This chapter contains sections titled: The Idea of an Exceptionless Moral Norm The Role of Exceptionless Precepts in Moral Thinking Exceptionless Rules and Consequentialism The Casuistry of Exceptionless Rule Approaches References.

Joseph Boyle discusses deontology, which derives precepts from moral principles, particularly making a case with reference to Alan Donagan's The Theory of Morality, which appeared the same year as Just and Unjust Wars.

No contemporary attempt to develop a theory of morality in the Kantian tradition would be responsible if it ignored the Hegelian critique of Kantian ethics. At the center of that critique is the claim that the principles and maxims of pure practical reason are insufficiently specific to give definite answers to basic moral questions arising in everyday life. Pure practical reason is here understood as the exercise of that rational capacity which I share with all rational creatures in all times (...) and places. It thus abstracts from all aspects of my moral sensibility which derive from my own historical time and place in distinction from other cultures or societies. (shrink)

Joseph Boyle raises important questions about the place of the double-effect exception in absolutist moral theories. His own absolutist theory (held by many, but not all, Catholic moralists), which derives from the principles that fundamental human goods may not be intentionally violated, cannot dispense with such exceptions, although he rightly rejects some widely held views about what they are. By contrast, Kantian absolutist theory, which derives from the principle that lawful freedom must not be violated, has a corollary – that (...) it is a duty, where possible, to coerce those who try to violate lawful freedom – which makes superfluous many of the double-effect exceptions Boyle allows. Other implications of the two theories are contrasted. Inter alia , it is argued that, in Boyle's theory, that a violation of a fundamental human good can be viewed as a cost proportionate to a benefit obtained, cannot yield a double-effect exception to the prohibition of intentionally violating that good, because paying a cost cannot be unintentional. Keywords: cost-benefit analysis, double effect, intention, side effect CiteULike Connotea Del.icio.us What's this? (shrink)

Introduces probability theory largely by way of precept. Results of theory are stated, not derived, and then problems are proposed and solved by way of illustration. Although there is a commendable number of such problems, it should be noted that no exercises are concocted and left for the reader. Other topics touched upon besides discrete probability are continuous probability and probability of causes. The treatment lays bare some philosophical issues.—P. S.

Alan Donagan, in The Theory of Morality, famously claims that the principles of “common morality” (i.e., the morality of the Judeo-Christian tradition) form a consistent system that can be derived from a single fundamental principle: It is impermissible not to respect every human being, oneself or any other, as a rational creature. In particular, I want to show that the prohibition contained in the fundamental principle is interpreted by appeal to prior convictions about particular sorts of cases, whether they involve (...) the violation of “respect” or not, and that this has unfavorable consequences for Donagan’s claim that the principles of common morality form a truly deductive system of morality. (shrink)

Myriad contemporary public-policy issues--including physician-assisted suicide, medical marijuana, abortion, surrogate motherhood, gay rights, conscription, and markets in human organs--raise the following important question: what rights should individuals have over their own bodies? The concept of self-ownership offers one way to answer this question. Just as ownership of an external object involves having rights, liberties, powers, immunities, etc., with respect to it, so self-ownership involves having these incidents of ownership with respect to one's own body and labor power. Much of the (...) contemporary debate over self-ownership has been about which of these incidents should be included in its definition. This dissertation endorses a particular configuration of incidents called Control Self-Ownership, consisting of permanent rights in rem of use, exclusion, and transfer over one's own body and labor power. As I show, this conception of self-ownership is coherent--two of its incidents can be either directly or indirectly derived from the third--but it creates difficulties for the political theorists who use it. For example, liberal egalitarians' tentative adoption of CSO forces them to be not only more liberal but also less egalitarian than they would otherwise be, whereas libertarians' efforts to adopt CSO but also extend it to include a right to labor income are unsuccessful, leaving their opposition to redistributive labor taxation ungrounded. The dissertation also shows that CSO can act as a mediating concept between the abstract political value of autonomy and a variety of concrete policy prescriptions, including the decriminalization of victimless crimes and the abolition of forced labor. More specifically, I demonstrate that CSO is tightly linked to autonomy by developing two distinct but interrelated Kantian defenses of it. I also argue that CSO is highly inconsistent with several existing and proposed nonmarket institutions to allocate transplantable human organs but that it can provide moral support for markets in human organs. The dissertation concludes with a critical examination of anticommodificationist and social-contract critiques of self-ownership. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:David Hume on Personal Identity and the Indirect Passions Robert S. Henderson Scholarly reflection on Hume's "doctrine" ofselfand personal identity continues to focus on the sections "Of Personal Identity" and the "Appendix" toA Treatise ofHuman Nature. To answer the question of why we have so great a propension to ascribe an identity to these successiveperceptions which make up experience, Hume says that we must distinguish betwixtpersonal identity, as (...) it regards our thought or imagination, and as it regards our passions or the concern we take in ourselves. He considers only the former in these sections. Towards the end of the personal identity section he writes that our identity with regard to the passions serves to corroborate that with regard to the imagination, by the making our distant perceptions influence each other, and by giving us a present concern for ourpast or future pains or pleasures (T 261). In the advertisement to the Treatise Hume says that the subjects of the understanding and passions make a compleat chain of reasoning by themselves (T xii). In light of the importance Hume attaches to the distinction, and since there are many indications that the Treatise should be read as an integral whole, it is surprising that so little attention is given to what he says of personal identity in the other books. As the title suggests, this paper concentrates on the second part of the distinction and especially on the discussion ofthe indirectpassions in Book II of the Treatise. This is not to suggest that self does not play an important role elsewhere in Hume's science ofman; for example, it is selfwhich experiences the impression ofwill and the direct passions. However, the indirect passions have a particularly important part to play in ascriptions of personal identity and this justifies the present investigation. II We can safely predict that personal identity as it regards our passions will not be the idea??some philosophers whose views of self as having the philosophical (strict) relation ofidentity Hume has rejected in "Of Personal Identity." The relationship between thought and passion to which he draws attention suggests that the idea of selfin this context has a relation to the positive suggestions in that earlier section of why Volume XVI Number 1 33 ROBERT S. HENDERSON we do speak meaningfully of the identity of the self. We are able so to speak because ofarelationship which is felt to exist between a person's distinct and changing perceptions. The relationship has to do with the discovery by memory of the connection of a person's perceptions through the association ofideas by resemblance and causation (T 261). Examination of the idea of self to which Hume makes frequent reference in Book II requires some review ofthe method ofthe Treatise. Perceptions make up human experience. Perceptions are either impressions or ideas which derive from impressions. Hume describes the indirect passions as secondary or reflective impressions and these stem from original impressions or from their ideas. He distinguishes between direct andindirect passions. Directpassionsarise immediately fromgood or evil, frompain orpleasure (T 276). Examples are joy, hope and fear. Indirect passionsproceed from the same principles, but by the conjunction ofother qualities (T 276). That is, the indirect passions not onlyhave a cause (an impression which excites them), but also an object (to which the passion directs our view when excited). We shall see that a significant quality of the indirect passions is the relation of these impressions to their objects, which are either one's own or another's self. In Book II of the Treatise Hume examines the indirect passions: love, hate, pride and humility. These passions are evaluations of persons; of selfin the case of pride and humility, and of another in the case of love and hatred. Evaluation of persons is a central feature of Hume's moral philosophy: To have the sense ofvirtue, is nothing but to feel a satisfaction of a particular kind from the contemplation of a character. The very feeling constitutes our praise or admiration (T 471). We shall see that the indirect passions in particular make an important contribution to the answer ofHume's original question ofthe source?? owe propension to ascribe an identity. Ill... (shrink)

