This chapter contains sections titled: I II.

In lieu of an abstract, here is a brief excerpt of the content:Philosophy, Psychiatry, & Psychology 9.4 (2002) 353-358 [Access article in PDF] The Application of Nondual Epistemology to Anomalous Experience in Psychosis Caroline Brett THE COMMENTARIES PROVIDED by Marzanski and Bratton, and McGhee have drawn my attention to several ways in which my analysis could benefit from clarification or supplementation, and the range of the specific phenomena to which it can be applied. Since writing this paper nearly 3 (...) years ago, my own views of the area have developed, and in some aspects, shifted; nevertheless, within this response I shall comment on the specific aspects of the original paper that I feel may have been misunderstood or overlooked by the commentators, and those aspects that benefit from the broader perspective they provided.To clarify the direction of the original paper: I would describe it as an attempt to make a deeper examination of processes involved in some kinds of anomalous experience than is provided by the "cognitive problem-solving model"; in other words, to supplement rather than challenge or undermine this perspective. Moreover, the focus is intended to be more on identifying the point at which the experience, or the response to the experience (more on the relation between these two below) becomes pathological, than on cleanly distinguishing a psychotic state from a mystical one. However, because I do use these terms contrastively throughout the paper, I concede that these aims become blurred and may in fact be indistinguishable.Third, the paper concerns only a relatively narrow arena of both mystical and psychotic phenomenology, selected for the purpose of a tight conceptual analysis and comparability, and possibly suffers a lack of generalizability or scope of application as a result. Most notably, I leave aside the paranoid or persecutory interpretative framework often seen as paradigmatic of the psychotic state (although a brief mention of how emotionally relevant themes may arise out of anomalous cognition is included), focussing instead on the more "Schneiderian" aspects of psychotic phenomenology, in which there is a self-observed alteration of normal experience. 1 It may be an important point of contrast that I do not specifically focus on "hallucinations, voices, and visions" as described by McGhee and, to an extent, Jackson and Fulford. It may also be worth [End Page 353] flagging up the fact that I do not focus on "delusional beliefs" at all, instead choosing to focus on the "delusional mood," which notably does not involve crystallized delusions as such. As a result, the main aim is not to compare two descriptively defined states of mind, as seems to be suggested by McGhee in his commentary, but rather to see to what extent a certain form of experience can be understood within a particular epistemological structure, and the implications of this.Further to this issue, Marzanski and Bratton raise an objection to a view in which a common core of mystical experience is posited; one which could be identified interculturally and independently of "the language and tradition in which the self is formed." They make an important point that the perspective gained by applying the epistemology of Zen Buddhism or Advaita Vedanta may have no authority in helping to understand the locus of pathology in anomalous experiences that have occurred in an individual who is not established in these cultures or traditions or for a person who does not accept these epistemologies in the first place. The issue of the existence of some core mystical experiences that are translated into religious experiences in different cultures is a matter of comparative religion and theology, and outside the scope of this paper (although my own opinion is that such a core exists). In the absence of any argument to support this opinion, it must be conceded that this may severely limit the applicability of my analysis, especially if irreconcilable differences are thought to exist between the epistemologies of, for example, theistic and monistic philosophies. However, I would suggest that whatever wisdom can be gleaned from the various spiritual doctrines in existence around the world with regard to unusual and/or distressing states of mind should be absorbed where... (shrink)

Recent conceptual developments in the psychology of gender can be productively applied to understanding two facets of emotion: the biological manifestation of emotion and the psychological embodiment of emotion. Gender researchers distinguish between sex, the biologically based categories of female and male and gender, the psychological features that are often associated with biological states and that involve social categories rather than biological categories. In other words, the term sex is used to refer to the physical fact of primary and (...) secondary sex characteristics; the term gender is used to refer to a psychological and cultural construct, a loose translation of sex into social terms. It is proposed that two analogous facets of emotion can be identified, namely, one which is comprised of emotion's hardwired, pan-cultural, developmentally persistent qualities, the analogue to sex. The second, constructed aspect of emotion is the analogue to gender. Six dimensions on which sex and gender can be contrasted are described, and the application of each to the study of emotion is discussed. (shrink)

This survey was conducted in 2017 to investigate factors influencing social risk perception of biotechnologists and plant breeders in training toward GM food based on a conceptual model. A random sample of 210 biotechnologists and plant breeders in training was studied. Confirmatory factor analysis and the reliability tests have been used to verify the uni-dimensionality of the measurement scale, SEM also was carried out to determine the most parsimonious models with the best fit for social risk perception of GM foods (...) and path analysis was conducted to understand the exogenous variables introduced in the research model. The findings revealed that the engineers in training had moderate social risk perception regarding GM foods. Moreover, the results of structural equation modeling showed the capability of the model in predicting the social risk perceptions of engineers in training. The psychological attributes of risks, social benefit perception, attitude toward using technology, level of religiosity, and moral and ethical beliefs emerged as the most powerful predictors of the social risk perception. The social benefit perception and attitude toward using technology also mediated the effects of psychological attributes of risks, level of religiosity, and moral and ethical beliefs. The social benefit perception also had an indirect influence on the engineers in training’s social risk perception of GM foods. Finally, we recommend the application of the model developed by this study for better understanding of social risk perception of stakeholders to have a more informed view of the development and promotion of GM foods. (shrink)

When you type the word “serendipity” in a word-processor application such as Microsoft Word, the autocorrection engine suggests you choose other words like “luck” or “fate”. This correcting act turns out to be incorrect. However, it points to the reality that serendipity is not a familiar English word and can be misunderstood easily. Serendipity is a very much scientific concept as it has been found useful in numerous scientific discoveries, pharmaceutical innovations, and numerous humankind’s technical (...) and technological advances. Therefore, there have been many books written around the concept. So why do we need this additional book? This is not just another book about serendipity. It has evolved from the Editor’s question lingering for a decade after finishing his widely cited article (coauthored with Prof. Nancy K. Napier of Boise State University, ID, USA) “Serendipity as a strategic advantage?” in T. Wilkinson’s edited volume Strategic Management in the 21st Century, published by Praeger. The Editor and contributing authors have tried to achieve the following in this title. Demystifying the Serendipity Myth The phenomenon of serendipity has always been thought of as a “miracle”. It is the mystery of human innovation and one of the ultimate secrets of our society. But serendipity is not just a lucky coincidence nor any hidden conspiracy. This book explores the science of the information process behind this seemingly miraculous phenomenon. It connects human society with nature, going back to the root of our existence and looking at the flame of survival to discover the harmony in making creativity. Presenting the nuts and bolts of being an adventurer of science The authors present their conceptual investigations into serendipity’s nature and its mechanism by examining interesting real events and stories. The content is thought-provoking, and readers are led to question and explore their own life stories and problems along the journey of reading this book. Catching an elusive high-value target requires great strategies and efforts. But there are no dark secrets here because this is the “way of nature” – how we humans have always strived for innovation without realizing the blueprints behind such processes. Unlike other books on serendipity, this book will show you that a powerful “secret” is closer than you think. Delivering practical uses for different audiences By understanding the conditionality and survival drivers of serendipity, individuals or organizations can make better decisions on creating the right environment to facilitate the encounter and attainment of this valuable phenomenon. For scientists: With clear explanations of the information processes underlying serendipity, flexible theoretical frameworks of mindsponge and the 3D principle of creativity, researchers are provided with the tools they need to dig deeper into their own fields of study and find practical applications, be it psychology, economics, sociology, or anything that involves innovation (which is, in fact, every scientific discipline). For curious casual readers: Everybody needs innovation to make breakthroughs or spice up one’s life. If you think great ideas come to people randomly from an unknown fairy place, this book will convince you otherwise without taking away that awe and wonder. But above all, you will know how to become more creative, scientifically and straightforwardly, with no snake oil and no weird tricks. For ambitious business people: The flame that brought about great successes throughout human history is within you. But you can only use it if you understand it. While others wait for serendipity to come, you will be able to actively hunt for those precious moments. As it has always been: the best hunters triumph, not the passive wanderers. And in this age of information chaos, finding the golden fruits is not easy. Those from information technology know this problem well, and this book is the treasure map that they have been seeking to navigate that stormy ocean looking for jewels. Like a kingfisher tracking its prey through the water, waiting to gracefully strike, with serendipity, a person seizes the prize of creativity amid the chaos of life. ¤ ¤ ¤ Official introduction: The book explores the nature, underlying causes, and the information processing mechanism of serendipity. It proposes that natural or social survival demands drive serendipity, and serendipity is conditional on the environment and the mindset, on both individual and collective levels. From Darwin's evolution theory to Sun Tzu's war tactics, major innovations throughout human history are unified by this key concept. In the rapidly changing world, information is abundant but rather chaotic. The adaptive power of serendipity allows people to notice treasures within this wild sea, but only for those who understand how it works. To increase the probability of encountering and attaining serendipity, one should employ the mindsponge mechanism and the 3D process of creativity, for without these frameworks, serendipity is truly an elusive target. The book also discusses methods to build environments and cultures rich in navigational and useful information to maximize the chance of finding and capitalizing on serendipity. As a skill, serendipity has a resemblance to how kingfishers observe and hunt their prey. (shrink)

