s thinking have bemused commentators as much as this. In this article, the author explores a set of intersecting problems related to the fact of reason: (1) (...) the problem of its general argumentative role in Kant’s practical philosophy, (2) the problem of the fact as a brute fact. He argues that both problems can be understood and resolved only if we regard Kant’s introduction of the fact of reason as an implicit attempt to articulate intrinsic problems with reductive explanations of morality. His main claim, which has been surprisingly absent in most interpretations of Kant’s fact of reason, will be that the fact of reason functions as an undeniable yet improvable fact (similar to mathematical principles) from which other practical truths (such as the objective reality of freedom) can be derived. As Kant says unambiguously in the Jäsche-Logic : the “reality” of the moral law “is an axiom.”. (shrink)

This work of ours is about the servant's display of behavior such as ruminating while fulfilling his responsibility to Allah. Since the verse related to our subject is in the Surah Hucurat, an evaluation will be made within the framework of this verse. During this evaluation, verses with similar characteristics that we think may be relevant will also be included. In addition, it will not only touch on the historical dimension of the issue, but also draw attention to what kind (...) of attitudes are exhibited today. Indeed, such behavior It continues in the same way in later periods as it did in the period of the Prophet. The person sent to the world for a test is responsible for fulfilling some obligations in this context. This is not a choice but a necessity. This is because man's being rewarded in the hereafter and living a more peaceful life in this world depend on this. Therefore, it is in his favor to fulfill his duty of servitude. For this reason, it is not morally correct to try to make others feel grateful for the behavior he fulfilled in accordance with the divine command. Because Allah is never in need of a servant's worship. There will always be people who will serve Him. It is the human being that is in need. Since everything he owns is at Allah's discretion, he needs Allah's help and support throughout his life, and even more so in the hereafter. The main goal of our study is to reveal opinions about how people should behave while fulfilling their servitude responsibility. In this context, the position of the creator and the issue of where the servant should stand against it will be explained. While the creator is at the highest position, man is only one of the things that he created. Of course, being given responsibility, unlike other beings, has increased the value of man in the sight of Allah. But this value is valid as long as he fulfills his servitude responsibility. Otherwise, he will descend to a lower level than all creatures. No matter how valuable a person is, he has to be aware of how helpless he is in front of his creator and that he is always in need of him. If he is not aware of this, the worship and good behavior he will perform will have no value in the sight of Allah. Because he could not behave in the way He wanted against the being he was responsible for. If he does this on purpose, of course, the price will be higher. The belief part of the issue is of greater importance. As a matter of fact, a person who appreciates Allah properly and knows His power well will need to determine his attitudes accordingly. In this context, knowing what the attributes of Allah mean and what the dimensions of these attributes are reflected in the servants will make the subject more understandable. Because the way to know Allah is to know His attributes. Another relevant issue is to show the necessary respect to the messengers sent by Allah, both in their lives and in the context of the knowledge they left behind. In this context, it will be necessary in our opinion to act with the knowledge that the hadiths that have reached us authentically are interpretations of the Qur'an. Because they are not people acting on their own, but chosen people who fulfill their duties according to Allah's orders. Therefore, disrespect to them will be considered as disrespect to God. It is seen that the Bedouins acted unconsciously on this issue that we are focusing on. These people who are new Muslims or claim to be Muslims. They had an extreme attitude towards the Prophet. This event did not occur once, but several times in similar ways. As we have just mentioned, their behavior will actually be considered disrespectful to Allah. It is known that they act with purely worldly motives. Because, instead of receiving good news, prayer and advice for the hereafter, they have revealed that they are after worldly interests in material terms. Verses on the subject have been revealed to set an example for people who will follow this attitude and show the same behavior in the future. In response to their behavior. It is admirable that the Prophet kept his calm and behaved tolerantly instead of responding to them in kind. Muslims living in later periods will also need to be more careful not to be exposed to the warning in the verse. (shrink)

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

The widely acclaimed components of the humanistic ethical program are to be found at present in personalism, universalism, and humanitarianism. The author unreservedly subscribes to this program and postulates that the value of every human individual be recognized irrespective of his individual characteristics, that all actions which affect any human being be performed only with due respect to the autonomous good of the human being, and that no man be ever treated only as an instrument in his existence. Trying to (...) supply a justification for these postulates most authors point out that human dignity is presumably founded on such merits as reason and conscience. The author resolved to expose the weakness of this line of argument. A recourse to empirical features that allegedly distinguish human species from the others may not serve as a good reason in defense of those particular human individuals who clearly lack them. The author endavours to show that universalism which gives ~very man a minimum rights may justly be treated as unacceptable particularism, as typically ‚human speciesism’, indeed. It excludes from the regions of moral concern all animals, which like humans, are capable of suffering. Many authors take the sentience to be the single most important feature shared by animals and humans, which imposes on us the obligation to take care of animals as well as humans. The author contents that the delineation of the range of creatures with respect to whom we have moral obligation is one of the axioms which cannot be argued for or against. There are no logical reasons for drawing the boundaries here or there. We must rely on our ultimate moral convictions that we perceive as our feeling of being morally right. The delineation of the range of the creatures whose autonomous good we will take into account in our activity is a question of an axiomatic decision. We will not find any empirical features either in men or animals, which could impose a logical necessity for counting certain specimens in or others out. We must rely on the most elementary sense of solidarity which makes another creature our fellow-creature. The numerous controversies between different degrees and different kinds of particularism, or between particularism and universalism with respect to humans, or between universalism encompassing only humans and universalism extended to the whole reach of creatures capable of suffering has its source not so much in the differences in knowledge of facts but as in different emotional evaluative attitudes towards them. (shrink)

At the heart of the argument of the Critique of Practical Reason, one finds Kant’s puzzling and much-criticized claim that the consciousness of the moral law can be called a ‘fact of reason’. In this essay, I clarify the meaning and the importance of this claim. I correct misunderstandings of the term ‘Factum’, situate the relevant passages within their argumentative context, and argue that Kant’s argument can be given a consistent reading on the basis of which the main (...) questions and criticisms can be answered. (shrink)

The first poems about the Prophet Muḥammad appeared while he was alive. These first examples, which are panegyrics (madīḥ, i‛tiẕār, fakhr and ris̱ā), largely reflect the characteristics of the pre-Islamic qaṣīda poetry. Due to the developments in the following centuries, the number of poems about the Prophet increased. And thus, a separate literary genre was formed under the name al-madīḥ al-nabawī. Especially the fact that sufi leaning poets contributed to the literary richness in this field. Another factor is the (...) beginning of the tradition of writing mawlid poems in memory of the birth of the Prophet Muḥammad. The thirteenth century was an important period for poems praising the Prophet Muḥammad. Two important poets emerged in this century. One of them is Egyptian poet al-Būṣīrī and the other is Baghdad's famous poet, Yaḥyā al-Ṣarṣarī. Even after his death, Ṣarṣarî’s works with high literary value were read and memorized in the circles of science, literature and Sufism. Due to his competence in the field, al-Ṣarṣarī was known as the poet of the Prophet and Ḥassān b. Thābit of his time. However, it is understood that his poems, which lost their importance in literary circles over time, were not studied as much as they deserved in the modern period. In this article, his life and works are introduced and basic language and stylistic features of his poems are examined. Also, the image of the Prophet in his poems was determined within the framework of the political conditions of the period.Summary: In the field of madīh nabawī, which first appeared in the ‘Asr al-Sa’āda and has continued to the present day, especially two names stand out in the 7th/13th century, when famous poets such as Macduddīn al-Vitrī (d. 662/1264), Ibn al-Muraḥḥal (d. 699/1300) and Ṣafiyyuddīn al-Ḥillī (d. 749/1348) were also raised. One of them is the Egyptian poet al-Būṣīrī (d. 695/1296), who left his mark on the field of madīh nabawī with his many poems, especially Qaṣīda Burda, and the other is the Iraqi poet Yahya al-Ṣarṣarī (d. 656/1258), who was named Shā‘iru Rasūlillāh (The poet of the Prophet) and Ḥassānu Vaḳtihī (Ḥassān of that period) because of the quality of his poems in this field.al-Ṣarṣarī, was born in the village of al-Ṣarṣar, near Baghdad, spent most of his life in the shadow of Baghdad’s political instability and the social collapse that developed in parallel. He was killed in 656/1258 by the Mongolian forces that invaded Baghdad. al-Ṣarṣarī was extremely knowledgeable in fiqh, hadith, language, and ‘ilm al-qirāa. Our poet adopted the views of the Hanbalī law school. In addition, he turned to Sufism and became a murīd (disciple) of Ali ibn Idrīs al-Ya‘kūbī, a student of Abdalqadīr al-Gīlanī who was accepted as the founder of Qādiriyya. He was closely attached to the Sunnah of the Prophet and was fond of reading the Quran. He was chaste and patient and was content with what he had himself. All his works are poetic and they all concern the madīh nabawī or fiqh.Since his poems, almost all of which are about the praise of the Prophet, have a high literary value, they were read, memorized and narrated for a long time in the circles of science, literature and Sufism. In terms of its structure, his poems are based on the traditional forms of Arab qasīda. In the introductory sections of his poems, he often expresses his longing for Madina. The main subject in poems is usually the Prophet and his superior features. In the last part, he usually says salāt for the Prophet and seeks help from him. It can be said that he used simple language in his poems. The vocabulary reflects the characteristics of the urban life in which he lived. The source of inspiration for his poems are the Qur’an and especially the hadith of the Prophet. He uses the potential of literary arts as much as possible while conveying his feelings. But he does not allow the correct information to be lost due to these arts on a serious subject such as depicting the Prophet. We can see a lot of badī‘ (creative) art in some of his poems. But we can immediately understand that these arts do not spoil the beauty of his expression. The poet provides rhythm and harmony in his poetry with the meter and rhyme in accordance with the classical Arabic qasida rules. In addition, he strengthens the musicality in poetry with puns (jinās) and repetition.The influence of the instability of the region where al-Ṣarṣarī lived on his poems is obvious. According to him, the main reason for the terrible situation that Muslims were in was that they were away from the way of the Prophet. He thought that it would be possible to go back to the old peaceful days by following the way of the Prophet. Perhaps as a result of this opinion, he allocated his qasīda to the narration of the Prophet and his Companions. In his poems, he describes the Prophet with his names, superior qualities, physical and moral characteristics. He says that the sentences describing the Prophet are the ornament of poems and believes that praising him is a mean of salvation in the next world. He also hoped that the poems he said in order to achieve spiritual ascension would protect himself against the troubled events of the period.In his poems, especially on the occasion of mawlīd, al-Ṣarṣarī mentions the Prophet’s physical characteristics and likens his smiling face to a bright full moon, his brows to the letter nûn, his teeth to pearls. He describes the Prophet as a man with black eyes, broad shoulders, born with kohl-lined eyes, and who emanates a beautiful scent as a requirement of his creation. The poet, who also touches on the Prophet’s powerful address, states that his speech is more effective than Luqman’s wise words by virtue of his jawami‘ al-kalim (comprehensive speech) and faṣl al-khiṭab (clear speech), and that his soft address, which states nothing other than the truth, is a blessing from Allah. He additionally describes the Prophet’s plain words, easy to understand by all, as more valuable than jewels. al-Ṣarṣarī, who praises the Prophet in terms of morality with basic human virtues such as bashfulness, justice, modesty, and courage, emphasizes that he is, a paragon of patience, perseverance, kindness, and compassion through analogies such as, “his clothes are peace and perseverance”, his “cover is kindness and forgiveness”. In his world of imagery, the Prophet’s benevolence is so abundant like the rain that the clouds cannot compete with him. Also, he does not shame anybody for what he gives. He bestows the most valuable possessions like gold and camels. Even the respectable personalities of the tribe benefit from his grace. He is so generous that he is giving even when the clouds are stingy about giving rain during times of drought. He welcomes with a smile those who approach him with requests. The donations he makes privately are entirely satisfying.The image of prophethood in al-Ṣarṣarī’s poems, is centralized around the thought of nūr Muhammadī (prophetic light) and the miracles of the Prophet. He reminds that the Prophet never gave up despite the calamities he encountered and that he was supported with extraordinary events in various stages of his life since he was born, and reflects the understanding that the prophet is spiritually supporting the community with his nūr, and in the case the community follow his sunnah, overcoming the Mongolian attacks, which seems like a miracle, is possible. The mention of Qattāl (warrior), Māḥī (eliminator of disbelief), Ẓāhir, Ẓāfir, Manṣūr and Muẓaffar (victorious) among the Prophet’s names, especially those that evoke the superiority he gained in his fight against the disbelievers, giving greater prominence to his courage and valor among his virtues are also related to the political and social conditions of the period. The couplets about the Companions of the Prophet following the couplets that describe the Prophet’s valor, the emphasis of their aid to the Prophet, and the particular mention of their fighter spirit may be considered in the same context. Perhaps, in this way, the poet aims to boost the courage of the Muslims who are exposed to Mongolian attacks with respect to protecting their spiritual and holy values against the enemy. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:GOOD MEN'S WOMEN: HUME ON CHASTITY AND TRUST At the very heart of Hume's philosophy in the Treatise, namely between his discussion of the artificial and the natural virtues, he places a short chapter entitled "Of Chastity and Modesty." Its central position is appropriate, since these supposed virtues present something of a test case for Hume's account of the relation between nature and artifice, and, more generally, beyond his (...) moral philosophy, for his views on regularity and constancy in and out of individual lives. For these theoretical reasons, as well as for the calm realism of his treatment of sexual inequality, the chapter warrants more attention than it has received. Perhaps Hume's most important contribution to moral philosophy is his account of the difference between natural virtues, displayed in actions which do good one by one, each act having value independently of whether similar acts are performed by oneself and others on other occasions, and artificial virtues displayed in acts in essential conformity to established socially useful conventions, which do good only in so far as they are supported by general conformity. Hume does not, like Kant, insist that we always see morally good action as obedience to law, nor does he neglect the importance of those areas where good can be done only if acts are correctly seen as conforming to general laws, general conformity to which is not only willed by the agent but assumed by him to be in effect. Hume gives a subtle and elaborate account of when we do and when we do not need moral and social conformity, of which virtues are and which virtues are not mediated by changeable public will or convention. Conventions must operate before any act can count as property-respecting, but there is no need to ask 'can I will this as universal law?' before comforting a frightened child. Whatever the conventions, whatever others do, such an act does some good, and is the sort of 2. act which displays the natural virtue of kindness. Hume requires of a virtuous act not merely that it be helpful or agreeable to someone (or some public) but that it display a durable character trait in the agent. An uncharacteristic act of kindness to a child may do good without displaying a virtue or a good character. Approval is given, according to Hume, to persons on account of theii durable character traits, as displayed in their actions and reactions. The natural response to virtue is to welcome its possessor: His company is a satisfaction to me (T588), and virtue in rags will be the exception in a smoothly functioning society. The fact that Hume's ethics is an agent ethics, and that the concept of welcome virtue is more fundamental to it than that of a useful action, commits Hume, throughout his moral philosophy and especial!, in his treatment of the natural virtues, to an emphasis on consistency or integrity of character, to a search for durable character traits and so for characteristic actions. Now a person might be characteristically kind, yet on occasion, under stress, give expression to unaccustomed malice. The uncharacteristic malicious act may weaken but not destroy the virtue of kindness which kind acts have both expressed and infixed (T411). When the malicious act is known, the person's reputation for benevolence may be slightly sullied, but certainly not ruined. Both within one person's life, and within one population, there will be reason to encourage consistently virtuous action, but no reason to feel that all is lost or spoiled if lapses from the natural virtues occur. Even when cruelty is the norm, the rare kind act may be appreciated, if not rewarded, the rare kind person may be welcome, if also exploited and victimized. With the artificial virtues there is a stronger demand and need for uniformity in a population, since the value of any one just act, or one person's character trait, depends upon the support received from the similar acts and 3. traits of others. Every single act is performed in the expectation that others are to perform the like (T498). To display artificial virtues, actions must be seen as rule... (shrink)

