This chapter contains sections titled: Rationality as a Property and Rationality as a Source of Requirements Rationality and Normativity Requirements of Rationality Reasoning References Further reading.

The unusual applicability of mathematics to the description of the physical reality still remains a major investigative task for philosophers, physicists, mathematicians and cognitive scientists. The presented article offers a critical analysis of the philosophical motivations and development of a major attempt to resolve this task put forward by two prominent Polish philosophers: Józef Życiński and Michał Heller. In order to explain this particular property of mathematics Życiński has first introduced the concept of the field of rationality together with (...) the field of potentiality to be followed by Heller’s formal field and the field of categories. It turns out that these concepts are fully intelligible once located within philosophical stances on the relations between mathematics and physical reality. It will be argued that in order to achieve more extended conceptual clarification of the precise meaning of the field of rationality, further advancements in the understanding of the nature of the human mind are required. (shrink)

A number of formal epistemologists have argued that perfect rationality requires probabilistic coherence, a requirement that they often claim applies only to ideal agents. However, in “Rationality as an Absolute Concept,” Roy Sorensen contends that ‘rational’ is an absolute term. Just as Peter Unger argued that being flat requires that a surface be completely free of bumps and blemishes, Sorensen claims that being rational requires being perfectly rational. When we combine these two views, though, they lead to counterintuitive (...) results. If being rational requires being perfectly rational, and only the probabilistically coherent are perfectly rational, then this indicts all ordinary agents as irrational. In this paper, I will attempt to resolve this conflict by arguing that Sorensen is only partly correct. One important sense of ‘rational’, the sanctioning sense of ‘rational’, is an absolute term, but another important sense of ‘rational’, the sense in which someone can have rational capacities, is not. I will, then, show that this distinction has important consequences for theorizing about ideal rationality, developing an account of the relationship between ordinary and ideal rationality. Because the sanctioning sense of ‘rational’ is absolute, it is rationally required to adopt the most rational attitude available, but which attitude is most rational can change depending on whether we are dealing with ideal agents or people more like ourselves. (shrink)

Recent developments in criminal legislation of the Republic of Lithuania among other significant novelties include the criminalization of illicit enrichment as criminal offence. Such offence presents new legal instrument for the law enforcement in dealing with individuals who acquire property in doubtful ways. The crime of illicit enrichment is rather a novelty within the context of criminal legislation. Such novelty was largely based upon the requirements of United Nations Convention against Corruption, which stipulates the implementation of such legal measure. (...) According to the article Twenty of the convention, “Subject to its constitution and the fundamental principles of its legal system, each State Party shall consider adopting such legislative and other measures as may be necessary to establish as a criminal offence, when committed intentionally, illicit enrichment, that is, a significant increase in the assets of a public official that he or she cannot reasonably explain in relation to his or her lawful income”. While the convention was undoubtedly major factor for making grounds for said developments the need to widen the scope of confiscation of property and impound illegally acquired wealth were the driving forces behind the political will to support amendments to the Criminal Code. At same time the new offence of illicit enrichment presents significant challenges for the investigative bodies with the prosecution as well as the courts establishing such offences. First and foremost, the techniques of criminalization and legal wording of the offence are new and do not go well with the established principles of criminalization. Unnatural features of the corpus of the crime listed in the code (article No. 1891 of the Criminal Code of Lithuania) involve criminal act lacking attributes illegitimacy, complications regarding guilt of the accused. In addition, doubts and questions regarding the fundamental principles of criminal procedure, due process concerns, and problems of the balance of the rights of the accused with the right of the society to recover illicitly acquired wealth. The relationship of illicit enrichment to other criminal acts committed by the same accused is also of a great importance in establishing sources of such enrichment. As for the time of submission of present article, one hundred and seven interrogations on the illicit enrichment were on and lasting while only three simplified judgments and one proper court sentence were passed. The reasons for such slow implementation of the law are the ambiguities of the definition of law, as well as limitations of regulations, insufficiencies in asset declaration systems, lack of theoretical background and complete absence of court practice on such cases. Two of the existing convictions are analyzed from the point of view of establishment of guilt, the evidence set in the case, the grounds of adequacy of such convictions. The examples presented give basis to judge the adequacy of the new law an opportunity to predict the future rulings of the courts. Necessity of the improvements of the law becomes quite obvious on the basis of the analysis. Strong criticisms, various scientific suggestions on the improvements of the regulations, namely on the constitution of guilt, wording of the criminal act are presented by the author. (shrink)

ABSTRACT In this paper, I argue that having ‘leeway’ is part and parcel of what it is to be the agential source of an action, so that embracing source incompatibilism does not, by itself, absolve the incompatibilist of the need to find Frankfurtian agents to be possessors of alternate possibilities. I offer a response to Frankfurt-style counterexamples to the Principle of Alternate Possibilities, based on the idea that Frankfurt's Jones exercises the two-way power of agency when he acts (...) – a power whose exercise intrinsically implies the possibility of having done otherwise. I then show how to respond to the objection that the alternative possibility noted is not sufficiently ‘robust’ to ground his moral responsibility. I also distinguish my own argument for the claim that source incompatibilism is not truly independent of leeway incompatibilism from an argument for the same conclusion which has been offered previously by Kevin Timpe, and suggest that my own version has the dialectical advantage that it does not automatically assume from the outset that sourcehood requires indeterminism, and hence is in line with the traditional idea that the alternate possibilities requirement on moral responsibility is the common property of compatibilists and incompatibilists alike. (shrink)

This chapter contains sections titled: McDowell on Judgement Owens's Critique Defending Intellectual Freedom Freedom and the Sources of Normativity Sources of Normativity I: Practical Reasoning Sources of Normativity II: Theoretical Reasoning A McDowellian Response Conclusion.

The most prominent recent interpretations of Kantian ethics place rational nature at the centre of the theory: I must respect rational nature, whether in myself or in others, because rational nature has a special status as the source of all other values. It is not obvious what it is for something to be the source of value, nor whether rational nature could play this role, but until these issues are settled the coherence of Kantian ethics is in question. (...) In this article I offer an explanation of what it is for rational nature to be the source of value, I show that this claim is an important element of Kant's moral theory, and I defend this conception of value. (shrink)

I am going to begin today by bringing together one of the themes of Carol Voeller’s remarks with one of the criticisms raised by Rachel Cohon, because I see them as related, and want to address them together. Voeller argues that the moral law is constitutive of our nature as rational agents. To put it in her own words, “to be the kind of object it is, is for a thing to be under, or constituted by, the laws which are (...) its nature. For Kant, laws are constitutive principles … in something very close to an Aristotelian sense: for Kant, laws are proper to objects1 much as form is to object, for Aristotle.” Voeller believes that the moral law defines the kind of cause that we are, and we are under the moral law because we are that kind of cause. Since the defining quality of a rational agent is that a rational agent acts on its representation - I prefer to say conception - of a law, Voeller thinks the question for Kant is whether we can find a law which just is the law for causes that act on their representations of laws. As she puts it, “The problem, for Kant, is whether there is a law of a cause that acts on norms - on reflection, on its representation of a law. If there is, then the constitutive principle of that cause will be the law normative for it in reflection.” Now Voeller appears to think that I will disagree with this strategy for grounding the moral law, because she sees me as giving an anti-metaphysical or ametaphysical account of Kant’s ethics, in contrast to Kant’s own. But so far, I don’t.. (shrink)

