We make three points. First, the concept of productance value that the authors propose in their defense of color physicalism fails to do the work for which it is intended. Second, the authors fail to offer an adequate physicalist account of what they call the hue-magnitudes. Third, their answer to the problem of individual differences faces serious difficulties.

Contrary to some well-known views in cognitive science and the philosophy of mind, in general it is not the case that the felt character of sensory experiences is determined by the information that these experiences pick up, or represent, about the world. In this dissertation I shall focus on a particular sensory modality, namely color vision, to support this thesis. ;Recently there has arisen a strong and popular view of phenomenal consciousness according to which the two fundamental problems about the (...) mind: intentionality and phenomenal experience, can be traced back to just one: intentionality. On this view, the phenomenal aspect of experience is a special case of intentionality, or our mental states' carrying information about the external world. For instance, when we see the colors of objects, we see, in a direct and transparent way, exactly those kinds of properties that the external objects have. Not only are the colors of objects causally responsible for our experiences as of color, object colors crucially determine what is called the phenomenal character of color experience. ;In this dissertation I shall argue that this view of color experience---the view called representational externalism---cannot be correct. I shall argue that from the empirical facts about object color and color vision we need not conclude that object colors do not exist, hence color vision is a grand illusion, however, we do have to conclude from these facts that though object colors are the causes of our color experience, what it is like to see the colors is not, in any theoretically interesting sense, determined by the colors themselves. To the contrary, what it is like to see the colors is crucially determined by how our color vision systems are constructed. In this dissertation I offer two independent arguments to support this claim. (shrink)

In this paper I offer an explanation of the ineffability (linguistic inexpressibility) of sensory experiences. My explanation is put in terms of computational functionalism and standard externalist theories of representational content. As I will argue, many or most sensory experiences are representational states without constituent structure. This property determines both the representational function these states can serve and the information that can be extracted from them when they are processed. Sensory experiences can indicate the presence of certain external states of (...) affairs but they cannot convey any more information about them than that. So, format- or code-conversion mechanisms that link different systems of representation (linguistic and perceptual) to each other will fail to extract any relevant information from sensory experiences that could be coded in language. They only way to establish specific roles for sensory experiences in communication and the organization of behavior is to attach to them, by associative links, words, or other behavioral responses. If a sensory experience has no linguistic label associated to it in a particular subject, then no linguistic description can token, or activate, that state in the subject. In other words, no linguistic description can cause a subject to undergo an unlabeled perceptual state. On the contrary, complex, or syntactically structured perceptual states can be built up, on the basis of descriptions, by mechanisms of constructive imagination (conceived here as one sort of format conversion). It is this difference between complex and unstructured representational states that gives us an understanding of the phenomenon we call the ineffability of qualia. (shrink)

Quinian bootstrapping is Susan Carey's solution to Fodor’s paradox of concept learning. Carey claims that contrary to Fodor’s view, not all learning amounts to hypothesis testing, and that there are ways in which even primitive concepts can be learned. Recently Georges Rey has argued that Carey’s attempt to refute radical concept nativism is unsuccessful. First it cannot explain how the expressive power of mental representational systems could increase due to learning. Second, both Fodorian circularity charges and Goodmanian problems of indeterminacy (...) apply to Carey’s examples of Quinian bootstrapping. I argue that Carey’s examples of bootstrapping can be amended to escape Fodorian and Goodmanian objections. I suggest some ways to improve on our models of concept learning to this end. I also argue that skill learning is the way for mental representational systems to increase their own expressive power, that is, to enrich their conceptual repertoire beyond what compositionality alone affords. (shrink)

A stubborn problem for reflectance physicalism about color is to account for individual differences in normal trichromat color perception. The identification of determinate colors with physical properties of visible surfaces in a universal, perceiver-independent way is challenged by the observation that the same surfaces in identical viewing conditions often look different in color to different human subjects with normal color vision. Recently, leading representatives of reflectance physicalism have offered some arguments to defend their view against the individual differences challenge. In (...) this paper I challenge their defense. I argue thateven though individual differences are present in shape perception as well as in color perception, the mechanisms of shape perception and those of color perception differ in ways which make them completely different regarding their evidential status for certain identity claims. Thus comparing color perception to shape perception offers no support for identifying hues with reflectances. On the other hand, drawing a parallel between the temperature-mean kinetic energy of molecules (MKE) identification and the proposed hue-reflectance identities is no support for reflectance physicalism either, since there is an important disanalogybetween the two cases. While individual differences obtain in color perception, the effects of temperature (e.g., melting, thermal expansion) do not exhibit analogous variation, which makes the temperature-MKE identification unproblematic compared to the hue-reflectance identification. One motivation for this ongoing debate is that the success or failure of reflectance physicalism has far-reaching consequences regarding externalist theories of phenomenal consciousness. (shrink)