Writing, the exigency of writing: no longer the writing that has always (through a necessity in no way avoidable) been in the service of the speech or thought that is called idealist (that is to say, moralizing), but rather the writing that through its own slowly liberated force (the aleatory force of absence) seems to devote itself solely to itself as something that remains without identity, and little by little brings forth possibilities that are entirely other: an anonymous, distracted, (...) deferred, and dispersed way of being in relation, by which everything is brought into question – and first of all the idea of God, of the Self, of the Subject, then of Truth and the One, then finally the idea of the Book and the Work so that this writing (understood in its enigmatic rigor), far from having the Book as its goal rather signals its end: a writing that could be said to be outside discourse, outside language. – Maurice Blanchot ( The Infinite Conversation , xi) The Compendium * Beginning with the idea and practice of writing, and moving to the subject or self, then to truth and the One, and arriving at the Book and the Work, Blanchot’s words reflect the trajectory of the following work of writing. True to the embeddedness of the subject in the work of writing, the term “Compendium” has been a metonym for me over the past few years as I have thought about the concept of totality alongside its expression in figures such as the One, the Whole, or the All. In the following I aim to share some of the content of this metonym, and to enrich it by making some distinctions. 1 Here the term “Compendium” will refer to a concept of totality that is ontological (pertaining to being, and the copula) and also textual (pertaining to the symbolic, and the signifier-signified relationship). The Compendium is a figure for thinking the world as a Book, in the broadest sense—an approach to reality that is by no means new, but one that is due for renewal. 2 In partial answer to the question of the Compendium we will say that the word ‘Compendium’ stands in for expressions which seek to totalize, or concepts which seek to approach the concept of ‘everything,’ particularly when these expressions are bound up in the question of the Book (both the book as a physical object and the Book as a metaphysical figure: a way of thinking about the work in and of writing). The question of the Compendium is strongly associated with the physical and metaphysical form of the Book, like the mysterious and symbolic books which are opened in the Biblical book of Revelation, the book of life and the book of death, which together constitute an important couplet. 3 Parataxis & Hypotaxis There are two helpful distinctions that will bring us closer to an answer to the question “What is a Compendium?” The first distinction is between two figures in and for writing: parataxis and hypotaxis . Typically paired in contrast to one another as literary techniques, with parataxis indicating a side-by-side placement of textual elements and hypotaxis referring to subordinate arrangements of textual elements, the two figures can be understood as having a philosophical significance in addition to their practical function as devices for writers. For us these two terms will remain between philosophical theory and writing practice, and serve as a perspective for our writing and creation of texts. Here I take texts to refer to anything from the concrete written words in a book, to the ontological text of the world that we experience. Parataxis , as a figural way of thinking about the ontological structure of texts, refers to texts which are tightly woven and interdependent – texts within which each sentence bears the weight of the entire work. Parataxis often involves repetition, great density, and fragility. One of the best examples of this sort of text is Theodor Adorno’s posthumous magnum opus , Aesthetic Theory . In addition to the text itself, the translation history of the book may also help us to better understand parataxis and its relation to hypotaxis . The final published version of Aesthetic Theory , in German, was a text that Adorno intended to revise and rewrite, but this intention was never realized because of his untimely death. Where the German text of Aesthetic Theory certainly exemplifies the concept of parataxis , the first English edition took this densely woven text and carved Adorno’s lengthy paragraphs and lengthy sentences into manageable ‘bite-sized’ pieces of English text. The first translator took further liberty and inserted headings and new paragraph breaks where there were none in the original. Aesthetic Theory was eventually retranslated by Robert Hullot-Kentor and is now available in a form that is much more faithful to the original work. 4 The pertinent idea that this translation history points to is the distinction between parataxis and hypotaxis . Where parataxis describes texts which are repetitive, densely woven, and often fragile, hypotaxis describes texts which are hierarchical and in which the primary relation is linear – the latter of which is very similar to the first English translation of Aesthetic Theory . On the other hand, the original German text that Adorno wrote was very dense, often repetitive, and contained long sections of text unbroken by paragraphs or headings. This example of parataxis was then turned towards hypotaxis through the initial translation which took a text that was, in many ways, nonhierarchical and nonlinear, and artificially subjected it to a hierarchy that was not its own (and here I take the word of Fredric Jameson who comments on the two translations in a note at the beginning of his book Late Marxism ). 5 The point here is not about translation, but rather the distinction between parataxis and hypotaxis precisely as they are figures for discourse, written or otherwise. The concept of parataxis looks far more postmodern and rhizomic than the concept of hypotaxis which remains very modern and arborescent. This is a more figural way of talking about the distinction. However, if we wanted to take a more precise and analytical approach we could say that on the level of form parataxis involves a relationship between sentences and paragraphs in which each part bears an equally crushing responsibility to present the whole content of the text. As well, on the level of content, parataxis requires that each concept in a work take on the full conceptual weight of the total work. Continuing the analysis, we could say that parataxis describes texts in which there is no (or very little) linear or causal move from antecedent to consequent, whether in content or form. Instead, parataxis describes texts which weave together concepts via conjugations or associations. The concept of hypotaxis , on the other hand, requires that texts submit themselves to hierarchy, one example of which is logical argumentation. The contingency of the conclusion upon premises in hypotaxis is certainly distinct from the repetition, re-presentation, and conjugation of concepts in parataxis , and I think that this is evident in the difference between the writing styles prevalent in contemporary Analytic philosophy and Continental philosophy. It is not the case that the distinction between parataxis and hypotaxis absolutely corresponds with the writing styles of Continental and Analytic philosophy (respectively). There are thinkers who take exception to this pattern, such as Badiou’s more formal approach in the discourse of Continental philosophy to give one example. However, when Analytic philosophy takes its writing lessons from the sciences, and seeks to do philosophy via the clean linear move from antecedent to consequent, then I think that Analytic philosophy writes with hypotaxis in mind. On the other hand, when Continental (particularly German and French) philosophy takes its writing lessons from narrative or poetry then Continental philosophy writes with parataxis in mind. It is not fair to say that all those writing Continental philosophy are looking to narrative and poetry for stylistic direction, just as it is not the case that all those writing Analytic philosophy have mathematics and science as their writing format, however there are some striking ways in which the differing epistemologies of Continental and Analytic philosophy encourage writing with parataxis and hypotaxis in mind (respectively). For some, writing with parataxis or hypotaxis in mind is a conscious decision and a product of stylistic self-consciousness, and for others it is an unconscious discursive and epistemic requirement that must be met in order to be involved in a particular discourse. Before moving on to our second distinction, and then an examination of the question of the Book, it is important to point out that both totality and figurations like the One, the Whole, and the All, come out of very human desires to totalize or to actualize our being-towards-totality. The relationship between identity and totality then can be construed, with Heidegger in mind, as striving toward wholeness, completion, or fulfillment, each of which is a quality of compendia. 6 Compilation & Selection The first distinction between parataxis and hypotaxis pertains to both form and content, and to both the mechanics of writing and the ideas to which writing refers. The second distinction pertains to both as well. In the process of writing and in the process of perception as well, there is a tension between compilation and selection . To begin with, in the work of theory-writing there is compilation, and this is because writing theory requires a broad perspective and certain measure of totalization. On the other hand, writing theory requires that the writer select an idea or a combination of ideas to individuate out of a radical and infinite multiplicity of identities and combinations. The concern here is not primarily for the writing of a theory about a specific idea, like a secondary work or a reference text. But rather the concern is with the writing of grand theories: Marx and Marxism, Derrida and Deconstruction, Husserl and Phenomenology, Sartre and Existentialism, Saussure and Structuralism —each of which strives along a trajectory towards being all-encompassing, whether it intends to or not. Today, we could even say that Speculative Realism has embarked on this journey, and perhaps now we could say that the discourse of Speculative Realism has reached the inevitable point after which a grand theory leaves the hands of its writer or writers and becomes a possession of the collective consciousness of the academy, or (perhaps now) the mass consciousness of the blogosphere—and this is a true pharmakon , a poison and a cure, a blessing and a curse. 7 When we write theory, whether the scope is that of a grand theory or a particular theory, we write in the tension between compilation (making good on the desire to be all encompassing) and selection (being required to decide and discern and to judge what is included in the work and what is deleted or appended or abridged or given over to ellipses). Generally speaking, the work of theory-writing often comes out of a desire to totalize, that is, to develop a theory of everything that is able to apprehend new experiences and ideas while still remaining whole. I grant that this is not a universal desire, and that not everyone who sits down to write a work (or book) of theory does so because of their will-to-totality, but it remains that this drive to totalize does condition a great many writers of theory (especially those who seek to develop grand theories like those mentioned previously). At the beginning of his book of interviews, Between Existentialism and Marxism , Sartre is quoted as saying, after completing the first volume of his Critique of Dialectical Reason : “I no longer feel the need to make long digressions in my books, as if I were forever chasing after my own philosophy. It will now be deposited in little coffins, and I will feel completely emptied and at peace—as I felt after Being and Nothingness . A feeling of emptiness: a writer is fortunate if he can attain such a state. For when one has nothing to say, one can say everything .” 8 This is where our two initial distinctions come to bear on the being-towards-totality as it is expressed in the concrete practice of writing: the first being between parataxis and hypotaxis , and the second being between compilation and selection. Where this second distinction is concerned there is a certain paradox at play given that selection is inescapable, and compilation is unachievable. Selection is inescapable (with the figure of the Compendium in mind) because, even when the imperative to compile is followed to excruciating lengths, selection still has the last word. This is why the Compendium is a figure rather than some material thing that can actually be accomplished or actualized. No matter how far one goes along with the will-to-archive and the will-to-compile, it is only ever a question of minimizing selection and never eliminating it. This leads to the second point, which is that total compilation is unachievable. The closest thing to total compilation that we have before us is the ontological and textual fabric of the world. Even in the case of the world, compilation cannot be enacted in a total fashion because of the need to include both the sphere of the actual and the sphere of the possible or potential. This as another way in which compilation is always-already selection, and further evidence that total compilation is practically impossible. Discursive Figuration and Total Writing Rather than figuration referring to a figure of speech or an image, here the term points to a way in which to think about the work of writing, both the work put into writing, and the work that is the result of writing: the finished yet incomplete final piece. As figures or figurations, the Book and the Compendium are ways of thinking about the work of writing and the human desire for the wholeness, completion, and fulfillment that are made manifest in the completed form of the book (whether a published or printed or saved document put to rest by the author). These two figures bear more strongly upon works that seek to be all-encompassing, and works that strive towards expressions of totality such as the One, the Whole, or the All. Moving on to the topic of the subtitle, and on a more prescriptive note, I would say that there is more hope for theory-writing to be found in parataxis than hypotaxis . Part of the reason for this claim is the poststructuralist critique of hierarchies, and yet another part is the compelling line of thinking called “weak thought” (in theology by John D. Caputo, and in philosophy by Gianni Vattimo, among others). 9 The consequences of these two convictions are such that if one is to strongly assert the truth of a grand theory without leaving the realm of hierarchy-critique and weak thought, then one must write paradoxically with parataxis in mind, and in so doing write weakly and non-hierarchically. This does not mean avoiding a sort of topography or topology when writing theory, rather it means avoiding both subjugation and oppression in thought by pursuing a nonviolent sort of ontology. In order to do this, theory writing does not present itself as an exercise in logical analysis where one mechanically moves from a set of premises (via contingency) to the inevitable conclusion (via necessity). Instead, theory approaches the idea of a Compendium. Given that the figural Compendium places parataxis and compilation above hypotaxis and selection, then the question becomes: is placing one part of a binary term before another not just another way of selecting, or another expression of hypotaxis ? Counter to the urge to resign oneself to the reign of selection, with some qualification one can nonetheless write without deciding whether selection and hypotaxis should be subservient to compilation and parataxis (which is to say that writing-without-decision is somewhere between and beyond possibility and impossibility). This dilemma can be disarmed by stating that theory writing is not about primacy, and not about having-decided-beforehand, both stylistically and also where content is concerned. This is the paradox of writing: always striving along a trajectory ( telos ) towards totality via parataxis and compilation, but always being drawn back to finitude and making selections, and placing one idea before another with hypotaxis in mind. In light of this paradox, the question of the Compendium as a figure for discourse and a figural Book has resonance with Jacques Derrida’s essay on Edmund Jabès’ Book of Questions , found in his Writing and Difference . The Question of the Book “Little by little the book will finish me.” 10 Derrida quotes Jabès, and proceeds to outline the reflexive relationship between the author of the book and the book itself, each of which are subjected to the other through a sort of chiasmus, both ontological and textual (not that the two are entirely separable). The Book, for Derrida like Blanchot in the introductory quotation, “infinitely reflects itself” and “develops as a painful questioning of its own possibility”, and in light of this we can draw an association with the painful tension between the practical reality of selection and the ideal trajectory of compilation. 11 This tension in writing, between the will to total compilation and the necessity of abridgment, is an ontological tension between part and whole just as it is a textual tension between signifier and signified. The ontological tension in writing that Derrida expresses in his essay on Jabès is between everything and nothing – a contradiction which Derrida finds in Jabès’ Book of Questions and also in the divine, in God. When one writes between compilation and selection one writes towards totality, and here we can follow Derrida who states that the lapse in signification, presumably in the signifier-signified discrepancy, is a “ rupture with totality itself” and furthermore that this lapse cannot be rectified through deductive reason or even philosophical discourse. 12 This rupture with totality, found in the troubled relation between signifier and signified, can also tell us a lot about the Book and about writing. Given an understanding of writing as an ontological act that strives towards (but never accomplishes) totality, we can see the written book as the manifested and given body of that striving. Perhaps in other disciplines or even other schools of philosophy there is a cultural climate within which the article is prized above the book, but I am fairly confident, especially when referring to the grand theories of Continental thought, that there is a respect for the book as a uniquely meaningful object capable of apprehending totality. Derrida writes, Between the too warm flesh of the literal event and the cold skin of the concept runs meaning. This is how it enters into the book. Everything enters into, transpires in the book. This is why the book is never finite. It always remains suffering and vigilant. 13 Here the vitality of the literal event is compromised by the deadening weight of the concept, and the figure of the Book assists in this lapse of meaning. The Book is a totalizing object, much like the figure of the Compendium, and yet this totalization lacks its final object of completed totality both because the figural Book is necessarily incomplete, and because the physical book is always-already a product of selection. Instead of achieving its end of being a place where everything takes place, it suffers from the lapse of writing, the discrepancy between event and concept. Derrida continues his exposition on Jabès by bringing to light yet another reflexive relation, a reversal of the relationship between the Book and the world. Derrida writes that, for Jabès, “the book is not in the world, but the world is in the book.” 14 In addition to what was stated before, I take figuration to mean that the concepts employed, such as the Book or the Compendium, are not subject to the supposed rigor of analysis that is so prized by Enlightenment or Capitalist realisms. The figure of the Book and the figure of the Compendium cannot be held accountable to standards imported from scientific method, given an understanding that these standards require a concept to be replicable, consistent, falsifiable, measurable, and so on… This is an important point to make, especially in the present atmosphere within which theory must justify itself under conditions that are not its own. Instead of being held to these standards, figuration serves as a way in which to think about writing that leaves thought open to idealistic speculation, imperfect analogies, and most importantly the ever-present gain and loss that occur in the relationship between thought and being. By extension the figural way of addressing writing indulges in enough generalization to accommodate the excess/lack relationship between the ideal form of the Book or the Compendium, and the manifested and given body of a text (as it is practically completed and closed). Here we speak against the hostile atmosphere which would have theory submit itself to hierarchical rigor, rather than Blanchot’s “enigmatic rigor”, by being explicit about the discursive conditions and epistemic conditions under which theory operates. To write with parataxis in mind is, to a certain degree, to write with weakness as one’s methodology (with weak thought being in opposition to hypotaxis and hierarchy as much as weak thought can be in opposition to anything). Rather than asserting the strength of hierarchical theory, and rather than employing antagonistic argumentation with the goal of refutation different discursive and epistemic conditions for theory writing must be cultivated (and these are by no means new). First the critical and theoretical spirit reveals itself as being concerned with the task of complication—especially the complication and critique of binaries, dichotomies, dualities, polarities, paradoxes, parallaxes, hybridities, and especially antinomies. Second, theory positions itself as a sort of showing or revealing, rather than being ultimately focused on coming to full agreement or disagreement. This is where figuration can help theory-writing, both by placing emphasis on teleologies and trajectories (like parataxis and compilation), and by shifting focus away from pure primacy, power, or absolute origin. Figuration then, assists theory writing by placing the concern of theory outside of the concerns of the hard or soft sciences, and into the realm of thought or the idea. To speak of ‘the’ Compendium or ‘the’ Book, here, is to generalize not regarding the perfect form of the Compendium or Book, but to engage speculatively with an abstract idea which remains singular and yet complicated by multiplicity. The question of the Book that Derrida asks through Jabès is a question of everything and nothing, totality and nonbeing, and this question is a concern for writing and a concern for the figure of the Compendium so defined by the tension between compilation and selection, and parataxis and hypotaxis . On the note of nonbeing, we can look to the final page of Derrida’s first essay on Jabès in Writing and Difference and notice the introduction of his neologism, différance (with an ‘a’). Derrida writes: Life negates itself in literature only so that it may survive better. So that it may be better. It does not negate itself any more than it affirms itself: it differs from itself, defers itself, and writes itself as différance . Books are always books of life (the archetype would be the Book of Life kept by the God of the Jews) or of afterlife (the archetype would be the Books of the Dead kept by the Egyptians). 15 This introduction of différance into the equation of the Book, alongside ontological affirmation and negation, hearkens back to the discussion of the symbolic lapse earlier in his essay. Differing and deferring, the Book is always a Book of Life and a figure for the intersection of the vital (life) and the total in writing. In a way, the writer of the Book may be someone who lives life, and in another way the writer of the book-as-object may be someone who engages in the act of writing, both practically (by inscribing words on paper, or typing script on a computer) and ontologically or symbolically (by investing their existence and inexistence into a work worthy of the figural Book). In addition to the writer as writer, the writer also serves as an editor, and the editorial role alongside the idea of the Compendium shows the editor to be one who collects and compiles, while being restrained by eventual selection and decision. Beyond this the editor of works and texts, in both the Book and the world, is engaged in a process of inscribing notation—of annotating (on) the Compendium. Eternal commentary is a feature of the textual Compendium, just as open-ended totality describes the ontological Compendium. The writer as writer does not simply write texts, but rather engages in a profoundly ontological act of inscribing their existence into the world, and the writer as editor does not merely annotate or alter texts as they are, but rather comments upon the text of the world. In/Conclusion So as we create texts, and as we write and create theory, let us be and remain attentive to the figure of the Compendium and the figure of the Book. These two concurrent metonymies are essential for total writing (grand theories, etc.), and may be forgettable for those concerned with fragmentary or hierarchical writing (which are valid in their own right). From the ontological and symbolic text of the world and phenomenological experience, to concrete texts such as books or mixed media, the figure of the Compendium and the figure of the Book are important for the actualization of the human will to be all-encompassing. The figure of the Compendium teaches writers of theory that the repetition, density, and fragility of parataxis offers a strong sort of weakness which does not become yet another variety of oppressive and hegemonic thought. Rather than write with hypotaxis in mind, subjugating one thought to another via cause and effect or antecedent and consequent, I would hope that theory-writing could guiltlessly indulge in the dialectical and contradictory conjugation of ideas, and take this as a legitimate methodology. Rather than being ashamed of showing resonances or giving way to abridgment or ellipses, it is my own authorial (but not authoritative) conviction that one need not give up on totalizing and constructing grand theories because of the fact that complete totalization is impossible, and one need not give up on totalizing and constructing grand theories because of the worry of violence, for the Book and the Compendium lack their completed object and are ever incomplete trajectories. NOTES * UPDATED 7/19/13: we've updated the HTML version to reflect the (correct) PDF version. Our apologies to the author—eds. 1. I would like extend thanks to Dr. Peter Schwenger of the University of Western Ontario for his comments on this paper and his hospitality as it was presented as a Theory Session at the Centre for Theory and Criticism on October 26th 2012. I would also like to thank Andrew Weiss for conversation and critique. 2. I should clarify my use of the term ‘figure’ at the outset. Given the use of the term by Jean-Francois Lyotard in Discourse, Figure (and also Gilles Deleuze in Francis Bacon ), I should state clearly that my use of the term will not correspond to the term ‘figure’ understood as the representation of an object. Instead, my use of the term ‘figure’ and its variations (‘figural’, ‘figurative’, ‘figuration’) will refer to the illustrative or metaphorical use of the Compendium or the Book as models or ways of thinking about writing and discourse. 3. Cf. Revelations 20:12-15. 4. Theodor Adorno, Aesthetic Theory , Trans. Robert Hullot-Kentor (London & New York: Continuum Press, 1997). 5. Fredric Jameson, Late Marxism: Adorno, or the Persistence of the Dialectic (London & New York: Verso, 1990), ix-x. 6. I have written about this concept of being-towards-totality elsewhere in two pieces of writing: the first is called Notes on the Compendium (an unfinished draft) which addresses some very wide theoretical concerns, being structured as a sort of itinerary or archive, and the second is Dialectics Unbound (Punctum Books, 2013) which outlines a concept of totality without the violence of totalization. While these works are more concerned with ontological totality, here I would like to focus on the idea of the Compendium as a textual totality. 7. Cf. Louis Morelle, “Speculative Realism: After Finitude and Beyond, A vade mecum” in Speculations: Journal of Speculative Realism . Issue 3 (Brooklyn, New York: Punctum Books, 2012), 241-272. 8. Jean-Paul Sartre, Between Existentialism and Marxism . Trans. John Matthews (London & New York: Verso, 1974), 9. 9. Cf. John D. Caputo, The Weakness of God (Indiana: Indiana University Press, 2006). 10. Jacques Derrida, “Edmond Jabès and the Question of the Book” in Writing and Difference . Trans. Alan Bass (Chicago: University of Chicago Press, 1978), 65. 11. Ibid, 65. 12. Ibid, 71. 13. Ibid, 75. 14. Ibid, 76. 15. Ibid, 78. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE "JUSTIFIABLE HOMOCIDE" OF ABORTION PROVIDERS: MORAL REASON, MIMETIC THEORY, AND THE GOSPEL James Nash Our land will never be cleansed without the blood of abortionists being shed. (Shelly Shannon) The above quotation is taken, with permission, from a letter written to me by Ms. Shannon. A devout Roman Catholic, she is currently doing time at Federal prison in Kansas, sentenced to 3 1 years for shooting a (...) famous abortion provider. I have also been in touch with Paul Hill, the former Presbyterian minister, who killed the Pensacola abortion doctor, John Britton. Mr. Hill has written extensively on how his Christian faith led him to what he calls the "justifiable homicide" of Dr. Britton. The connection between this kind of religiously-justified violence and the work of René Girard is too obvious to be ignored. The violenct acts and rhetoric that polarize both sides of the abortion debate serve to illustrate our society's collapsing ability to distinguish effectively between "good" and "bad" violence (Girard 1972, 52-3). At the same time, the almost universal condemnation ofthe "religious" proponents ofjustifiable homicide confirms the Girardian claim that in cultures under gospel influence, "acts of violence that once endowed its perpetrators with religious and cultural preeminence radually begin to rob them of it" (Bailie 52-3). Finally, as we shall see, the incoherence of religiouslygrounded efforts to condemn "justifiable homicide suggests that James Nash69 contemporary Christianity is also having increasing difficulty in distinguishing "good" and "bad" violence. But before exploring these issues I want to ask another question, one that will prepare the ground for the application of Girard's theory to abortion violence. What light can moral reason shed on the problem of the "justifiable homicide" of abortion doctors? Are there clear arguments which will convince any reasonable person it is wrong to kill abortion providers in order to protect unborn human life? At first it might appear rather simple to produce such arguments —after all an overwhelming majority of Americans currently believe killing abortion workers is wrong, no matter where they stand on the morality of abortion itself. On the other hand, there is a danger that because the current moral consensus against this type of killing appears to be so strong, we may be misled into a false sense of security. After all, thirty or forty years ago there was little debate about the morality of homosexuality, pre-marital sex, or abortion itself. In fact, there are an increasing number of voices suggesting that violence against abortion providers is justified; the question has in fact divided the pro-life movement. What I will attempt to show in what follows is that the arguments offered by moral reason against shooting abortionists are surprisingly weak. While there is little danger in the foreseeable future that anywhere near a majority of people will view this form of killing as "justifiable," there are, I believe, solid grounds to fear that "moral reason" alone is no longer strong enough to provide compelling arguments against abortion violence. If ethical rationality cannot account for the moral revulsion most people feel at the shooting of abortion doctors, the ground is prepared for another way of understanding and avoiding this religiously—sanctioned violence. I am referring to René Girard's mimetic theory, and at the end of this article I hope to show how it can help us to understand both why some pro-life people have turned to violence, and how this response to abortion can be avoided. For if we come to doubt that moral reason alone can uphold the prohibition against "justifiable homicide," then perhaps we need to develop a different kind of reason, or different kinds of reasons. This will lead, finally, to reflection on some of the radical theological implications of Girard's thought, a dimension of his work which, in my judgment, is too often neglected. 70"Justifiable Homicide " Before going any further, I realize I must define what I mean by "moral reason." My use of this term is simply the common post-Kantian notion that if an action is truly immoral, one will avoid doing it not because offear, custom or human law; rather one's actions will be guided... (shrink)

