비난에 대한 관계이론은 위선인이 비난할 수 있는 지위를 상실하게 되는 과정을 주로 근거 상실 테스트의 관점에서 설명한다. 월리스는 이 테스트는 개인적 관계에서는 충분히 작동 가능하지만 도덕적 관계에서는 그리할 수 없다는 비판을 제기한다. 필자는 이런 비판에 대한 그의 논거가 빈약함을 보인다. 월리스가 제기하는 또 다른 비판은 관계이론이 이른바 위선 테스트를 무시하고 있다는 것이다. 그는 위선적 비난인은 자신이 비난하고자 하는 행위자의 도덕적 잘못을 스스로 범하지는 않았는지를 고려해보는 비판적 자기검열에 실패했기 때문에 그 지위를 상실하게 된다고 주장한다. 이런 주장은 비난을 전형적인 도덕적 가치에 대한 (...) 반응으로 한정시키는 월리스의 고유한 입장에 근거를 두고 있는데, 필자는 그 입장의 한계를 지적한 후 수정된 위선 테스트를 제안한다. 그리고 이 위선 테스트가 관계이론 안에서 근거 상실 테스트와 조화롭게 작동할 수 있음을 보인다. (shrink)

ABSTRACTPeople have procedural rights because states are under a duty of political morality to provide them with fair procedures for settling disputes about the application of the laws. This obligation flows from the state's duty to treat each person as a free and equal member of the legal order. Yet adherence to procedural rights can impede accuracy in fact-finding, which in turn can result in poor protection for substantive rights. So the state also has a duty to provide a (...) reasonable degree of accuracy in fact-finding. The legal order should therefore strive to improve the accuracy of fact-finding, within the constraints imposed by procedural rights people have. Nevertheless, the duty to provide reasonably accurate procedures is subordinate to the duty to provide procedural rights because the settlement of disputes among free persons must be conducted in a manner that respects their status as free persons. (shrink)

It seems that we are not willing to give up the intuitions that works of fiction are free from the constraints of historical truth and historical inaccuracies sometimes count against the artistic value of works of fiction. Christopher Bartel calls this the puzzle of historical criticism. I argue that this puzzle extends beyond historical facts. While it is especially salient that historical accuracy at times appears relevant to the evaluation of fictional works, such relevance appears to be a feature (...) of facts in general. I then propose a partial strategy for resolving the puzzle. (shrink)

It is argued here that there is no fact of the matter between direct reference theory and neo-Fregeanism. To get a more precise idea of the central thesis of this paper, consider the following two claims: (i) While direct reference theory and neo-Fregeanism can be developed in numerous ways, they can be developed in essentially parallel ways; that is, for any (plausible) way of developing direct reference theory, there is an essentially parallel way of developing neo-Fregeanism, and vice versa. And (...) (ii) for each such pair of theories, there is no fact of the matter as to which of them is superior; or more precisely, they are tied in terms of factual accuracy. These are sweeping claims that cannot be fully justified in a single paper. But arguments are given here that motivate these theses, i.e., that suggest that they are very likely true. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Alan Collett LITERATURE, CRITICISM, AND FACTUAL REPORTING Novels frequently deal with real events. How is it that some theorists have been able to argue that, regarded as literature, such novels are always fictional? The answer is that it is usually possible to show that a work which we are prepared to call "literary" creates an imaginary world possessing its own properties. Itcan then be maintained that this imaginary (...) world constitutes the aesthetic object of the work and that only those properties internal to it are relevant to aesthetic judgment. It then follows that the meaning ofthe literary work is this imaginary world and that criticism is properly concerned with its elucidation. Or, to say the same thing in a different idiom: we should distinguish in the things said by critics between those sorts of remarks which help to establish a text's meaning solely by reference to internal features of the text and those sorts of remarks which, if they are aimed at establishing meaning, do so by reference to external evidence. In the case of novels dealing with real events, those sentences which describe particular events, situations, characters, and places (reports)1 play a role in the creation of the imaginary world of the work. The real events described will, of course, often be known to the reader, and indeed the effectiveness of a work may depend to a large extent upon the fact that it deals with known historical events. But in order to avoid treating such texts as factual works rather than as works of literature we should, the theory goes, stress plausibility and coherence above truth to the world. Aristode's rule that "a convincing impossibility is preferable to an unconvincing possibility" sums up the way in which critical assessment can guard against confusing literary 282 Alan Collett283 works with informative works. Literary criticism concerns itselfwith the plausibility and coherence of accounts of real events at the expense of their truth. A literary artist will, therefore, be judged to be better the more his descriptions seem true in contrast with the historian whose descriptions must actually be true. The literary artist, on this traditional view, endows the events he describes with meaning. When those events are real events their meaning will be intelligible to the extent to which they reflect a convincingly possible reality. The accurate reporting of real events is perfecdy permissible always provided the events chosen make an artistic point by functioning in the narrative in a way which is probable or convincing. Accuracy, as such, is never a criterion of literary worth. The fictionality of literary works dealing with real events, then, is connected with the skill the author exhibits in usingthe events he chooses to describe in such a way that a meaningful imaginary world is created. This fictional world will mirror the real world via its internal coherence which excludes the contingendy true in order to make a plausible artistic whole, and one function of literary criticism proper is the fixing of the correct interpretation of the meaning of this fictional world. A recent reformulation ofthis traditional view, offered by S. H. Olsen in TL· Structure ofLiterary Understanding? contains some suggestions as to how it is possible to interpret literary practice so that report sentences can be understood to function other than as the bearers of truth. On this view, a literary work, as a peculiar kind of utterance, cannot be interpreted without reference to some context. And although a literary work may be pardy distinguished by its textual or structural features, the mere possession of such features is not in itself sufficient to make a text a literary work. Textual or structural features, Olsen argues, will serve an aesthetic function only when the decision is already taken that the text to which they belong is a literary work. Since the function of sentences cannot be determined simply on the basis of their linguistic features, they will need to be interpreted in order to be correctly understood. Interpretation will involve making assumptions about the purpose of the utterances in question and the assumed purpose will then determine how their linguistic and structural features are to be understood. Thus, in one of... (shrink)