Although most natural law ethical theories recognize moral absolutes, there is not much agreement even among natural law theorists about how to identify them. The author argues that in order to understand and determine the morality (or immorality) of a human action, it must be considered in relation to the organized system of human practices within which it is performed. Such an approach, he argues, is to be found in the natural law theory of Thomas Aquinas, especially once it is (...) recognized that the logical structure of Aquinas's ethical theory is basically that of an Aristotelian science. In order to depict this structure and to explain how it bears upon the analysis of action, the author investigates a number of issues that have attracted the attention of Thomistic and Aristotelian scholarship. He examines the nature of practical reason, its relationship with theoretical reason, the derivation of lower from higher ethical principles, the incommensurability of human goods, the relationship between will and intellect, and the principle of double effect. The book will be useful to students and scholars interested in ethics, especially from an Aristotelian and/or Thomistic perspective. One appendix reproduces the Leonine text of the De malo (question 6), with facing English translation. Another appendix provides facing Latin text and English translation of the Summa Theologiae I-II (question 94, article 2). ABOUT THE AUTHOR: Kevin L. Flannery, S.J., author of many works on the history of logic--particularly Aristotelian logic--is dean of the faculty of philosophy and professor of the history of ancient philosophy at the Pontifical Gregorian University in Rome. PRAISE FOR THE BOOK: ""I know of no more careful and detailed study of Thomas's principle that the realms of theoretical and practical rationality are parallel. This principle is indeed central to an understanding of Thomas Aquinas's ethical thought, and Father Flannery examines its ramifications most perspicaciously. His book constitutes a valuable and important addition to the Thomistic literature. Father Flannery's writing is lucid, if not always extremely engaging, and his arguments are well supported by references to, and quotations from, the Aristotelian and Thomistic texts upon which they are based.""--The Medieval Review ""It would be hard to overstate the importance of this book at the present juncture of Thomistic studies.""--Ralph McInerny, University of Notre Dame ""... of interest and of great value mostly to specialists in Aquinas's ethics or moral theory more generally. Flannery presents complex matters clearly, and his explanations of the logical presuppositions of Aquinas's moral thought are always illuminating.""--Jean Porter, Theological Studies ""This is a significant work that belongs on the bookshelf of any serious student of Aquinas.... An important contribution to Thomistic studies.""--Irish Theological Quarterly ""This scholastic text will particularly appeal to thinkers interested in Aristotelian mathematics and logic and their practical integration into Thomistic natural law ethics. However, all natural law scholars must address the questions of context and method raised by Flannery's insights and his careful, precise textual analyses."" -- Beverly Whelton, Review of Metaphysics. (shrink)