This article examines the influence of the Hanafī philosophy of the Mamlūk period on the early Ottoman fiqh studies. Since the Egyptian and Damascus regions, which were under the rule of the Mamlūks, became the most important centres of knowledge in the Islamic world, it is understood that the Mamlūks’ scientific knowledge was superior to the Ottomans. On this occasion, many scholars who were considered the leading figures of the Ottoman scientific community turned to Egypt and Damascus regions and benefited (...) from the scientific accumulation there. In fact, these scholars who played an active role in the formation of the Ottoman scientific environment completed their education in Damascus and Egypt under the rule of the Mamlūks and graduated from the Mamlūk education system and assumed important roles in the formation of the Ottoman science understanding. During this period, the Hanafī judges (fuqahāʾ), who were active in the Mamlūk community, contributed to the development of the leading names of the Ottoman scientific community and this thought had an impact on their understanding of science. In this context, it is possible to say that the fiqh studies of the Ottomans in the first period were influenced by the Mamlūk Hanafī who had their characteristics. The two main characteristics of Hanafī thought in the Mamlūk period, the hadīth-centred juristic (fiqh) idea and the method of mamzûc (mixed) fiqh style are also seen in Ottoman fiqh works.Summary: In this article, the effect of Hanafī fiqh thought on the early Ottoman fiqh studies in Mamlūk period is discussed. While the Ottomans did not yet establish a scientific tradition in the period of foundation and ascension, many Mamlūk cities replaced Baghdad as the centre of knowledge of the Islamic world. Because the Mongol invasion, the crusades and the destruction of Andalusia due to reasons such as many scholars displaced by the Mamlūks settled there. Especially during this period, Egypt and Damascus, which were under the rule of the Mamlūks, became the most important centres of science in the Islamic world. In this respect, 14th-16th It is accepted that the science level of the Mamlūks was quite superior to the Ottomans in the 16th century. On this occasion, many scholars who are considered as the leading names of the Ottoman scientific community turned to Egypt and Damascus regions and benefited from the scientific accumulation there. Osman Ghāzī’s teacher and father-in-law, Sheikh Edebālī, Davud-i Kayserī, Sheikh Bedreddin, Molla Fanārī, Molla Gürānī are some of these scholars. In addition to these, scholars such as Muhsin-i Kayserī, Germiyanlı Poet Ahmedī, Hacı Paşa, Celāleddin Hızır, İbnü’l-Cezerī and İbn Arabşāh have also studied science in Egypt and Damascus. These scholars, who played an active role in the formation of the Ottoman scientific environment, completed their education in Damascus and Egypt under the rule of the Mamlūk and after graduating from the Mamlūk education system, they played an important role in the formation of the Ottoman science understanding. Sheikh Edebālī was accepted as one of the scientific and spiritual leaders of the Ottoman Empire. Davud-ı Kayserī was the first chief professor of İznik madrasah, the first Ottoman madrasah. Molla Fanārī had the privilege of being the first Ottoman shaykh al-Islām. Molla Gürānī became the teacher of Fatih Sultan Mehmed. During this period, the Hanafi faculties, which were active in the Mamlūk science community, contributed to the growth of the leading names in the Ottoman science community. Molla Fanārī, Seyyid Şerif Cürcānī, Shaykh Bedreddin and Poet Ahmadī have learned lessons from Bābertī, who important Hanafī scholars in Egypt. The idea of Hanafī fiqh in the Mamlūk period influenced the studies of the Ottoman fiqh in the first period. In this context, Molla Khüsrev refers to Zeyla‛ī and Bābertī, the leading Hanafī scholars of Mamlūk in many parts of his work, although he did not go to the regions dominated by the Mamlūks. The two main characteristics of the Hanafī thought in the Mamlūk period were the hadith-centred fiqh thought and mamzûc (mixed) method of fiqh. In the Mamlūk period, hadith studies which were not seen before in Hanafī sect were done. During this period, Hanafī jurists spent time in the field of hadith such as Ibn Balabān, Ibn Turkmānī, Zeylaʻī, Kuraşī, Mogoltay b. Kılıç, Bedruddīn Aynī, Ibn Kutluboğa, Serūcī, Bābertī, İbnü’l-Humām, İbnü’l-‛Adīm. They tried to eliminate the lack of studies in the field of hadith in the Hanafī circles while their studies certainly require hadith expertise. As a result of the works of these jurists in the field of hadith, the basic sources were frequently included in the fiqh studies in the Mamlūk period and, the hadiths were started to be made. The influence of this understanding, which had an important place in the thought of the fiqh of Hanafī during the Mamlūk period, can be seen in the Ottoman fiqh works in the first period. In this context, Molla Khüsrev, in his work with the influence of the early Ottoman jurists who had been educated in Egypt before him, gave some basic sources of hadith and sometimes gave information about the reliability of hadiths. On the other hand, it is possible to say that this issue is quite insufficient in Ottoman fiqh works when compared with Hanafi jurists of the Mamlūks. A comparison of Ibnü’l-Humām’s Fethü’l-kadīr and Netāicu’l-efkār, which was performed by Kādızāde order to complete it, can be compared. Apart from that, there are different attitudes between Şürünbülālī and Şeykhi-zāde known as Damad Efendi, they lived in the same period. Şürünbülālī, one of the Egyptian scholars of the Ottoman period generally gave the hadiths from the basic hadith sources in his work Merāki’l-felāh, while Şeyhīzāde did not obey this issue and rarely included basic hadith sources in his work Mecma‛ü’l-enhur. These differences can be explained by the necessity of the scientific environment. Because the Hanafīs were accused of not using hadith in Egypt and its environs, the Hanafī jurists living in this region should have directed them to be more rigorous about the hadith. However, since the Hanafī jurists living in other Ottoman regions did not have such a problem, they probably did not feel the need to refer to the main sources of hadith in the power of hadiths. Therefore, it can be said that the scientific environment and the need arising in this direction lead to different attitudes of the jurists living in the same period. The mamzûc (mixed) method starting with Ibnu’s-Sāātī, In the 8th-century, it was especially effective on the idea of ​​the fiqh style of Hanafī jurists. Although the first name of the mamzûc (mixed) method, Ibnu’s-Sāātī, was not one of the scholars of the Mamlūk period, the influence he initiated was more common in the Mamlūk period and became one of the characteristic features of the Hanafī fiqh thought in this period. Therefore, it is understood that the majority of Hanafī jurists had a gratified method. In addition to this, it is seen that Ottoman jurists who were educated in and around Egypt write procedural works in grammatical style. Molla Fanārī's work Fusūlü’l-Bedāyi is the most important example of this genre. Moreover, even Molla Khüsrev, who had not gone to Egypt and his surroundings, wrote a memoir-like work called Mir’ātü’l-Usûl. The works of these two authors show that the Ottoman jurists were influenced by the Mamlūks. As a result, it is possible to say that the fiqh studies in the early period of the Ottomans were influenced by the Mamlūk Hanafīs who had their characteristics. The hadith-centred fiqh thought and mamzûc (mixed) fiqh style understanding had an impact on the early Ottoman fiqh studies. (shrink)