This is a commentary on Laurence Maloney’s chapter in Mausfeld R., and Heyer, D. (Eds.): Colour Perception: Mind and the Physical World. Oxford: Oxford University Press, 2003. I discuss two related proposals as to the nature of object color formulated by Maloney. On the first proposal colors are photoreceptor excitations; on the second, they are fundamental, universal reflectance characteristics of terrestrial surfaces. I argue that the second proposal is suitable for purposes of color objectivism, whereas the first one is not. (...) However, if we look at Maloney’s – and Brian Wandell’s – models of color vision and color constancy more thoroughly, not even the second version supports absolutist versions of color objectivism, according to which observer-independent reflectance properties determine, or are identical to, the phenomenal character of color experience. (shrink)

In this paper I argue that there are problems with the foundations of the current version of physicalism about color. In some sources laying the foundations of physicalism, types of surface reflectance corresponding to (veridical) color perceptions are characterized by making reference to properties of the observer. This means that these surface attributes are not objective (i.e. observer-independent). This problem casts doubt on the possibility of identifying colors with types of surface reflectance. If this identification cannot be maintained, that in (...) turn threatens representationalist theories of phenomenal consciousness: there remains no objective, observer-independent property that color experiences represent - hence no representational content, in terms of semantic externalism, can be attributed to color experiences. I offer an alternative account of color and conclude that further empirical study is required to do justice to the basic claims of color physicalism. (shrink)

In this paper I shall defend a projectivist view of sensory experience. The case I shall focus on is that of color experience. Projectivism has recently been criticized by some authors who claim that it is unintelligible, or at least implausible, and that it makes a severe category mistake. I shall argue that despite some prima facie impressions of implausibility, projectivism can be made intelligible, and plausible, if its details are spelled out in a reasonable way. In addition, projectivism is (...) ubiquitous in human psychology, and certain cases of projection are reasonably viewed as making a category mistake. Viewed from this perspective, sensory projection is just one instance of projectivism, brought about by low-level perceptual processing. Whether sensory projection is one that makes a category mistake is not obvious. However, even if it does, this is perfectly compatible with the evolutionary advantage of sensation and perception. (shrink)

A traditional explanation that dates back to Aristotle is that we access color in one perceptual modality only, whereas shape we perceive via two different modalities: visual and tactile. Two independent modalities make possible a verification of our percepts which is not possible for qualities accessed in one modality only.

A stubborn problem for reflectance physicalism about color is to account for individual differences in normal trichromat color perception. The identification of determinate colors with physical properties of visible surfaces in a universal, perceiver-independent way is challenged by the observation that the same surfaces in identical viewing conditions often look different in color to different human subjects with normal color vision. Recently, leading representatives of reflectance physicalism have offered some arguments to defend their view against the individual differences challenge. In (...) this paper I challenge their defense. I argue thateven though individual differences are present in shape perception as well as in color perception, the mechanisms of shape perception and those of color perception differ in ways which make them completely different regarding their evidential status for certain identity claims. Thus comparing color perception to shape perception offers no support for identifying hues with reflectances. On the other hand, drawing a parallel between the temperature-mean kinetic energy of molecules (MKE) identification and the proposed hue-reflectance identities is no support for reflectance physicalism either, since there is an important disanalogybetween the two cases. While individual differences obtain in color perception, the effects of temperature (e.g., melting, thermal expansion) do not exhibit analogous variation, which makes the temperature-MKE identification unproblematic compared to the hue-reflectance identification. One motivation for this ongoing debate is that the success or failure of reflectance physicalism has far-reaching consequences regarding externalist theories of phenomenal consciousness. (shrink)

The phenomenal character of conscious experience has long been regarded as the major problem for physicalist accounts of consciousness. In recent years, defenders of physicalism have typically been relying on the so-called Phenomenal Concept Strategy to avoid dualism. In this paper, we argue with PCS that cognitive-physicalistic explanations can account for the peculiarities of phenomenal character. However, we think that the conceptual features PCS investigates are not the genuine causes of the special characteristics of phenomenal consciousness but only symptoms, which (...) can themselves be explained in terms of the features of the sensory-perceptual representations underlying conscious experiences, namely that some, but not all, of these states are representationally unstructured. (shrink)