Observations of a sea urchin larvae show that most species adopt one of two life history strategies. One strategy is to make numerous small eggs, which develop into a larva with a required feeding period in the water column before metamorphosis. In contrast, the second strategy is to make fewer large eggs with a larva that does not feed, which reduces the time to metamorphosis and thus the time spent in the water column. The larvae associated with each strategy have (...) distinct morphologies and developmental processes that reflect their feeding requirements, so that those that feed exhibit indirect development with a complex larva, and those that do not feed form a morphologically simplified larva and exhibit direct development. Phylogenetic studies show that, in sea urchins, a feeding larva, the pluteus, is the ancestral form and the morphologically simplified direct‐developing larva is derived. The current hypothesis for evolution of the direct‐developing larval form in sea urchins suggests that major developmental changes occur by neutral loss of larval features after the crucial transition to a nonfeeding life history strategy. We present evidence from Clypeaster rosaceus, a sea urchin with a life history intermediate to the two strategies, which indicates that major developmental changes for accelerated development have been selected for in a larva that can still feed and maintains an outward, pluteus morphology. We suggest that transformation of larval form has resulted from strong selection on early initiation and acceleration of adult development. BioEssays 29:566–571, 2007. © 2007 Wiley Periodicals, Inc. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Hume's Classification of the Passions and Its Precursors James Fieser Hume's theory ofthe passions appears in book 2 ofhis Treatise (1739), and, in shorter form, in his "Dissertation on the Passions" originally from Four Dissertations (1757).1 When the "Dissertation" first appeared, two reviews criticized Hume's theory for being unoriginal. The first appearing review, which was in the Literary Magazine, says of the "Dissertation" that "we do not perceive any (...) thing new. This we should notmentionifwe were not talking ofan authorfond ofnovelty."2 The Critical Review opens its account noting similarly that "in our opinion [the "Dissertation"] contains nothing new or entertaining on the occasion." After presenting excerpts, the reviewer concludes: "This whole dissertation, to say the truth, appears to us very trite and superficial; and unworthy of so eminent a writer. But no authors are always equal to themselves."3 Hume, by contrast, believed that his account of the indirect passions, which dominates both book 2 and the "Dissertation," was unique.4 William Rose, in his review of the "Dissertation" in the Monthly Review, agrees with Hume, noting that "[h]is theory depends entirely on the double relations of sentiments and ideas, and the mutual assistance which these relations lend to each other. What he says upon the subject, is extremely ingenious, and deserves the philosophical reader's attentive perusal."5 Few today would dispute the uniqueness ofHume's account ofthe indirect passions. Why, though, did two reviewers consider Hume's theory unoriginal? Part of the answer rests in the degree to which Hume's general classification of the passions follows traditional classifications. By understanding how Hume was in line with tradition, his uniqueness may be better appreciated. I will first sketch the traditional classifications of the passions. Second, I will draw comparisons between aspects of Hume's classification and other Enlightenment accounts. Finally, I will criticize the interpretations of Hume's classification offered by Kemp Smith, Ardal, and Loeb, and suggestwhatIbelieve is the most textually soundclassification. In each of these sections, my focus is on taxonomy. However, since many divisions of the passions derive from the psychological mechanisms which produce various passions, some account will be given of these operations. Volume XVIII Number 1 JAMES FIESER Traditional Classifications ofthe Passions The passions have been traditionally understood as disturbances ofthe mind or soul, the key ones beinglove, hate,joy, grief, hope, fear, desire, and aversion.6At therisk ofover-simplification, afairlyunified account ofthe passions can be found beginning with Plato and lasting until the mid-nineteenth century. One feature of this tradition is that the passions fall into positive and negative classes. This is first noted by Aristotle who argues that the passions are "feelings that are accompanied by pleasure or pain."7 Following Aristotle, most accounts divide the passions in reference to good or bad objects and experiences. Good experiences, such as dining, are pleasing, whereas bad experiences, such as illness, are displeasing. Consequently, passions such as joy and griefare mirror images according to the good (pleasing) or bad (displeasing) nature of the experience. A second feature of most theories is that there is a small foundational class of passions which gives rise to others through variation. The most popular foundational set includes four:joy, sorrow, hope, and fear. Although the earliest reference to these four is by Plato (Laches 191C), Zeno of Citium and the Stoics are attributed with developing a theory of the passions based on these. The fullest surviving account ofthe Stoic theory is given by Cicero in his Tusculan Disputations.8 In Cicero's discussion, the four most primitive passions are joy (laetitia), grief (aegritudo), desire (cupiditas or libido), and fear (metus). Joy and desire are the result of good circumstances, whereas grief and fear are the result of evil. Further, joy and griefresult when a circumstance or object is actually present, in contrast to desire and fear which arise when one anticipates a future circumstance. The division is as follows: Present Anticipated Good Object joy desire Evil Object grief fear In Roman and medieval philosophy, the Stoic division of the passions was widely endorsed by writers such as Virgil, Augustine, and Boethius.9With Thomas Aquinas, though, an alternative classification arose. Thomasrecognized... (shrink)

Whereas Brian Skyrms in his chapter views rationality and evolution as alternative ways to derive decision behaviour, indirect evolution allows us to combine the two approaches. By focussing on Skyrms’ examples it will be illustrated how optimal decisions for given rules of interaction can influence the future rules of interaction. Here evolution does not determine behaviour directly, but only indirectly via the rules. We, furthermore, report on an experiment, related to Skyrms’ examples, revealing effects of deliberation in the sense (...) of forward-looking considerations and of path dependence in the sense of adapting to past success. (shrink)

In spite of its everyday connotations, the term independence as republicans understand it is not a celebration of individualism or self-reliance but embodies an acknowledgement of the importance of personal and social relationships in people’s lives. It reflects our connectedness rather than separateness and is in this regard a relational ideal. Properly understood, independence is a useful concept in addressing a fundamental problem in social philosophy that has preoccupied theorists of relational autonomy, namely how to reconcile the idea of individual (...) human agency with the inevitable and necessary influence of other people, both directly and indirectly. I derive my account from the work of Mary Wollstonecraft and Catharine Macaulay, whose contributions have remained largely overlooked by current republican theorists. I have three purposes in this chapter. First, I set out the relational character of independence. Secondly, I outline a republican approach to the problem of structural social threats to agency. Finally, I hope to establish the basis for a fruitful dialogue between republicans and relational autonomy theorists on the requirements and dynamics of individual agency and freedom in oppressive social situations. I identify three distinctive features of the internal logic of freedom as independence that give it a relational character: it always locates the person within a community; there is a mediating role played by the notion of arbitrariness in connecting individual and collective perspectives; a causal relationship exists linking each person’s freedom as independence such that that the dependence of one class of persons jeopardizes the independence of the whole community. (shrink)

My goal in this paper is to contribute to the literature on Roger Bacon's epistemology by focusing on the issue of perception of quantity. The reading I aim to substantiate is that Bacon's account is best understood in terms of indirect realism. I call it indirect realism because although we have access to quantities as they exist in nature, the account is mediated by the use of a quasi-syllogism. The quasi-syllogism is constructed based on three inputs, the species (...) of the eye, colour, and light. To defend this reading I follow five steps. First, I analyse the importance of quantity in perception, and then, in steps two and three, I look at Bacon's theory of perception from its two sides, extramission and intromission. In the fourth step I look at the quasi-syllogisms that mediate cognition of quantities, and in the fifth and final step, I draw all the threads together and make the case for Bacon's indirect realism of quantity perception. (shrink)