The study of social, ethical, and political issues from a naturalistic perspective has been pervasive in social sciences and the humanities in the last decades. This articulation of empirical research with philosophical and normative reflection is increasingly getting attention in academic circles and the public spheres, given the prevalence of urgent needs and challenges that society is facing on a global scale. The contemporary world is full of challenges or what some philosophers have called ‘existential risks’ to humanity. Nuclear wars, (...) natural and/or engineered pandemics, climate change, global totalitarianism, and emergent technologies, are some of the challenges mentioned by many authors devoted to the study of long-term potential risks for the survival of the human species. However, while there are many reasons to be a pessimist about the future of humanity, there is also a lot of ink wasted in showing that the world today is far better than we had in the past and also that there have been many instances of social and moral progress in the last centuries. Some authors have even claimed that “we have made more progress over the last 100 years than in the first 100,000”. According to ‘our world in data’, some of the most relevant advances of humanity in the last centuries have to do with the reduction of poverty and/or inequality, better health and security, the decline of violence and war, and the development of democracy and institutional mechanisms to guarantee individual freedom and rights. Yet, there is a more concrete concern that our world faces nowadays, and requires a particularly detailed analysis. In a few words, the advance in information and communication technologies, the huge volume of people migration because of prevalent instances of global inequality, and the reality of an interconnected world that just mirrors an extensive history of massive human intergroup relations open the question about the feasibility of social and moral progress in the contexts of diverse, multicultural, and unequal societies. This makes it crucial to reflect not only on whether human societies may keep advancing on a path of social progress, but how this can be achieved by addressing the challenges of inequality and potential intergroup conflict. This concern closely relates to the further consolidation of democratic values and the achievement of a more generalized consideration of the equal moral value of human individuals far from group, ethnic, or collective distinctions. This vision of progress follows the moral convictions that have been considered right and worthy to be pursued by most ethical theories explored by philosophers and social scientists so far. This work aims to contribute to the study of the mechanisms and feasibility of social and moral progress grounded on the precept of human equality and is guided by the idea that social and moral progress in a plural world requires the accomplishment of a more democratic and tolerant society. These forms of progress have already been defined by philosophers Allen Buchanan and Russel Powell as inclusivist forms of moral progress. According to these authors, inclusivist moral progress is featured by the transformation of moral judgments, motivations, and norms guided by the rejection of “group-based restrictions on moral standing and moral status” (2018). The work of Buchanan and Powell is fundamental for the argumentation developed in this work since they have pioneered a more complex debate in the field of evolutionary social sciences and philosophical anthropology. In brief, these authors have inquired how human nature, conceptualized by the advances in evolutionary thinking and the empirical sciences, is related to our moral convictions and the possibilities that we have to establish certain forms of social and moral progress. The work of Buchanan and Powell contributes to the debate on moral progress by incorporating empirically-informed concepts and arguments. With this objective in mind, they develop their discussion around a generalized tension between exclusivist and inclusivist forms of moral progress. This tension revolves around the question of whether and to what extent human moral concerns, motivations, and norms, are limited or bounded by social identities, group thinking, or collective values. This question is at the center of this work. In other words, I aim to answer whether and to what extent the nature of our social and moral cognition hinders or enables the development of inclusivist forms of morality and moral progress. As I mentioned so far, the distinction between exclusivist and inclusivist forms of morality has a practical implication and facilitates the reflection on the mechanisms and feasibility of concrete forms of progress based on the precept of human equality, which is the road to progress that we should follow according to most ethical theories. The distinction between exclusivist and inclusivist morality is not used here as a form of summarizing highly divergent descriptive approaches to morality, but as a way to address the practical implications of morality research, particularly around the question of the feasibility of social forms of progress based on the precept of equality and tolerance. My objective then has less to do with offering a conceptualization of human morality or with the proposition of a new ethical perspective. Instead, I aim to identify, from an empirically informed perspective, what enables the achievement of egalitarian forms of social progress, to subsequently offer a normative reflection about what we should do if we want to accomplish such inclusivist forms of progress. This task is of great relevance, having in mind that some theoretical proposals on the matter have claimed that human prosocial behavior and morality are constrained by exclusivist fixed tendencies as a product of our evolutionary history. According to these views, human morality is a group-centered cognitive and behavioral expression that has severe limits in its scope and extent, which hinders in the end the emergence of inclusivist forms of moral concerns and behaviors. These claims align with the philosophical intuition about the ‘dissociation of empathy’, or the fact that human individuals tend to express empathy and sympathy preferably for members of their group whereas their empathic and moral concern and recognition for outgroup individuals tend to be reduced or eliminated in real-life social interactions. Multiple theorists have expressed, however, that these assumptions are wrong for empirical and philosophical reasons, which results in a serious challenge to the conception of human morality as exclusivist by nature. Furthermore, simple intuition and practical experience constantly show us that human individuals can develop and endorse a broad spectrum of moral considerations and adopt an arguably inclusivist stance concerning the kind of persons or agents that deserve moral concern. Moreover, and adopting a historical perspective, the expansion of cultural and commercial exchanges, the consolidation of democracy, the development of welfare states, or the emergence of institutions based on the concept of universal human rights, have partially driven human progress based on the impartial concern for the well-being of persons. These historical instances of cultural evolution and institutional design have shown that it is feasible to promote behaviors and attitudes grounded in impersonal prosocial and inclusivist principles. This optimistic perspective, however, still begs the question of the exact relationship between social, cultural, and historical contexts, and the emergence of certain behavioral expressions of inclusivist morality. This is crucial since a great number of human individuals around the world still do not make part of these instances of social progress, and some authors have suggested that such instances of social and moral progress are particularly favored by the contexts of the WEIRD world, that is the world of Western, Educated, Industrialized, Rich, and Democratic societies. Some of these approaches consider moral inclusivity a ‘luxury good’ and follow the ‘dependency thesis’ according to which the expression of moral inclusivity depends on the presence of very concrete material conditions that trigger inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. This thesis is problematic for various reasons and has led to incomplete explanations about the enabling and causal factors of inclusivist moral progress, as well as unsatisfactory suggestions about what we should do to foster the accomplishment of more generalized instances of progress based on inclusivist concerns. In an attempt to contribute to this debate, the main objective of this thesis is to offer an alternative proposal about the nature of human morality and a more detailed reflection on what we should do if we want to further accomplish such instances of progress. More precisely, this work adopts a particular developmental and constructivist vision of human morality to answer the question of how feasible it is to reach generalized forms of social progress based on the precepts of moral inclusivity. Furthermore, it offers some ideas about what are the most adequate and favorable conditions to foster such progress both at the individual and the collective level. At this point, a preliminary clarification of some starting points is necessary. In the first place, and contrary to what other authors have proposed when debating moral progress from an empirically-based approach, my perspective adopts a radical developmental and constructivist perspective, following particularly the conceptual and empirical ideas of the social-domain theory in moral psychology. From this perspective, morality is a domain of normative and social knowledge that develops and emerges in human interactions. Moral concerns, judgments, and norms are not only the result of the expression of innate adaptive intuitions, nor the product of social conformity and a simple process of mirroring the normativity that communities have established to organize their social life. Human individuals, instead, construct moral concerns and judgments during their situated interactions. More specifically, the constructivist tradition claims that we need to research how moral concerns, judgments, and reasons emerge in social interactions and how human beings construct the content of their moral knowledge in the first place. Based on these ideas, morality is defined here as the result of a constructive process through which human individuals, by the means of constant interactions on a background of mutual respect and recognition, develop evaluative concerns about how we ought to treat others, and how to ‘care’ and ‘respect’ others’ well-being, needs, and vulnerabilities. This developmental-constructivist theory of human psychology contributes to an alternative understanding of the origins of moral variability and informs a very particular normative stance about the most desirable contexts needed for the urgent accomplishment of inclusivist forms of morality in contemporary societies. This is so given that the very same definition of morality adopted presupposes the feature of inclusivity. The main objective of this work is then to argue, based on a developmental perspective, what are the most favorable conditions to foster the development of moral inclusivity and what we should do to accomplish concrete instances of moral progress that truly help us to overcome our most urgent moral challenges. The whole thesis is organized as follows. In part I, I show how received visions about human social evolution have informed conceptions of morality as an adaptive function evolved to solve the challenges of cooperative life. Based on these assumptions, some theories argue that human morality is limited by the boundaries of group thinking, and always obeys the mandates of collective interests and the will of the majority. However, this conception has problematic implications from a normative and ethical perspective. The aim of Chapter 1 is to present this introductory debate in detail. In chapter 2, I consider a relevant amount of scientific evidence that helps to consolidate a more optimistic and inclusivist perspective about the starting conditions of human prosocial behavior. Later, I will summarize some ideas offered to explain the possible evolutionary mechanisms that led to the consolidation of these inclusivist capacities. However, I will also show how evolutionary theories that share the same adaptationist foundations but initially seem relevant to explain the feasibility of moral inclusivity, result incomplete when considering the complexity of moral behavior and its ethical implications. Part II is devoted to presenting a developmental alternative to the adaptationist versions around the starting conditions of morality. In this section, I first summarize the epistemological, conceptual, and empirical basis of a constructivist perspective already proposed by several authors in the last decades. This is the goal of chapter 3. More precisely, I adopt the conceptualization of morality established by the social-domain theory school and clarify its conception of the situated development of moral concerns, motivations, and norms. All these ideas are essential for my argumentation on the feasibility of inclusivist moral progress offered later. Chapter 4 provides a more detailed idea of constructivist thinking about moral development, by analyzing one particular dimension: the development of moral concerns for fairness and the sense of justice in distributive dilemmas. In Part III, I assume a constructivist perspective on morality to contribute to the philosophy of moral progress. In particular, I discuss the implications of such a perspective for the conceptualization of human moral nature and discuss what are the most favorable conditions for moral inclusivity to emerge. Answering that question is of enormous relevance since favoring the transition of human societies towards more inclusivist forms of moral concern and behavior supposes a more generalized accomplishment of our most urgent moral convictions. Previous developmental or culturally-sensible attempts to explore this issue are already on the market. As mentioned before, most authors have approached the topic by situating the cultural evolution and development of (inclusivist) moral progress in the WEIRD world. For instance, some of these authors claim that very concrete material conditions (mostly present in the Western World) have been necessary for triggering inclusivist and impersonal prosocial tendencies that human beings are not able to express in threatening contexts without physical security. Despite their interest in explaining inclusivist morality and the feasibility of inclusivist forms of progress following a naturalistic and culturally situated approach, these theories are problematic for two main reasons. In the first place, most of the authors that explain moral progress tend to focus exclusively on the consolidation of liberal values in the Western world and the underlying adoption of laws, social-epistemic practices, and public narratives about tolerance and inclusivity, as unequivocal signs of inclusivist morality. Nevertheless, there is an enormous distance between the institutional and public support of inclusivist moral values or the construction of public images of tolerance and inclusivity, and the real materialization of impersonal moralities in situated social interactions. Secondly, the variability of human moral behavior is far bigger than most of the theories in moral psychology and moral progress tend to assume. Accordingly, inclusivist and exclusivist forms of morality may develop simultaneously in similar or divergent geographical and socio-ecological environments, including those with harsh conditions such as competition for scarce resources, potential intergroup conflict, and risks of disease transmission. In addition, harsh environmental conditions are usually present in almost all societies around the globe, and the presence of socio-ecological conditions such as physical security and prosperity, predominant in highly resourced populations, do not prevent the existence of exclusivist moral tendencies. My model explores a different perspective on the relationships between cultural, institutional, and historical factors, and the situated development of human morality. This supposes a clear distinction from previous approaches to the matter since it offers a different view on what we should do to pursue further instances of inclusivist social progress. In the fifth chapter, I first analyze the proposals of some defenders of the ‘dependency’ theory. The attention is focused on the ‘Evolutionary Developmental Model’ proposed by Buchanan and Powell (2018). Based on a critique of this approach, I will argue that to explain the evolution and development of human morality in its multiple manifestations, it is essential to put focus on social interactions. This also involves a different perspective on human-environment relations that in line with a constructivist worldview makes an innovative contribution to the philosophy of moral behavior and moral progress. Later, in the sixth chapter, I will define my alternative relational view of inclusivist morality and I will offer my view on how to establish favorable conditions that make inclusivist morality possible. Complementing the constructivist approach, my conception is based on the essential role of equality and individuality and on how moral inclusivity is favored if moral concerns do not develop driven by the accomplishment of group-centered, binding, and communitarian concerns and values. In brief, my relational model suggests that the accomplishment of moral inclusivity not only depends on the overall achievement of certain levels of physical security or economic prosperity. Instead, its development is favored by transforming the interactional contexts in which moral concerns towards autonomy and individuality emerge. In arguing so, I will need to start with a critique of contemporary situated and embodied approaches in ethics. Then, I will show how societies guided by the accomplishment of group-centered values of power, dominance, and relational inequality tend to express exclusivist moral behaviors, while individualistic societies tend to be more inclusivist. Starting from this diagnosis, my final attempt is then to reflect on which are the best conditions for the moral valuation of individuality to emerge and what we should do to promote the accomplishment of moral inclusivity at the societal level. (shrink)