An important trend in contemporary epistemology centers on elaborating an old idea of pragmatist pedigree: theory selection (and in general the process of changing view and fixing beliefs) presupposes epistemic values. This article focuses on analyzing the case where epistemic values are indeterminate or when the sources of valuation are multiple (epistemic values like coherence and simplicity need not order options in compatible ways). According to the theory that thus arises epistemic alternatives need not be fully ordered by an underlying (...) notion of information-value and therefore the usual economic techniques of optimization cannot be applied in order to compute optimal contractions. But in cases of this sort it is still rational to maximize, i.e. to deem an option as choosable when it is not known to be worse that any other. We present here basic results about a notion of liberal contraction based on maximizing quasi-orderings. This requires the previous solution of some open problems in the theory of rational choice functions, namely a full characterization of choice functions rationalizable in terms of maximization of quasi-transitive relations. We conclude by discussing the problem of what is the adequate feasible set for calculating maximizing solutions for contraction problems and by considering the epistemological roots of some counterexamples against the most fundamental axioms on choice functions (like α). While the first part of the paper shows how economic insights can be used to improve our understanding of the principles of belief formation and change, this final section reverses this strategy by showing the utility of epistemological insights and techniques for providing invariance conditions capable of regulating the applicability of the pure principles of choice. (shrink)

Buchanan and Rawls have reminded us that economic science has neglected the institutional settings of exchange. Buchanan is in keeping with the epistemological fiction of Hobbes, that of envisaging social institutions as the intended result of the interaction of rational rationalities. Rawls uses the Lockean tradition to apprehend the fundamental structure of society as the intended result of agreement between reasonable rationalities. These two visions establish the juxtaposition of human motivations.By contrast, we suggest to combine rationalities. For, if social institutions, (...) and notably justice, encourage – or discourage – the wealth of nations as Smith taught us, they must then be circumscribed with regard to what man is in his more general traits. This combination of abstract rationalities requires then that a synthetic rationality be put forward, that allows the exploration of the complexity of human choice, both in its instrumental and axiological dimension. Aristotle had already discovered this rationality through his studies of prudential rationality, which this paper complements with the notion of customary rationality.Buchanan et Rawls ont rappelé que l’échange possède sa raison institutionnelle que la science économique ne reconnaît plus. Le premier s’inscrit dans la tradition de la fiction épistémologique hobbesienne pour envisager les institutions sociales comme le résultat volontaire de l’interaction de raisons rationnelles. Le second reprend la méthode lockéenne pour appréhender la structure de base de la société comme le résultat volontaire de l’accord de raisons raisonnables. Ces deux démarches consacrent la juxtaposition des rationalités.Par contraste, nous suggérons de les combiner car si les institutions sociales, au coeur desquelles se trouve la justice, favorisent, ou non, la richesse des nations, comme Smith l’enseignait déjà, elles doivent par conséquent être circonscrites en fonction de ce qu’est l’homme dans sa plus grande généralité possible. Cette combinaison de rationalités abstraites suppose donc la mise en perspective d’une rationalité synthétique, permettant de considérer la complexité du choix humain, simultanément instrumental et axiologique. Cette rationalité, Aristote l’avait déjà découverte à travers son étude de la raison prudentielle dont nous proposons ici un complément en y associant la rationalité coutumière. (shrink)

This article sketches out a multifactorial approach to the analysis of social conflict, based primarily on studies by Max Weber and prominent contemporary historical macrosociologists such as Michael Mann, Richard Lachman, and Ivan Szelenyi. The approach offers opportunities to bridge the gap between two key strands of the sociological tradition of conflict — Marxist and Weberian. It is argued that they do not exclude each other but work on the principle of complementarity, operating on a similar set of terms (primarily (...) class and capital) and reducing the diversity of social phenomena to a common ground — conflict. Michael Mann’s theory of sources of social power, to which the first part of the article is devoted, warns against the fundamental one-sidedness of interpreting any conflict related to power (any conflict falling within the perimeter of macrosociology can be classified as such) exclusively as political, economic, ideological, or military. A complete description of such a conflict requires engaging all four of these aspects of social power, even if some of them do not manifest themselves sufficiently in a particular conflict. The approaches outlined in the second part of the article to the analysis of its direct participants — social classes with their resources (capital in its various forms), which ultimately determine the specific configuration of inequality — the driving force of any conflict— are based on this initial marking of the conflict field. Such a comprehensive approach allows us to overcome the dogmatism of Marxist schemes without abandoning the theoretical legacy of Marxism: the reinterpretation of its key terms in the Weberian paradigm thus enriches the sociological tradition of conflict, forming the necessary kaleidoscopic view of this social phenomenon. (shrink)

In this paper I aim to defend a version of the view that ‘exist’ expresses primarily a property of individual objects, a property that each of them has. In the first section, I will distinguish the three main types of rival conceptions concerning the semantic status of ‘exist’ that will define the subsequent discussion. In the second section it will be shown that the best explanation of our overall use of ‘exist’ in natural language requires the treatment of ‘exist’ as (...) a predicate that can be applied to individual objects. The third section will be concerned with the problem of the semantic analysis of negative singular existential sentences that contain proper names. I will briefly defend a specific solution to this problem that makes use of a single-domain free logic. In the following sections, I will try to defend this view of existence in more detail. That is, I will deal with three different specific challenges that prima facie seem to speak against the proposed view and for some rival alternatives; and I will show how these challenges can be met. (shrink)

The contrast between third- and first-personal accounts of the experiences of autistic persons has much to teach us about epistemic injustice and epistemic agency. This paper argues that bringing about greater epistemic justice for autistic people requires developing a relational account of epistemic agency. We begin by systematically identifying the many types of epistemic injustice autistic people face, specifically with regard to general assumptions regarding autistic people’s sociability or lack thereof, and by locating the source of these epistemic injustices (...) in neuronormativity and neurotypical ignorance. We then argue that this systematic identification pushes us to construe epistemic agency as resulting from a fundamentally relational and dynamic process between an individual, others around them, and their social, cultural, or institutional environment, rather than as a fixed and inherent property of individuals. Finally, we show how our relational account of epistemic agency allows us to introduce the novel concepts of epistemic disablement and epistemic enablement. We argue that these two concepts allow us to more accurately track the mechanisms that undermine or facilitate epistemic agency, and thereby to better understand how epistemic injustice arises and to design more effective interventions to foster greater epistemic justice for autistic people. (shrink)