We present a cognitive-physicalist account of phenomenal consciousness. We argue that phenomenal concepts do not differ from other types of concepts. When explaining the peculiarities of conscious experience, the right place to look at is sensory/ perceptual representations and their interaction with general conceptual structures. We utilize Jerry Fodor’s psycho- semantic theory to formulate our view. We compare and contrast our view with that of Murat Aydede and Güven Güzeldere, who, using Dretskean psychosemantic theory, arrived at a solution different from (...) ours in some ways. We have suggested that the representational atomism of certain sensory experiences plays a central role in reconstructing the epistemic gap associated with conscious experience, still, atomism is not the whole story. It needs to be supple- mented by some additional principles. We also add an account of introspection, and suggest some cognitive features that might distinguish representational atoms with phenomenal character from those without it. (shrink)

In this chapter, data concerning the development of principal aspects of vision is reviewed. First, the development of colour vision and luminance perception is discussed. Relevant data accumulated so far indicates that perception of colour and luminance is present by 6-9 months of age. The presence of typical color illusions at this age suggests that the phenomenal character of color experience is comparable to that of adults well before the first birthday. Thus it seems plausible that color perception develops on (...) the grounds of genetically preprogrammed maturation, in which perceptual learning and plasticity play a limited role. This claim also seems to be supported by case studies of newly sighted patients. On the other hand, perceptual integration of edges and forms in the visual environment as well as the development of binocular vision, and the perception of ambiguous figures seem to depend crucially on early perceptual learning. Both developmental and clinical data indicate a more significant involvement of perceptual learning in such mid-level and higher level perceptual phenomena. (shrink)

We propose a way to achieve across-population sharing within the authors' model in a way that is plausibly in accordance with human evolution, and also a simple way to capture ecological structure. Finally, we briefly reflect on the model's scope and limits in modeling linguistic communication.

Zoltan Jakab has presented an interesting conceptual analysis of the ineffability of qualia in a functionalist and classical cognitivist framework. But he does not want to commit himself to a certain metaphysical thesis on the ontology of consciousness or qualia. We believe that his strategy has yielded a number of highly relevant and interesting insights, but still suffers from some minor inconsistencies and a certain lack of phenomenological and empirical plausibility. This may be due to some background assumptions relating (...) to the theory of mental representation employed. Jakab. (shrink)

In this article Zoltán Somhegyi investigates the aesthetic qualities of Northern landscape representations, with a special focus on how contemporary examples are connected to classical ones. First he examines the history of the aesthetic appreciation of these sites, starting from their early modern reception and from the differentiation of “Northern” and “Mediterranean” landscapes: while the Mediterranean ones were highly valued already from the 15th–16th centuries on, the “wilder” Northern landscapes were admired mainly from Romanticism onwards. This has, among others, (...) an aesthetichistorical reason, namely the birth of the category of the sublime; and in this case the harmonious Mediterranean landscapes and the irregular yet impressive Northern ones relate to each other as the category of beautiful does to the sublime. This is why from Romanticism on Northern landscapes became not only aesthetically valuable, but even more capable than the Southern ones to move the spectator. This is especially because, from a gnoseological point of view, the landscape might be a place – and the landscape representation a means – of self-interpretation. The historical overview is then used to better understand some of the most important characteristics of contemporary Northern landscape interpretations and representations from leading artists of the region, which are analysed in the second part of the article. (shrink)

This article focuses on the perception of the importance of business ethics among Czech and Slovak entrepreneurs (this includes business owners and managers) within the SME sector. The comparison is based on an analysis of the approach to business ethics according to a set of parameters, namely company size, years in business, and the gender and education of the entrepreneurs. Empirical research was conducted in 2020 on a sample set consisting of 454 respondents in the Czech Republic and 368 respondents (...) in Slovakia. The most important outcome of the research was the finding that business ethics is considered extremely important in both countries. The research results not only revealed that just over 90% of Czech entrepreneurs and 88% of Slovak entrepreneurs within the SME sector agreed that they should take into account the moral and ethical consequences of their decisions, but that the structure of their answers was very similar. Also, of interest were the findings that women were more aware of business ethics than their male counterparts, as were those entrepreneurs who possessed a higher education over those with a secondary education. (shrink)

Combining up-to-date scholarship with clear and accessible language and helpful exercises, Metaphor: A Practical Introduction is an invaluable resource for all readers interested in metaphor. This second edition includes two new chapters--on 'metaphors in discourse' and 'metaphor and emotion' --along with new exercises, responses to criticism and recent developments in the field, and revised student exercises, tables, and figures.