Ex interiore ipso exeas. Preface. This book reconstructs the history of a still open dialectics between several ethoi, that is, shared codes of unwritten rules, moral traditions, or self-aware attempts at reforming such codes, and ethical theories discussing the nature and justification of such codes and doctrines. Its main claim is that this history neither amounts to a triumphal march of reason dispelling the mist of myth and bigotry nor to some other one-way process heading to some pre-established goal, (...) but instead to a chain of controversies where the partners’ will to win unintentionally yields a wealth of insights on human existence that has still something to teach us. -/- 1. The Hellenic moral tradition. -/- Two different traditions of morality in vi-v century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. -/- 2. Plato and the Good. -/- Plato’s own reformulation of Socrates rejoinder to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 3. Aristotle and practical philosophy. -/- Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistency in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The relationship of individual ethics, or ‘monastics’, with the art and the science of the pater families, or ‘economics’, and the science of the ruler and citizen, or politics, is illustrated. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexes, or ‘dispositions’. Prudence, or better, practical wisdom, is the focus of the chapter. Its relationship with boùleusis or deliberation is discussed, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 4. Cynics and Stoics: ethics as therapy. -/- The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. The various phases of Stoicism are described, and the shifting place that was given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. The peculiar character of the Epicurean school is described, a combination of the science of well-being aiming, more than pleasure understood as in the popular view, the reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Roman and Imperial Moralists. -/- The chapter is dedicated to the reconstruction of a particular kind of literature, whose specific features have long been under-stressed, namely the Roman and Imperial moral literature. Cicero is treated at some length, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is given pride of place, stressing the novelty of his approach to ethics as cognitive therapy, in this case just following an already existing new wave of interest after nineteenth-century oblivion justified by alleged lack of authentic ‘philosophical’ character. -/- 6. The Hebrew moral tradition. -/- A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torah (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Levitic is stressed as the turning point when the stress on mercy, typical of the Prophetic tradition, starts being combined with legal tradition yielding the change in the sensibility of the Second Temple time. -/- 7. Second Temple Judaism. -/- This chapter describes the Long March leading from the post-exile Zadokite restoration to the first-century aevi vulgaris. The first topic reconstructed is the Zadokite theology of the double retribution. The second is the alternative Enochic tradition consistently rejecting the central role of the Temple, the Priesthood and worship as atonement for sins and offering as an alternative God’s unlimited mercy and preaching mercy, not sacrifice as the way of behaving requested by God. Wisdom literature, the third subject discusses, is a kind of third way, on the one hand increasingly critical towards the double retribution and ruling theology’s optimism facing the world as it is and on the other mocking at the Enochic current as a band of dreamers and visionaries. The third way consists in disenchantment facing the word as it is combined with a refusal of vain and childish hope of prizes for the righteous, suggesting instead the leading idea of right deeds for righteousness’s sake. Rabbi Hillel, Rabbi Yeshua and Philo of Alexandria are described as the three leading figures at the culminating point of such process of emergence of a new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This starting point consists precisely in the precept of one’s neighbour’s love or of the golden rule, whose meaning is, arguably, more consistent than a long-lasting Christian tradition deriving from John and Augustine made us believe. And Christian morality, vis-à-vis allegedly legalist ‘Ancient Testament’ teachings, is less of a novelty than most early Christian writers announced. -/- 8. Talmudic moral doctrines and proto-Christian paraenesis. -/- The first three sections examine the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirke Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deot, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexes and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was "the tool by which the world was built"; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous, but deeds are the inevitable effect of either faith or learning. The last two sections examine first the various Christian currents and then Gnostic para-Christian or non-Christian currents as well as Manicheism. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure, purest Judaism. The last section describes briefly the galaxy of Gnostic currents and Manicheism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. -/- 9. Christianity as “philosophy”. -/- The chapter reconstructs the stormy story of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and several rhetorical topics from the Stoic and Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua himself had been influenced by cynical preachers, is a proof of the necessity to translate the original Christian message in a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 10. Ethics in the Arabic-Islamic Philosophy. -/- The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on the retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince, had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries, a war raged among theologians and philosophers, finally won by the former with the disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 11. Ethics in the Jewish philosophy. -/- The encounter between the Talmudic tradition and Hellenic philosophy had taken place for the first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed too a few traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Tora and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirke Avot could be translated. -/- 12. The practical philosophy revival in Latin Europe. -/- A reconstruction is carried out of a fresh start of philosophical ethics in Latin Europe at the turn of the Millennium rescuing a Platonic and Augustinian legacy, with Anselm and Peter Abelard. In this phase remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions, gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of a full legitimization of natural morality, i.e. ethics without Revelation. -/- 13. Scholastic practical philosophy: Thomas Aquinas. -/- Aquinas’s ethics is theological ethics out of which it would be vain to try to extract self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to the repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave pure nature incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too ambitious, and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Prima Secundae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas was able to solve the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from the knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethics, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of the death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not the Thomist ethical theory. Finally, Thomas’s ethics is no way an ethical ‘absolutism’, as both the traditionalist Catholic theologians and secularists tend to believe, but rather an ethic of prudential judgment on the individual case. Exceptions to this approach – or better the result of logical fallacies – are provided by the thesis of the absolute character of negative precepts and of the existence of so-called intrinsically evil acts, a thesis that would simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences that Thomas did not live long enough to draw. -/- 14. Scholastic practical philosophy: John Duns Scotus and William of Ockham. A reconstruction is carried out of the ethical doctrines by both most authoritative Franciscan doctors. Their continuity with Aquinas is vindicated against prejudice carried by centuries of polemics within the Catholic Church and tendentious disparaging of both as forerunners of execrable Reformation. Besides aspects of continuity, also the important novelties are illustrated, first John’s abandonment of Aquinas’s and Augustine’s eudemonism, asserting righteousness for righteousness’s sake, and then William’s explicit defence of the philosopher’s virtues, that is, natural morality, and his solution to the dilemma of God’s omnipotence and the universal validity of natural law extending to God himself. -/- 15. Aristotelianism interpreted by the Magistri Artium. -/- A reconstruction of the until recently forgotten ethical doctrines by the Parisian Magistri Artium, falsely depicted as ‘Averroists’ and either deprecated as heretics or mistaken for predecessors of modern secularism. In fact, they illustrate a view of ‘natural’ virtue as may be understood by human reason without the assistance by Revelation. -/- Etiamsi daremus Deum non esse. Intermediate considerations. Three considerations may be suggested by the story told in the book. The first one is that intellectual histories have been mounted in the past with the same state of mind as one may mount a war chariot. Such constructions are not very helpful as tools for understanding the past. Wars waged in the past have left the field obstructed by ruins not easy to remove even by those historians who have animated by an impartial academic motivation. They have been influenced too by consequences of past emphasis on some authors and damnatio capitis suffered by others, by stratifications left on sources by secondary literature and translations, by allotment of originally close sources to different literary genres, by the monopolization of religious texts by churches with full cooperation by secular scholars who still fear contamination. The second one is that aware or unaware ethnocentrism has carried various calamities to our comprehension of the past. Their last vestiges have surfaced again in the semi-scholarly discussion on the idea of Europe occasioned by the debate on a project of a European Constitution. Mention of Europe’s Christian roots has been the clumsiest move. Proclamations of such roots were so obvious in what they affirmed as they were totally off-path concerning what they omitted, namely that he modern European moral tradition included legacies from Middle-Eastern wisdom, Hellenic philosophy, Roman Imperial legal literature, and, besides, a Jewish legacy in turn incorporating other more ancient Middle-Eastern legacies and which has been partly conveyed by Christianity. And the Islamic-Arabic philosophy too, in so far it made the Nicomachean Ethics available to Latin Christian scholars, is one more of Europe’s roots. The third is that religious traditionalists and secularist fundamentalists have gone hand in hand for a couple of centuries in either extolling or deprecating the allegedly Modern idea of Ethics without God, first formulated by Hugo Grotius with the claim that natural law would still be valid ‘etiamsi daremus – quod sine summo scelere dari potest – Deum non esse’. The facts are, firstly, that this is not an irreligious claim and Grotius was just a pious and meek Christian and, secondly, that it is not a ‘modern’ claim but rather one more formulation of the claim that there is a natural morality, independent of divine revelation, a claim shared by Moshe ben Maimon, Aquinas and William of Ockham. -/- . (shrink)

Kant’s theory of moral action faces a serious difficulty concerning motivation: how do commands of pure practical reason solely move human agents to perform moral actions? In his response, Kant claims that human agents perform moral actions out of a feeling of respect for the moral law. However, attempts to accommodate a feeling of respect into Kant’s rigorously rationalist ethical theory have led to two diverging strands of interpretation in the secondary literature: intellectualism and (...) affectivism. Against this context, this paper proposes an interpretation of Kantian moral motivation with an appropriate place for the notion of respect within it to resolve the motivational problem concerning moral actions. According to the model of Kantian moral motivation that this paper develops, motivation to act morally takes place in two sequential stages, each involving the positive role of respect as a motive. By arguing for a positive role of the feeling of respect in the process of moral motivation, this model aligns with the affectivist school of interpretation. (shrink)

In the Critique of Practical Reason, Kant invokes the moral law as an underived fact of reason. The aim of this article is to explore the highly debated role of the fact of reason and the nature of this fact, which apparently defies the senses of actuality commonly associated with empirical facts and objective entities. Following David Sussman's interpretation, I argue that the fact of reason not only marks the abandonment of deduction of the (...) class='Hi'>moral law but illustrates that the failure to ground the moral law does not undermine its unconditional authority. Therefore, I claim that rather than signifying a methodological maneuver to get out of the circle that Kant admits to be entrapped, it operates as immanent, dynamic and an aporetic facticity. This perspective allows seeing its heuristic function for keeping intact the aporia that structures morality and offers away of coming into the circle of morality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Richard Price, the Debate on Free Will, and Natural RightsGregory I. MolivasWhen Richard Price projected metaphysical assumptions onto his ethical theory, he elaborated a conception of man as a normatively self-regulating being. Endowed with rationality, man is a “law unto himself.” Price’s political writings postulated accordingly that man should be his own legislator. The first proposition appeared in his ethics in the context of man’s identification with his higher (...) faculties, and the second in the context of man considered as a member of civil society. Crucial to the transition from the first context to the second was Price’s notion of man’s inward constitution as permeating his conception of practical virtue, a view he expanded in his discussion on free will. This conception was built on a sharp contrast between reason and passion, which he described in terms of a relationship like that of sovereign to subject. The contrast is between those faculties which are destined to command, and those who ought to obey. This analogy facilitated comparison with normative relationships obtaining in civil society, where Price identified subservience to passion with obedience to an external-to-the-“self “ power, which in a political context manifested as the wishes of other people.These successive steps from ethical supposition to political claims, formed a body of assumptions underlying beliefs that were shared by many of his contemporaries. They did not constitute a unified system of principles, and it is vain to seek theoretical consistency in all those who seemed to have espoused ideas similar to those of Price. His assumptions do, however, help to explain why some of his contemporaries found his ideas familiar or self-evident, while to others they were incomprehensible. Nor is it a coincidence that Price’s most able critics happened to be psychological determinists (Richard Hey, John Lind, Edmund Burke), who attacked his conception of political liberty after undermining, or disputing, Price’s conception of man. [End Page 105]I. In the writings of all those who inveighed against the rights of man, the words “natural rights” and “metaphysics” are often found together. Thomas Paine was accused of having “crudely stolen” his “crazy metaphysics” from others, 1 and studies of Edmund Burke have continuously pointed to his dislike of the “professor of metaphysics.” Burke’s aversion to abstract speculation and metaphysics has often been interpreted as the natural reaction of an English politician confronting the generalities of continental writers. Frederick Dreyer, however, argues that when Burke wrote his Reflections, he had in mind Price’s philosophical arguments rather than the events of the French Revolution. 2 According to him, the anonymous “metaphysician” whom Burke so often and so vehemently denounced was, in fact, Richard Price.In substantiating his position Dreyer quotes, among other things, a revealing passage from Burke: “There are people who have split and anatomized the doctrine of free government, as if it were an abstract question concerning metaphysical liberty and necessity, and not a matter of moral prudence and natural feeling.” 3 Although Dreyer does not pursue the full implications of the evidence he presents, this is a remarkable statement, because it indicates what Price had undertaken in his political writings. In his philosophical works Price had defended the idea of metaphysical or philosophical liberty as a precondition of moral agency. In the first and most important theoretical section of his influential Observations on the Nature of Civil Liberty, 4 which set out to analyze the nature of liberty, Price summarized his earlier philosophical views. As William King noted in this section of his political pamphlet Price was “totally out in his philosophy.” 5Price defined liberty as the power of self-government and approached it through its four general divisions: physical liberty, moral, religious, and civil liberty. Commentators on Price have often acknowledged that his conception of liberty, as expounded in his political pamphlet, is indebted to his earlier philosophical work and notably his Review of the Principal Questions in Morals; 6 but they have not followed up with a clear exposition of how the divisions of liberty Price put forward in his Observations are related. [End Page 106]Although J. C. D. Clark claims that... (shrink)

Immanuel Kant's moral thesis is that reason alone must identify moral laws. Examining various interpretations of his ethics, this essay shows that the thesis fails. G. W. F. Hegel criticizes Kant's Formula of Universal Law as an empty formalism. Although Christine Korsgaard's Logical and Practical Contradiction Interpretations, Barbara Herman's contradiction in conception and contradiction in will tests, and Kenneth Westphal's paired use of Kant's universalization test all refute what Allen Wood calls a stronger form of the formalism charge, (...) they are not free from a weaker form of it. Some philosophers try to avoid both forms of the formalism charge in the following ways: First, some underline the roles of Kant's other formulas. Second, some interpret the Formula of Universal Law teleologically. Third, some claim that a maxim must be something all those potentially affected by it can rationally accept. Fourth, Robert Louden introduces the empirical to evaluate a maxim. All those attempts introduce heteronomy into Kant's ethics. Besides, on the third response, from the fact that all those potentially affected accept a maxim, it does not follow that it is morally right. It is impossible to avoid the formalism charge without making his ethics heteronomous. Thus, Kant's ethics is either empty or heteronomous. Either way it fails to identify moral laws by reason alone. (shrink)