Can we employ the property of rationality in establishing what rationality requires? According to a central and formal thesis of John Broome’s work on rational requirements, the answer is ‘no’ – at least if we expect a precise answer. In particular, Broome argues that (i) the property of full rationality (i.e. whether or not you are fully rational) is independent of whether we formulate conditional requirements of rationality as having a wide or a narrow (...) logical scope. That is, (ii) by replacing a wide-scope requirement with a corresponding narrow-scope requirement (or vice versa), we do not alter the situations in which a person is fully rational. As a consequence, (iii) the property of full rationality is unable to guide us in determining whether a rational requirement has a wide or a narrow logical scope. We cannot resolve the wide/narrow scope debate by appealing to a theory of fully rational attitudes. This paper argues that (i), (ii) and (iii) are incorrect. Replacing a wide- with a corresponding narrow-scope requirement (or vice versa) can alter the set of circumstances in which a person is fully rational. The property of full rationality is therefore not independent of whether we formulate conditional requirements of rationality as having a wide or a narrow logical scope. As a consequence, the property of full rationality can guide us in determining what rationality requires – even in cases where we expect a precise answer. (shrink)

The paper explores the distinction between two doctrines, both of which inform theory construction in much of modern cognitive psychology: the representational theory of mind and the computational theory of mind. According to the former, propositional attitudes are to be construed as relations that organisms bear to mental representations. According to the latter, mental processes have access only to formal (nonsemantic) properties of the mental representations over which they are defined.The following claims are defended: (1) That the traditional dispute between (...) “rational” and “naturalistic” psychology is plausibly viewed as an argument about the status of the computational theory of mind. Rational psychologists accept a formality condition on the specification of mental processes; naturalists do not. (2) That to accept the formality condition is to endorse a version of methodological solipsism. (3) That the acceptance of some such condition is warranted, at least for that part of psychology which concerns itself with theories of the mental causation of behavior. This is because: (4) such theories require nontransparent taxonomies of mental states; and (5) nontransparent taxonomies individuate mental states without reference to their semantic properties. Equivalently, (6) nontransparent taxonomies respect the way that the organism represents the object of its propositional attitudes toitself, and it is this representation which functions in the causation of behavior.The final section of the paper considers the prospect for a naturalistic psychology: one which defines its generalizations over relations between mental representations and their environmental causes, thus seeking to account for the semantic properties of propositional attitudes. Two related arguments are proposed, both leading to the conclusion that no such research strategy is likely to prove fruitful. (shrink)

Byrne's book makes a strong case for the important role of imagination as a creator of possibilities that are used to understand complex relations, while remaining rational. I suggest that imagination also serves a critical developmental role by creating possibilities that are not rational, and that act to modify the nature of the cognitive processes that are used to define rationality.

Representing moral choice as a function of rational choice is carried out by formalizing moral evaluation into a functional mechanism called "Moral Choice Function" whose domain is information on a state of affairs and range is a moral judgment, and upon which formal and substantive requirements are imposed. The notions such as impartiality, universalizability, proportionality, and informational invariance are employed for the issue of how to solve conflict of values faced by an individual as well as collective moral agent. (...) By utilizing the structural affinity with post-Arrovian social choice theory, it is shown that inter-attribute commensurability is indispensable for any serious moral agent who wants to solve conflict of values through pluralistic maximizing. It is also shown that once the morally relevant attributes are identified, formal requirements are powerful enough to qualify the function to behave in a certain way such that the formulas for pluralistic maximizing vary with the modes of inter-attribute commensurability. It is also shown how it is still possible to manage conflict of values rationally without value commensurability by interpreting John Rawls's theory of justice as neo-Kantian in dealing with conflicting desiderata from Kantian deontology and utilitarian consequentialism. The metaethical tenets for the project are also argued for such that it is neutral about the ontological status of morality; but it is anti-Humean with its supervenience thesis, anti-Moorean with its reducibility thesis, and anti-naturalist with its syntheticity thesis. It is also argued that behind the project there lies a fundamental metaphysical conception of an entity as a bundle of properties conjoined with epistemic foundationalism, which is evidenced not only in moral evaluation but also in other kinds of cognitive activity. (shrink)

This volume provides a critical roadmap through the major historical sources of legal semiotics as we know them today. The history of legal semiotics, now at least a century old, has never been written (a non-event itself pregnant with semiotic possibility). As a consequence, its sources are seldom clearly exposed and, as word, object and meaning change, are sometimes lost. They reach from an English translation of the 1916 inaugural lecture of the first Chair in Legal Significs at the Amsterdam (...) University, via mid 20th century studies on "property" or "contract," to equally fascinating essays on contemporary semiotic problems produced by former students of the Roberta Kevelson Semiotics Roundtable Seminar at Penn State University 2012 and 2013. Together, the materials in this book weave the fabric of semiotics and significs, two names for the unfolding of semiotics in law and legal discourse at least until the second half of the 20th century, and both of which covered a lawyer's focus on sign and meaning in law. The latter is embedded within the cultural imperatives of the civilization that gave these terms meaning and made them an effective tool for the dissection of law, its reconstitution as an instrument to be used by the lawyer to advance the interests of her clients, and for judges as a means to restructure language as a narrative of law whose power could bend behavior to its strictures. Legal semiotics has become an indispensible part of the elite lawyer's toolkit and a fundamental approach to analysis of legal texts. Two previous volumes published in 2011 and 2012 explored the conceptual, methodological and epistemological progress in the field of legal semiotics, the modern forms of semiotics study, and the mechanics of meaning making processes by lawyers. Yet the great lessons of semiotics requires a focus on the origins of the concepts and frameworks that would become contemporary legal semiotics, its origins as an object of the consciousness of meaning making-one whose roots, as lessons for the oracular conversations of law, are expanded in this volume. (shrink)

B a c k g r o u n d. The article examines the appearance, essence and formation of the concept of "echo chamber" in the field of philosophy. The main interpretations and practical aspects of the application of this concept by representatives of the philosophical community are considered. Considering the lack of an established version of the concept of "echo chamber", an attempt was made to define its meaning by analogy with the already established interpretation of a physical analogue, (...) namely, a resonator. The appropriateness of such an analogy is justified. The specifics of the operation of echo chambers are considered by analogy with the operation of the resonator and its associated phenomena. The phenomenon of "intellectual inbreeding" ("geistiger Inzucht") described by H. Franke is considered. M e t h o d s. The theoretical and methodological foundations of the research are based on the principles of scientific objectivity, impartiality and systematicity. During the research, general scientific, philosophical, and special methods of studying social and political phenomena were used, including general methods of analysis, synthesis, and comparative methods. R e s u l t s. The author's understanding of the meaning of the concept of "echo chamber" and the prerequisites for its stability, which are determined by the properties of human consciousness, namely: "comfort zone", "clipping of thinking" and the principle of "own-foreign" are offered. The appropriateness of consideration and the main properties of the echo chamber as a technology of effective communication influence are substantiated. Among the methods of destroying echo chambers, the development of critical thinking skills and digital literacy, compliance with the principles of diversification of information sources and "range of reasonable alternatives", the occurrence of cognitive dissonance, as well as the phenomenon of emotional resonance are considered. C o n c l u s i o n s. Echo chambers pose a significant threat both to the harmonious development of the human personality and to the stable existence of civilized societies. Methods of countering echo chambers require further development and dissemination in society. (shrink)