An accessible and illuminating exploration of the conceptual basisof scientific and statistical inference and the practical impact this has on conducting psychological research. The book encourages a critical discussion of the different approaches and looks at some of the most important thinkers and their influence.

How do we make sense of our experience? In order to understand how we construct meaning, the varied and complex relationships among language, mind, and culture need to be understood. While cognitive linguists typically study the cognitive aspects of language, and linguistic anthropologists typically study language and culture, Language, Mind, and Culture is the first book to combine all three and provide an account of meaning-making in language and culture by examining the many cognitive operations in this process. In addition (...) to providing a comprehensive theory of how we can account for meaning making, Language, Mind, and Culture is a textbook for anyone interested in the fascinating issues surrounding the relationship between language, mind, and culture. Further, the book is also a "practical" introduction: most of the chapters include exercises that help the student understand the theoretical issues. No prior knowledge of linguistics is assumed, and the material is accessible and useful to students in a variety of other disciplines, such as anthropology, English, sociology, philosophy, psychology, communication, rhetoric, and others. Language, Mind, and Culture helps us make sense of not only linguistic meaning but also of some of the important personal and social issues we encounter in our lives as members of particular cultures and as human beings. (shrink)

No scientific conclusion follows automatically from a statistically non-significant result, yet people routinely use non-significant results to guide conclusions about the status of theories (or the effectiveness of practices). To know whether a non-significant result counts against a theory, or if it just indicates data insensitivity, researchers must use one of: power, intervals (such as confidence or credibility intervals), or else an indicator of the relative evidence for one theory over another, such as a Bayes factor. I argue Bayes factors (...) allow theory to be linked to data in a way that overcomes the weaknesses of the other approaches. Specifically, Bayes factors use the data themselves to determine their sensitivity in distinguishing theories (unlike power), and they make use of those aspects of a theory’s predictions that are often easiest to specify (unlike power and intervals, which require specifying the minimal interesting value in order to address theory). Bayes factors provide a coherent approach to determining whether non-significant results support a null hypothesis over a theory, or whether the data are just insensitive. They allow accepting and rejecting the null hypothesis to be put on an equal footing. Concrete examples are provided to indicate the range of application of a simple online Bayes calculator, which reveal both the strengths and weaknesses of Bayes factors. (shrink)

The spillovers in knowledge among largely college-educated workers were among the key reasons for the impressive degree of economic growth and spread of entrepreneurship in the United States during the 1990s. Prior 'industrial policies' in the 1970s and 1980s did not advance growth because these were based on outmoded large manufacturing models. Zoltan Acs and Catherine Armington use a knowledge spillover theory of entrepreneurship to explain new firm formation rates in regional economies during the 1990s period and beyond. The fastest-growing (...) regions are those that have the highest rates of new firm formation, and which are not dominated by large businesses. The authors of this text also find support for the thesis that knowledge spillovers move across industries and are not confined within a single industry. As a result, they suggest, regional policies to encourage and sustain growth should focus on entrepreneurship among other factors. (shrink)

Where do we recruit novel and unconventional conceptual materials from when we speak, think and act metaphorically, and why? This question has been partially answered in the cognitive linguistic literature but, in my view, a crucial aspect of it has been left out of consideration or not dealt with in the depth it deserves: it is the effect of various kinds of context on metaphorical conceptualization. Of these, I examine the following: (1) the immediate physical setting, (2) what we know (...) about the major entities participating in the discourse, (3) the immediate cultural context, (4) the immediate social setting, and (5) the immediate linguistic context itself. I suggest that we recruit conceptual materials for metaphorical purposes not only from bodily experience but also from all of these various contexts. Since the contexts can be highly variable, the metaphors used will often be variable, novel, and unconventional. The phenomenon can be observed in both everyday forms of language and literary texts. (shrink)

Subjects exposed to strings of letters generated by a finite state grammar can later classify grammatical and nongrammatical test strings, even though they cannot adequately say what the rules of the grammar are (e.g., Reber, 1989). The MINERVA 2 (Hintzman, 1986) and Medin and Schaffer (1978) memory‐array models and a number of connectionist outoassociator models are tested against experimental data by deriving mainly parameter‐free predictions from the models of the rank order of classification difficulty of test strings. The importance of (...) different assumptions regarding the coding of features (How should the absence of a feature be coded? Should single letters or digrams be coded?), the learning rule used (Hebb rule vs. delta rule), and the connectivity (Should features be predicted only by previous features in the string, or by all features simultaneously?) is investigated by determining the performance of the models with and without each assumption. Only one class of connectionist model (the simultaneous delta rule) passes all the tests. It is shown that this class of model can be regarded by abstracting a set of representative but incomplete rules of the grammar. (shrink)