Historical study has traditionally been built around the placement of the human at the center of inquiry. The de-stabilized concepts of the human in contemporary thought challenge this configuration. However, the ways in which these challenges provoke new historical perspectives both expand and enrich historical study but are also weak and vulnerable in their concept of the human, lacking or omitting something valuable in our self-understanding. A Personalist Philosophy of History argues for a robust concept of personhood in our experience (...) of the past as a way to resolve this conflict. -/- Focused on those who know history, rather than on the abstract properties of knowledge, it extends the moral agency of persons into non-human, trans-human, and deep history domains. It describes an approach to moral life through historical experience and study, rather than through abstractions. And it describes a kind of historiography that matches factual accuracy to both the constructed nature of understanding and to unavoidable moral purpose. -/- Table of Contents: Introduction Chapter 1. Receiving the Past Chapter 2. Moral Agency Personalism Chapter 3. Shaping Up Time Chapter 4. The Long Experience of Moral Obligation Chapter 5. From Moral Force Ethics to Personalist Philosophy of History . (shrink)

Decision-makers in institutional and non-institutional contexts are sometimes confronted with the issue of whether to use generalisations expressing the statistical incidence of a negative trait in a disadvantaged and discriminated-against social group in order to draw an inference concerning a member of that group. If a criminal court were confronted with such a question, what answer should it give? First, the article argues that, our qualms notwithstanding, morality does not demand that these generalisations be disregarded. In doing so, the article (...) addresses the relationship between factual accuracy and the demands of morality in criminal trials. Second, the article considers the implications of this conclusion for the legal question as to whether the evidence at issue should be excluded, in particular, on grounds of unfairness — pursuant to section 78 of the Police and Criminal Evidence Act 1984. (shrink)

We wholeheartedly agree with Schmidt and colleagues’ efforts to promote equity in intensive care unit triage. We also take issue with their characterisation of the New Jersey allocation framework for ICU beds and ventilators, which is modelled after the multi-principle allocation framework we developed early in the pandemic. They characterise it as a two-criterion allocation framework and claim—without evidence—that it will ‘compound disadvantage for black patients’. However, the NJ triage framework—like the model allocation policy we developed—actually contains four allocation criteria: (...) the two criteria that the authors mentioned and two criteria that they failed to mention which we included to promote equity: giving priority to frontline essential workers and giving priority to younger patients. These omissions are problematic both for reasons of factual accuracy and because the two criteria they failed to acknowledge would likely mitigate rather than exacerbate racial disparities during triage. (shrink)