We model a piece of text of human language telling a story by means of the quantum structure describing a Bose gas in a state close to a Bose–Einstein condensate near absolute zero temperature. For this we introduce energy levels for the words (concepts) used in the story and we also introduce the new notion of ‘cogniton’ as the quantum of human thought. Words (concepts) are then cognitons in different energy states as it is the case for photons in different (...) energy states, or states of different radiative frequency, when the considered boson gas is that of the quanta of the electromagnetic field. We show that Bose–Einstein statistics delivers a very good model for these pieces of texts telling stories, both for short stories and for long stories of the size of novels. We analyze an unexpected connection with Zipf’s law in human language, the Zipf ranking relating to the energy levels of the words, and the Bose–Einstein graph coinciding with the Zipf graph. We investigate the issue of ‘identity and indistinguishability’ from this new perspective and conjecture that the way one can easily understand how two of ‘the same concepts’ are ‘absolutely identical and indistinguishable’ in human language is also the way in which quantum particles are absolutely identical and indistinguishable in physical reality, providing in this way new evidence for our conceptuality interpretation of quantum theory. (shrink)

We model a piece of text of human language telling a story by means of the quantum structure describing a Bose gas in a state close to a Bose–Einstein condensate near absolute zero temperature. For this we introduce energy levels for the words used in the story and we also introduce the new notion of ‘cogniton’ as the quantum of human thought. Words are then cognitons in different energy states as it is the case for photons in different energy states, (...) or states of different radiative frequency, when the considered boson gas is that of the quanta of the electromagnetic field. We show that Bose–Einstein statistics delivers a very good model for these pieces of texts telling stories, both for short stories and for long stories of the size of novels. We analyze an unexpected connection with Zipf’s law in human language, the Zipf ranking relating to the energy levels of the words, and the Bose–Einstein graph coinciding with the Zipf graph. We investigate the issue of ‘identity and indistinguishability’ from this new perspective and conjecture that the way one can easily understand how two of ‘the same concepts’ are ‘absolutely identical and indistinguishable’ in human language is also the way in which quantum particles are absolutely identical and indistinguishable in physical reality, providing in this way new evidence for our conceptuality interpretation of quantum theory. (shrink)

In this book, I will discuss three main topics: the roots and aims of scientific knowledge, scientific knowledge in society, and science and values I understand scientific knowledge as being a planned and continuous production of the general and common knowledge of scientific communities. I begin my discussion with a brief analysis of the main differences between sciences, on the one hand, and everyday experience, philosophies, religions, and ideologies, on the other. I define the concept of science as a set (...) of family resemblances (in Wittgenstein's sense). The sciences can be distinguished along three lines, in terms of the difference between empirical and non-empirical sciences, differences in degrees of theoretical and methodological structure among individual sciences and scientific disciplines. Scientific knowledge is based upon some grounds, paradigmatic knowledge bases. Scientific knowledge is founded on a unified paradigmatic knowledge base. The latter includes fundamental theories, basic facts, generally accepted empirical regularities (laws), scientific research methods, scientific explanations, and established relations to other sciences. Scientific knowledge in general is defined well in classical terms by the definition that knowledge is a true and rationally-justified belief. In this connection, scientific truth is relative, depending on the given paradigmatic knowledge base and on the precision and accessibility of the measurements and observations involved. In the book's first part, I consider the production and testing of scientific hypotheses, scientific explanations, the structure of scientific theories, and the problem of scientific realism. I consider explanation an integral part of a wider nexus of heuristic and theoretical activities in science like giving reasons, understanding, clarification, and founding. Continuous production of scientific explanations is a necessary condition for the systematic reproduction of scientific knowledge. Accordingly, it does not suffice to describe them in terms of the logical structure of the arguments on which they are based, but rather, scientific explanations ought to be given complete with an epistemic and pragmatic context of the explanation. I consider especially deductive-nomological, inductive-statistical, dispositional, teleological-functional, and genetic explanations. I emphasize the ever-increasing importance of explanations by analogy and by model. Orthogonal to these distinctions lies the distinction between causal and epistemic explanation. Epistemic explanations relate scientific discoveries to epistemic progress, and causal explanations are these epistemic explanations that relate scientific discoveries to reality too. Causal explanations inform us that certain changes occur in the world as agents of other changes, or rather, that certain changes are real consequences of other changes. Thus, by having explanations of causes, we can intervene in the world to induce by design certain changes in some course of phenomena. I consider scientific theories as logically and epistemically ordered wholeness of scientific knowledge in a realm of research that enables us to construct useful models of reality. After the discussion of different 'statement' views on theories and different interpretations of the theory-experience relation, I introduce the 'model' theoretical (non-statement) views on theories, especially the structural theory of science. The model views on theories transcend the realism-antirealism dualism by introducing models between theory and reality. Therefore, the question of scientific realism is not merely whether and, if so, which element(s), of scientific theories represent reality, but rather which conditions suffice to infer from a theory that one of its models truly expresses reality. In other words, under which conditions do models of a theory represent models of reality? Generally, models are just as much images of reality in a theory as they are images of a theory in reality. The actual problem of scientific realism doesn't originate in the observable-unobservable distinction (even if this distinction is otherwise theoretically loaded), but rather in ontological quandaries, of the sort especially encountered in modern physical theories such as quantum mechanics, relativity theory, and cosmological theories, although they are known to arise in other sciences as well. Scientific theories may be real, even if they describe nothing about the world. However, such theories can be given this status only if their formal, mathematical postulates exhibit some formal homology between reality and mathematical forms. The very fact that it is possible to describe reality with the help of mathematics even in cases, where every (representational, conceptual) language and thought fall short, would indicate that even mathematics itself is, in some sense, a part of reality, although 'outside' of the empirical world. It follows we have to distinguish the non-empirical reality and the empirical world. Formal objectivity and non-arbitrariness of theories do not emerge from either our language or thoughts, or from the world of facts, causes, and effects, but rather from non-empirical reality, which frames the world as some kind of objective transcendental condition for the possibility of the existence of the world, thoughts, and language. In the second part of the book, I consider the incorporation of scientific work and scientific knowledge into modern society and its relations to values and ethics. Production of scientific knowledge goes on as a parallel distributed process of a special kind of social (shared) cognition. The central part of this cognition is the presentation of parts of the world by scientific (theoretical) models which are warranted by the shared and public practice of justification, and in reflective acting in the world as it would. I consider various formal concepts of collective propositional knowledge (distributed, mutual, common knowledge). Scientific knowledge is an achievement to be ascribed to a scientific community or, indirectly, to all those who apply or expand it, rather than to individuals per se. It presents the continuous and partially planned production of non-trivial common knowledge of the research communities in modern societies. However, besides common knowledge, shared dispositional knowledge (knowledge how of scientific teams) and shared knowledge by acquiring (knowledge of fundamental similarities and differences in scientific teams) are parts of the real body of scientific knowledge. Scientific common knowledge implies the projection into idealized universal knowledge of all real or potentially rational and well-informed individuals. The respect of scientific knowledge thus presents the norm of rationality. Science as the intensively shared and socially distributed kind of cognition enters into modern society as a special kind of work (general work), as a productive force (social invention drive), and as a form of capital (human, social, cultural, informational, etc.). However any of these categories can adequately represent the socio-economical role of science in modern societies, and we are still waiting for a more adequate general concept that would theoretically cover the 'scientification' of modern societies. My thesis is that the most important general effect of scientification is (and will be) the growth of social processes that structurally resemble parallel distributed shared social cognition of science, and not so much the rise of the use of scientific knowledge and scientifically based information in all kinds of production. Scientification of modern societies inevitably includes a much stronger need for moral and social responsibility of scientists for their work and its effects in their local society and the global world. This need comes in contradiction with the quite large accepted idea (and even the 'norm') on value-free research. I discuss to some degree different arguments for the absence of non-epistemic values and ethical reasoning from science and find them non-convincing. The sound idea of value-free research lies in the need for the absence of categorical value statements from scientific explanations and theoretical deductions. Values and ethical judgment have, and sometimes they even have to play an important role in another part of research and its application in science or outside it. Not the value-loudness of research is a danger for science but its blind, non-reflective use. It leads to the ideologization and politicization of science. A similar danger lies in the purely value-neutrality of research. It leads to the instrumentalization of science to the technical or bureaucratic means for 'any' aims. (shrink)