This is the first systematic survey of modern nominalistic reconstructions of mathematics, and for this reason alone it should be read by everyone interested in the philosophy of mathematics and, more generally, in questions concerning abstract entities. In the bulk of the book, the authors sketch a common formal framework for nominalistic reconstructions, outline three major strategies such reconstructions can follow, and locate proposals in the literature with respect to these strategies. The discussion is presented with admirable precision and clarity, (...) and should be accessible even to readers with only minimal background in logic and mathematics. There will be many who will turn directly to these pages and use them as a brief manual on the state of the art of nominalism in mathematics. But the most intriguing parts of this elegant book—at least in my view—are the introduction and the conclusion, where the authors examine the significance of reconstructive nominalism. (shrink)

Journal Name: Cognitive Linguistics Issue: Ahead of print.

We explore three methods for measuring the conscious status of knowledge using the artificial grammar learning paradigm. We show wagering is no more sensitive to conscious knowledge than simple verbal confidence reports but is affected by risk aversion. When people wager rather than give verbal confidence they are less ready to indicate high confidence. We introduce a “no-loss gambling” method which is insensitive to risk aversion. We show that when people are just as ready to bet on a genuine random (...) process as their own classification decisions, their classifications are still above baseline, indicating knowledge participants are not aware of having. Our results have methodological implications for any study investigating whether people are aware of knowing. (shrink)

Do metonymies play any role in the emergence of metaphors? There is a debate between scholars who suggest that many metaphors are based on, or derive from, metonymies, versus those who do not see such connection between the two. “Resemblance metaphors” do not seem to have anything to do with metonymy. However, in the case of “correlation metaphors” (see, e.g., CitationGrady, 1997a, Citation1997b, Citation1999; CitationLakoff & Johnson, 1980, Citation1999), several researchers argue that metaphors arise from, and are not independent of, (...) metonymies. My specific proposal in the article is that correlation-based metaphors emerge from frame-like mental representations through a metonymic stage. I suggest this happens when one of the elements of a frame-like mental structure is generalized (schematized) to a concept that lies outside the initial frame in a different part of the conceptual system. The generalization process leads to sufficient conceptual distance between the initial and the new frame on which metaphors can be based. (shrink)

Grodzinsky's hypotheses need different theories of grammar for comprehension and for production. These predictions are undesirable. Hungarian data are incompatible with the Trace Deletion Hypothesis.

If the task of constitutional theory is to set out a language in which the discourse of constitutional law may be grounded, a question of the utmost importance is how this terminology is created, defined and interpreted. In this groundbreaking new work, András Jakab maps out and analyses the grammar and vocabulary on which the core European traditions of constitutional theory are based. He suggests understanding key constitutional concepts as responses to historical and present day challenges experienced by European (...) societies. Drawing together a great and diverse range of literature, much of which has never before been touched upon by scholarship in the English language, Jakab reconceptualises and argues for a new understanding of European constitutional law discourse. In so doing he shines new light on what constitutes its distinctively European nature. This remarkable book is essential reading for all scholars and students of constitutional theory in Europe and beyond. (shrink)

The paper examines the so-called principle of all-affected interests (PAAI), which holds that political decisions ought to be made in such a manner that all those whose interests are affected by them have appropriate opportunity to participate in them. In conjunction with factual observations regarding global economic interdependence, the PAAI is frequently proposed as the normative premise of arguments for global democracy. The paper argues that these arguments underspecify the supposed wrong of affectedness. It argues that the perceived wrongness of (...) some situations of being affected without an opportunity to participate can be fully captured in terms of inequality rather than exclusion. (shrink)