In the current media landscape, it is becoming increasingly difficult for citizens to rely on trustworthy information, not least because reliable facts are mixed with dubious claims, unsubstantiated opinions, or outright lies. The ability to distinguish factual from other types of mediated information is becoming increasingly crucial, but we know little about how well-equipped citizens are to make these distinctions. In an original survey study conducted in ten European countries, we asked respondents whether they considered six different statements relating (...) to the European Union to be factual or opinion statements. Our results show that citizens have considerable difficulties in correctly identifying both factual information and opinions. Next to pre-existing judgements, we identify media-related, political, and sociodemographic factors that influence categorisation accuracy. We discuss our findings in relation to citizens’ perceptions of journalistic credibility and their information literacy as well as ongoing debates about the effectiveness of fact-checkers on social media. (shrink)

Religious beliefs are often criticized as lacking the rational justification we expect of factual knowledge claims. In this article I suggest that while religious believers do often claim ‘knowledge’ of the ‘truth’ they typically use these words in traditional, and indeed still current, senses that are quite different from the senses assumed both by their atheist critics and by standard theories of knowledge. The claims are not primarily claims of factual accuracy, subject to the norms of what (...) philosophers call theoretical reasoning, but claims of acquaintance with what can be trusted in the making of practical judgements, and subject to the rather different norms of practical reasoning. This does not exempt them from rational critique, but it does call for a different kind of critique from that usually offered. (shrink)

Recent approaches to studying argumentation in institutions have pointed out the role of institutional rules in constraining argumentation that takes place in institutional contexts. However, few studies explain how these rules concretely affect actual argumentation. In particular, little work has been done as to the consequences of interactional asymmetry which often exists between participants in institutional contexts. While previous studies have suggested that this asymmetry exists as an aberration in the deliberative process, this paper argues that asymmetry is built into (...) day-to-day institutional practices as a means of achieving institutional agendas. This article draws upon findings from workplace and discourse studies to explicate particular dimensions of asymmetry that commonly occur within institutional settings, and establishes a methodological framework to account for how this asymmetry can be operationalized for arguments that favor institutional interests regardless of the underlying strength of the arguments being made. Drawing on a controversial case of institutional argumentation during a hearing of the US House Committee on Un-American Activities in the mid-1950s, this article demonstrates how in using these advantages, HUAC is able to overcome legitimate witness counterarguments to its claims and achieve its institutional goals for the hearing. Though the testimony is admittedly 60-years old, HUAC is a useful case study: the asymmetry in the exchange is clear and we have a historical record to verify the factual accuracy of the claims being made. Additionally, we can see how the subsequent legal reforms that reduced conditions of asymmetry for witnesses were responsible for HUAC’s eventual demise as an institutional force. Though this paper analyzes one particular interaction, these findings are applicable to analysis of argumentation in many institutional settings. (shrink)

Factual information plays a vital role in public awareness of environmental problems, and in governmental interventions that this awareness provokes. There is a growing need for new information to define and explore these problems, and to allow consequent political decision-making. This article examines the policy process, making a distinction between knowing and deciding. It will become clear that information and policy, both of which arise when a minimal level of problem-consciousness is reached, are the two important prime movers toward (...) a better understanding and acceptance of environmental problems. Attention is given to information management as a prerequisite of communication management to influence attitudes and behavior, and to the role of communication in a total intervention-mix. (shrink)

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

Research FocusThe promotion of domain-specific knowledge is a central goal of higher education and, in the field of medicine, it is particularly essential to promote global health. Domain-specific knowledge on its own is not exhaustive; confidence regarding the factual truth of this knowledge content is also required. An increase in both knowledge and confidence is considered a necessary prerequisite for making professional decisions in the clinical context. Especially the knowledge of human physiology is fundamental and simultaneously critical to (...) medical decision-making. However, numerous studies have shown difficulties in understanding and misconceptions in this area of knowledge. Therefore, we investigate how preclinical medical students acquire knowledge in physiology over the course of their studies and simultaneously gain confidence in the correctness of this knowledge as well as the interrelations between these variables, and how they affect the development of domain-specific knowledge.MethodIn a pre–post study, 169 medical students’ development of physiology knowledge and their confidence related to this knowledge were assessed via paper-pencil questionnaires before and after attending physiology seminars for one semester. Data from a longitudinal sample of n = 97 students were analyzed using mean comparisons, regression analyses, and latent class analyses. In addition, four types of item responses were formed based on confidence and correctness in the knowledge test.ResultsWe found a significant and large increase in the students’ physiology knowledge, with task-related confidence being the strongest predictor. Moreover, a significantly higher level of confidence at t2 was confirmed, with the level of prior confidence being a strong predictor. Furthermore, based on the students’ development of knowledge and confidence levels between measurement points, three empirically distinct groups were distinguished: knowledge gainers, confidence gainers, and overall gainers. The students whose confidence in incorrect knowledge increased constituted one particularly striking group. Therefore, the training of both knowledge and the ability to critically reflect on one’s knowledge and skills as well as an assessment of their development in education is required, especially in professions such as medicine, where knowledge-based decisions made with confidence are of vital importance. (shrink)