Certification for biofuels has been developed to ensure that biofuel production methods adhere to social and environmental sustainability standards. As such, requiring biofuel production to be certified has become part of EU policy through the 2009 renewable energy directive, that aims to promote energy security, reduce emissions and promote rural development. According to the EU RED, in 2020 10 % of our transport energy should come from renewable sources, most of which are expected to be biofuels. In this paper I (...) examine what biofuel certificates are, what they can achieve and what their limitations are. Methodologically, I will evaluate them using the standards of instrumental, practical and communicative rationality. With regard to instrumental rationality, I conclude that the EU RED makes an important but unjustified assumption in demanding certified biofuels for its target: that if biofuel production is sustainable, then biofuel use is too. I also argue that, where the EU assumes that biofuel certification is a sufficient means to achieve the EU RED’s goals, it is at best an insufficient means and at worst not a means at all towards achieving these goals. With regard to practical rationality, I argue that more attention needs to be paid to trade-offs between different goals in the EU RED, particularly with regard to providing investor security and not capping transport energy consumption. With regard to communicative rationality, I argue that the policy-making process of the EU RED has been seriously flawed, and that certification development processes also can improve significantly. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Rhetorical Agency as a Property of QuestioningNick TurnbullAttention to agency has increased with the ongoing crisis of thought arising from the critique of metaphysics. With the absence of a foundation for reason comes an increased scope for choice in the interpretation of the world and the necessity to persuade others where demonstrative reason is lacking. Hence the "rhetorical turn" accompanies the problematization of knowledge. Even identity itself has been (...) "rhetoricized" with the death of the subject, and attention turns to how discourse constructs knowledge of the world and of ourselves. The rhetorical turn supports an increased capacity of agency in the use of language to construct identity and to relate to others. Agency is a fundamental property of rhetoric: we can debate the discourse of an interlocutor through resort to argumentation even if, as Gerard Hauser notes in the call for papers, that interlocutor is a monster. Philosophy itself has been rhetoricized in that the many philosophical systems of history have been revealed to be unsupportable now that there is no firm foundation upon which to ground inference in general. In a discourse without foundations we are free to choose between different philosophies, so much so that some have rejected philosophy itself in favor of general arbitrariness. This is apparent in deconstruction in philosophy and the rehabilitation of sophism within rhetoric.Where there is choice there is agency, of the rhetor and the audience. But the agency that is so positive for rhetoric is also that for which rhetoric has been condemned. Rhetoric has long been associated with sophistic, in which discourse can be used to deceive others or to simply demonstrate the status of the rhetor regardless of the truth of the conclusions reached. Rhetorical agency permits deception and stands in contrast with logical demonstration, in which necessity and self-evidence are the hallmarks of ideal reason. We have no choice but to accept necessary conclusions. Hence the apparent weakness of rhetoric in relation to logic and the questionable status [End Page 207] of the ethical properties of agency. And if agency is condemned as relativist, is not humanity condemned along with it? The rise of rhetoric also encompasses the "rhetoric of inquiry," which shows that even science employs rhetorical devices to construct the world and to persuade its audience. Science is especially rhetorical in the process of discovery, which is nonscientific. Nonetheless, the status of rhetoric is still problematic because of the freedom it permits. It is viewed by many as a weakness to be eliminated rather than a positive quality to be embraced. The contrast between rhetorical agency and logical necessity lies at the heart of contemporary debates about knowledge, identity, and postmodernity.In this paper I address the nature of rhetorical agency. This requires an examination of the foundations of knowledge and the division between logic and rhetoric. Although this division has been addressed many times in this journal, I believe it is still useful to revisit the debate. We must try to move beyond the postmodern impasse if knowledge is to progress and if rhetoric is to overcome its residual status. I draw on the philosophy of Michel Meyer, who offers a unique perspective on the status of rhetoric and the nature of philosophy. First, I outline the rhetorical turn as part of an increasing problematization of thought. I suggest that the rhetorical turn is incomplete because although problematicity is present in postmodern times, it remains unthematized on its own terms. The division between logic and rhetoric arises from an underlying conflict between freedom and necessity that suggests we inquire into the nature of the problematic itself. Next, I propose that Michel Meyer offers a solution to the problem by effecting a synthesis of freedom and necessity in his consideration of questioning as the foundation of reason and the consideration of the historical crisis faced by philosophy at the end of the twentieth century. Finally, I suggest that agency can be understood as a fundamental property of questioning that arises from the necessity of questioning as the foundation of reason. Rhetorical agency is thus a defining characteristic of humanity.1.The Aristotelian division of logic and rhetoric separated the necessary from the contingent... (shrink)

The objective of this research has been to evaluate the effect of the integration of Artificial Intelligence on the motivation of students, in the area of Chemistry of tenth grade of the Adventist School of Ibagué. To this end, a methodology with a qualitative approach and a Participatory Action Research design with four phases were used: planning, action, observation and reflection. The information was collected through observation and interview techniques for which field diaries and structured script were used as research (...) instruments. This information was analyzed with the Atlas.ti 23 software, the resulting codes allowed the definition of the categories: experience in the use of artificial intelligence, motivation and commitment, meaningful learning and perceptions about teaching and learning. The results obtained reflect an increase in student motivation and engagement, as well as a favorable impact on meaningful learning. They highlight the pedagogical potential of this resource, to diversify and enrich didactics in the teaching of chemistry. A positive perception by students towards the implementation of AI in the classroom was identified. It is concluded that the use of AI mediated with the design of pedagogical strategies to create learning environments and situations can improve the motivation of students, generating a space for knowledge and meaningful learning. However, challenges were also identified, such as the need for teacher and student training in the management and proper use of technological resources. In addition, the importance of not considering artificial intelligence as a total replacement for the role of the teacher, but as a complementary tool that requires an adequate pedagogical approach, is highlighted. (shrink)

This is a book that contrary to common practice, shows the commonalities of ancient and modern theories of freedom, law, and rational actions. Studying the works of the ancients is necessary to understanding those that follow. Thomas Chaimowicz challenges current trends in research on antiquity in his examination of Montesquieu's and Burk's path of inquiry. He focuses on ideas of balance and freedom. Montesquieu and Burke believe that freedom and balance are closely connected, for without balance within a state there (...) can be no freedom. When Montesquieu speaks of republics, he means those of antiquity as they were understood in the eighteenth century. In this view, freedom can develop only within the framework of established tradition. Edmund Burke's greatest service to political thought may lie in making use of this idea when he fought against the abstractions of the French Revolutionaries. Antiquity as the Source of Modernity examines Montesquieu's "Roman mind," meaning not an attitude influenced by the ancients, but one primarily influenced by Roman heritage. It speaks to the antithesis of monarchy and despotism in Montesquieu's thought and the influence of Tacitus and Pliny the Younger on him. The separation of powers and its relation to the concept of the mixed constitution as well as Montesquieu's smaller masterpiece Considerations on the Causes of the Grandeur and Decadence of the Romans are examined in detail. Finally, the discussion leads seamlessly to Burke, who, as a critical admirer of Montesquieu, partly incorporated his interpretation of the English constitution into his own thinking threatened by teachings of the French Revolution and its British adherents. The central idea of Antiquity as the Source of Modernity is timeless. It is that the ancient past can lead to a clearer understanding of what follows. This perspective represents a reversal of the conventional procedures for conducting this kind of research, but it is a reversal that Chaimowicz embraces in order to add a new dimension to the study and impetration of both Montesquieu and Burke. Thomas Chaimowicz was a distinguished visiting professor at the International Academy of Philosophy in the Principality of Liechtenstein and honorary professor of Roman Lay at the University of Salzburg. This is the final work commissioned by the late Russell Kirk for his efforts on behalf of the Transaction Library of Conservative Thought. (shrink)