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

Let me begin with a stylized contrast between two ways of thinking about morality. On the one hand, morality can be understood as the dictate of, or uncovered by, impartial reason. That which is (truly) moral must be capable of being verified by everyone’s reasoning from a suitably impartial perspective. If we are to respect the free and equal nature of each person, each must (in some sense) rationally validate the requirements of morality. If we take this view, the (...) genuine requirements of morality are a matter of rational reflection and self-imposed law. For Kant it seemed to be a matter of reflection by a rational individual, testing the impartiality of his maxims. For Rousseau, who was an important influence on Kant, under the proper conditions collective deliberation could yield impartial rules of justice that are willed by all. From another point of view moralities are social facts with histories. The heroes of this tradition are Hume, Ferguson and, perhaps surprisingly given his “deductive” method, Hobbes. The moral codes — or if “code” implies too much systematization, moral “practices” — we have ended up with are, to some extent, a matter of chance. This is by no means to say that morality is entirely arbitrary, but it does contain a significant arbitrary element. The morality we have ended up with is path-dependent: only because our moral codes have started somewhere, and have changed in response to unanticipated events, can we explain why we ended up where we have, and different societies end up in different places. The proponents of each view typically seek to discredit the other. Those who conceive of morality as the demand of impartial reason often insist the evolutionists confuse “positive morality” (the moral code that people actually follow) with justified (or true) morality, which is revealed by impartial reason. The positive morality that has evolved is simply what people think is morality, not what really is morality.. (shrink)

The focus of my argument is whether, and in what sense, freedom is “revealed” by the fact of reason in Kant’s second Critique. I examine the passages in which Kant refers to the fact of reason and conclude that he uses the term to refer to our taking morality as authoritative, and to our apprehending the content of the moral law. I then point out how various commentators have claimed each to be the fact of reason. (...) Next I address how each is claimed by Kant to reveal “freedom” to us and argue that our taking morality as authoritative is best understood as referring to our conception of ourselves as autonomous beings, and that our apprehending the moral law’s content reveals only the idea of freedom as a coherent one. So neither would demonstrate not that we are actually autonomous, nor would their conjunction, despite what some commentators have claimed. In closing I defend the highly deflationary position that the fact of reason entitles us to postulate our freedom, but only from the practical point of view, and that it demonstrates that freedom is a coherent idea. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:THE MEANING OF VIRTUE IN THE CHRISTIAN MORAL LIFE: ITS SIGNIFICANCE FOR HUMAN LIFE ISSUES RoMANUS CESSARIO, O.P. Dominican House of Stuaies Washington, D.a. RCENTLY, AN International Congress of moral theology convened in Rome brought together some three hundred academicians. They participated in an open forum devoted to current questions in moral theology and bioethics. Held at the Lateran University, the Congress, "Humanae vita,e: 20 Anni (...) Dopo," was divided into two parts. Although a majority of the presentations concerned the relevance of the Church's teaching on artificial contraception, the membership did devote the second part of the Congress to a sustained discussion of some new issues raised by Donum vitae (1987), the recent instruction of the Congregation for the Doctrine of the Faith on " Respect for Human Life in its Origin and on the Dignity of Procreation." To be sure, both documents emphasize the Church's constant teaching concerning the providence of God in human life and the dignity of the human person. Nevertheless, procedures such as GIFT (gamete intra.-fallopian transfer), LTOT (low tubal ovum transfer ), TOT (tubal ovum transfer) provide the moral theologian with new challenges to interpret the Church's position which insists on identifying the procrea.tive and unitive aspects of Christian marriage. The following article discusses the papal documents from the perspective of a realist moral theology. First of all, I would like to recall a principle which Paul VI, however obliquely, enunciated in the course of Humanae Vitae, for I consider the principle an axiomatic one in the present discussion. At the beginning of section 8 entitled "Pastoral 178 174 ROMANUS CESSARIO, O.P. Directives," we find a statement of theological purpose which should guide all Catholic moral practice. Hence, I would like to quote this text as a way of introducing the meaning of virtue in the Christian moral life. The Church, in fact, cannot have a different conduct toward men [and women] than that of the Redeemer: she knows their weaknesses, has compassion on the crowd, receives sinners; but she cannot renounce the teaching of the law which is, in reality, that law proper to a human Zife restored to its original truth and conducted by the Spirit of God.1 I am especially struck by the phrase " that law proper to a human life restored to its original truth," for I believe it actually describes the kind of life which develops in those who practice the virtues. Yet, before speaking about the implications of a virtue-centered morality for the difficult issues of bioethics, I would like to remark briefly on the way certain contemporary theologians misinterpret what Paul VI calls the " law proper to a human life restored to its original truth." In order to do so I have divided this paper into three parts. Thus, the first section of the paper examines several themes in contemporary moral methodology. The second section provides a general statement about the relationship between moral theology and the sa,cra domrina. Finally, the third section briefly considers why the life of virtue remains the only legitimate means for fulfilling the " law proper to a human life restored to its original truth." First, then, to contemporary themes. I Proportionate Reason and the Ethics of Personal Responsibility In an earlier draft of this paper, I titled this section "St. Ignatius, St. Alphonsus, and St. Elsewhere." I had considered actually outlining the moral methodologies of two Roman theo1 Paul VI, Humanae vitae, n. 20. VIRTUE THEORY AND HUMAN LIFE ISSUES 175 logians, the German Jesuit Josef Fuchs 2 and the Redemptorist Bernard Haring.3 These authors have influenced most leading revisionist moral theologians in America, especially Charles Curran.4 One could argue, therefore, that they figure among the principals in the current debate over bioethical norms. Upon reflection, however, it seemed rpreferable simply to signal two or three basic themes which appear in most revisionist moral theology, especially as it has been developed in the United States. In brief, these themes focus principally on (1) the freedom of the individual, and (2) the consequences or end results of an action. Revisionist moral theologians receive their name from the fact that their announced purpose... (shrink)

In the second Critique, Kant claims that the moral law is given as a fact of reason. In this paper, contra the standard view, I argue that there is a non-dogmatic way of defending this claim. And Kant’s principle of morality is widely taken to be a formal principle. How then can such a formal principle be reconciled with our substantial moral end? In this paper, I also argue that Kant’s principle of morality can be construed as (...) a formal principle in the sense that it provides correctness conditions for moral laws, rather than providing specific moral laws.Dans sa deuxième Critique, Kant affirme que la loi morale se donne comme un fait de raison. Dans cet article, contrairement à la position standard, nous prétendons qu’il existe une autre façon — non dogmatique — de défendre cette affirmation. Par ailleurs, le principe de moralité de Kant est largement considéré comme étant formel. Comment un tel principe formel peut-il être réconcilié avec notre fin morale substantielle? Nous soutenons également que le principe de moralité de Kant peut être interprété comme un principe formel dans le sens où il fournit des conditions d’acceptabilité pour les lois morales, et non des lois morales spécifiques. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Ethics for a Layered SelfLaughter, Reciprocity, Generosity, HomeCynthia WillettI can imagine no better way to respond to these insightful readings than to turn the spotlight on the important books that Ann Murphy and Megan Craig have written on affect and ethics! Craig’s book, Levinas and James: Toward a Pragmatic Phenomenology, weaves radical empiricism into phenomenology as only a philosopher who is also an artist could. Her evocative queries on (...) prereflective affects, perception, and ethical attunement shed light on the role of moods for unsettling rigid ego boundaries, ethical subjectivity, the feeling of being alive, the audible dimension of ethical encounters, life beyond a struggle to survive, temporality, and ethical ambiguity. These themes are compelling for any postmoral ethics that operates beyond or below the register of modern moral theory’s abstract laws and transparent cogitos. Her work balances an ethical concern for vulnerability with a vital regard for the vibrancy of living creatures and landscapes.Ann Murphy’s Violence and the Philosophical Imaginary illuminates philosophical questions with an abiding lucidity that does not weaken but amplifies the complexity and difficulty of ethics. Murphy’s work exposes how tropes of violence saturate philosophical discourses of both identity formation and of political and historical transformation, and how this violence, embedded in norms, denies sympathetic concern to those outside the limits of cultural intelligibility. Building upon recent work by Judith Butler, Adriana Caverero, and others, Murphy addresses the ambiguities arising from the multiple responses that exposure to vulnerability provokes. These responses can signal care but [End Page 70] they can also manifest violence. Even as she acknowledges the complex underside of cultural intelligibility, Murphy affirms sympathy and generous concern as paradigmatic virtues to be cultivated in response to various forms of violence. She probes the significance of shame and guilt for collective responsibility, ever alert to alterity and difference. With attentive care to the singular contributions of a broad range of philosophers and critical traditions, she argues compellingly for a corporeal ethics grounded on the ontological fact of vulnerability.Through their work, Murphy and Craig pose astute questions for my project, and, in fact, for any endeavor to conceptualize an ethics attentive to an embodied sociality. I describe the multifaceted approach I contribute toward this task as a call and response ethics for a layered self. Craig wonders if the more basic feature before any “call” is contact, touch, or immersion. She notes my concern that “any purported gap or abyss between humans and animals has less to do with unique human capacities than with the rise of urban centers and the loss of contact with other species.” Harm arises from a loss of contact. This is so true. Ethics as contact calls attention to the poetry of proximity, to erotic waves that transmit through the sound or feel of the other’s breath, the heat of the body, and the smell of the skin. This intense proximity serves as a compelling source for ethical sociality, resonating in some respects with what Merleau-Ponty explores as the sense of flesh and touch and, as Murphy suggests, a transcendental eros. This contact is as primal and ordinary as the skin-to-skin contact of caregiver and infant or, perhaps, the skin-to-hair contact of a terrier and her human companion, lost for a moment in inexplicable laughter. From these observations, Craig asks if “call and response” as a locution or central designation adequately captures the intimacy and intensity of these engagements.Craig’s remarks raise the further question of what is at stake in designations or phrasings. An ethics of call and response, designated as such, emerges from phenomenological but also crucially Africana and critical theory traditions. As a relational ethics, this ethics of call and response highlights social relations and expectations, opening a path outside of what Murphy characterizes as the trifecta of virtue ethics, deontology, and utilitarianism. It attends to desire (eros) beneath, in between, and above the prescriptive rules of moral reason or the interests of individuals. At its center are social bonds (friendship and companionship, community and domination, love, hate, and other social emotions, belonging and alienation, and the conflicts of groups and reconciliation) rather... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:One Body: An Essay in Christian Sexual Ethics by Alexander R. PrussBenedict M. Guevin O.S.B.One Body: An Essay in Christian Sexual Ethics. By Alexander R. Pruss. Notre Dame, Ind.: University of Notre Dame Press, 2013. Pp. ix + 465. $45.00 (paper). ISBN: 978-0-268-03897-7.As a professor of moral theology in general and of sexual ethics in particular, I found Alexander Pruss’s largely philosophical account of sexual ethics to (...) be refreshing. As much as I try to dissuade my students from using religious legalism to justify the rightness or wrongness of certain sexual practices, I find it almost impossible to break them of the bad habit of using such phrases as “Because the Church teaches...” or “Because the Bible says...”. Even when I counter by saying, “The Church teaches that something is good because it is good and not because the Church says it is good, and such goodness is grounded in the natural law and a sound anthropology,” such legalism still persists. And so, to read Pruss’s extensive analysis of sexual ethics using both personalist and Thomistic principles as well as what we have received from divine revelation is a much-needed tonic not only for students of theology and philosophy but for all those interested in discovering the role of human reason and biology in crafting a sexual ethic.After an introduction, the proper beginning of Pruss’s analysis is found in chapter 2. Here, the author discusses love and its forms with a particular focus on the meaning of agapē in the New Testament. Pruss argues that, philosophically speaking, we should love everyone. But love should not be understood as monolithic. There are various kinds of love: agapē, philia, and erōs. The New Testament understanding of agapē contains the other two, for it is love itself. This kind of love is a love that loves the other as the other is, for the other’s sake, and in a way that is appropriate to that person in the light of objective facts. Moreover, this kind of love is not simply a feeling or an emotion but is concentrated in an action that is an expression of one’s will.In chapter 3, Pruss takes up the issue of desire. He evaluates desire in two ways: (1) desire and libido, and (2) sexual desire, need, and pleasure. He [End Page 485] concludes that sexual desire is not a need in the same way that we desire food, drink, communication, love, and to be loved. Without these latter, human life would be seriously lacking or, in the case of food and drink, quickly cut short. Second, he observes that circumstances may not be appropriate for fulfilling one’s sexual desire. Finally, while human life would be seriously compromised by the lack of food, drink, communication, love, and the need to be loved, abstaining from the fulfillment of sexual desire even over a long period of time would not be detrimental to human well-being in the same way.Pruss does not imply by the preceding that sexuality does not matter. Chapter 4, in fact, deals with the meaningfulness of sexuality. There are two sets of rules regarding sexuality and its expression. Some rules are moral in nature, like the prohibition against rape. Other rules are customs, for example, the exchanging of rings after the exchange of marital vows. With respect to the moral rules regarding sexuality, Pruss highlights casual sex, sexual assault, gay rights, and romantic love. Apart from sexual assault and rape—both of which lack consent—casual sex, homosexual sex, and romantic love have the following in common, namely, that sex is indeed innately important to human beings and that sex aspires to be romantic in nature. While, as in the case of casual sex, romantic love does not necessarily give rise to true love, romantic love is often the prelude to a deep and unique form of love. Why this is so has to do with the meaning of sexual union.Sexual union is the topic of chapter 5, presented under the title “One Flesh, One Body.” Scripture, Pruss affirms, describes the person as... (shrink)

The apriority of moral feeling is an indispensable part of Kant's insistence on moral certainty as a foundation for ethics. Even though the moral feeling of respect cannot be the source of our knowledge of the authority of the moral law, moral feeling is a catalyst to self-criticism and moral self-confidence. It is argued that moral feeling reveals a nonempirical object, one's moral character. In fact, moral (...) feeling plays a representational role that parallels sense experience, but does not derive from sense experience. His general remarks on sensibility and representations and his specific discussion of moral sensibility make it hard to take feeling as central to his ethics, but this paper explains how they in no way preclude a representational function for moral sense. (shrink)