The article explores how platforms like Google and ChatGPT, which claim omniscience and wisdom-like attributes, prompt philosophical questions. It revisits religious perspectives on omniscience and their influence on the pursuit of wisdom. The article suggests that while Google may offer compartmentalized omniscience based on user preferences, ChatGPT’s factual accuracy challenges its characterization as omniscient. Nonetheless, ChatGPT can still help humans progress toward wisdom, by integrating the co-creation of knowledge between humans and the unfolding of divine knowledge from Process (...) Thought and Buddhist epistemology insights. Notably, instead of offering definitive answers, the paper is written with a sense of deep humility to encourage ongoing inquiry and investigation. (shrink)

The article explores how platforms like Google and ChatGPT, which claim omniscience and wisdom-like attributes, prompt philosophical questions. It revisits religious perspectives on omniscience and their influence on the pursuit of wisdom. The article suggests that while Google may offer compartmentalized omniscience based on user preferences, ChatGPT’s factual accuracy challenges its characterization as omniscient. Nonetheless, ChatGPT can still help humans progress toward wisdom, by integrating the co-creation of knowledge between humans and the unfolding of divine knowledge from Process (...) Thought and Buddhist epistemology insights. Notably, instead of offering definitive answers, the paper is written with a sense of deep humility to encourage ongoing inquiry and investigation. (shrink)

Since the start of the new millennium, many contemporary jurisdictions have been revisiting the fundamental principles of their civil procedures. Even the core areas of the civil process are not left untouched, including the way in which evidence is introduced, collected and presented in court. One generator of the reforms in the field of evidence-taking in recent decades has been slow and inefficient litigation. Both in Europe and globally, reaching a balance between the demands of factual accuracy and (...) the need to adjudicate disputes in a swift, cost-effective and efficient way is still one of the key challenges. The second reason that many countries are reforming their law of evidence is related to cultural and technological changes in modern societies. As the balance between, on the one side, traditional human rights such as the right to privacy and due process is shifting towards, on the other side, the modern need for security, efficiency and quick access to justice, the perception of what is admissible or not in the context of evidence-taking is changing as well."--Back cover. (shrink)

Recent advances in natural language generation (NLG), such as public accessibility to ChatGPT, have sparked polarised debates about the societal impact of this technology. Popular discourse tends towards either overoptimistic hype that touts the radically transformative potentials of these systems or pessimistic critique of their technical limitations and general ‘stupidity’. Surprisingly, these debates have largely overlooked the exegetical capacities of these systems, which for many users seem to be producing meaningful texts. In this paper, we take an interdisciplinary approach that (...) combines hermeneutics—the study of meaning and interpretation—with prompt engineering—task descriptions embedded in input to NLG systems—to study the extent to which a specific NLG system, ChatGPT, produces texts of hermeneutic value. We design prompts with the goal of optimising hermeneuticity rather than mere factual accuracy, and apply them in four different use cases combining humans and ChatGPT as readers and writers. In most cases, ChatGPT produces readable texts that respond clearly to our requests. However, increasing the specificity of prompts’ task descriptions leads to texts with intensified neutrality, indicating that ChatGPT’s optimisation for factual accuracy may actually be detrimental to the hermeneuticity of its output. (shrink)