This article focuses on the affective potential of anticipation, in its ready endorsement of the unknown, as a formative lens for theorising feminist temporalities. I draw from earlier readings of Luce Irigaray’s conceptual paradigm of sexual difference to examine how its articulation of a feminist future that is inherently unknowable might contribute to recent debates on the temporalities of feminist thought. The article presents two broadly intersecting lines of argument. I first emphasise the continued centrality of sexual difference in its (...) anticipatory imperative for thinking feminism but – or perhaps, especially – through a contradictory retrieval of the term that re-narrates its contemporary significance. In other words, it is precisely the retroactive position that sexual difference occupies that exacts a critical reorientation of existing modes of feminist temporalities; it moreover does so as a theoretical construct that altogether circumvents our understanding of feminism as a progress narrative. Secondly, I build upon Drucilla Cornell’s contentions in Beyond Accommodation that the unknown futurity inaugurated by the trajectories of sexual difference demands a dimension of inquiry that is inevitably aesthetic (1991). I identify a possibility of literature’s reinvigoration in emergence narratives of feminist theorising, particularly in a certain ethical capacity precipitated by its affective experience of enchantment, which mirrors the ‘wonder’ that sexual difference incites. If we are to continue to use literature as a conducive space of feminist analysis, then it is the forward-looking perpetuation of feminist narratives that must also be rethought for their investment in the multiple contingencies of anticipation. (shrink)

We model a piece of text of human language telling a story by means of the quantum structure describing a Bose gas in a state close to a Bose–Einstein condensate near absolute zero temperature. For this we introduce energy levels for the words used in the story and we also introduce the new notion of ‘cogniton’ as the quantum of human thought. Words are then cognitons in different energy states as it is the case for photons in different energy states, (...) or states of different radiative frequency, when the considered boson gas is that of the quanta of the electromagnetic field. We show that Bose–Einstein statistics delivers a very good model for these pieces of texts telling stories, both for short stories and for long stories of the size of novels. We analyze an unexpected connection with Zipf’s law in human language, the Zipf ranking relating to the energy levels of the words, and the Bose–Einstein graph coinciding with the Zipf graph. We investigate the issue of ‘identity and indistinguishability’ from this new perspective and conjecture that the way one can easily understand how two of ‘the same concepts’ are ‘absolutely identical and indistinguishable’ in human language is also the way in which quantum particles are absolutely identical and indistinguishable in physical reality, providing in this way new evidence for our conceptuality interpretation of quantum theory. (shrink)

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

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

The passionate and staunch defence of logic of the controversial thinker Ibn Ḥazm, Abū Muḥammad ʿAlī b. Aḥmad b. Saʿīd of Córdoba (384-456/994-1064), had lasting consequences in the Islamic world. Indeed, his book Facilitating the Understanding of the Rules of Logic and Introduction Thereto, with Common Expressions and Juristic Examples (Kitāb al-Taqrīb li-ḥadd al-manṭiq wa-l-mudkhal ilayhi bi-l-alfāẓ al-ʿāmmiyya wa-l-amthila al-fiqhiyya), composed in 1025-1029, was well known and discussed during and after his time; and it paved the way for the (...) studies of his compatriots Ibn Bājjah (d. 1138), Ibn Ṭufayl (1185), and Ibn Rushd (1198), who each gave demonstrative reasoning a privileged place within the methods of attaining knowledge. Unfortunately, as too often in the history of science, Ibn Ḥazm’s innovative perspectives and contributions in logic have been overlooked or considered with an attitude of contempt. On the one hand, his work has been seen, at best, as promulgating the benefits of studying Aristotle’s logic, so that his contribution is assessed as more didactical than conceptual. And on the other hand, those who do examine his innovations often consider them to be mistaken. As indicated by Chejne (1984, p. 2) contempt towards the logical work of Ibn Ḥazm was also present in its reception by the Eastern philosophers who accused him of deviating from Aristotelian logic and of dabbling in things beyond his capability. However, a reassessment of his work on logic has since begun, by delving into the ways the thinker of Córdoba studied the links between deontic and modal qualification of propositions. In this context Lameer’s (2013) paper on the logical sources of Ibn Ḥazm is worth mentioning; the author (p. 417, footnote 1) observes that, although, strictly speaking, it was al-Fārābī who first drew the parallelism between deontic and modal concepts, it was Ibn Ḥazm who developed it and worked it out in a more precise manner. A primary aim of this paper is to help fill some of these gaps by stressing the role of the work of Ibn Ḥazm in developing a notion of deontic necessity deeply rooted in legal normativity, and in explicitly discussing the transference between deontic and modal concepts. According to our view; the basic units of Islamic deontic logic are what we might call, indulging in terminological anachronism, heteronomous imperatives. As it turns out, the heteronomy of imperatives within Islamic legal systems contrasts with those of the purely moral realm, which seem to be closer to an autonomous conception of moral law. There it concurs again with Leibniz’s proposal to define obligatory as “what is necessary for a good person to do”. In the present paper, we will focus on the heteronomous imperatives of legal systems rather than on the imperatives of the purely moral realm. In this context, the work of Ibn Ḥazm extends the parallelism between the necessity of events and that of human actions stressed by his predecessors. According to our understanding, Ibn Ḥazm’s parallelism can be rendered explicit formally by means of a conditional (or hypothetical) structure shared by both deontic and modal propositions. Moreover, this structure makes apparent that this parallelism displays an underlying system of “degrees”. Indeed, while in the domain of events, given some conditions, it makes sense to distinguish between an event that is more likely to happen than another. Ibn Ḥazm speaks of near and distant possibility (such as the higher degree of likelihood of rain, given the condensation of clouds in December, and its lower degree, when the condensation occurs in summer); and, in the domain of actions, the Islamic notion of weighting actions determines degrees of virtue (or of legal and moral value). So whereas the degree of virtue of performing a forbidden act as determined by the distribution of sanction and reward is 0, we obtain the same value by pondering the likelihood of an impossible event to take place. Furthermore, as discussed in section II.3.2, the system of values at work in the parallelism can be seen as opening the way to a more direct correspondence. Thus, while in the realm of nature, likelihood of occurrence of an event is dependent upon the conditions specific to the occurrence of that event; while, in the realm of jurisprudence, likelihood of performing an action is dependent upon the distribution of reward and sanction specific to that action (being that, given the choice to perform or not perform a given action, those that will be rewarded are more likely to be performed than those that are not). According to this perspective, the point of the parallelism is that both deontic and modal qualifications measure the degree of an action or event to become actual; that is – indulging once more in anachronism (but this time from the Leibnizian background) – the degree measures how feasible (facile) an action or event may be. This suggests that Ibn Ḥazm’s perspectives already herald the links to probability and possibility explored by Leibniz six centuries later – see for example Leibniz’s (1671, A VI, I, p. 424-26) use of probability in the context of conditional right. Nevertheless, it also shows a crucial difference to the approach developed in the Elementa Jura Naturalis: whereas Leibniz’s studies seek to define what is to be just or virtuous, the logical system of deontic imperatives within Islamic jurisprudence presupposes that what is to be virtuous has already been settled. Determining what is to be virtuous is not achieved by logical reasoning within the system of legal jurisprudence, but by delving into the higher objectives of the Sharīʿa. While developing our point, we will delve into the logical structure of the heteronomous imperatives. This distinguishes our contribution from the existing literature, such as the papers of Chejne (1984), Lameer (2014), and Guerrero (1997, 2010, 2014), which do not provide a logical analysis of the deontic concepts put into work by Ibn Ḥazm. The true antecedent to the present paper is the work of Farid Zidani (2007, 2015), who, so far as we know, was the first to undertake such a task. Some of our own developments and general epistemological thoughts go beyond Ibn Ḥazm’s framework and motivations; mainly those contained in sections II.3.2 and IV. However, according to our view, these reflections suggest that Ibn Ḥazm’s approach has the substance for a broader and deeper exploration of the logic of norms. The paper is structured as follows:I.Ibn Ḥazm’s Logic of Heteronomous Imperatives. After presenting some extracts of the relevant text, we proceed by providing a formal reconstruction of the five forms of deontic modalities. II. A Landmark in the History of the Logical Analysis of Norms. Duties and Modalities. In this section, we study the transferences from deontic to modal necessity and possibility. We briefly compare the deontic system of Islamic Jurisprudence with that of Leibniz.III. Leibniz and Hypothetical Imperatives in Law.IV. Beyond Ibn Ḥazm: Conclusions and the Work Ahead. We will conclude the paper by discussing briefly some conceptual points that distinguish the logic of heteronomous imperatives from contemporary deontic logic. Our final words will discuss deontic-modal parallelism in the context of Ibn Ḥazm’s rejection of reasoning by conjecture and what we call “the internalization of nature.”. (shrink)