This study examines Herbert Spencer's social and political thought by way of his principle of equal freedom. This principle reads, "The liberty of each, limited by the like liberty of each, is the rule in conformity with which society must be organized." ;Basically, this study attempts to demonstrate that Spencer was first and foremost an indirect utilitarian and that equal freedom was the central moral rule of his indirect utilitarianism. An attempt is also made to show how Spencer (...) conceived moral rights as derivations of equal freedom. For Spencer, moral rights were substantive specifications of equal freedom. Like their parent principle, they indirectly promoted happiness. Among other things, my analysis of equal freedom and rights endeavors to clarify how Spencer tried to accommodate a theory of stringent moral rights with utility and how negative freedom and virtue can be seen as compatible features of his theory of freedom. These two themes are meant to comprise some of the most promising rewards of this study. ;This study also explores Spencer's ethical naturalism via G. E. Moore's famous criticisms in Principia Ethica and via some of Henry Sidgwick's critical observations. While Moore's discussion is judged unsatisfactory, Sidgwick's analysis is deemed more successful. ;Finally, this study concludes by examining Spencer's theory of freedom and rights in terms of two fundamental moral rights and in terms of Spencer's vision of utopia. (shrink)

Narrated in the first person, Peter Carey’s novel about the life of Australian bushranger Ned Kelly incorporates other aspects of speech derived both from Carey’s personal experience and from the editorial process. Kelly's voice is toned down to some extent by virtue of the latter, introducing expressions Kelly himself would not have used. Identifying these elements, along with the specific attributes of Kelly’s own speech, enjoins a diversity of cultural and social groupings that intersect and, in some instances, compete with (...) or contradict one another. Shifts in speakers might be signalled by textual markers or by adopting different expressive qualities and speech patterns, which may or may not include a change in grammatical person. In this novel, at one instance, a shift in person is apparent, but I want to argue, not necessarily a shift in the identity of the speaker because, although the grammatical voice shifts, its qualitative features are largely unaltered. The shift nonetheless introduces a significant change. Paradoxically, as far as literary theory is concerned, the subjective qualities produced through voice mean that stylisations of speech may be indicative of character point of view, rather than what is understood to be narrative voice, because they might function in narrative as inflections of speech that do not correspond to the established voice of the grammatically instanced speaker—offering a focalised perspective instead. The shift in True History presents problems in these terms, however: the point of view instanced here is clearly that belonging to the speaker, though the voice is Kelly’s, for the narrator’s point of view determines the generality of the descriptive terms where once these were specific and personal. Had the novel been narrated wholly in third person, an unproblematic reading of Kelly’s point of view, suggested by the use of his voice, would be possible. But the shift undermines this—Kelly’s point of view gives way to another, instanced in the shift that takes place in narrative voice. Carey, in other words, inverts the convention. This is not an instance of free indirect style or discourse, where grammatical mood is at odds with the speaker’s position and tenses align with the implicated subject position of another. The same features of voice that might identify character point of view must, in absence of any disparity of mood or tone, function in respect to narrative voice to convey something of its speaker’s subjectivity, and this seems apparent here: the speaker shares Kelly’s subjective emotional and intellectual perspective, but no longer occupies the subject position. Carey’s voicing of the bushranger therefore complicates distinctions between voice and point of view by revealing qualitative features of voice to be important to the question of who is speaking the narrative. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Aquinas and Black Natural LawThomas S. HibbsIn 1857, after the United States Supreme Court ruling in Dred Scott, Frederick Douglass chastised the court for arrogating to itself the role of God, that of being absolute judge. While the Supreme Court has its own authority, he argued, "the Supreme Court of the Almighty is greater. Taney can do many things but he cannot change the essential nature of things—making evil (...) good and good, evil."1 The passage is one of many in Vincent Lloyd's Black Natural Law that underscore the appeals of African American leaders, as part of their critique of slavery and segregation, to a higher or more fundamental law than that of human law. Lloyd describes the function of natural law reasoning, which he traces through the writings of Douglass, Anna Julia Cooper, W. E. B. Du Bois, and Martin Luther King Jr., in this way: From the careful examination of a "particular view of human nature" and its implications, they "apply those implications to the specifics of an ethical or political debate."2 That sounds similar to the way some contemporary Catholic proponents of natural law depict their own deployment of it. Early in the book, Lloyd suggests that "European and Catholic natural law traditions can learn much from the black natural tradition."3Concerning what might be learned, he focuses on an expansive conception of reason in the African American tradition, a conception of reason that is integrated with the role of emotion or passion and that is not [End Page 943] individualistic, but communal. He also underscores the epistemic privilege of the oppressed, the way suffering injustice attunes us to justice. Beyond the themes mentioned explicitly by Lloyd, I would add the paradoxical claim that natural law teaching is not just about the accessibility of fundamental precepts of justice, but also about the human capacity for moral blindness and the way in which the violation of the natural law is in important ways its own punishment. Because of the regularity of such blindness, attention to the obstacles to the perception of the natural law must become "part of the very activity of natural law." The ways in which these matters are articulated by African American authors can be, as Lloyd suggests, highly instructive. I would add that Lloyd's treatment of natural law in the African American tradition can also be fruitful for recovering neglected features of Aquinas's account. In what follows, I want to take up each of these themes and set them in conversation with the texts of Aquinas. As Alasdair MacIntyre, among others, has urged, seeing one's own tradition from the perspective of another, can, at a minimum, help us see it more clearly.4 As MacIntyre also notes, any such attempt faces the difficulties of translating from one tradition or community of inquiry to another. I must, accordingly, stress the limitations to the current essay, which can be nothing more than a preliminary investigation. I will largely be taking Lloyd's interpretation of the authors he studies as my assumed starting point, although in some cases I will offer my own reading of texts and authors he considers.5 What I will provide will be no more than an initial conversation, a first reading of Lloyd's theses in relation to germane themes and arguments in Aquinas. A much longer exchange, based on an immersive study of selected African American texts and the chief commentaries on them would be needed to advance the [End Page 944] conversation further. Before doing so, however, I want to provide a further reason that Catholic natural law thinkers should be eager to engage the Black natural law tradition, a reason derived from Joseph Ratzinger's reflection on the strange situation of natural law in the modern world.Ratzinger on the Vanishing Evidence for Natural Law and the Engagement of Wisdom TraditionsAs the contemporary Catholic natural law theorist Russell Hittinger has shown,6 Ratzinger, as a ressourcement theologian, is a critic of "rationalism," with "little confidence" in the older, "moral-juridical manualist and casuistical approach to natural law, which was prominent in casuistical approaches."7 In fact, he thinks that... (shrink)