When Werner Herzog states, in his famous Minnesota Declaration, “[fa]cts create norms, and truth illumination”, he not only opposes his own idea of truth as spiritual experience to the notion of factual truth based on a seemingly unmediated representation of reality and purely rational principles. He also points to a societal problem inherent to such hegemonic attributions of veracity as advocated by the representatives of what he calls “Cinema Vérité”: their “truth of accountants” generates a normative perception and understanding (...) of reality. Instead of producing peculiar images that trigger the imagination, they (re)produce benchmarks, fixed values and stereotypes. Thus, they are perfectly in line with the ideology of the “administered society” (Horkheimer and Adorno, e.g. in Dialectic of Enlightenment). Based on the identity principle, this society produces standardized, consumer-friendly forms precluding the individuals from making their own, singular experiences. Films that rely purely on facts instead of seeking for “deeper strata of truth” are thus, for Herzog, not only boring, but also instruments of domination in the service of the status quo. However, Herzog neither avoids the administered society in order to search for an archaic truth beyond or underneath it, nor does he address political issues frontally in the films analyzed in this article. Critique of society rather transpires through particular configurations, notably in moments of confrontation between the “normal” society and the marginalized, “useless”, or otherwise rejected characters (as Kaspar Hauser’s encounter with representatives of the “good society, Strozeck’s misfortune, Woyzeck’s condition as the guinea pig for the sake of scientific progress, or the extravagant setting depicted in Even Dwarfs Started Small). Rather than focusing on the problematic situation of exclusion as such, Herzog emphasizes the very singularity of his protagonists in a dialectical tension with their environment, thus providing an access to the poetic truth which springs out of their individual ways of experiencing as opposed to the normative reality-principle. This is also true for many of Herzog’s documentaries: for example, Walter Steiner’s deep pleasure in ski-flying and the strange beauty of the slow-motion pictures showing him in the air highly contrast with the public pushing him to take dangerous risks and the bloody images presented in the media (The Great Ecstasy of the Woodcarver Steiner). By juxtaposing Steiner’s sensory experience and its singularized image with the societal logic of competition and its stereotyped representation, Herzog discloses the heterogeneous layers of a material truth that escapes factual accuracy. This article aims to approach Herzog’s notion of ecstatic truth by unfolding the dialectical tension between sensory, perceptual and spiritual experiences on the one hand, and the administrated society on the other. -/- . (shrink)

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its proper (...) setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

Dr Brandwood's book presents a factual and critical account of the more important of the various attempts that have been made to establish the order of composition of Plato's dialogues by analysing his diction and prose style. Plato's literary activity covered fifty years and there is almost no direct evidence, either external or internal, to help in establishing the relative order of his writings. Until the middle of the nineteenth century people were dependent on personal interpretation of the probable (...) line of development of Plato's thought and doctrines, but then a less subjective method was discovered, which relied instead on the observation of changes in Plato's prose style. Dr Brandwood examines the investigations of each scholar individually, checking the correctness of the methodology and the accuracy of the statistics, before arriving at fairly definite conclusions of his own, at least as far as the works of Plato's middle and old age are concerned. (shrink)

The central questions raised by Allan Bloom's The Closing of theAmerican Mind are often overlooked. Among the most important ofBloom's themes is the impact of nihilism upon education. Bloom condemnsnihilism. Interestingly, we find among his critics two alternativejudgments. Richard Schacht, citing Nietzsche, asserts that nihilism,while fruitless in and of itself, is a necessary prerequisite tosomething higher. Harry Neumann, affirming the accuracy of nihilism,declares that both Bloom and Nietzsche reject nihilism out of ignoranceborn of weakness. All three philosophers understand (...) that the purpose ofeducation emerges from one's position on nihilism. If nihilism is true,then it is senseless and cowardly to teach one's students that there aregrounds for moral judgments. On the other hand, if one believes thatthere is an objective higher and lower in moral matters, then one cannotat the same time consistently endorse nihilism or the atheism upon whichit rests. There is reason to believe that a consistent nihilism isimpossible and hence that the concept is bankrupt. But then something istrue, and there are grounds for moral judgment. Education must respondaccordingly. But even Bloom with his emphasis on the Great Books fallsshort of what is required. An education which aims to defeat nihilismmust, at the very least, hold out the promise that through thecultivation of reason one may indeed arrive at the truth. (shrink)

"Faction" is a hybrid genre, aiming at the factual accuracy of journalism on the one hand and the literary form of the novel on the other. There is a fundamental tension however between those two aims, given the constraints which factual accuracy places on characterization, plot, and thematic exploration characteristic of the novel. Further, faction cannot be defended on the grounds that factual accuracy is a literary value in faction. Finally, some aspects of faction, (...) such as its inability to refer to sources or provide an analytic framework for a narrative, hinder rather than facilitate the communication of facts. (shrink)

Comparisons of rival explanations or theories often involve vague appeals to explanatory power. In this paper, we dissect this metaphor by distinguishing between different dimensions of the goodness of an explanation: non-sensitivity, cognitive salience, precision, factual accuracy and degree of integration. These dimensions are partially independent and often come into conflict. Our main contribution is to go beyond simple stipulation or description by explicating why these factors are taken to be explanatory virtues. We accomplish this by using the (...) contrastive-counterfactual approach to explanation and the view of understanding as an inferential ability. By combining these perspectives, we show how the explanatory power of an explanation in a given dimension can be assessed by showing the range of answers it provides to what-if-things-had-been-different questions and the theoretical and pragmatic importance of these questions. Our account also explains intuitions linking explanation to unification or to exhibition of a mechanism. (shrink)