The present paper intends to draw the conception of language implied in the technique of word embeddings that supported the recent development of deep neural network models in computational linguistics. After a preliminary presentation of the basic functioning of elementary artificial neural networks, we introduce the motivations and capabilities of word embeddings through one of its pioneering models, word2vec. To assess the remarkable results of the latter, we inspect the nature of its underlying mechanisms, which have been characterized (...) as the implicit factorization of a word-context matrix. We then discuss the ordinary association of the “distributional hypothesis” with a “use theory of meaning,” often justifying the theoretical basis of word embeddings, and contrast them to the theory of meaning stemming from those mechanisms through the lens of matrix models (such as vector space models and distributional semantic models). Finally, we trace back the principles of their possible consistency through Harris’s original distributionalism up to the structuralist conception of language of Saussure and Hjelmslev. Other than giving access to the technical literature and state of the art in the field of natural language processing to non-specialist readers, the paper seeks to reveal the conceptual and philosophical stakes involved in the recent application of new neural network techniques to the computational treatment of language. (shrink)

Context: Maturana’s lifework is extensive, and consists of a coherent network of interlinked ideas the consequences of which have not been fully explored. Problem: What does it take to understand Maturana’s work? Is “learning” Maturana as arduous as learning a completely different language, or is there sufficient value in learning selected elements of his network of ideas? Method: We discuss these fundamental questions and relate them to aspects of understanding, word meaning and the scientific method. Results: While getting (...) only partially familiar with Maturana can have its merits in certain contexts, there is a clear danger of trying to understand Maturana on the basis of words such as autopoiesis, consciousness, cognition, and science. Implications: We identify three directions in which Maturana’s ideas can be further explored: preparing social media videos, finding ever new domains of application, and their historical-conceptual relativization. (shrink)

Two essential periods may be identified in the early stages of the history of vitamin D-resistant rickets. The first was the period during which a very well known deficiency disease, rickets, acquired a scientific status: this required the development of unifying principles to confer upon the newly developing science of pathology a doctrine without which it would have been condemned to remain a collection of unrelated facts with very little practical application. One first such unifying principle was provided by (...) the notion of hygiene; while the blanket explanations provided by this notion alone were much too general to enable rickets to achieve scientific status, it did point out the need to look for specific external causes for the disease and to examine the life-style and dietary habits of the patients. The second phase of the conceptualization of the disease was the assumption of a specific cause — that is, using concepts developed in the area of infectious diseases. This was made possible by fundamental similarities between deficiency and infectious diseases, in spite of their apparent differences. Both types of illness have some of the characteristics of what Georges Canguilhem calls the ontological representation of disease as opposed to dysharmonic representations, which primarily concern the endocrine diseases. It is precisely this shift from one to the other manner of perceiving ill health that enabled the identification of the vitamin D-resistant rickets. Conceptualization of the notion of vitamin D resistancy required that the conditions causing the disease be looked for within the organism rather than outside it; this was thus the first time that endocrine concepts were applied to studying the physiology of vitamin D.The history of resistant rickets therefore represents an interesting model for understanding the growth of biomedical knowledge. It allows the development of a number of more general ideas on the question of the relationship between biology and medicine and on the thorny problem of specificity in medical thinking. As far as this topic is concerned it can be seen that there was an ongoing exchange between medical and biological thinking during the initial period up until 1937, and that one could deny any such specificity in medical thinking during this same period. Albright, for example, used human diseases as spontaneously produced models for experimental biology. It was also more feasible for an experimental biologist to administer toxic doses than for a clinician to do so.What, then, if any, is the place of the specificity of medical thinking in this history? The fact that medicine is characterized not only by it ccognitive content78 but also by its final aim, which is to restore health, makes it necessary to take factors other than objective knowledge into consideration. This is particularly evident in two aspects of medicine, therapeutics and nosology, and in approaching the notion of pathological individuality.Therapeutic activity has a largely empirical approach. Many drugs, such as cod-liver oil, were discovered empirically. Treatment often in the past, and still now, has proceeded by trial and error, upon no established theoretical basis. At this level the relationship between biology and medicine is roughly comparable to that between science and technology79 \3- that is, it is impossible to reduce either therapeutics or technical activities to the simple application of basic science. In this sense, the application of vitamin D to vitamin-resistant rickets is quite typical. Further-more, in the case studied here, the therapeutic activity heralds a definite breaking away from the medicatrix naturae of conventional medicine dating back to ancient times, and it embodies a new concept of the organism and of disease: no longer can the diseased organism be thought of as merely having a perturbed equilibrium requiring restoration by means of a natural style of medicine. On the contrary, vitamin D resistance is an obstacle that indicates profound biological dysfunction, to be rectified only by means of an extremely aggressive and therefore dangerous therapy. The therapy thus serves to reveal the severity of the dysfunction, thereby leading inevitably to conceptual innovation. This sheds light on the theoretical innovations of which the therapeutic activity is capable.Therapeutic activity is also influenced by notions of health and illness, normal and pathological states, none of which may be determined entirely objectively. For example, the term healing as used by Albright in the case of resistant rickets that he described may be discussed in this light.Nosology, or the classification of diseases, depends largely on the description of clinical syndromes, which are themselves mainly based on subjective elements (discomfort, disability, or the extent of a patient's suffering). The advent of pathological anatomy at the beginning of the nineteenth century disrupted classification by introducing the concept of localized anatomical lesions81-and, hence, an element of material objectivity \3- into nosology. Radiological examination further complicated matters by enabling the equivalent of an autopsy on living matter. Lastly, biological examination complicated nosology by showing that biological anomalies may exist in human beings without necessarily leading to a pathological condition. Medical thinking can choose to combine all these elements to describe a disease, but can also separate them and retain only a few, or a single one, according to requirements - as did Albright.The notion of biological and pathological individuality is fundamental to the development of medical thinking. Whatever its theoretical origin, medical thinking has since ancient times incorporated the idea that each individual reacts differently to the same treatment and his own specific pathological tendencies. I mentioned earlier that in the history of vitamin D-resistant rickets the notion of rachitic tendency reflected this type of thinking. After 1937, this history progressed by successively separating new individual entities, affecting smaller and smaller groups of individuals in each case. In other words, the need to understand and to define individual illness more closely required the development of new concepts and the construction of new individual categories of disease linking these concepts to older clinical, radiological, and biochemical elements. (shrink)

What is the distinction between understanding and forming a concept? In my view, for Aquinas, intelligere (the act of understanding) and dicere (the forming of a verbum or mental word) are not two different acts, but simply two different aspects of the same act of understanding. In the following, I will explore more in depth what this distinction means for Aquinas. Firstly, I will give a mostly doctrinal or systematic overview of the issue and, secondly, I (...) will support my claims with relevant textual evidence, taken exclusively from Aquinas’ Summa Theologiae. This study, as an appendix, is part of “The Influence of Kant in Transcendental Thomism: Rahner, Lonergan and Von Balthasar” (forthcoming). In my view, Lonergan’s way of distinguishing intelligere and dicere is different from St. Thomas’ way. In the body of my book, I focus on Lonergan’s reasons to distinguish these notions in his own particular way, whereas this study focuses on St. Thomas’ doctrine. It is my hope that the following lines will foster an understanding of St. Thomas’ epistemology and of its application to Trinitarian theology. (shrink)