continent. 1.1 : 3-13. / 0/ – Introduction I want to propose, as a trajectory into the philosophically weird, an absurd theoretical claim and pursue it, or perhaps more accurately, construct it as I point to it, collecting the ground work behind me like the Perpetual Train from China Mieville's Iron Council which puts down track as it moves reclaiming it along the way. The strange trajectory is the following: Kant's critical philosophy and much of continental philosophy which has followed, (...) has been a defense against horror and madness. Kant's prohibition on speculative metaphysics such as dogmatic metaphysics and transcendental realism, on thinking beyond the imposition of transcendental and moral constraints, has been challenged by numerous figures proceeding him. One of the more interesting critiques of Kant comes from the mad black Deleuzianism of Nick Land stating, “Kant’s critical philosophy is the most elaborate fit of panic in the history of the Earth.” And while Alain Badiou would certainly be opposed to the libidinal investments of Land's Deleuzo-Guattarian thought, he is likewise critical of Kant's normative thought-bureaucracies: Kant is the one author for whom I cannot feel any kinship. Everything in him exasperates me, above all his legalism—always asking Quid Juris? Or ‘Haven’t you crossed the limit?’—combined, as in today’s United States, with a religiosity that is all the more dismal in that it is both omnipresent and vague. The critical machinery he set up has enduringly poisoned philosophy, while giving great succour to the academy, which loves nothing more than to rap the knuckles of the overambitious [….] That is how I understand the truth of Monique David-Menard’s reflections on the properly psychotic origins of Kantianism. I am persuaded that the whole of the critical enterprise is set up to to shield against the tempting symptom represented by the seer Swedenborg, or against ‘diseases of the head’, as Kant puts it. An entire nexus of the limits of reason and philosophy are set up here, namely that the critical philosophy not only defends thought from madness, philosophy from madness, and philosophy from itself, but that philosophy following the advent of the critical enterprise philosophy becomes auto-vampiric; feeding on itself to support the academy. Following Francois Laruelle's non-philosophical indictment of philosophy, we could go one step further and say that philosophy operates on the material of what is philosophizable and not the material of the external world. [1] Beyond this, the Kantian scheme of nestling human thinking between our limited empirical powers and transcendental guarantees of categorical coherence, forms of thinking which stretch beyond either appear illegitimate, thereby liquefying both pre-critical metaphysics and the ravings of the mad in the same critical acid. In rejecting the Kantian apparatus we are left with two entities – an unsure relation of thought to reality where thought is susceptible to internal and external breakdown and a reality with an uncertain sense of stability. These two strands will be pursued, against the sane-seal of post-Kantian philosophy by engaging the work of weird fiction authors H.P. Lovecraft and Thomas Ligotti. The absolute inhumanism of the formers universe will be used to describe a Shoggothic Materialism while the dream worlds of the latter will articulate the mad speculation of a Ventriloquil Idealism. But first we must address the relation of philosophy to madness as well as philosophy to weird fiction. /1/ – Philosophy and Madness There is nothing that the madness of men invents which is not either nature made manifest or nature restored. Michel Foucault. Madness and Civilization. The moment I doubt whether an event that I recall actually took place, I bring the suspicion of madness upon myself: unless I am uncertain as to whether it was not a mere dream. Arthur Schopenhauer. The World as Will and Idea, Vol. 3. Madness is commonly thought of as moving through several well known cultural-historical shifts from madness as a demonic or otherwise theological force, to rationalization, to medicalization psychiatric and otherwise. Foucault's Madness and Civilization is well known for orientating madness as a form of exclusionary social control which operated by demarcating madness from reason. Yet Foucault points to the possibility of madness as the necessity of nature at least prior to the crushing weight of the church. Kant’s philosophy as a response to madness is grounded by his humanizing of madness itself. As Adrian Johnston points out in the early pages of Time Driven pre-Kantian madness meant humans were seized by demonic or angelic forces whereas Kantian madness became one of being too human. Madness becomes internalized, the external demonic forces become flaws of the individual mind. Foucault argues that, while madness is de-demonized it is also dehumanized during the Renaissance, as madmen become creatures neither diabolic nor totally human reduced to the zero degree of humanity. It is immediately clear why for Kant, speculative metaphysics must be curbed – with the problem of internal madness and without the external safeguards of transcendental conditions, there is nothing to formally separate the speculative capacities for metaphysical diagnosis from the mad ramblings of the insane mind – both equally fall outside the realm of practicality and quotidian experience. David-Menard's work is particularly useful in diagnosing the relation of thought and madness in Kant's texts. David-Menard argues that in Kant's relatively unknown “An Essay on the Maladies of the Mind” as well as his later discussion of the Seer of Swedenborg, that Kant formulates madness primarily in terms of sensory upheaval or other hallucinatory theaters. She writes: “madness is an organization of thought. It is made possible by the ambiguity of the normal relation between the imaginary and the perceived, whether this pertains to the order of sensation or to the relations between our ideas” Kant's fascination with the Seer forces Kant between the pincers of “aesthetic reconciliation” – namely melancholic withdrawal – and “a philosophical invention” – namely the critical project. Deleuze and Guattari's schizoanalysis is a combination and reversal of Kant's split, where an aesthetic over engagement with the world entails prolific conceptual invention. Their embrace of madness, however, is of course itself conceptual despite all their rhizomatic maneuvers. Though they move with the energy of madness, Deleuze and Guattari save the capacity of thought from the fangs of insanity by imbuing materiality itself with the capacity for thought. Or, as Ray Brassier puts it, “Deleuze insists, it is necessary to absolutize the immanence of this world in such a way as to dissolve the transcendent disjunction between things as we know them and as they are in themselves”. That is, whereas Kant relied on the faculty of judgment to divide representation from objectivity Deleuze attempts to flatten the whole economy beneath the juggernaut of ontological univocity. Speculation, as a particularly useful form of madness, might fall close to Deleuze and Guattari’s shaping of philosophy into a concept producing machine but is different in that it is potentially self destructive – less reliant on the stability of its own concepts and more adherent to exposing a particular horrifying swath of reality. Speculative madness is always a potential disaster in that it acknowledges little more than its own speculative power with the hope that the gibbering of at least a handful of hysterical brains will be useful. Pre-critical metaphysics amounts to madness, though this may be because the world itself is mad while new attempts at speculative metaphysics, at post-Kantian pre-critical metaphysics, are well aware of our own madness. Without the sobriety of the principle of sufficient reason we have a world of neon madness: “we would have to conceive what our life would be if all the movements of the earth, all the noises of the earth, all the smells, the tastes, all the light – of the earth and elsewhere, came to us in a moment, in an instant – like an atrocious screaming tumult of things”. Speculative thought may be participatory in the screaming tumult of the world or, worse yet, may produce its spectral double. Against theology or reason or simply commonsense, the speculative becomes heretical. Speculation, as the cognitive extension of the horrorific sublime should be met with melancholic detachment. Whereas Kant's theoretical invention, or productivity of thought, is self -sabotaging, since the advent of the critical project is a productivity of thought which then delimits the engine of thought at large either in dogmatic gestures or non-systematizable empirical wondrousness. The former is celebrated by the fiction of Thomas Ligotti whereas the latter is espoused by the tales of H.P. Lovecraft. /2/ – Weird Fiction and Philosophy. Supernatural horror, in all its eerie constructions, enables a reader to taste treats inconsistent with his personal welfare. Thomas Ligotti Songs of a Dead Dreamer. I choose weird stories because they suit my inclination best—one of my strongest and most persistent wishes being to achieve,momentarily, the illusion of some strange suspension or violation of the galling limitations of time, space, and natural law which forever imprison us and frustrate our curiosity about the infinite cosmic spaces beyond the radius of our sight and analysis H.P. Lovecraft. “Notes on Writing Weird Fiction” Lovecraft states that his creation of a story is to suspend natural law yet, at the same time, he indexes the tenuousness of such laws, suggesting the vast possibilities of the cosmic. The tension that Lovecraft sets up between his own fictions and the universe or nature is reproduced within his fictions in the common theme of the unreliable narrator; unreliable precisely because they are either mad or what they have witnessed questions the bounds of material reality. In “The Call of Cthulhu” Lovecraft writes: The most merciful thing in the world, I think, is the inability of the human mind to correlate all its contents. We live on a placid island of ignorance in the midst of black seas of infinity, and it was not meant that we should voyage far. The sciences, each straining in its own direction, have hitherto harmed us little; but some day the piecing together of dissociated knowledge will open up such terrifying vistas of reality, and of our frightful position therein, that we shall either go mad from the revelation or flee from the deadly light into the peace and safety of a new dark age. Despite Lovecraft's invocations of illusion, he is not claiming that his fantastic creations such as the Old Ones are supernatural but, following Joshi, are only ever supernormal. One can immediately see that instead of nullifying realism Lovecraft in fact opens up the real to an unbearable degree. In various letters and non-fictional statements Lovecraft espoused strictly materialist tenets, ones which he borrowed from Hugh Elliot namely the uniformity of law, the denial of teleology and the denial of non-material existence. Lovecraft seeks to explore the possibilities of such a universe by piling horror upon horror until the fragile brain which attempts to grasp it fractures. This may be why philosophy has largely ignored weird fiction – while Deleuze and Guattari mark the turn towards weird fiction and Lovecraft in particular, with the precursors to speculative realism as well as contemporary related thinkers have begun to view Lovecraft as making philosophical contributions. Lovecraft's own relation to philosophy is largely critical while celebrating Nietzsche and Schopenhauer. This relationship of Lovecraft to philosophy and philosophy to Lovecraft is coupled with Lovecraft's habit of mercilessly destroying the philosopher and the figure of the academic more generally in his work, a destruction which is both an epistemological destruction and an ontological destruction. Thomas Ligotti's weird fiction which he has designated as a kind of “confrontational escapism” might be best described in the following quote from one of his shortstories, “The human phenomenon is but the sum of densely coiled layers of illusion each of which winds itself on the supreme insanity. That there are persons of any kind when all there can be is mindless mirrors laughing and screaming as they parade about in an endless dream”. Whereas Lovecraft's weirdness draws predominantly from the abyssal depths of the uncharted universe, Ligotti's existential horror focuses on the awful proliferation of meaningless surfaces that is, the banal and every day function of representation. In an interview, Ligotti states: We don't even know what the world is like except through our sense organs, which are provably inadequate. It's no less the case with our brains. Our whole lives are motored along by forces we cannot know and perceptions that are faulty. We sometimes hear people say that they're not feeling themselves. Well, who or what do they feel like then? This is not to say that Ligotti sees nothing beneath the surface but that there is only darkness or blackness behind it, whether that surface is on the cosmological level or the personal. By addressing the implicit and explicit philosophical issues in Ligotti's work we will see that his nightmarish take on reality is a form of malevolent idealism, an idealism which is grounded in a real, albeit dark and obscure materiality. If Ligotti's horrors ultimately circle around mad perceptions which degrade the subject, it takes aim at the vast majority of the focus of continental philosophy. While Lovecraft's acidic materialism clearly assaults any romantic concept of being from the outside, Ligotti attacks consciousness from the inside: Just a little doubt slipped into the mind, a little trickle of suspicion in the bloodstream, and all those eyes of ours, one by one, open up to the world and see its horror [...] Not even the solar brilliance of a summer day will harbor you from horror. For horror eats the light and digests it into darkness. Clearly, the weird fiction of Lovecraft and Ligotti amount to a anti-anthrocentric onslaught against the ramparts of correlationist continental philosophy. /3/ – Shoggothic Materialism or the Formless Formless protoplasm able to mock and reflect all forms and organs and processes—viscous agglutinations of bubbling cells—rubbery fifteen-foot spheroids infinitely plastic and ductile—slaves of suggestion, builders of cities—more and more sullen, more and more intelligent, more and more amphibious, more and more imitative—Great God! What madness made even those blasphemous Old Ones willing to use and to carve such things? H.P. Lovecraft. “At the Mountains of Madness” On the other hand, affirming that the universe resembles nothing and is only formless amounts to saying that the universe is something like a spider or spit. Georges Bataille. “Formless”. The Shoggoths feature most prominently in H.P. Lovecraft's shortstory “At the Mountains of Madness” where they are described in the following manner: It was a terrible, indescribable thing vaster than any subway train – a shapeless congeries of protoplasmic bubbles, faintly self -luminous, and with myriads of temporary eyes forming and un-forming as pustules of greenish light all over the tunnel-filling front that bore down upon us, crushing the frantic penguins and slithering over the glistening floor that it and its kind had swept so evilly free of all litter. The term is a litmus test for materialism itself as the Shoggoth is an amorphous creature. The Shoggoths were living digging machines bio engineered by the Elder Things, and their protoplasmic bodies being formed into various tools by their hypnotic powers. The Shoggoths eventually became self aware and rose up against their masters in an ultimately failed rebellion. After the Elder Ones retreated into the oceans leaving the Shoggoths to roam the frozen wastes of the Antarctic. The onto-genesis of the Shoggoths and their gross materiality, index the horrifyingly deep time of the earth a concept near and dear to Lovecraft's formulation of horror as well as the fear of intelligences far beyond, and far before, the ascent of humankind on earth and elsewhere. The sickly amorphous nature of the Shoggoths invade materialism at large, where while materiality is unmistakably real ie not discursive, psychological, or otherwise overly subjectivist, it questions the relation of materialism to life. As Eugene Thacker writes: The Shoggoths or Elder Things do not even share the same reality with the human beings who encounter them—and yet this encounter takes place, though in a strange no-place that is neither quite that of the phenomenal world of the human subject or the noumenal world of an external reality. Amorphous yet definitively material beings are a constant in Lovecraft's tales. In his tale “The Dream-Quest of Unknown Kadatth” Lovecraft describes Azathoth as, “that shocking final peril which gibbers unmentionably outside the ordered universe,” that, “last amorphous blight of nethermost confusion which blashphemes and bubbles at the centre of all infinity,” who, “gnaws hungrily in inconceivable, unlighted chambers beyond time”. Azathoth's name may have multiple origins but the most striking is the alchemy term azoth which is both a cohesive agent and a acidic creation pointing back to the generative and the decayed. The indistinction of generation and degradation materially mirrors the blur between the natural and the unnatural as well as life and non-life. Lovecraft speaks of the tension between the natural and the unnatural is his short story “The Unnameable.” He writes, “if the psychic emanations of human creatures be grotesque distortions, what coherent representation could express or portray so gibbous and infamous a nebulousity as the spectre of a malign, chaotic perversion, itself a morbid blasphemy against Nature?”. Lovecraft explores exactly the tension outlined at the beginning of this chapter, between life and thought. At the end of his short tale Lovecraft compounds the problem as the unnameable is described as “a gelatin—a slime—yet it had shapes, a thousand shapes of horror beyond all memory”. Deleuze suggests that becoming-animal is operative throughout Lovecraft's work, where narrators feel themselves reeling at their becoming non-human or of being the anomalous or of becoming atomized. Following Eugene Thacker however, it may be far more accurate to say that Lovecraft's tales exhibit not a becoming-animal but a becoming-creature. Where the monstrous breaks the purportedly fixed laws of nature, the creature is far more ontologically ambiguous. The nameless thing is an altogether different horizon for thought. The creature is either less than animal or more than animal – its becoming is too strange for animal categories and indexes the slow march of thought towards the bizarre. This strangeness is, as aways, some indefinite swirling in the category of immanence and becoming. Bataille begins “The Labyrinth” with the assertion that being, to continue to be, is becoming. More becoming means more being hence the assertion that Bataille's barking dog is more than the sponge. This would mean that the Shoggotth is altogether too much being, too much material in the materialism. Bataille suggests that there is an immanence between the eater and the eaten, across the species and never within them. That is, despite the chaotic storm of immanence there must remain some capacity to distinguish the gradients of becoming without reliance upon, or at least total dependence upon, the powers of intellection to parse the universe into recognizable bits, properly digestible factoids. That is, if we undo Deleuze's aforementioned valorization of sense which, for his variation of materialism, performed the work of the transcendental, but refuse to reinstate Kant's transcendental disjunction between thing and appearance, then it must be a quality of becoming-as-being itself which can account for the discernible nature of things by sense. In an interview with Peter Gratton, Jane Bennett formulates the problem thusly: What is this strange systematicity proper to a world of Becoming? What, for example, initiates this congealing that will undo itself? Is it possible to identify phases within this formativity, plateaus of differentiation? If so, do the phases/plateaus follow a temporal sequence? Or, does the process of formation inside Becoming require us to theorize a non-chronological kind of time? I think that your student’s question: “How can we account for something like iterable structures in an assemblage theory?” is exactly the right question. Philosophy has erred too far on the side of the subject in the subject-object relation and has furthermore, lost the very weirdness of the non-human. Beyond this, the madness of thought need not override. /4/ - Ventriloquial Idealism or the Externality of Thought My aim is the opposite of Lovecraft's. He had an appreciation for natural scenery on earth and wanted to reach beyond the visible in the universe. I have no appreciation for natural scenery and want the objective universe to be a reflection of a character. Thomas Ligotti. “Devotees of Decay and Desolation.” Unless life is a dream, nothing makes sense. For as a reality, it is a rank failure [….] Horror is more real than we are. Thomas Ligotti. “Professor Nobody's Little Lectures on Supernatural Horror”. Thomas Ligotti's tales are rife with mannequins, puppets, and other brainless entities which of replace the valorized subject of philosophy – that of the free thinking human being. His tales such as “The Dream of the Manikin” aim to destroy the rootedness of consciousness. James Trafford has connected the anti-egoism of Ligotti to Thomas Metzinger – where the self is at best an illusion and we plead desperately for someone else to acknowledge that we are real. Trafford has stated it thus, “Life is played out as an inescapable puppet show, an endless dream in which the puppets are generally unaware that they are trapped within a mesmeric dance of whose mechanisms they know nothing and over which they have no control”. An absolute materialism, for Ligotti, implies an alienation of the idea which leads to a ventriloquil idealism. As Ligotti notes in an interview, “the fiasco and nightmare of existence, the particular fiasco and nightmare of human existence, the sense that people are puppets of powers they cannot comprehend, etc.” And then further elaborates that,“[a]ssuming that anything has to exist, my perfect world would be one in which everyone has experienced the annulment of his or her ego. That is, our consciousness of ourselves as unique individuals would entirely disappear”. The externality of the idea leads to the unfortunate consequence of consciousness eating at itself through horror which, for Ligotti, is more real than reality and goes beyond horror-as-affect. Beyond this, taking together with the unreality of life and the ventriloquizing of subjectivity, Ligotti's thought becomes an idealism in which thought itself is alien and ultimately horrifying. The role of human thought and the relation of non-relation of horror to thought is not completely clear in Ligotti's The Conspiracy Against the Human Race. Ligotti argues in his The Conspiracy Against the Human Race,that the advent of thought is a mistake of nature and that horror is being in the sense that horror results from knowing too much. Yet, at the same time, Ligotti seems to suggest that thought separates us from nature whereas, for Lovecraft, thought is far less privileged – mind is just another manifestation of the vital principal, it is just another materialization of energy. In his brilliant “Prospects for Post-Copernican Dogmatism” Iain Grant rallies against the negative definition of dogmatism and the transcendental, and suggests that negatively defining both over-focuses on conditions of access and subjectivism at the expense of the real or nature. With Schelling, who is Grant's champion against the subjectivist bastions of both Fichte and Kant, Ligotti's idealism could be taken as a transcendental realism following from an ontological realism. Yet the transcendental status of Ligotti's thought move towards a treatment of the transcendental which may threaten to leave beyond its realist ground. Ligotti states: Belief in the supernatural is only superstition. That said, a sense of the supernatural, as Conrad evidenced in Heart of Darkness, must be admitted if one's inclination is to go to the limits of horror. It is the sense of what should not be- the sense of being ravaged by the impossible. Phenomenally speaking, the super-natural may be regarded as the metaphysical counterpart of insanity, a transcendental correlative of a mind that has been driven mad. Again, Ligotti equates madness with thought, qualifying both as supernatural while remaining less emphatic about the metaphysical dimensions of horror. The question becomes one of how exactly the hallucinatory realm of the ideal relates to the black churning matter of Lovecraft's chaos of elementary particles. In his tale “I Have a Special Plan for This World” Ligotti formulates thus: A: There is no grand scheme of things. B: If there were a grand scheme of things, the fact – the fact – that we are not equipped to perceive it, either by natural or supernatural means, is a nightmarish obscenity. C: The very notion of a grand scheme of things is a nightmarish obscenity. Here Ligotti is not discounting metaphysics but implying that if it does exist the fact that we are phenomenologically ill-equipped to perceive that it is nightmarish. For Ligotti, nightmare and horror occur within the circuit of consciousness whereas for Lovecraft the relation between reality and mind is less productive on the side of mind. It is easier to ascertain how the Kantian philosophy is a defense against the diseases of the head as Kant armors his critical enterprise from too much of the world and too much of the mind. The weird fiction of both Lovecraft and Ligotti demonstrates that there is too much of both feeding into one another in a way that corrodes the Kantian schema throughly, breaking it down into a dead but still ontologically potentiated nigredo. The haunting, terrifying fact of Ligotti's idealism is that the transcendental motion which brought thought to matter, while throughly material and naturalized, brings with it the horror that thought cannot be undone without ending the material that bears it either locally or completely. Thought comes from an elsewhere and an elsewhen being-in-thought. The unthinkable outside thought is as maddening as the unthought engine of thought itself within thought which doesn't exist except for the mind, the rotting décor of the brain. /5/ - Hyperstitional Transcendental Paranoia or Self -Expelled Thought Weird fiction has been given some direct treatment in philosophy in the mad black Deleuzianism of Nick Land. Nick Land along with others in the 1990s created the Cyber Culture Research Unit as well as the research group Hyperstition. The now defunct hyperstitional website, an outgrowth of the Cyber Culture Research Unit, defined hyperstition in the following fourfold: 1-Element of effective culture that makes itself real. 2-Fictional quantity functional as a time-traveling device. 3-Coincidence intensifier. 4-Call to the Old Ones. The distinctively Lovecraftian character of hyperstition is hard to miss as is its Deleuzo-Guattarian roots. In the opening pages of A Thousand Plateaus Deleuze and Guattari write, “We have been criticized for over-quoting literary authors. But when one writes, the only question is which other machine the literary machine can be plugged into”. The indisinction of literature and philosophy mirrors the mess of being and knowing as post-correlationist philosophy, where philosophy tries to make itself real where literature, especially the weird, aims itself at the brain-circuit of horror. The texts of both Lovecraft and Ligotti work through horror as epistemological plasticity meeting with proximity as well as the deep time of Lovecraft and the glacially slow time of paranoia in Ligotti. Against Deleuze, and following Brassier, we cannot allow the time of consciousness, the Bergsonian time of the duree, to override natural time, but instead acknowledge that it is an unfortunate fact of existence as a thinking being. Horror-time, the time of consciousness, with all its punctuated moments and drawn out terrors, cannot compare to the deep time of non-existence both in the unreachable past and the unknown future. The crystalline cogs of Kant's account of experience as the leading light for the possibility of metaphysics must be throughly obliterated. His gloss of experience in Prolegomena to any Future Metaphysics could not be more sterile: Experience consists of intuitions, which belong to the sensibility, and of judgments, which are entirely a work of the understanding. But the judgments which the understanding makes entirely out of sensuous intuitions are far from being judgments of experience. For in the one case the judgment connects only the perceptions as they are given in sensuous intuition [....] Experience consists in the synthetic connection of appearances in consciousness, so far as this connection is necessary. Here it is difficult to dismiss the queasiness that Kant's legalism induces upon sight for both Badiou and David-Menard. Kant's thought becomes, as Foucault says when reflecting on Sade's text in relation to nature, “the savage abolition of itself”. For Badiou, Kant's philosophy simply closes off too much of the outside, freezing the world of thought in an all too limited formalism. Critical philosophy is simply the systematized quarantine on future thinking, on thinking which would threaten the formalism which artificially grants thought its own coherency in the face of madness. Even the becoming-mad of Deleuze, while escaping the rumbling ground, makes grounds for itself, mad grounds but grounds which are thinkable in their affect. The field of effects allows for Deleuze's aesthetic and radical empiricism, in which effects and/or occasions make up the material of the world to be thought as a chaosmosis of simulacra. Given a critique of an empiricism of aesthetics, of the image, it may be difficult to justify an attack on Kantian formalism with the madness of literature, which does not aim to make itself real but which we may attempt to make real. That is, how do Lovecraft's and Ligotti's materials, as materials for philosophy to work on, differ from either the operative formalisms of Kant or the implicitly formalized images of Deleuzian empiricism? It is simply that such texts do not aim to make themselves real, and make claims to the real which are more alien to us than familiar, which is why their horror is immediately more trustworthy. This is the madness which Blanchot discusses in The Infinite Conversation through Cervantes and his knight – the madness of book-life, of the perverse unity of literature and life a discussion which culminates in the discussion of one of the weird's masters, that of Kafka. The text is the knowing of madness, since madness, in its moment of becoming-more-mad, cannot be frozen in place but by the solidifications of externalizing production. This is why Foucault ends his famous study with works of art. Furthermore extilligence, the ability to export the products of our maligned brains, is the companion of the attempts to export, or discover the possibility of intelligences outside of our heads, in order for philosophy to survive the solar catastrophe. To borrow again from Deleuze, writing is inseparable from becoming. The mistake is to believe that madness is reabsorbed by extilligence, by great works, or that it could be exorcised by the expelling of thought into the inorganic or differently organic. Going out of our heads does not guarantee we will no longer mean we cannot still go out of our minds. This is simply because of the outside, of matter, or force, or energy, or thing-in-itself, or Schopenhauerian Will. In Lovecraft’s “The Music of Erich Zahn” an “impoverished student of metaphysics” becomes intrigued by strange viol music coming from above his room. After meeting the musician the student discovers that each night he plays frantic music at a window in order to keep some horridness at bay, some “impenetrable darkness with chaos and pandemonium”. The aesthetic defenses provided by the well trained brain can bear the hex of matter for so long, the specter of unalterability within it which too many minds obliterate, collapsing everything before the thought of thought as thinkable or at least noetically mutable on our own terms. Transcendental paranoia is the concurrent nightmare and promise of Paul Humphrey's work, of being literally out of our minds. It is the gothic counterpart of thinking non-conceptually but also of thinking never belonging to any instance of purportedly solid being. As Bataille stated, “At the boundary of that which escapes cohesion, he who reflects within cohesion realizes there is no longer any room for him” Thought is immaterial only to the degree that it is inhuman, it is a power that tries, always with failure, to ascertain its own genesis. Philosophy, if it can truly return to the great outdoors, if it can leave behind the dead loop of the human skull, must recognize not only the non-priority of human thought, but that thought never belongs to the brain that thinks it, thought comes from somewhere else. To return to the train image from the beginning “a locomotive rolling on the surface of the earth is the image of continuous metamorphosis” this is the problem of thought, and of thinking thought, of being no longer able to isolate thought, with only a thought-formed structure. [1] One of the central tenets of Francois Laruelle's non-philosophy is that philosophy has traditionally operated on material already presupposed as thinkable instead of trying to think the real in itself. Philosophy, according to Laruelle, remains fixated on transcendental synthesis which shatters immanence into an empirical datum and an a prori factum which are then fused by a third thing such as the ego. For a critical account of Laruelle's non-philosophy see Ray Brassier's Nihil Unbound. (shrink)