The rapidly evolving space tourism industry faces significant challenges in building consumer trust and balancing emotional appeal with factual accuracy—both essential for reducing uncertainty and fostering long-term public engagement in this high-risk sector. This study examines the key factors shaping individuals’ intentions to participate in space tourism, with a focus on their perceived trustworthiness, usefulness, and immersiveness of information on social media. Applying Mindsponge Theory, we explore the interplay between trust evaluation and subjective cost-benefit judegement of individuals in (...) high-risk tourism context. The findings reveal that while trustworthiness positively influences participation intention, its role diminishes when usefulness and immersiveness are particularly strong. This suggests that space tourists, who are naturally inclined toward risk-taking, prioritize experiential rewards—such as novelty, prestige, and emotional engagement—over concerns about information reliability. These insights offer practical implications for marketing in high-risk industries, highlighting the importance of immersive storytelling, exclusivity, and transformative experiences over conventional trust-building measures. Future research should investigate how personal risk tolerance, prior experience, and cognitive biases shape thought processes, decision-making, and behaviors in extreme tourism contexts. (shrink)

The Dutch pig husbandry has become a topic of public debate. One underlying cause is that pig farmers and urban-citizens have different perspectives and underlying norms, values and truths on pig husbandry and animal welfare. One way of dealing with such conflicts involves a learning process in which a shared vision is developed. A prerequisite for this process is that both parties become aware of their own fixed patterns of thoughts, actions, and blind spots. Therefore, we conducted five homogeneous (...) focus groups consisting of either urban-citizens or pig farmers. The first part of the sessions aimed to make the participants aware of their own perspectives and underlying norms and values concerning animal welfare, farm practices or consumer behavior. Then, by the use of role-play and film fragments showing the perspectives of the other party, we aimed to stimulate frame reflection. The farmers maintained their own perspective and defended their practices. They denied the perspective of the urban-citizens by portraying them as ignorant of the “factual” farm practices. They proposed the use of one-way information, but our results indicate that this is likely to fail as a strategy to support or restore public acceptance. Our case shows hardy any consensus regarding the relevance of the facts at stake and a very limited amount of shared values. However, the shared love for animals together with the recognition by the urban-citizens of the inescapable dilemma for farmers to adopt a use-framing towards animals might provide an opening for further learning strategies. (shrink)

Scientific progress has many facets and can be conceptualized in different ways, for example in terms of problem-solving, of truthlikeness or of growth of knowledge. The main claim of the paper is that the most important prerequisite of scientific progress is the institutionalization of competition and criticism. An institutional framework appropriately channeling competition and criticism is the crucial factor determining the direction and rate of scientific progress, independently on how one might wish to conceptualize scientific progress itself. The main (...) intention is to narrow the divide between traditional philosophy of science and the sociological, economic and political outlook at science that emphasizes the private interests motivating scientists and the subsequent contingent nature of the enterprise. The aim is to show that although science is a social enterprise taking place in historical time and thus is of a contingent nature, it can and in fact does lead to genuine scientific progress - contrary to the claims of certain sociologists of science and other relativists who standardly stress its social nature, but deny its progressive character. I will first deal with the factual issue by way of introducing the main concepts and mechanisms of modern institutional theory and by applying them to the analysis of the cultural phenomenon that we call modern science. I will then turn to the normative issue: what is the appropriate content of the institutional framework, for scientific progress to emerge and be sustained at which level should it be set and by whom? Addressing this problematic is equivalent to conducting a constitutional debate leading to a Constitution of Science. (shrink)

BackgroundClustered Regularly Interspaced Short Palindromic Repeats-associated technology may allow for efficient and highly targeted gene editing in single-cell embryos. This possibility brings human germline editing into the focus of ethical and legal debates again.Main bodyAgainst this background, we explore essential ethical and legal questions of interventions into the human germline by means of CRISPR-Cas: How should issues of risk and uncertainty be handled? What responsibilities arise regarding future generations? Under which conditions can germline editing measures be therapeutically legitimized? For this (...) purpose, we refer to a scenario anticipating potential further development in CRISPR-Cas technology implying improved accuracy and exclusion of germline transmission to future generations. We show that, if certain concepts regarding germline editing are clarified, under such conditions a categorical prohibition of one-generation germline editing of single-cell embryos appears not to be ethically or legally justifiable.ConclusionThese findings are important prerequisites for the international debate on the ethical and legal justification of germline interventions in the human embryo as well as for the harmonization of international legal standards. (shrink)