A central puzzle of contemporary moral and political philosophy is that while most of us believe that all or almost all human beings enjoy the same moral status, human beings possess the capacities that supposedly ground moral status to very unequal levels. This paper aims to develop a novel strategy to vindicate the idea of moral equality against this challenge. Its central argument is that the puzzle emerges only if one accepts a usually unstated theoretical premise about value and the (...) proper response to value. The premise holds that if the presence of a valuable property warrants a certain kind of response towards its bearers, then every variation in the degree to which the property is present necessarily constitutes a reason for a corresponding variation in the response that is warranted towards its bearers. It argues that despite its intuitive appeal, the premise is not plausible as a general view about the proper way of responding to value, and as a view about responding to the value of rational beings in particular. It proposes an account of the proper manner of valuing rational beings that supports a distinctive version of the so-called threshold approach to justifying equal moral status. (shrink)

The implicit-explicit distinction is applied to knowledge representations. Knowledge is taken to be an attitude towards a proposition which is true. The proposition itself predicates a property to some entity. A number of ways in which knowledge can be implicit or explicit emerge. If a higher aspect is known explicitly then each lower one must also be known explicitly. This partial hierarchy reduces the number of ways in which knowledge can be explicit. In the most important type of implicit knowledge, (...) representations merely reflect the property of objects or events without predicating them of any particular entity The dearest cases of explicit knowledge of a fact are representations of one's own attitude of knowing that fact. These distinctions are discussed in their relationship to similar distinctions such as procedural-declarative, conscious unconscious, verbalizable-nonverbalizable, direct-indirect tests, and automatic voluntary control. This is followed by an outline of how these distinctions can be used to integrate and relate the often divergent uses of the implicit-explicit distinction in different research areas. We illustrate this for visual perception, memory, cognitive development, and artificial grammar learning. (shrink)

Sandberg et al. show that the Perceptual Awareness Scale scale is sensitive compared to confidence ratings and wagering in detecting accurate perception. They go on to argue that the PAS scale is hence a sensitive measure of conscious perception compared to confidence ratings, a claim disputed here. The fact that some visual content is conscious does not entail that the visual content relevant to making a discrimination is conscious. For example, if one saw a square but was only aware of (...) seeing a flash of something, then one has not consciously seen a square. When PAS and confidence ratings come in conflict, we suggest that it is confidence ratings that more reliably indicate the conscious status of contents allowing discrimination. (shrink)

This chapter explores the relational critique of distributive conceptions of justice, according to which the proper focus of egalitarian justice is the egalitarian nature of social relations rather than the equal distribution of certain goods. It maintains that the relational critique constitutes a fundamental challenge to distributive egalitarianism only if it rejects the “core distributive thesis” that holds that the distribution of some nonrelational goods has relation-independent significance for justice. It argues that several relational proposals are compatible with that thesis, (...) and therefore constitute extensions or revisions of the distributive conception rather than alternatives to it, and that those relational views that reject the core distributive thesis are the least plausible ones. Finally, the chapter shows that relational views are often ambiguous regarding the nature of the significance of egalitarian relations, i.e. whether it consists in their contribution to well-being, or in being the fitting response to equal moral status. (shrink)

In this article, I discuss the concepts of social position and social status, the types of social position, as well as the determinedness of social statuses by the given positions in a new approach. In the first, introductory part of the article, I emphasize that the institutional sociological conception of social position in my approach is relatively closest to the structuralist position conception. In the second part, I introduce two different concepts, labelled social position and social status, and briefly review (...) the social determinedness of social status. In the third part, social positions are typified from the point of view of the two components of social position: on the one hand, from that of social power relations and on the other from that of interest relations. I point out that the different social positions promote the realization of interests to different degrees, that is, they make it possible to attain different social statuses. In a related article, I illustrate the concepts and connections in question with a case study carried out on an industrial shop floor. (shrink)

The Stufenbaulehre is a central and founding element of the Pure Theory of Law . Most of the criticism on SL targets the idea of the basic norm , however unjustified. This criticism stems from a misunderstanding of the presumptive character of the basic norm and of the whole legal order. Others have criticised the relativisation of the difference between individual and general norms, Kelsen's monism, and the determination of the validity of a norm by a single other norm. This (...) can be refuted as well - either because their critique does not concern an essential part of SL , or because SL can be saved by making a small modification to it. However, there is one lethal criticism. It concerns the founding thought of the whole SL, i.e. the derivation of validity. In a law-making process, there is never a derivation of validity: the logical result of a law-making process is only a norm saying ,,The new norm ought to be valid.“ Whether the new norm is in fact valid, is a question of efficacy in the realm of the Ought . This has serious consequences: Without this derivation SL can not survive, and without SL, PTL can not survive either. Some valuable parts of PTL might be used in other legal theories, but these are nothing but transplanted organs from the dead body of PTL whose heart - SL - can no longer keep the body alive. (shrink)