Historical progress has largely been described in terms of the power to order social and ecological realities according to the interests of a few. Their concepts, images, and metaphors have transmitted knowledge (both explicit and tacit) that has come to be regarded as received wisdom. This kind of power, which has shaped (as well as described) history, has belonged primarily to men; whereas women's nature and, accordingly, their power have been defined primarily in terms of sexuality. Men's control of women's (...) sexuality is therefore the source of the disqualification of women as free agents‐that is, as significant participants in, say, scientific and religious meaning‐giving processes. Thus morality requires reevaluation of our assumptions about human nature. Most importantly, it demands that female sexuality be considered within the context of rationality and spirituality. (shrink)

This article considers the interplay between intellectual property rights and classic property rights raised by Hoffman v. Monsanto (2005) and advances the idea that intellectual property law can serve as an autonomous source of liability for intellectual property owners. The article develops the conceptual advantages of demarcating physical and intellectual properties and allocating rights and responsibilities based on the respective property sphere. It introduces a theoretical Hohfeldian framework, in which the grant of a positive limited-term monopoly right entails a (...) corresponding duty, to establish intellectual property law as a source of internal limits on intellectual property rights. The article is a prolegomena to a detailed matrix of those rights and duties within intellectual property law. This matrix could support patentee duties that go beyond public disclosure of the invention and could establish patent law as an alternative legal framework to tort law to address harms caused by inventions. (shrink)

Despite the extensive literature describing the somatic genetic alterations in cancer cells, the precise origins of cancer cells remain controversial. In this article, I suggest that the etiology of cancer and the generation of genetic instability in cancer cells should be considered in the light of recent findings on both the stochastic nature of gene expression and its regulation at tissue level. By postulating that gene expression is intrinsically probabilistic and that stabilization of gene expression arises by cellular interactions in (...) “morphogenetic fields”, development and cellular differentiation can be rethought in an evolutionary perspective. In particular, this article proposes that disruptions of cellular interactions are the initial source of abnormal gene expression in cancer cells. Consequently, cancer phenotypes such as genetic and epigenetic instabilities, and also the presence of cells with stem cell‐like properties, may result from inaccurate and aberrant patterns of gene expression generated by microenvironmental alterations. Finally, the therapeutic implications of this view are discussed. BioEssays 27:1277–1285, 2005. © 2005 Wiley Periodicals, Inc. (shrink)

Brandt addresses what has been called an “embarrassment” in Socratic studies: in the Crito, Socrates claims that he is only persuaded to act on the basis of propositions that appear to him to be best upon rational examination (45b). However, in several other dialogues, Socrates appears to contradict himself: He obeys the commands of his supernatural daimonion, thereby suggesting that divine command - something that is not the product of human reasoning - can also persuade Socrates to act. Herein lies (...) the apparent conflict: If Socrates is the paragon of rationality, why would he unreflectively obey the commands of his daimonion, an extra rational source? After exposing the weaknesses in arguments from the recent scholarship on this issue, Brandt undertakes the formidable task of proposing an alternative way of understanding Socrates as the “ideal rational agent.” While Brandt’s project is admirable and creative, I argue that parts of it are inconsistent with essential theses of Socratic philosophy. I address four issues that concern me. (shrink)

In this paper we start from the assumption that in a metaphor, or an analogy, some terms belonging to one domain (source domain) are used to refer to objects other than their conventional referents belonging to a possibly different domain (target domain). We describe a formalism, which is based on the First Order Predicate Calculus, for representing the knowledge structure associated with a domain and then develop a theory of Constrained Semantic Transference [CST] which allows the terms and the (...) structural relationships of the source domain to be transferred coherently across to the target domain. We show how metaphors and analogies can be characterized in CST in such a way that many of their cognitive properties con be explained.We then propose a theory of Approximate Semantic Transference [AST] which is a computational version of CST and is derived from it by replacing the coherency requirement with approximate coherency. We show how AST can be used as a basis for designing models of cognitive processes involved in comprehending metaphors and analogies. (shrink)

The term “tax state” originated in a controversy between Rudolf Goldscheid and Joseph Schumpeter over the treatment of Austria’s public debt in the aftermath of World War I. Goldscheid asserted that this debt represented a crisis for a state that relied on taxation. Schumpeter argued that the crisis was temporary and could be resolved by a one-time capital levy to reduce the debt, after which the state could resume its tax-based mode of operation. This chapter explains that Goldscheid’s analysis was (...) more on the mark than Schumpeter’s, because perpetual crisis is a systemic quality of the admixture of private and collective property. Mitigation of this systemic crisis requires modification of political activity in relation to property rights, as illustrated by extending the principle that hotels are forms of city state. (shrink)

In his new book "The Importance of Being Rational", Errol Lord aims to give a real definition of the property of rationality in terms of normative reasons. If he can do so, his work is an important step towards a defense of ‘reasons fundamentalism’ – the thesis that all complex normative properties can be analyzed in terms of normative reasons. I focus on his analysis of epistemic rationality, which says that your doxastic attitudes are rational just in case (...) they are correct responses to the objective normative reasons you possess. For some fact to be an objective normative reason to do something that you possess, you have to be in a position to know this fact and be able to competently use it as a reason to do that thing. Lord’s view is thus a knowledge-first view about possessing normative reasons. Throughout the book, Lord conceptualizes belief in the traditional tripartite way – if you take any attitude at all towards a proposition, then you either believe it, or disbelieve it, or you suspend judgment about it. Lord doesn’t discuss cases in which we’re uncertain. Yet, those cases are ubiquitous. I explore how his view can be extended to them. I first discuss whether his strategy for vindicating coherence requirements in terms of normative reasons can be applied to credences. I then ask how Lord can conceive of the doxastic attitudes that encode uncertainty . (shrink)