The responsibility of the subjects is the most important basis of the social life. Recurrences of irresponsible behaviour on the all levels of the modern society do the problem of the purposeful cultivation of the liberty and the morality to be more actual nowadays. The liberty and the morality realized by any personality become the prerequisites of the responsibility that are so necessary for the society. Became the true reality the responsibility provides the sustainable reproduction of all system of feelings, (...) convictions and actions and raises the liberty to the higher and more deliberate stage. Responding to the changes of the time the philosophy has to be urged to clarify the idea of the closing of the social anthropology, aksiologiya and ethics. (shrink)

We wish to give a precise formulation of the intuitive concept: The degree to which the known facts support a given hypothesis.

The current study investigated the production of third-person subject and object pronouns in monolingual and bilingual children with High Functioning Autism (HFA) and typical language development (TLD). Furthermore, it evaluated the underlying linguistic and non-linguistic prerequisites of pronoun use, by assessing the role of morpho-syntactic skills, Theory of Mind (ToM) abilities, working memory and inhibition on pronoun use. A total of 85 children aged 4 to 9 years participated in four groups: 27 children with HFA [14 monolingual (monoHFA) and 13 (...) bilingual (biHFA)], and 58 children with TLD [28 monolingual (monoTLD) and 30 bilingual (biTLD)]. All children spoke Hebrew and the bilingual children spoke Russian as their Heritage Language. Third-person subject and object pronouns were elicited in Hebrew. The results yielded no effect of bilingualism, and a robust effect of HFA on the use of pronouns. Bilingual Russian-Hebrew speaking children paired up with their monolingual Hebrew-speaking peers in pronominal use in Hebrew. Monolingual and bilingual children with TLD showed nearly ceiling performance on pronoun use. The facilitative effect of pronominal acquisition in Hebrew among bilingual children was attributed to similarities in the pronominal systems of the two languages of bilingual children. Age was found to be a predictive factor of pronoun use in children with TLD. Conversely, children with HFA had a lower rate of pronoun production compared to the TLD groups. Both third-person subject and object pronouns were largely predicted by morpho-syntactic abilities of children with HFA. In addition, subject pronoun use was predicted by ToM skills and working memory confirming that pronoun use is a complex phenomenon, which requires integration of multiple linguistic and non-linguistic components. To conclude, our findings suggest that morpho-syntactic development is a prerequisite for third-person subject and object pronoun use in children with HFA, and ToM and working memory are involved in third-person subject pronoun use. In addition, we show that pronoun use is not compromised by dual language exposure in children with TLD and with HFA. (shrink)

Say that two sentences are factually equivalent when they describe the same facts or situations, understood as worldly items, i.e. as bits of reality rather than as representations of reality. The notion of factual equivalence is certainly of central interest to philosophical semantics, but it plays a role in a much wider range of philosophical areas. What is the logic of factual equivalence? This paper attempts to give a partial answer to this question, by providing an answer the (...) following, more specific question: Given a standard propositional language with negation, conjunction and disjunction as primitive operators, which sentences of the language should be taken to be factually equivalent by virtue of their logical form? The system for factual equivalence advocated in this paper is a proper fragment of the first-degree system for the logic of analytic equivalence put forward in the late seventies by R. B. Angell. I provide the system with two semantics, both formulated in terms of the notion of a situation’s being fittingly described by a linguistic item. In the final part of the paper I argue, contra a view I defended in my “Grounding and Truth-Functions”, that the logic for factual equivalence I advocate here should be preferred to Angell’s logic if one wishes to follow the general conception of the relationships between factual equivalence and the notion of grounding put forward in the 2010 paper. (shrink)

With the popularity of computer-based testing, it is easier to collect item response times in psychological and educational assessments. RTs can provide an important source of information for respondents and tests. To make full use of RTs, the researchers have invested substantial effort in developing statistical models of RTs. Most of the proposed models posit a unidimensional latent speed to account for RTs in tests. In psychological and educational tests, many tests are multidimensional, either deliberately or inadvertently. There may be (...) general effects in between-item multidimensional tests. However, currently there exists no RT model that considers the general effects to analyze between-item multidimensional test RT data. Also, there is no joint hierarchical model that integrates RT and response accuracy for evaluating the general effects of between-item multidimensional tests. Therefore, a bi-factor joint hierarchical model using between-item multidimensional test is proposed in this study. The simulation indicated that the Hamiltonian Monte Carlo algorithm works well in parameter recovery. Meanwhile, the information criteria showed that the bi-factor hierarchical model is the best fit model. This means that it is necessary to take into consideration the general effects and the multidimensionality of the RT in between-item multidimensional tests. (shrink)