With his 1951 publication of “Two Dogmas of Empiricism”, W.V.O. Quine launched a series of arguments against the idea that analyticity – “truth in virtue of meaning alone” – could be a philosophically explanatory notion. While his rejection represents a significant philosophical stride in its own right, to which many in the contemporary philosophical scene pay verbal respects, the revolutionary consequences of this insight often go ignored today. Much of current professional philosophy in virtually every sub-discipline carries on as though (...) analyticity were a viable notion, because much of it aims at conceptual analysis – the “discovery” of the meanings of philosophical concepts, such as ‘mind’, ‘truth’, ‘meaning’, ‘person’, and ‘right’. Rejecting analyticity as a viable philosophical notion undermines such efforts insofar as they aim at conceptual analysis. If philosophers give up the notion of analyticity, as they should, they are left with the questions of what goals and methods are viable for the analysis of concepts. One option is to concentrate effort on explication of familiar concepts; explication is an alternative to conceptual analysis in that it does not aim to dig out analytic truths about given concepts. Rather, it identifies what is interesting about a certain vague concept, and generates a new, more rigorous and precise concept to replace the old one. The justification for the replacement, in the most appealing cases, is in the possibilities for understanding that are introduced by the new explication. Examples of explication in my sense are the replacement of ordinary grammatical terms by the operators of first order logic, replacement of ‘game’ with a decision theoretic notion of games in game theory, and replacement of ‘true’ with ‘true-in-L’ in Tarskian semantics. Advances of this sort depart consciously in some ways from ordinary usage of the terms they focus on, but in so departing, they develop new possibilities and perspectives for rigorously understanding the world. In the dissertation that follows, I not only recommend explication as a method, I also put it into practice. I develop an explication of the sameness and difference relations that relies solely on the relation of denotation between a predicate and objects of which it is true. Two things are the same with respect to R just in case there is at least one R-predicate that denotes them in common. I used this explication to develop related explications of similarity and analogy. These latter explications, I use to critique the current fashion of research on similarity and analogy in cognitive psychology. These studies have produced an immense body of interesting and promising work in the past several decades; however, much of the research design and data interpretation harbors philosophical errors and so often imports unjustified prejudices from the researchers themselves. My explication offers alternative formulations of the most salient aspects of these research traditions, formulations that avoid the errors of past research and, more importantly, suggest new research questions and possibilities that would not occur under the previous, philosophically muddled paradigm. The project closes with an application of my explication of analogy to a discussion and critique of the philosophical literature on analogical arguments. While philosophers and logicians have developed workable theories for deductive and inductive reasoning, very little work of promise has been done on analogical arguments. My explication of analogy is used to diagnose the problems of past attempts by philosophers to develop logics for analogical arguments and suggest, in light of the psychological research on analogy and the use of analogies in scientific thought, that philosophers should focus on analogical arguments as creative, heuristic devices, rather than as truth-preserving inference structures. (shrink)

Context: The paper utilizes a conceptual analysis to examine the development of abstract conceptual structures in mathematical problem solving. In so doing, we address two questions: 1. How have the ideas of RC influenced our own educational theory? and 2. How has our application of the ideas of RC helped to improve our understanding of the connection between teaching practice and students’ learning processes? Problem: The paper documents how Ernst von Glasersfeld’s view of mental representation can be illustrated (...) in the context of mathematical problem solving and used to explain the development of conceptual structure in mathematical problem solving. We focus on how acts of mental re‑presentation play a vital role in the gradual internalization and interiorization of solution activity. Method: A conceptual analysis of the actions of a college student solving a set of algebra problems was conducted. We focus on the student’s problem solving actions, particularly her emerging and developing reflections about her solution activity. The interview was videotaped and written transcripts of the solver’s verbal responses were prepared. Results: The analysis of the solver’s solution activity focused on identifying and describing her cognitive actions in resolving genuinely problematic situations that she faced while solving the tasks. The results of the analysis included a description of the increasingly abstract levels of conceptual knowledge demonstrated by the solver. Implications: The results suggest a framework for an explanation of problem solving that is activity-based, and consistent with von Glasersfeld’s radical constructivist view of knowledge. The impact of von Glasersfeld’s ideas in mathematics education is discussed. (shrink)

Enactivist accounts of language use generally treat concrete words in terms of motor intentionality systems and affordances for action. There is less consensus, though, regarding how abstract words are to be understood in enactivist terms. I draw on Merleau-Ponty’s later philosophy to argue, against the representationalist paradigm that has dominated the cognitive scientific and philosophical traditions, that language is fundamentally a mode of participation in our world. In particular, language orients us within our milieus in a manner that extends into (...) the depth of the idea-endowed world. This conceptualization of language allows us to see that abstract words orient us bodily just as surely as concrete words do, albeit in a manner that is more diffuse across the entirety of given situations, as I will show with an example of abstract language use in Don DeLillo’s novel Underworld. These insights are applied to some of the recent enactivist discourse to suggest some ways in which representationalism maintains a latent presence in this discourse. I conclude by pointing to developments in conceptual metaphor theory that can enrich our sense of how abstract language is involved in embodied understanding. (shrink)

SUMMARYThis examination of an important paper by Sydney Ross is the first in a projected series of occasional reflections on ‘Annals of Science Classic Papers’ that have had enduring utility within the field of history of science and beyond. First the messages of the paper are examined, some well known but others, particularly Ross's own contemporary concerns about the use of the word ‘scientist’, less so. The varied uses made of the paper by scholars are then traced before Ross's (...) biography is examined in order to try to understand how a figure professionally marginal to the field of history of science came to write such a significant piece. Ross’s interest in the topic appears to have been informed by a romantically tinged scientific progressivism and a deep concern with the importance of linguistic precision in science and in public affairs. The inspirations of the author and the interests of his audience have been only partially aligned, but the paper's insights remain of broad historical interest and have wider ramifications since the denotation ‘scientist’ and its proper application are much debated today in contests over the authority of science. (shrink)

According to the majority of linguists, case markers at the end of a declinable word, which could be of vowel, letter or elision type, are indicators of meaning. In other words according to the general acceptance, the iʿrāb signs at the end of words help one to understand the function of a given word in a sentence. Knowing the functions of the words of a sentence in turn enables the sentence to be understood correctly. Although there are those (...) who say that iʿrāb signs at the end of the words do not have anything to do with the function of words in a sentence, and that they only function to facilitate the transition between words, this view was not accepted by the majority. For this reason, thisarticle examines the iʿrāb-meaning within the scope of the prevailing attitude of naḥw scholars and Quranic exegetes. The majority of linguists accept that iʿrāb is an indicator of meaning. For this reason, explanations of iʿrāb, which are frequently used in Quranic commentaries, are aimed at understanding the sentences in the verses more accurately. The fact that Abū al-Aswad al-Duʾalīput vowel marks on certain words of the Quran was to facilitate the correct reading of the Quran and prevent a wrong vowel mark from causing any misunderstanding. Therefore, the close relationship between iʿrāb and meaning is clearly emphasized in naḥw books. Although it is stated as a general rule that iʿrāb is key in desciphering the meaning, there are cases where this general rule does not hold. This happens when there is a discrepancy between an iʿrāb sign at the end of a givenword and its meaning. Such situations are considered by naḥw scholars as qurb al-jiwār. According to this exception, a word does not take the iʿrāb indicator appropriate to its position in sentence and instead takes the same iʿrāb indicator of the previous word so as to be in harmony with it. The purpose of this is to prevent any disruption to the phonetic flow of the sentence rather than to function as an indicator of meaning. In fact, this phonetic harmony is not only limited to the iʿrāb at the end of words. In order to ensure harmony within a word, changes can be made in morphology of the word in question. This stems from the importance Arabs attach to the harmony of both intra-word and inter-word vowels, despite its contradiction to the rules of morphology and syntax. As a matter of fact, this kind of reading provides a sense of cohesion in terms of both ease of pronunciation and correspondence. In this article, I claim that the iʿrāb signs is not always a sign that reveals the meanings in the verses of the Qurʾān. In the light of this view, some of the verses of the Qurʾān comprise case endings that are contrary to the meaning for the sake of phonetic harmony, just as is the case in the current usage in Arabic language. This situation shows that besides the literary arts related tomeaning, those which are related to phonetic arts also constitute important literary aspects of the Qurʾān. The approaches of the Qurʾānic commentators towards the verses in which this feature, which is expressed as qurb al-jiwār in Naḥw, is found differ from each other. On the basis of these different approaches, the relevant narrations, syntax school, etc. that the commentators have generally considered matters are included. In fact, given that they lead to no confusion, irregularities contrary to the established grammar rules are tolerated. For this reason, qurb al-jiwār is used in the absence of ambiguity even though it is contrary to iʿrāb al-naḥwī. Unlike the Basran Grammarians, who regard qurb al-jiwār as a mere use, the Kufan Grammarians made the issue a regular grammar rule and used it as the basis for the jussiveness of apodosis of conditional clauses. Although qurb al-jiwār is accepted as a usage both in the Arabic language and the Quran by the majority of grammarians, there are differences of opinion in terms of the place of its use. While there is no clarity on this subject among the early grammarians, according to the general of late naḥw scholars, the issue of qurb al-jiwār is reserved for noun-adjective, corroborating-corroborated and connective explanation. However, it is controversial whether or not the qurb al-jiwār can be used in connectives. While in the early periods when controversies arose for the first time, qurb al-jiwār was generally unacceptable, in later periods it started to became more widely accepted. Extrapolating a theoretical framework for the issue based on primary classical sources on Naḥw constitutes a core methodology used in this work. According to the theoretical framework thus put forward, the discussions about the verses that are the subject of the iʿrāb of vicinity in the primary tafsīr sources from the first period to the present have been examined from an analysis-semantic perspective. (shrink)