A uniform analysis is offered for the source of the locations specified by all references in English to spatial properties including location and movement. This source is argued to be the location of events and states of affairs. These locations are specified by sets showing spaces momentarily occupied. Descriptions of motion are accounted for through a variety of ways of referencing these sets. Some classes of simple clauses are identified as requiring semantic analysis involving multiple events and states (...) of affairs. This importantly allows spatial references to be associated with different events and states of affairs. Identification of object location is accounted for by use of extra inference rules or meaning postulates. A number of other explanations are suggested for more limited and derivative phenomena. The analysis is developed within a Case-like notation presented in the first-order predicate calculus. It is supported by an extensive analysis of spatial reference phenomena and by identification of ancillary benefits. (shrink)

We present an abstract model of rationality that focuses on structural properties of attitudes. Rationality requires coherence between your attitudes, such as your beliefs, values, and intentions. We define three 'logical' conditions on attitudes: consistency, completeness, and closedness. They parallel the familiar logical conditions on beliefs, but contrast with standard rationality conditions like preference transitivity. We establish a formal correspondence between our logical conditions and standard rationality conditions. Addressing John Broome's programme 'rationality through reasoning', we (...) formally characterize how you can (not) become more logical by reasoning. Our analysis connects rationality with logic, and enables logical talk about multi-attitude psychology. (shrink)

Though Kant calls the prohibition against suicide the first duty of human beings to themselves, his arguments for this duty lack his characteristic rigor and systematicity. The lack of a single authoritative Kantian approach to suicide casts doubt on what is generally regarded as an extreme and implausible position, to wit, that not only is suicide wrong in every circumstance, but is among the gravest moral wrongs. Here I try to remedy this lack of systematicity in order to show that (...) Kant's position on suicide is more appealing and credible than it seems at first glance. Kant in fact offers three distinct lines of argument against suicide. The first, the chief argument in his Lectures on Ethics, holds that suicide violates the divine will, for in willing our own deaths we usurp God's right to determine the duration of our existence; as God's property, we are not entitled to end our own lives willfully. The second, rooted in the Groundwork, holds that suicide is incompatible with a system of willed ends conceived analogously with a system of nature, so a maxim to commit suicide cannot be coherently willed as a universal practical principle. The third argument, drawn from the Metaphysics of Morals, holds that because suicide obliterates the rational will from the world, and as the rational will is the source of moral worth, suicide cannot be consistently willed by beings subject to moral requirements. To authorize oneself to take one's own life, Kant claims, is to attempt 'to withdraw from all obligation.' We cannot, under the color of morality, seek to cancel the will that authorizes all obligation in the first place. This third argument is demonstrably superior to the other two in being both more philosophically plausible in its own right and more Kantian in flavor. (shrink)

Recent proposals for a return to introspective methods make it necessary to review the central problems that led psychologists to abandon those methods as sources of scientific data in the early twentieth century. These problems and other related challenges to verbal reports collected during the cognitive revolution during the 1960s and 1970s were discussed in Ericsson and Simon's proposal for a theoretically motivated procedure to elicit valid and non- reactive concurrent verbalization of thoughts while subjects were performing tasks. The same (...) proposal explains why other verbal reports, such as introspections, detailed descriptions or explanations, require additional cognitive activity that often leads to reactivity and invalid reports. Finally, a new proposal is sketched for how the generation of introspective reports might be incorporated within a framework for non-reactive and valid verbalization of thoughts. (shrink)

A concept that can be expressed by the term ‘rationality’ plays a central role in both epistemology and ethics -- and especially in formal epistemology and decision theory. It is argued here that when the term is used in this way, the concept of “rationality” is the concept of a kind of virtue, with all the central features that are ascribed to the virtues by Plato and Aristotle, among others. Interpreting rationality as a kind of virtue helps (...) to solve several problems, such as the relations between “rationality” and “rational requirements” and between “propositional” and “doxastic justification”, and to answer objections to the thesis that “rationality” is a normative concept that are based on the principle that ‘ought’ implies ‘can’. (shrink)

In Roman Catholic moral theology there is an ongoing debate between the proportionalist or revisionist school and the traditionalist school that has developed what is referred to as the ‘New Natural Law Theory’ or ‘Basic Goods Theory’ . The stakes in this debate have been raised with Pope John Paul II's encyclical Veritatis Splendor on fundamental moral theology that condemned ‘proportionalism’ or ‘teleologism’ as an ethical theory while utilizing many of the ideas, concepts, and terminology of the BGT, thereby implicitly (...) endorsing that ethical theory. While absolute norms and intrinsically evil acts have frequently been the focus of debate between these two schools, what is it that divides them fundamentally, on the level of ethical method? It is the role and function of reason and experience as two sources of moral knowledge, in part, that distinguish these two versions of natural law on the most basic level. While the BGT has a strict hierarchy of the sources of moral knowledge that posits the hierarchical magisterium as the definitive interpreter of reason and experience, revisionists posit a more dialogical relationship between reason, experience, and the magisterium. On certain ethical issues , the experience of the faithful as well as the rational arguments developed by revisionist Catholic moral theologians challenge some of the normative claims of the magisterium. This paper investigates the methodological use of reason and experience in each theory's interpretation of natural law and how and why these two sources of moral knowledge lead to fundamentally divergent normative claims on particular ethical issues. (shrink)

Philosophical tradition sharply distinguishes the conditions under which belief and action are reasonable. This dissertation examines one attempt to sustain this division, namely, the Humean analysis of practical reasons. The Humean analysis divides practical reasons into end and means. The former concerns what one should pursue as goal. The latter, what one should do to realize one's ends. Humeans argue that end reasons are not subject to the conditions of reasonable belief. Since end reasons pick out what has value for (...) an agent, Humeans contend that what makes life meaningful lies largely outside epistemic criteria. I find that Humeans base this claim on two distinct arguments. Each assumes that end reasons are unfit for epistemic appraisal because they lack some feature owned by psychological states suited to epistemic appraisal. A psychological state is fit for epistemic assessment only if its attitude ascribes a truth value to its content and its content owns a truth value. I examine the first conjunct. Regarding , Humeans argue that all genuine end reasons move their agents and, thus, these reasons are wants or take wants as components, since desire is the only source of agent-motivation. But in desiring that p, one does not ascribe a truth-value to p. Thus, end reasons lie outside epistemic criteria, assuming that only those psychological states whose attitude ascribes a truth value to its content are fit for epistemic assessment. Among those who claim that end reasons are a type of conative psychological state in that all genuine end reasons must move their agents are: R. M. Hare, P. H. Nowell-Smith, Gilbert Harman, Donald Davidson, B. A. O. Williams, and Daniel Dennett. I argue that this appeal to motivation fails by examining when an actor is an agent, finding that these conditions do not require that all genuine end reasons motivate. I add that rational failings, such as weakness of will, strongly suggest that not all genuine end reasons motivate. I conclude that end reasons are best conceived as a type of belief and, thus, these reasons do not lie outside epistemic assessment due to their psychological attitude. (shrink)