Inspired in part by a renewed attention to Aristotle's moral philosophy, philosophers have acknowledged the important role of the emotions in morality. Nonetheless, precisely how emotions matter to morality has remained contentious. Aristotelians claim that moral virtue is constituted by correct action and correct emotion. But Kantians seem to require solely that agents do morally correct actions out of respect for the moral law. There is a crucial philosophical disagreement between the Aristotelian and Kantian moral outlooks: (...) namely, is feeling the correct emotions necessary to virtue or is it an optional extra, which is permitted but not required. I argue that there are good reasons for siding with the Aristotelians: virtuous agents must experience the emotions appropriate to their situations. Moral virtue requires a change of heart. (shrink)

Autonomous and automatic weapons would be fire and forget: you activate them, and they decide who, when and how to kill; or they kill at a later time a target you’ve selected earlier. Some argue that this sort of killing is always wrong. If killing is to be done, it should be done only under direct human control. (E.g., Mary Ellen O’Connell, Peter Asaro, Christof Heyns.) I argue that there are surprisingly many kinds of situation where this is false and (...) where the use of Automated Weapons Systems would in fact be morally required. These include cases where a) once one has activated a weapon expected then to behave lethally, it would be appropriate to let it continue because this is part of a plan whose goodness one was best positioned to evaluate before activating the weapon; b) one expects better long-term consequences from allowing it to continue; c) allowing it to continue would express a decision you made to be resolute, a decision that could not have advantaged you had it not been true that you would carry through with it; d) the weapon is mechanically not recallable, so that, to not allow it to carry through, you would have had to refrain from activating it in the first place, something you expected would have disastrous consequences; e) you must deputize necessary killings to autonomous machines in order to protect yourself from guilt you shouldn’t have to bear; f) it would be morally better for the burden of responsibility for the killing to be shared among several agents, and the agents deputizing killing to machines can do this, especially where it’s not predictable which machine will be successful; g) a killing would be morally better done with elements of randomness and lack of deliberation, and a (relatively stupid) machine could do this where a person could not; h) the machine would be acting as a Doomsday Device, so that it could not have had its hoped for deterrent effect had you not ensured that you would be unable to recall it if enemy action activated it; i) letting it carry through is a necessary part of its own learning process, and you expect that this learning will have salutary effects later on; j) human intervention in the machine’s operation would disastrously impair its precision, or its speed and efficiency; k) using non-automated methods would require human resources you just don’t have in a task that nevertheless must be done (e.g., using land-mines to protect remote installations); l) the weapon has such horrible and indiscriminate power that it is doubtful whether it could be actually used in ways compatible with International Humanitarian Law and the Laws of War, which require that weapons be used only in ways respecting distinctness, necessity and proportionality, but its threat of use could respect these principles in affording deterrence provided human error cannot lead to their accidental deployment, this requiring that they be controlled by carefully designed autonomous and automatic systems. I then consider objections based on conceptions of human dignity and find that very often dignity too is best served by autonomous machine killing. Examples include saving your village by activating a robot to kill invading enemies who would inflict great indignity on your village, using a suicide robot to save yourself from a less dignified death at enemy hands, using a robotic drone to kill someone otherwise not accessible in order to restore dignity to someone this person killed and to his family, and using a robot to kill someone who needs killing, but the killing of whom by a human executioner would soil the executioner’s dignity. I conclude that what matters in rightful killing isn’t necessarily that it be under the direct control of a human, but that it be under the control of morality; and that could sometimes require use of an autonomous or automated device. (This paper was formerly called "Fire and Forget: A Defense of the Use of Autonomous Weapons in War" on Philpapers; the current title is the title of the published version.). (shrink)

This paper attempts to shed light on the dynamics of criminal adjudication. It starts by exploring some significant—and often ignored—similarities and dissimilarities between the practices and disciplines of, respectively, legal reasoning and fact finding. It then discusses the problem of defining the nature of these processes—legal reasoning, in particular—in terms of their being instances of practical or theoretical reasoning. Thus understood, the problem is shown to be distinct from two traditional questions of jurisprudence, namely whether law consists of facts (...) and, if so, whether these facts are social or moral. Two theses are proposed as solutions to the problem: 'in the majority of cases legal reasoning is theoretical', and 'when legal reasoning is practical it generally involves complex theoretical operations'. Finally, the paper shows how T1 and T2 can make sense of the phenomena presented at the outset. (shrink)

To perfect human beings with an innate propensity for radical evil is a formidable task. Kant explicitly says that the propensity for evil is not eradicable; it is rooted in human nature, specifically in the human power of choice-making. The task is to reorient the natural order of choice-making, to the moral order that takes the moral law as its supreme principle. I explicate the role of a specific capacity of the human subjective side of judging in this (...) process; namely, of ‘mind’ in its sense as Gemüt. While human willing and choice-making are subject to the influence of sensuousness, Gemüt is a capacity of sensibility that allows the human subject to enjoy the feeling of being pleased in the fulfillment of duty. Its four specific aesthetic preliminary concepts of responsiveness to concepts of duty – moral feeling, conscience, love of humanity, and respect for ones... (shrink)