On page 1 of his classic text, Millsap states, “Measurement invariance is built on the notion that a measuring device should function the same way across varied conditions, so long as those varied conditions are irrelevant [emphasis added] to the attribute being measured.” By construction, measurement invariance techniques require not only detecting varied conditions but also ruling out that these conditions inform our understanding of measured domains. In fact, measurement invariance techniques possess great utility when theory and research inform (...) their application to specific, varied conditions that, if not detected, introduce measurement biases, and, thus, depress measurement validity. Yet, we see emerging bodies of work where scholars have “put the cart before the horse” when it comes to measurement invariance, and they apply these techniques to varied conditions that, in fact, may reflect domain-relevant information. These bodies of work highlight a larger problem in measurement that likely cuts across many areas of scholarship. In one such area, youth mental health, researchers commonly encounter a set of conditions that nullify the use of measurement invariance, namely discrepancies between survey reports completed by multiple informants, such as parents, teachers, and youth themselves. In this paper, we provide an overview of conceptual, methodological, and measurement factors that should prevent researchers from applying measurement invariance techniques to detect informant discrepancies. Along the way, we cite evidence from the last 15 years indicating that informant discrepancies reflect domain-relevant information. We also apply this evidence to recent uses of measurement invariance techniques in youth mental health. Based on prior evidence, we highlight the implications of applying these techniques to multi-informant data, when the informant discrepancies observed within these data might reflect domain-relevant information. We close by calling for a moratorium on applying measurement invariance techniques to detect informant discrepancies in youth mental health assessments. In doing so, we describe how the state of the science would need to fundamentally “flip” to justify applying these techniques to detect informant discrepancies in this area of work. (shrink)

Despite the hadiths and narratives that warn about the interpretation of the Qur’ān by opinion, the question of how Qur’ānic verses can be understood is about the nature of Qur’ānic exegesis. These narratives, which limit the interpretation to the exact field and indicate the invalidity of the specification of the intention with the imprecise information, bring with it the question of how to understand the Qur’ān in each period and society. The issue that has been questioned in the frame of (...) the commentary from the earliest periods is based on the possibility of commenting besides the narration and defining the area that the thought belongs to the commentator. In this context, it is seen that the distinction between the conceptualization of tafsīr-taʾwīl words in classical commentary literature deals with the subject of the tafsīr, their belongings, epistemological values and contexts. Mainly, this study will question whether authors who do not distinguish between tafsīr-taʾwīl categorize the information about commentary in a different context, then it will analyze two basic approaches on tafsīr and taʾwīl. In the paper, it will be suggested that these classifications in the classical literature should be evaluated together within the framework of the search for methodology in exegesis. Summary: The Prophet, who was the first glossator of the Qur’ān, forbade people to talk about the Qur’ān with their own judgments. The prominent people of the companions refused to comment on some words that were closed in meaning (garīb). The words quoted from Abū Bakr and ʿUmar on this subject are quite famous. However, the Qur’ān is a universal book revealed to be understood in all ages and geographies till the doomsday. The fact that all the verses were not interpreted by the Prophet, and the expansions of meaning observed in the Qur’ān wording necessitate the interpretation of the Qur’ān. The fact that the Prophet forbade people to talk with their own judgments about the Qur’ān and the necessity of understanding the Qur’ān in every era constitutes a dilemma that must be explained. The resolution of this issue will both determine the legitimacy of tafsīr (interpretation) and reveal the difference between the Prophet's tafsīr and the tafsīrs by other people. In this context, a distinction was made between the interpretations of the Prophet and of the companions who witnessed the revelation period from the Tabarī (d. 310/923) in the classical tafsīr literature and the interpretations by glossators in terms of their bindingness and information values. Thus, before even starting the interpretation, glossators questioned the possibility of interpretation of the Qur’ān without the tafsīr of the Prophet and the narratives from the companions that have the force of hadith marfūʿ.It is seen in classical tafsīr literature that distinctions between the tafsīr of the Prophet and the interpretations of the glossator are usually constructed on the terms of tafsīr and ta'wil, to which terminological meanings are attributed. In this regard, the methodology of Māturīdī (d. 333/944) is quite specific and clear. According to Māturīdī, tafsīr is an exact field. Only the tafsīr of the Prophet and the narratives of the companions that have the force of marfūʿ can be included in this field. Taʾwīl, on the other hand, is an area based on supposing. Preferences to be made from possible meanings are supposition and related to taʾwīl. The fact that Māturīdī included the explanations of the Prophet and his companions in the tafsīr field and stated that they expressed exact information shows that he regarded this information in the value of the statement of mutakallim. The data included in the field of taʾwīl are not as the data included in the field of tafsīr in terms of their bindingness and information value. The interpretations made in the field of taʾwīl include supposition; so they cannot be attributed to the desire of God. The field that the Prophet forbade people from declaring their own views is the field of tafsīr in the methodology of Māturīdī. The exactness of this field is an indication that the tafsīr is related to God's desire. It is not right to declare an opinion with supposition in the field that is exact and definite. Even though the interpretation in the field of tafsīr is in accordance with the truth, this cannot eliminate the responsibility of the interpreter that make determinations based on supposition in the exact and definite field. Some scholars, such as Qushayrī (d. 465/1072), also classify the narrative-sagacity areas by means of tafsīr-taʾwīl concepts. This classification deals with the data that is the subject of tafsīr in terms of their belongingness. Indeed, tafsīr science includes both the data that are linked with transmission and non-transmittable elements that can be achieved by following a methodology. Non-transmittable elements included in the taʾwīl field by those who make a distinction between tafsīr and taʾwīl based on narrative-sagacity are the meanings reached through linguistic efforts. Language is an element that holds possibilities in itself. Considering closeness of meaning, multi-meanings, metaphors and allusions in the wording, it can be thought that the meanings reached by linguistic methods include supposition. In the methodology of Māturīdī, the field of tafsīr is composed of the explanations of the Prophet and the narratives of the companions who witnessed the revelations while in the classifications of those who make a distinction between tafsīr and taʾwīl based on narrative-sagacity, tafsīr generally includes narratives. When the issue is handled within the framework of the desire of God and the statements of the mutakallim, it seems that the classification of Māturīdī is more punctual. However, it is understood that this approach does not give a satisfactory answer to the subsequent situations and bindingness of the mentioned data. In the classifications based on narrative-sagacity, the narratives in the field of tafsīr are taken as a whole without analyzing their health grades and their signification. However, some of these narrations are not authentic; so, in this respect it is a problematic issue that they are the subjects of the field of tafsīr. Besides, sometimes there can be different narrations about the tafsīr of verses from the companions. The evaluation these narratives in a field attributed to the desire of God may also pose a problem. The linguistic data that both Māturīdī and those who make a distinction between tafsīr and taʾwīl based on narrative-sagacity include in the field of taʾwīl does not appear to have a homogeneous structure -as is the case with the narratives-. Indeed, among this data, there are elements whose meanings are quite hard to determine as well as firm ones that possibly have only one meaning. It is controversial that these expressions, which have only one meaning and to the validity of whose meaning other evidence point out are included in the field of taʾwīl.The distinction between meaning and interpretation fields in tafsīr is very important in terms of tafsīr methodology. This field designation is in a way a description of nature of the science of tafsīr. Thus, in matters where the human intelligence remains insufficient with the tafsīr narratives from the Prophet, the bindingness of the narratives from the companions are clarified; furthermore, beyond the narrative, the validity and the information values of interpretations of the glossator are determined. In this regard, the tafsīr-taʾwīl distinctions made in the classical tafsīr literature provide us with a rich content and a multifaceted point of view. However, when addressed separately, these distinctions present a number of problems in terms of scope and applicability. Our study proposes the evaluation of tafsīr-taʾwīl distinctions in classical literature together while the meaning-interpretation fields are specified in the framework of the search for methodology in tafsīr. Thus, the incomplete aspects of the classification will be eliminated and a much more comprehensive and functional classification will be achieved. At this point, the methodologies of some figures as Tabarī, who is known to have used the terms of tafsīr and taʾwīl in the same meaning, must also be evaluated separately. Indeed, when the works of these names are analyzed, it is seen that these names also distinguish the meaning-interpretation fields in tafsīr, but they do not do this through the tafsīr-taʾwīl concepts. (shrink)