In this book, Michael Murphy argues that if cosmopolitanism is to remain critical and relevant, what is required is a process of critique and cooperation. At the level of intercultural exchange, this requires understanding the encounter with the Other as a mutual phase of development and holds out the potential to rejuvenate world philosophies. Through this process the cosmopolitan imagination emerges from a dialogue between global traditions of relational sociologies on matters of common concern. The second stage of the book (...) applies this methodology to provide a radical account of being and acting in the world. This will be achieved through engaging in conversation with the works of the critical theorist, Gerard Delanty; the decolonial theorist, Walter Mignolo; and the Buddhist, Confucian, and phenomenological-inspired work of Watsuji Tetsurō. In providing a move away from abstractions and ideals to instead focus on injustices and everyday life, Murphy uncovers an independent source for political legitimacy not defined by the rationality of the state or dependent on the ideals of Western philosophy. Part of this investigation also reveals a post-individual account of agency as an enactive being. Emphasising agency as becoming has the potential to allow us to reimagine the relationship between the self and the institutions of democracy. The main themes of this book are eurocentrism, critical cosmopolitanism, post-individual subjectivity, and democracy--back cover. (shrink)

In this paper we contrast bounded and ecological rationality with a proposed alternative, generative rationality. Ecological approaches to rationality build on the idea of humans as “intuitive statisticians” while we argue for a more generative conception of humans as “probing organisms.” We first highlight how ecological rationality’s focus on cues and statistics is problematic for two reasons: the problem of cue salience, and the problem of cue uncertainty. We highlight these problems by revisiting the statistical and (...) cue-based logic that underlies ecological rationality, which originate from the misapplication of concepts in psychophysics. We then work through the most popular experimental task in the ecological rationality literature—the city size task—to illustrate how psychophysical assumptions have informally been linked to ecological rationality. After highlighting these problems, we contrast ecological rationality with a proposed alternative, generative rationality. Generative rationality builds on biology—in contrast to ecological rationality’s focus on statistics. We argue that in uncertain environments cues are rarely given or available for statistical processing. Therefore we focus on the psychogenesis of awareness rather than psychophysics of cues. For any agent or organism, environments “teem” with indefinite cues, meanings and potential objects, the salience or relevance of which is scarcely obvious based on their statistical or physical properties. We focus on organism-specificity and the organism-directed probing that shapes awareness and perception. Cues in teeming environments are noticed when they serve as cues-for-something, requiring what might be called a “cue-to-clue” transformation. In this sense, awareness toward a cue or cues is actively “grown.” We thus argue that perception might more productively be seen as the presentation of cues and objects rather than their representation. This generative approach not only applies to relatively mundane organism interactions with their environments—as well as organism-object relationships and their embodied nature—but also has significant implications for understanding the emergence of novelty in economic settings. We conclude with a discussion of how our arguments link with—but modify—Herbert Simon’s popular “scissors” metaphor, as it applies to bounded rationality and its implications for decision making in uncertain, teeming environments. (shrink)

Santayana's Life of Reason, published in five books from 1905 to 1906, ranks as one of the greatest works in modern philosophical naturalism. Acknowledging the natural material bases of human life, Santayana traces the development of the human capacity for appreciating and cultivating the ideal. It is a capacity he exhibits as he articulates a continuity running through animal impulse, practical intelligence, and ideal harmony in reason, society, art, religion, and science. The work is an exquisitely rendered vision of human (...) life lived sanely. In this first book of the work, Santayana provides an account of how the human animal develops instinct, passion, and chaotic experience into rationality and ideal life. Inspired by Aristotle's De Anima, Darwin's evolutionary theory, and William James's The Principles of Psychology, Santayana contends that the requirements of action in a hazardous and uncertain environment are the sources of the development of mind. More specifically, instinct and imagination are crucial to the emergence of reason from chaos. Separating himself from the typical thought of the time by his recognition of the imagination, Santayana in this volume offers extensive critiques of various philosophies of mind, including those of Kant and the British empiricists. This Critical Edition, volume VII of The Works of George Santayana, includes a chronology, notes, bibliography, textual commentary, lists of variants, and other tools useful to Santayana scholars. The other four books of the volume include Reason in Society, Reason in Religion, Reason in Art, and Reason in Science. (shrink)

Psychoanalytic accounts offer a mix of reasons and causes to explain action. Adolf Grünbaum argues that these fail to be proper explanations because they are neither justified by inductively established laws, nor fit the standard form of rational explanation, the belief-plus-desire-yields-action structure of the practical syllogism. Grünbaum accepts rational explanation as cogent and transparently causal because, he asserts, reasons are causes. Yet he omits to show how they can be, especially in the face of the apparent fact that reasons, being (...) defined in terms of their propositional content, cannot be causes. Clarifying the position of psychoanalytic explanation does involve seeing it and rational explanation as similarly causal. This requires a realist analysis showing how reasons may be understood, not as defined in terms of their propositional contents or objects, but as states of persons caused by entering into relations with situations, and how reasoning is a causal process. Freud's philosophical intuitions on this were correct. His much criticized metapsychology offers a causal account of motives defined by source, not object, and sketches an account of the way these cause action in interaction with external situations. 2012 APA, all rights reserved). (shrink)

A cognitive relation presumes the presence of two terms: the subject and the object. The process of cognition can be realized only in forms characteristic of the subject. However, cognition faces the task of reproducing the properties of the object "in itself," and not in its relation to any given "point of view" of the subject. Lenin singles out objectivity of examination as the first, the starting element in scientific dialectics . This is also testified to by the very meaning (...) of the concept "knowledge": one can only know something that is outside knowledge; knowledge points to some external reality. This is confirmed by the very nature of sensorily elementary forms of cognition: "The luminous effect of any thing upon the optic nerve is perceived not as the subjective stimulus of the optic nerve itself, but as the objective form of a thing outside the eye" . In activity in the realm of scientific theory, the principle of objective reproduction of an object is formulated as a conscious methodological requirement. But are there rationally formulable criteria permitting the discrimination of objective knowledge from all sorts of subjective psychological forms ? (shrink)

This article reviews claims for creativity in the economy and in education distinguishing two accounts: 'personal anarcho-aesthetics' and 'the design principle'. The first emerges in the psychological literature from sources in the Romantic Movement emphasizing the creative genius and the way in which creativity emerges from deep subconscious processes, involves the imagination, is anchored in the passions, cannot be directed and is beyond the rational control of the individual. This account has a close fit to business as a form of (...) 'brainstorming', 'mind-mapping' or 'strategic planning', and is closely associated with the figure of the risk-taking entrepreneur. By contrast, 'the design principle' is both relational and social and surfaces in related ideas of 'social capital', 'situated learning', and 'P2P' (peer-to-peer) accounts of commons-based peer production. It is seen to be a product of social and networked environments — rich semiotic and intelligent environments in which everything speaks. The article traces the genealogies of these two contrasting accounts of creativity and their significance for educational practice before showing how both notions are strongly connected in accounts of new forms of capitalism that require a rethinking of the notion of creativity and its place in schools and institutions of higher education. The article begins by providing a context in terms of a history of the knowledge economy and the historical tendency toward aesthetic or designer capitalism. (shrink)