Gottfried Martin has recently reminded us of a useful distinction between two possible ways of doing metaphysics. We may proceed by framing a “theory of principles” or by proposing a “theory of being”. Aristotle explicitly formulates both possibilities as the task of metaphysics, formulating a theory of principles in his doctrine of the four types of causal explanation in the first book of the Metaphysics, while exploring the theory of being in a number of other passages, such as Book I, (...) chapters 6 and 9; Book X, chapter 2; and Book XIII. These passages do not elaborate principles whereby we can analyze the structure of certain entities, be they causes, substances or forms, but rather concern themselves with the ontological status of these entities—in what sense can they be said to be? In Plato this distinction is more implicit, but we may contrast the theory of forms developed in the Phaedo and the Republic with the subsequent probing investigation of the being of these forms in the Parmenides and the Sophist. Kant “explicitly claims to have discovered and presented a complete and necessary system of the basic concepts and principles. The proof of the completeness and necessity of this system is the aim of the middle part of the Critique of Pure Reason, the Transcendental Analytic.” Yet. (shrink)

Linked by Donagan's commitment to the central importance of history for philosophy and his interest in problems of historical understanding, these essays represent the remarkable scope of Donagan's thought.

Einstein’s 1935 derivation of mass—energy equivalence is philosophically important because it contains both a criticism of purported demonstrations that proceed by analogy and strong motivations for the definitions of the ‘new’ dynamical quantities. In this paper, I argue that Einstein’s criticism and insights are still relevant today by showing how his derivation goes beyond Friedman’s demonstration of this result in his Foundations of Spacetime ¹heories. Along the way, I isolate three distinct physical claims associated with Einstein’s famous equation (...) that are sometimes not clearly distinguished in philosophical discussions of spacetime theory. (shrink)

In this study, some new hypotheses and techniques are presented to obtain some new analytical solutions to the generalized Kawahara equation. As a particular case, some traveling wave solutions to both Kawahara equation and modified Kawahara equation are derived in detail. Periodic and soliton solutions to this family are obtained. The periodic solutions are expressed in terms of Weierstrass elliptic functions and Jacobian elliptic functions. For KE, some direct and indirect approaches are carried out to derive the periodic and (...) localized solutions. For mKE, two different hypotheses in the form of WSEFs are used to derive the periodic and localized solutions. Also, the cnoidal wave solutions in the form of JEFs are obtained. As a realistic physical application, the solutions obtained can be dedicated to studying many nonlinear waves that propagate in plasma. (shrink)

The aim of this paper is to present Peirce’s semiotics as an important factor in the genesis of Alfred North Whitehead’s doctrine of symbolism. I argue that Peirce had a direct impact on Whitehead’s earliest reflections on symbolism generally and mathematical symbolism particularly. From his first encounter with Charles Sanders Peirce’s semiotic doctrine, contrasted to that of George F. Stout, Whitehead derived a general doctrine of signs which he never abandoned and which formed the basis of his mature doctrine of (...) symbolism. While in the first years of his Harvard professorship, Whitehead suffered a second, indirect, influence from Peirce, through the American philosophers he interacted with. His mature philosophy of perception is both the development and application of the doctrine derived from Peirce and Stout thirty years before, and a reply to the realist doctrines which stressed the symbolic nature of perceptual knowledge, most importantly Santayana’s. Whitehead’s own brand of realism rests on the assumption of a pansemiotic principle, obscurely and mediately derived from Peirce. (shrink)

Studies of Aristotle’s syllogistic system, since Corcoran’s deductionist interpretation supplanted Łukasiewicz’ axiomaticist interpretation, misrepresent Aristotle’s logic in two important respects. Following Corcoran, they take indirect deduction to occur only once in a deduction discourse; they then obviate the system having a reductio rule. Second, they represent reduction as a deductive process for deriving ‘imperfect’ syllogisms from ‘perfect’ syllogisms to impose an axiomatic interpretation on the logic. Denying that Aristotle's logic admits of a reductio rule results from this misrepresentation of (...) reduction. This discussion shows that the defects imputed to Aristotle's logic, and systems devised to resolve them, result from misunderstanding reduction, which itself results from misapprehending Prior Analytics expressly to identify in a metadiscourse deduction rules and not deductions per se. (shrink)

A major voice in late twentieth-century philosophy, Alan Donagan is distinguished for his theories on the history of philosophy and the nature of morality. The Philosophical Papers of Alan Donagan, volumes 1 and 2, collect 28 of Donagan's most important and best-known essays on historical understanding and ethics from 1957 to 1991. Volume 2 addresses issues in the philosophy of action and moral theory. With papers on Kant, von Wright, Sellars, and Chisholm, this volume also covers a range of (...) questions in applied ethics--from the morality of Truman's decision to drop atomic bombs on Hiroshima and Nagasaki to ethical questions in medicine and law. (shrink)

With papers on Kant, von Wright, Sellars, and Chisholm, this volume also covers a range of questions in applied ethics—from the morality of Truman's decision to drop atomic bombs on Hiroshima and Nagasaki to ethical questions in medicine ...

In this paper, we consider Andrew Loke’s recent contributions to the successive addition argument. Although he claims to develop the discussion, we conclude that he fails to provide anything that goes beyond the position critiqued by Fellipe Leon. When analysing Loke’s position, we find that his proposals either directly collapse back into those critiqued by Leon, or beg the relevant question at hand. We conclude with some speculations about why this sort of mistake may have arisen.