Many participants in the debate over the current state and recent developments of economics make claims that are unrefined, simplistic, often exaggerated. This is understandable: the stakes are high, the issues trigger emotional responses, and few participants are motivated or equipped to seek more nuanced analyses. To assert, or to deny, that economics as a scientific discipline or a particular part of it (such as a model) is about reality – or refers to reality, represents it, is true about it, (...) or is truthlike about it – is to make a very complex and highly ambiguous claim. 1 The disputants often make claims that have parallels in the philosophical controversy between scientific realists and their opponents, or at any rate those claims can be partly analyzed in terms of some of the arguments presented in this philosophical controversy. The question addressed here is whether realism about economics is a viable position. The argument proceeds by way of refuting a number of arguments against realism about economics. I suggest a genuine controversy over the factuality of any particular strand or piece of economics requires realism as a general interpretation of economics – or at any rate requires debunking the anti-realist arguments discussed below. “The issue of realism” as most economists would recognize it, is not exactly the issue of realism as philosophers recognize it. “The issue of realism” in economics is about realisticness as a property of theories , while (part of) the issue of realism in philosophy is about realism as a theory of theories . But some parts of the issue of realisticness (such as those related to reference and truth) in economics can be translated into aspects of the issue of realism as a theory of theories. Thus there is also an issue of realism (with no quotation marks) in economics. It is this issue of realism that has to be settled as a prerequisite for critical assessments of important forms of realisticness of economic theories. (shrink)

The paper presents a definition of profession that I have developed over two decades: A profession is a number of individuals in the same occupation voluntarily organized to earn a living by openly serving a certain moral ideal in a morally permissible way beyond what law, market, and morality would otherwise require. The paper then briefly explains how this definition improves on more conventional ones, especially on those developed using the method of sociology or conceptual analysis. Finally, the paper defends (...) the definition against one important objection, an objection many professionals, even upon reflection, seem inclined to make. The objection is that higher education, though omitted from my definition, is necessary for an occupation to be a profession. The paper argues that, on the contrary, carpenters or plumbers, porters or common laborers, could form a profession lin the full sensei without much change in the preparation of would-be members of their respective occupations. (shrink)

In the article, the organic principle of the Euroasian philosophy is studied. The organic principle acts as a basis of special style of thinking and a certain methodology of scientific knowledge here. The Euroasian methodology of studying of development of society allows establishing of the nature of communications between social processes and the phenomena of wildlife. In the article, the most important components of the Euroasian organic principle of thinking are shown: special terminology and possibilities of its application for the (...) description and forecasting of the social phenomena. Prerequisites of change of the style of thinking dominating in modern science are also noted. The author considers advantages of the organic principle of the Euroasian methodology in solution of national political, social-economic and cultural problems and in possible prospects of its use for formation of scientific methodology. The organic principle of thinking creates complex idea of reality, which can appear before us new, party unknown earlier. Lack of division of sensual experience and ‘pure reason‘, irrational and rational in organic thinking is unconditional advantage of organic approach. Organic principle presented by the Euroasian philosophical organization of the beginning of the twentieth century and continued by Lev Gumilev in the theory of ethnogenesis acts as alternative developed in the west of one-dimensional, mechanistic methodology. It can be told with confidence that owning all of variety of intellectual traditions is necessary for the modern humankind to become capable to realize global ecological threats and negative consequences of influence of culture in which ethics of individualism prevails. (shrink)

I begin my comment on Westphal’s study by exploring briefly his refutation of “the arbitrariness thesis,” and then focusing on the “conditio humanae,” i.e. the conditions of life as freedom realized in common life. As I understand it, coordination and cooperation among persons are required because employing freedom in the presence of others presupposes an act of recognition that acknowledges a priori the necessity of universal respect. The right to use and possess things within the institution of property is an (...) illustrative example of this necessity. Justice requires possession not in the form of some equal distribution but as a normative requirement that “everyone shall have property.” One must have property in order to enter the world of inter-subjectivity and become a person. This has important implications for determining how poverty is related to the validity of laws, which depends on the joint legislative will of all persons. (shrink)