He maintained that there are two main categories of truth: those that are a result of natural laws and those that are completely necessary since their opposite suggests contradiction. God can dispense solely with the latter rules, such as the law of human mortality. Although a doctrine of faith may conflict with second-type realities, it can never contradict first-type truths. Therefore, reason may not be able to completely understand an article of religion, even though it cannot be self-contradictory. Simply put, (...) mysteries like the Trinity are "above reason." However, how can we balance the odds in favor of a religious belief with those based on natural law and common experience? The presence and character of God, as well as the global harmony that underpins the providential creation and order of the universe, must all be considered when we make these choices. On the other hand, moving from the higher to the lower classes is also feasible. Since goodness has an immediate order to the higher pattern of the universal source of being, rational creatures are able to understand "the meaning of the good as such" (II-IIae q.2, a.3). The last good that theologians and philosophers examine is different; the former is the bonum ultimum, which can only be understood with the help of revelation, while the later is the beatific vision, which reason can understand. Both conceptions of the ultimate good have significant implications since they serve as the foundation for the political division between secular and ecclesiastical authority as well as the moral division between natural and supernatural virtues. (shrink)

Emphasizing a keen interest in the corporeal/bodily in its dynamics and its cognitive characteristics, the authors show that the appeal to the corporeal as a cognitive option changes the understanding and perception of such traditional phenomena as the world, reality, space, things. The proposition that the subject constructs the world, and our bodily experience is determined by the word and constructed by discursive contexts, looks incomplete: its limited nature requires some additions. The authors underline that the study of human sensual (...) cognitive capabilities and the analysis of the cognitive map of the bodily forces us to pay attention to embodied rationality. Addressing it allows us to overcome constructivism, focused exclusively on the discourse of the word, because our intelligence was also shaped in accordance with the form of body action. The authors turned to the problem of mode the visibility of ethics and posed a provocative question as follows: can the cognitive abilities of the bodily act as a basis for ‘construction the morality’ and occupy n equal position with verbal discourse? To solve this problem, the authors analyzed relevant scientific findings and their influence on the nature of the development of constructivist epistemology, studied the debate on the issue of ethics taking place among the representatives of constructivism, and, in particular, analyzed discussions on tools of the constructivism. At present, all ideas and works of constructivism must take into account bodily rationality as their obligatory component (in its general instrumental and methodological basis), and bodily rationality can serve as the basis for “constructing morality.”. (shrink)

With the aim of giving a naturalistic foundation to the notion of mental representation, Fred Dretske (1981;1988) has put forward and developed the idea that the relation between a representation and its intentional content is grounded on an informational relation. In this explanatory model, mental representations are conceived of as states of organisms which a learning process has selected to play a functional role: a necessary condition for fulfilling this role is that the organism or some proper part of it (...) (presumably situated in the brain) is a natural indicator of the occurrence of a determinate type of event in the environment of the organism (or in the organism but outside of the proper part serving as the indicator). A state of the organism is a natural indicator of a type of event if and only if it carries information about the occurrence of that type of event. Jerry Fodor (1987) has devised and followed another strategy which consists in considering the relation between a mental representation and its intentional object as a relation of lawful, or nomic, dependence. A representational state of an organism has an objective content in virtue of the existence of a relation of nomic dependence between this state - presumably a property of the brain of the organism - and some objective property in the world. This dependence also creates a regular correlation between the occurrences of representational states of a certain type and the states of affairs whose type is their representational content. Both approaches encounter indeterminacy problems: for each, there exist situations in which the explanatory model chosen - information flow or nomic dependence - does not succeed in selecting, purely on the basis of the constraints characteristic of that model, one out of several potential contents for a given representational state. In such cases, that state is related to more than one type of events in accordance with the informational or nomic constraints imposed by those theories. In what follows, I examine an attempt by Pierre Jacob (1997) to solve two problems of indeterminacy threatening the informational theory of mental representation. According to Jacob, one of these problems can be solved with the help of the distinction between the source which is the target of the information and the channel over which the information is transmitted, whereas the solution to the other problem requires the introduction of the concept of function. I shall begin with a consideration of the distinction, with respect to a situation of information transmission, between the source and the channel. I argue that both the source and the channel, and thus the information transmitted, depend not only on the external situation which characterises the source, the channel and the receiving organism, but also on the previous knowledge and the informational needs of the receiver. I then try to show that this relativity of information undermines the solution Jacob proposes to one of the problems of indeterminacy of representational content. Finally, I examine the possibility considered by Dretske and Jacob to solve this 'problem of the reference class' due to the mentioned relativity of information, by grounding the flow of information on lawful dependence instead of statistical dependence. I shall propose two arguments showing first that these two groundings are not equivalent and second that nomic dependence is inappropriate as a grounding for information flow. I conclude by suggesting that the problem of the reference class can be solved within the framework of the informational approach, on the condition of enriching it with functional considerations. (shrink)

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

Requirements of rationality, like the following, have recently been the focus of much discussion: (1) Rationality requires of S that, if S intends that e and believes that e will not be so unless S intends that m, then S intends that m. (2) Rationality requires of S that S not both believe p and believe not-p.1 How many requirements there are and how precisely to state them is a matter of controversy, but I will (...) focus on a different kind of controversy, namely, how to conceive of such requirements in general.2 I will start by sketching a picture of their general nature and role that I find compelling and attractive. My picture is not, however, consistent with many of the recent approaches to rational requirements in the literature. 3 As I will try to show, the arguments that are often made about rational requirements assume, mostly implicitly, that my picture is flawed. These arguments do not, however, or so I will claim, actually give us reason to reject my picture of rational requirements. Indeed, many of the puzzles about rational requirements taken up by others turn out not to really be puzzles once we realize that this alternative picture.. (shrink)

This essay explains Kant’s idea of autonomy of the will and advances a thesis about how it emerges in his moral conception. Kant defines “autonomy” as “the property of the will by which it is a law to itself…” and argues that the Categorical Imperative is that law. I take the autonomy of the will to mean that the nature of rational volition is the source of the formal principle that authoritatively governs rational volition. I give a sense to (...) this idea by pointing to an argument form found throughout the Groundwork and the second Critique where Kant moves from a conception of rational volition as a faculty to a statement of its formal principle. This idea of autonomy emerges in Kant’s moral conception (at the time he writes the Groundwork) as his solution to the problem of moral theory. Common sense assumes that moral requirements apply with unconditional necessity, and the problem of moral theory is to show how such requirements are possible. Kant’s resolution to this problem is to argue that the necessity of moral requirement is genuine only if based in autonomy of the will, only if based in a “law that arises from one’s will”. (shrink)

It is often held that authoritative directives are intended to serve as exclusionary reasons, meaning that their intended force is that those who are subject to them should not act on or be motivated by some of their other reasons for action. I argue that the exclusion found in two common domains (practical rationality and non-instrumental moral duties) differs too much in character from authoritative exclusion to plausibly serve as its single source. I argue that a better account (...) of authoritative exclusion can be constructed by combining those two sources, providing support for what I describe as a moralized version of Joseph Raz’s normal justification thesis, which understands obedience to authority as a requirement of instrumental morality rather than instrumental rationality. (shrink)