Background The article defines a comprehensive concept of cognitive objectivity applied to embodied subjects in health care. The aims of this study were: to specify some necessary conditions for the definition of a CCCO that will allow objective descriptions and assessments in health care, to formulate criteria for application of such a CCCO, and to investigate the usefulness of the criteria in work disability assessments in medical certificates from health care provided for social security purposes. Methods The study design (...) was based on a philosophical conceptual analysis of objectivity and subjectivity, the phenomenological notions ‘embodied subject’, ‘life-world’, ‘phenomenological object’ and ‘empathy’, and an interpretation of certificates as texts. The study material consisted of 18 disability assessments from a total collection of 86 medical certificates provided for social security purposes, written in a Norwegian hospital-based mental health clinic. Results Four necessary conditions identified for defining a CCCO were: acknowledging the patient’s social context and life-world, perceiving patients as cognitive objects providing a variety of meaningful data, interpreting data in context, and using general epistemological principles. The criteria corresponding to these conditions were: describing the patient’s social context and recognizing the patient’s perspective, taking into consideration a variety of quantitative and qualitative data drawn from the clinician’s perceptions of the patient as embodied subject, being aware of the need to interpret the data in context, and applying epistemological principles. Genuine communication is presupposed. These criteria were tested in the work disability assessments of medical certificates. The criteria were useful for understanding both how objectivity fails during work disability assessments and how it can be improved in the writing of certificates. Conclusion The article specifies four necessary conditions for the definition of a CCCO in health care and social security medicine and the corresponding criteria for its application. Analysis of the objectivity of work disability assessments in medical certificates for social security confirmed the usefulness of the criteria. (shrink)

Process models are valuable conceptual tools to help in understanding the approaches to value creation in social enterprises. This teaching case illustrates the application of a process model about creating, building, and sustaining a social enterprise with a mission to provide clean water to communities in need. The social enterprise generates revenue in support of community water projects and works with community stakeholders in different locations throughout the world to provide sustainable clean water solutions. The case study uses (...) primary data from semi-structured interviews, direct observations of a community project, and archival sources to demonstrate application of the process model. The study shows how the social enterprise developed as a promising idea; was implemented through an operating model with resources to support social impact; and continues to build and evolve while guided by the social mission. The paper concludes with a discussion and teaching note on ways to use the case for educational purposes to enhance learning about the social value creation process. (shrink)

The article defines a comprehensive concept of cognitive objectivity applied to embodied subjects in health care. The aims of this study were: to specify some necessary conditions for the definition of a CCCO that will allow objective descriptions and assessments in health care, to formulate criteria for application of such a CCCO, and to investigate the usefulness of the criteria in work disability assessments in medical certificates from health care provided for social security purposes. The study design was based (...) on a philosophical conceptual analysis of objectivity and subjectivity, the phenomenological notions ‘embodied subject’, ‘life-world’, ‘phenomenological object’ and ‘empathy’, and an interpretation of certificates as texts. The study material consisted of 18 disability assessments from a total collection of 86 medical certificates provided for social security purposes, written in a Norwegian hospital-based mental health clinic. Four necessary conditions identified for defining a CCCO were: acknowledging the patient’s social context and life-world, perceiving patients as cognitive objects providing a variety of meaningful data, interpreting data in context, and using general epistemological principles. The criteria corresponding to these conditions were: describing the patient’s social context and recognizing the patient’s perspective, taking into consideration a variety of quantitative and qualitative data drawn from the clinician’s perceptions of the patient as embodied subject, being aware of the need to interpret the data in context, and applying epistemological principles. Genuine communication is presupposed. These criteria were tested in the work disability assessments of medical certificates. The criteria were useful for understanding both how objectivity fails during work disability assessments and how it can be improved in the writing of certificates. The article specifies four necessary conditions for the definition of a CCCO in health care and social security medicine and the corresponding criteria for its application. Analysis of the objectivity of work disability assessments in medical certificates for social security confirmed the usefulness of the criteria. (shrink)

This paper engages with Johaness Bronkhorst’s recognition of a “correspondence principle” as an underlying assumption of Nāgārjuna’s thought. Bronkhorst believes that this assumption was shared by most Indian thinkers of Nāgārjuna’s day, and that it stimulated a broad and fascinating attempt to cope with Nāgārjuna’s arguments so that the principle of correspondence may be maintained in light of his forceful critique of reality. For Bronkhorst, the principle refers to the relation between the words of a sentence and the realities they (...) are meant to convey. While I accept this basic intuition of correspondence, this paper argues that a finer understanding of the principle can be offered. In light of a set of verses from Nāgārjuna’s Śūnyatāsaptati (45–57), it is maintained that for Nāgārjuna, the deeper level of correspondence involves a structural identity he envisions between understanding and reality. Here Nāgārjuna claims that in order for things to exist, a conceptual definition of their nature must be available; in order for there to be a real world and reliable knowledge, a svabhāva of things must be perceived and accounted for. Svabhāva is thus reflected as a knowable essence. Thus, Nāgārjuna’s arguments attacks the accountability of both concepts and things, a position which leaves us with nothing more than mistaken forms of understanding as the reality of the empty. This markedly metaphysical approach is next analyzed in light of the debate Nāgārjuna conducts with a Nyāya interlocutor in his Vigrahavyāvartanī. The correspondence principle is here used to highlight the metaphysical aspect of the debate and to point out the ontological vision of Nāgārjuna’s theory of emptiness. In the analysis of the Vigrahavyāvartanī it becomes clear that the discussion revolves around a foundational metaphysical deliberation regarding the reality or unreality of svabhāva. In this dispute, Nāgārjuna fails to answer the most crucial point raised by his opponent—what is that he defines as empty? (shrink)

The idea of natural law has a long history. It has had different meanings for different people and continues to occupy intellectual engagements as to the connotations of the expression ‘natural law’ in diverse and different contexts. This requires delving deep into the hoarypast and analyzing the gradual development of the idea of natural law through the ages. Understanding natural law necessitates exploring its relation with positive law, its application, and, notably, the import of the word ‘natural’ (...) in the expression ‘natural law’. Be that as it may, there is no denying the fact that there is an element of exclusivity in natural law that has kept it alive and going across generations. Even some of the jurists who adhered to the principles and tenets of legal positivism have shown an inclination towards the principles of natural law, especially as regards the relation between law and morality. It has survived the tests of time. The present paper seeks to explicate the various dimensions of natural law and explore its growth application. (shrink)

Context: Due to its grounding in a simplistic core model, mainstream theoretical work in economics is heavily conditioned by a realist epistemic framework that may be viewed as the “paradogma” – sensu Mitterer – of economics. Problem: The contribution delineates theoretical developments on the basis of a realist epistemology and their problem-laden consequences for the economic sciences. The subsequent critical discussion seeks to clarify whether economic theory formation is a suitable field for the application of Mitterer’s non-dualist ideas. Method: (...) In the context of a review of their historical background, the paper will explore the possibilities and limits of an application of Mitterer’s non-dualist argumentation to the economic sciences, and present a diagnosis of compatibility and a characterisation of necessary steps towards amplification. Results: It can be shown that the economic sciences would gain in expert knowledge and applicability by adopting the alternative of non-dualism, whose potential has been little appreciated so far. The solution to the meta-scientific problems caused by the pre-structuring of economics in terms of a realist epistemology seems at hand. To take up this new meta-scientific perspective, however, theoretical progress in both non-dualism and economics is required, particularly by paying more serious attention to the theoretical component of communication. Implications: Non-dualism can certainly be utilised by the economic sciences to induce radical innovations and conceptional revisions involving higher meta-scientific consistency. In future, pragmatic gaps will increasingly have to be filled conceptually in order to develop more highly-reflected economic theory formation and corresponding scientific practice. Hence the main idea is that economic actions are inevitably, but not exclusively, based on communication. Constructivist content: Theoretical approaches embracing epistemic relativism in the economic sciences will be properly assessed and developed further along the lines of a non-dualist conceptual revision on the basis of an ontology-free understanding of reality. (shrink)