Kant’s arguments for the reality of human freedom and the normativity of the moral law continue to inspire work in contemporary moral philosophy. Many prominent ethicists invoke Kant, directly or indirectly, in their efforts to derive the authority of moral requirements from a more basic conception of action, agency, or rationality. But many commentators have detected a deep rift between the _Groundwork for the Metaphysics of Morals_ and the _Critique of Practical Reason_, leaving Kant’s project of justification exposed to conflicting (...) assessments and interpretations. In this major re-reading of Kant, Owen Ware defends the controversial view that Kant’s mature writings on ethics share a unified commitment to the moral law’s primacy. Using both close analysis and historical contextualization, Owen Ware overturns a paradigmatic way of reading Kant’s arguments for morality and freedom, situating them within Kant’s critical methodology at large. The result is a novel understanding of Kant that challenges much of what goes under the banner of Kantian arguments for moral normativity today. (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)

Mental disorders in university students are very frequent, therefore higher education institutions have established in-campus mental healthcare centres. These clinics have particular characteristics that differ from other mental health centres, as they report to and represent an educational institution, while at the same time looking after the interests and well-being of patients requesting assistance, thus generating unique bioethical conflicts. Ethics Committees are useful tools to offer support to mental health professionals in making ethical decisions. In order to respond to these (...) issues, it was decided that an Ethics Committee would be created in the mental health clinic of a private university in Mexico City. This article describes the implementation process for this Committee, its duties and scope, as well as the case work and review methodology. A list of the most frequent ethical conflicts is attached, jointly with the ethical analysis of the cases treated throughout the year and a half or work by the Committee. (shrink)

In the Doctrine of Virtue Kant divides duties of love into three categories: beneficent activity , gratitude and Teilnehmung – commonly referred to as the duty of sympathy . In this paper I will argue that the content and scope of the third duty of love has been underestimated by both critics and defenders of Kant's ethical theory. The account which pervades the secondary literature maintains that the third duty of love includes only two components: an obligation to make use (...) of our natural receptivity to sympathetic feelings as a means to fulfilling other duties of love, and an indirect duty to cultivate these feelings. As a result, Kant's duty of sympathy has been widely regarded as a duty whose value is derived from the way in which it serves other duties, in particular, the duty of beneficent activity, which obliges agents ‘to promote according to one's means the happiness of others in need’ . Teilnehmung has thus assumed something of a second-class status among the duties to others. My aim in this paper is to demonstrate that the prevailing account of Kant's third duty of love is incomplete. (shrink)

Oxford, Exeter College Library, Ms. 23, ff. 195va-198ra, transmits a miscellany of psychological texts, divided into various sections. This article shows that the first sections of the miscellany reproduce most of Achard of Saint-Victor's De discretione animae, spiritus et mentis, but arrange its material in a different order from DASM and express similar ideas with different wording or word-order. OxDASM would seem to be, or derive from, an unknown version of DASM. The text in Oxford, Exeter College Library, Ms. 23 (...) certainly must be added to the medieval dissemination of DASM, of which before now only four manuscripts-and no indirect tradition-were known. This article has four parts. In the first part, I give an outline of Achard's works and their dissemination. Secondly, I discuss the content of DASM and some of choices made by the editor of the text, Nikolaus Häring. Thirdly, I present the Oxford manuscript, with particular reference to the relatio... (shrink)

Martin Luther affirms his theological position by saying “Here I stand. I can do no other.” Supposing that Luther’s claim is true, he lacks alternative possibilities at the moment of choice. Even so, many libertarians have the intuition that he is morally responsible for his action. One way to make sense of this intuition is to assert that Luther’s action is indirectly free, because his action inherits its freedom and moral responsibility from earlier actions when he had alternative possibilities and (...) those earlier directly free actions formed him into the kind of person who must refrain from recanting. Surprisingly, libertarians have not developed a full account of indirectly free actions. I provide a more developed account. First, I explain the metaphysical nature of indirectly free actions such as Luther’s. Second, I examine the kind of metaphysical and epistemic connections that must occur between past directly free actions and the indirectly free action. Third, I argue that an attractive way to understand the kind of derivative moral responsibility at issue involves affirming the existence of resultant moral luck. (shrink)

Catholic Social Teaching takes a rather cautious view toward the value of the ideas of Adam Smith, due to his emphasis on negative political and economic liberty. Detractors of Smith within CST point to what they consider to be deficiencies within his works: an impoverished moral anthropology, a lack of concern for the common good, and markets untethered to human needs. Defenders of Smith within CST tend to emphasize the material benefits that derive from Smithian institutions, such as economic growth, (...) improvements in standards of living, and the new opportunities that arise from cultures focused on innovation. This paper argues that Smith’s ideas have real value for CST. However, this value primarily lies in his moral psychology. While not denying the dangers of business activity for our moral lives, Smith also helps us to understand the possibility of the moral corruption of those who wield political power, thus providing an indirect defense of political and economic liberty that coheres with important Christian ethical notions found in CST. This is the case even though CST does not consistently recognize concerns surrounding the dangers of wielding political power—and thus Smith’s arguments offer real challenges to CST as well. This paper further suggests that these basic insights are relevant regardless of one’s favored institutional arrangements. (shrink)

The use of upper limb vibration during exercise and rehabilitation continues to gain popularity as a modality to improve function and performance. Currently, a lack of knowledge of the pathways being altered during ULV limits its effective implementation. Therefore, the aim of this study was to investigate whether indirect ULV modulates transmission along spinal and corticospinal pathways that control the human forearm. All measures were assessed under CONTROL and ULV conditions while participants maintained a small contraction of the right (...) flexor carpi radialis muscle. To assess spinal pathways, Hoffmann reflexes elicited by stimulation of the median nerve were recorded from FCR with motor response amplitudes matched between conditions. An H-reflex conditioning paradigm was also used to assess changes in presynaptic inhibition by stimulating the superficial radial nerve 37 ms prior to median nerve stimulation. Cutaneous reflexes in FCR elicited by stimulation of the SR nerve at the wrist were also recorded. To assess corticospinal pathways, motor evoked potentials elicited by transcranial magnetic stimulation of the contralateral motor cortex were recorded from the right FCR and biceps brachii. ULV significantly reduced H-reflex amplitude by 15.7% for both conditioned and unconditioned reflexes. Therefore, ULV inhibits cutaneous and H-reflex transmission without influencing corticospinal excitability of the forearm flexors suggesting increased presynaptic inhibition of afferent transmission as a likely mechanism. A general increase in inhibition of spinal pathways with ULV may have important implications for improving rehabilitation for individuals with spasticity. (shrink)

In this reinterpretation and reconstruction of Spinoza's thought, Donagan (humanities, Caltech) demonstrates that it was Spinoza's unique usage of traditional philosophical vocabulary that resulted in the history of misunderstanding that is his continuing fate. Annotation copyrighted by Book News, Inc., Portland, OR.

The concept of πρoπαειαι or "pre-emotions" is known not only to the Roman Stoics and Christian exegetes but also to Philo of Alexandria. Philo also supplies the term πρoπαεια at QGen 1.79. As Philo cannot have derived what he knows from Seneca, nor from Cicero, who also mentions the point, he must have found it in older Stoic writings. The πρoπαεια concept, rich in implications for the voluntariness and phenomenology of the passions proper, is thus confirmed for the Hellenistic period. (...) It is not to be expected that Philo's handling of this or any concept will necessarily conform to the usage of his Stoic sources. His evidence is nonetheless of great value where it coincides with that of other witnesses. In QGen 4.73 the emphasis falls upon involuntariness and the mechanisms of impression and assent as in Epictetus fr. 9. The πρoπαεια saves the virtuous person's insusceptibility to emotion exactly as it does for the Stoic spokesman in Gellius NA 19.1; this point is of some interest in view of the Christological use of this concept in Origen and Didymus. QGen 1.55 and 3.56 indicate that the occurrence of the πρoπαειαι is dependent upon uncertainty, and further, that for Philo, as for Seneca in Ira 2.3.4, a thought not acted upon can count as a πρoπαεια. In QGen 4.15-17 and 1.79, Philo indicates that hope and perhaps laughter may be related to joy as πρoπαεια to παoς; these assertions are not paralleled in extant Stoic texts. Further, in QGen 2.57, he names "biting and contraction" as the ευπαεια corresponding to grief, supplying a helpful parallel for Cic. Tusc. 3.83 and Plut. Virt. Mor. 449a. The topic may well have been discussed by Posidonius, as suggested by Cooper and others, but Posidonius' attested innovations are rather different in character from the points which have caught the attention of Philo. Taking together the indirect evidence of Philo, Seneca, and Cicero, we may reasonably infer that the πρoπαεια concept belonged already to an earlier period of Stoicism. (shrink)

It is widely believed that some puzzling and provocative remarks that Frege makes in his late writings indicate he rejected independence arguments in geometry, particularly arguments for the independence of the parallels axiom. I show that this is mistaken: Frege distinguished two approaches to independence arguments and his puzzling remarks apply only to one of them. Not only did Frege not reject independence arguments across the board, but also he had an interesting positive proposal about the logical structure of correct (...) independence arguments, deriving from the geometrical principle of duality and the associated idea of substitution invariance. The discussion also serves as a useful focal point for independently interesting details of Frege's mathematical environment. This feeds into a currently active scholarly debate because Frege's supposed attitude to independence arguments has been taken to support a widely accepted thesis (proposed by Ricketts among others) concerning Frege's attitude toward metatheory in general. I show that this thesis gains no support from Frege's puzzling remarks about independence arguments. (shrink)

Since the time of Aristotle's students, interpreters have considered Prior Analytics to be a treatise about deductive reasoning, more generally, about methods of determining the validity and invalidity of premise-conclusion arguments. People studied Prior Analytics in order to learn more about deductive reasoning and to improve their own reasoning skills. These interpreters understood Aristotle to be focusing on two epistemic processes: first, the process of establishing knowledge that a conclusion follows necessarily from a set of premises (that is, on the (...) epistemic process of extracting information implicit in explicitly given information) and, second, the process of establishing knowledge that a conclusion does not follow. Despite the overwhelming tendency to interpret the syllogistic as formal epistemology, it was not until the early 1970s that it occurred to anyone to think that Aristotle may have developed a theory of deductive reasoning with a well worked-out system of deductions comparable in rigor and precision with systems such as propositional logic or equational logic familiar from mathematical logic. When modern logicians in the 1920s and 1930s first turned their attention to the problem of understanding Aristotle's contribution to logic in modern terms, they were guided both by the Frege-Russell conception of logic as formal ontology and at the same time by a desire to protect Aristotle from possible charges of psychologism. They thought they saw Aristotle applying the informal axiomatic method to formal ontology, not as making the first steps into formal epistemology. They did not notice Aristotle's description of deductive reasoning. Ironically, the formal axiomatic method (in which one explicitly presents not merely the substantive axioms but also the deductive processes used to derive theorems from the axioms) is incipient in Aristotle's presentation. Partly in opposition to the axiomatic, ontically-oriented approach to Aristotle's logic and partly as a result of attempting to increase the degree of fit between interpretation and text, logicians in the 1970s working independently came to remarkably similar conclusions to the effect that Aristotle indeed had produced the first system of formal deductions. They concluded that Aristotle had analyzed the process of deduction and that his achievement included a semantically complete system of natural deductions including both direct and indirect deductions. Where the interpretations of the 1920s and 1930s attribute to Aristotle a system of propositions organized deductively, the interpretations of the 1970s attribute to Aristotle a system of deductions, or extended deductive discourses, organized epistemically. The logicians of the 1920s and 1930s take Aristotle to be deducing laws of logic from axiomatic origins; the logicians of the 1970s take Aristotle to be describing the process of deduction and in particular to be describing deductions themselves, both those deductions that are proofs based on axiomatic premises and those deductions that, though deductively cogent, do not establish the truth of the conclusion but only that the conclusion is implied by the premise-set. Thus, two very different and opposed interpretations had emerged, interestingly both products of modern logicians equipped with the theoretical apparatus of mathematical logic. The issue at stake between these two interpretations is the historical question of Aristotle's place in the history of logic and of his orientation in philosophy of logic. This paper affirms Aristotle's place as the founder of logic taken as formal epistemology, including the study of deductive reasoning. A by-product of this study of Aristotle's accomplishments in logic is a clarification of a distinction implicit in discourses among logicians--that between logic as formal ontology and logic as formal epistemology. (shrink)

The fundamental causal concept in Chisholm's theory of agency is that of causally contributing to, a generic concept covering both event-causal contributors and agent-causal contributors. Chisholm's elucidation of agent-causation is explored and defended against objections. It is then argued that Chisholm's ontology, in particular in its treatment of the concept of an evert, generates difficulties for his theory of agency oi which two are explored: that it is hard to reconcile with Chisholm's own apparent analysis of the distinction between intentional (...) and unintentional actions; and that it entails that every causal contributing has an infinite set of causal contributors, which is in conflict with the principle that any set of nonredundant conditions that are jointly sufficient for the occurrence of an event are so by the nature of things, and not by virtue of some further event. (shrink)

The fundamental causal concept in Chisholm's theory of agency is that of causally contributing to, a generic concept covering both event-causal contributors (members of sets of nonredundant jointly sufficient conditions) and agent-causal contributors (not members of sets of jointly sufficient conditions). Chisholm's elucidation of agent-causation is explored and defended against objections. It is then argued that Chisholm's ontology, in particular in its treatment of the concept of an evert, generates difficulties for his theory of agency oi which two are explored: (...) (i) that it is hard to reconcile with Chisholm's own apparent analysis of the distinction between intentional and unintentional actions; and (ii) that it entails that every causal contributing has an infinite set of causal contributors, which is in conflict with the principle that any set of nonredundant conditions that are jointly sufficient for the occurrence of an event are so by the nature of things, and not by virtue of some further event. (shrink)

Indirect speech acts—responding “I forgot to wear my watch today” to someone who asked for the time—are ubiquitous in daily conversation, but are understudied in current neurobiological models of language. To comprehend an indirect speech act like this one, listeners must not only decode the lexical-semantic content of the utterance, but also make a pragmatic, bridging inference. This inference allows listeners to derive the speaker’s true, intended meaning—in the above dialog, for example, that the speaker cannot provide the (...) time. In the present work, we address this major gap by asking non-aphasic patients with behavioral variant frontotemporal dementia and brain-damaged controls with amnestic mild cognitive impairment to judge simple question-answer dialogs of the form: “Do you want some cake for dessert?” “I’m on a very strict diet right now,” and relate the results to structural and diffusion MRI. Accuracy and reaction time results demonstrate that subjects with bvFTD, but not MCI, are selectively impaired in indirect relative to direct speech act comprehension, due in part to their social and executive limitations, and performance is related to caregivers’ judgment of communication efficacy. MRI imaging associates the observed impairment in bvFTD to cortical thinning not only in traditional language-associated regions, but also in fronto-parietal regions implicated in social and executive cerebral networks. Finally, diffusion tensor imaging analyses implicate white matter tracts in both dorsal and ventral projection streams, including superior longitudinal fasciculus, frontal aslant, and uncinate fasciculus. These results have strong implications for updated neurobiological models of language, and emphasize a core, language-mediated social disorder in patients with bvFTD. (shrink)

In this paper I argue that Maritain rejects any attempt to reduce ethics to a set of moral rules that can be derived from natural law. Rather, in his work we find a nuanced account of the virtue of prudence, which applies the precepts of the natural law to particular situations. We also find him insisting that the appropriate animation of ethical action springs not from the law, but from love. Maritain’s metaphysical existentialism leads him to insist that the (...) natural law is never sufficient to meet the exigencies of determining action. Accordingly, the authentically metaphysical basis of his ethics is thoroughly existential (in the Thomistic sense) and must include the prudential governance that guides human action, because an account of human nature and its ends only informs us of the range of possibilities for human goodness, without showing how to actually achieve them. In arguing for this claim I begin by situating Maritain’s ethical discussion in the context of his metaphysics. I then explore his understanding of natural law and its limitations when it comes to governing action. Finally, I explain the place of prudence as the virtue that applies the natural law to the particular. From this the role of existence and love as the interconnected basis for the foundations of ethics in Maritain’s thought is made clear. (shrink)

N. D. Mermin has proposed an “elaboration” of Einstein's 1905 derivation that supposedly fixes the flaws that I identified in this derivation. By specific examples taken from Einstein's own later work, I show that Mermin's elaboration is fraught with misconceptions.

Eight derivations of Bell’s inequality are given. First a simple and concrete derivation is given drawing on the full strength of the two hypotheses of locality and hidden variables. Two attempts at deriving Bell’s inequality without locality are made. They fail, but give valuable insight into the form which nonlocality must take in quantum physics. Arguments are given against this form of nonlocality. Ontological ideas which allow separation, realism, and locality in quantum mechanics are indicated. In the following five (...) derivations, a number of variants of the assumption of hidden variables are tried. Among the insights which these derivations give rise to are: Particles cannot be assumed to have spin or polarisation values for as much as one fixed direction. The classical picture of electromagnetic radiation is incompatible with QM. Heisenberg’s idea of potentiality in elementary particles is incompatible with QM. There is a weakest form of hidden variables, called realisability, which is sufficient to yield Bell’s inequality. Quantum states cannot be identified with physical states. The mathematical problem of the integration of quantum states into physical states is nontrivial. (shrink)

Using Giddens’s structuration theory and empirical data from a study with social enterprise stakeholders, the article explores how social entrepreneurs and the structure co-create one another. We show that the development of the contemporary significance of social entrepreneurialism lies in a combination of complex context-specific structural forces and the activities of agents who initiate, demand, and impose change. Social entrepreneurs intentionally tackle social challenges, but their actions bring unintentional results, such as the transfer of state responsibilities onto communities. Direct outputs (...) of their activities introduce indirect outcomes, bringing wider changes in culture and policy. The evolving nature of entrepreneurship and a number of factors that interplay in time and space, and enable and constrain social entrepreneurs, confirm the applicability of Giddens’s theory in the field of social entrepreneurship. The originality of this article derives from revealing mechanisms that enable social entrepreneurs to emerge and reasons for structural change. We also build a “co-creation model of structure and agency” that can be used to “engineer” the process of social entrepreneurship. (shrink)

In this paper, a solution to the problem of theoretical terms is developed that is based on Carnap’s doctrine of indirect interpretation of theoretical terms. This doctrine will be given a semantic, model-theoretic explanation that is not given by Carnap himself as he remains content with a syntactic explanation. From that semantic explanation, rules for the truth-value assignment to postulates, i.e. sentences that determine the meaning of theoretical terms, are derived. The logical status of postulates will be clarified thereby (...) in such a way that the problem of theoretical terms disappears. (shrink)