Based on experience in marriage counseling and contributions made by philosophy of phenomenology and psychology, we have carried out an in-depth analysis of the forgiveness process in the marriage relationship. Philosophy of phenomenology allows to define the conceptual framework of the marriage relationship and its essential features, which gives the therapist a reference to guide the therapeutical process. The description of the process is enriched with contributions of Psychology and particularly Systemic Family Theories. We have identified a number of steps (...) in the forgiveness process, which can be summarized as the passing from the initial pain, through the recovery of dignity and hope, up to the final consciousness of having reached forgiveness, where the intrapersonal process in the offended spouse is imbricated with the interpersonal relationship with the partner in marriage. This interdisciplinary perspective, bringing together clinical practice, philosophy of phenomenology, and psychology, has proven particularly fruitful: it has allowed us to identify when forgiveness becomes a case of regeneration and strengthening of the bonds of marriage, or on the contrary, the cases in which the problems, together with situations of imbalance or relational pathology progress to a chronic state. Apart from this, we have reflected upon the practical application of this theoretical approach in a therapeutic context with couples that need to pass through the forgiveness process, paying special attention to the risks they may encounter. Finally, we suggest possibilities for further investigations along these interdisciplinary lines of study. (shrink)

Process models are valuable conceptual tools to help in understanding the approaches to value creation in social enterprises. This teaching case illustrates the application of a process model about creating, building, and sustaining a social enterprise with a mission to provide clean water to communities in need. The social enterprise generates revenue in support of community water projects and works with community stakeholders in different locations throughout the world to provide sustainable clean water solutions. The case study uses (...) primary data from semi-structured interviews, direct observations of a community project, and archival sources to demonstrate application of the process model. The study shows how the social enterprise developed as a promising idea; was implemented through an operating model with resources to support social impact; and continues to build and evolve while guided by the social mission. The paper concludes with a discussion and teaching note on ways to use the case for educational purposes to enhance learning about the social value creation process. (shrink)

Despite increased interest in “intuition” within cognitive psychology, the conceptual framework of this notion remains problematic. This paper argues that conceptual shortcomings stem from a tendency to ignore the philosophical heritage of intuition or to dismiss the relevance of this heritage to contemporary theory. The paper outlines major understandings of intuition within psychology and prominent philosophical traditions, highlighting important points of inconsistency in these and examining consequences of the inconsistency. It also considers psychological conceptions of intuition that more readily overlap (...) with philosophical accounts and offers some suggestions toward a more philosophically informed notion of intuition relevant to contemporary psychological theory. (shrink)

Moral distress is a phenomenon that has been receiving increasing attention in nursing and other health care disciplines. Moral distress is a concept that entered the nursing literature – and subsequently the health care ethics lexicon – in 1984 as a result of the work done by American philosopher and bioethicist Andrew Jameton. Over the past decade, research into moral distress has extended beyond the profession of nursing as other health care disciplines have come to question the impact of moral (...) constraint on individual practitioners, professional practice, and patient outcomes. Along with increased interest in the phenomenon of moral distress have come increasing critiques – critiques that in their essence point to a serious lack of conceptual clarity in the definition, study, and application of the concept. Foundational to gaining conceptual clarity in moral distress in order to develop strategies to prevent and ameliorate the experience is a careful revisiting of the epistemological assumptions underpinning our knowledge and use of the concept of moral distress. It is our contention that the conceptual challenges reveal flaws in the original understanding of moral distress that are based on an epistemological stance that holds a linear conception of cause and effect coupled with a simplistic perspective of ‘constraint’ and ‘agency’. We need a more nuanced approach to our study of moral distress such that our ontological and epistemological stances help us to better appreciate the complexity of moral agents acting in organizational contexts. We believe that critical realism offers such a nuanced approach. (shrink)

This essay reframes salient issues in discussions of free will using conceptual apparatus developed in the works of Saul Kripke, with particular attention paid to his little-discussed technical notion of a prejudice. I begin by focusing on how various forms of modality (metaphysical, epistemic, and conceptual) underlie alternate forms of compatibilism and discuss why it is important to avoid conflating these forms of compatibilism. The concept of a prejudice is then introduced. We consider the semantic role of prejudices, in particular (...) conditions in which prejudices turn out to express metaphysically necessary truths. With that as background, I discuss a set of prejudices involving the notion of choice. We consider the role these prejudices might play, should they turn out to be true, in determining the answer to various compatibility questions concerning the nature of moral responsibility and choice. (shrink)

What is the definition of life? Artificial life environments provide an interesting test case for this classical question. Understanding what such systems can tell us about biological life requires negotiating the tricky conceptual boundary between virtual and real life forms. Drawing from Wittgenstein’s analysis of the concept of a game and a Darwinian insight about classification, I argue that classifying life involves both causal and pragmatic elements. Rather than searching for a single, sharp definition, these considerations suggest that life (...) is a cluster concept with fuzzy boundaries and that there are multiple legitimate ways to make the notion precise for different scientific purposes. This pluralist, realist account avoids unnecessary border disputes by emphasizing how science negotiates such questions in relation to theory and evidence. I also discuss several objections to this approach, including a “moral hesitation” some have to allowing broader application of the concept of life to include artificial life. (shrink)

This article seeks to provide a theoretical exploration of Prandi's model of conceptual conflicts in metaphors (2017) and to highlight the advantages such model presents in its applications to translation and the text analysis preceding and preparing translation. Such advantages are mainly identified in the model aptness to meet the pragmatic requirements of translation, seen as a practice-based, goal-oriented and context-driven activity. These advantages also distinctly emerge from a comparison with the main tenets of the cognitive tradition. The theoretical basis (...) for an understanding of conceptual conflict and its applications to translation are illustrated through the analysis of three brief excerpts from literary texts in English and their Italian translation. (shrink)

This paper distinguishes two versions of Ryle's notion of 'logical geography'. Logical geography: The network of relationships between current uses of a collection of concepts. (Probably what Ryle meant by the term.) Logical topography Features of the portion of reality, or types of portions of reality, related to a given set of concepts, where the reality may be capable of being divided up in different ways using different networks of relationships between concepts. -/- Studying/analysing logical topography includes evaluating the alternative (...) divisions in terms of the theories or applications that are supported by the different sets of concepts, or perhaps some other uses of the concepts. -/- On re-reading Appendices III and IV of my Oxford DPhil thesis "Knowing and Understanding Relations between meaning and truth, meaning and necessary truth, meaning and synthetic necessary truth",, online here, I found to my surprise that several of the topics discussed below had been discussed in those two Appendices, and that the distinction between logical topography and logical geography was made in Appendix IV, discussing conceptual analysis, even though I did not use these words. (shrink)

This thesis focuses on models of conceptual change in science and philosophy. In particular, I developed a new bootstrapping methodology for studying conceptual change, centered around the formalization of several popular models of conceptual change and the collective assessment of their improved formal versions via nine evaluative dimensions. Among the models of conceptual change treated in the thesis are Carnap’s explication, Lakatos’ concept-stretching, Toulmin’s conceptual populations, Waismann’s open texture, Mark Wilson’s patches and facades, Sneed’s structuralism, and Paul Thagard’s conceptual revolutions. (...) -/- In order to analyze and compare the conception of conceptual change provided by these different models, I rely on several historical reconstructions of episodes of scientific conceptual change. The historical episodes of scientific change that figure in this work include the emergence of the morphological concept of fish in biological taxonomies, the development of scientific conceptions of temperature, the Church-Turing thesis and related axiomatizations of effective calculability, the history of the concept of polyhedron in 17th and 18th century mathematics, Hamilton’s invention of the quaternions, the history of the pre-abstract group concepts in 18th and 19th century mathematics, the expansion of Newtonian mechanics to viscous fluids forces phenomena, and the chemical revolution. I will also present five different formal and informal improvements of four specific models of conceptual change. I will first present two different improvements of Carnapian explication, a formal and an informal one. My informal improvement of Carnapian explication will consist of a more fine-grained version of the procedure that adds an intermediate, third step to the two steps of Carnapian explication. I will show how this novel three-step version of explication is more suitable than its traditional two-step relative to handle complex cases of explications. My second, formal improvement of Carnapian explication will be a full explication of the concept of explication itself within the theory of conceptual spaces. By virtue of this formal improvement, the whole procedure of explication together with its application procedures and its pragmatic desiderata will be reconceptualized as a precise procedure involving topological and geometrical constraints inside the theory of conceptual spaces. My third improved model of conceptual change will consist of a formal explication of Darwinian models of conceptual change that will make vast use of Godfrey-Smith’s population-based Darwinism for targeting explicitly mathematical conceptual change. My fourth improvement will be dedicated instead to Wilson’s indeterminate model of conceptual change. I will show how Wilson’s very informal framework can be explicated within a modified version of the structuralist model-theoretic reconstructions of scientific theories. Finally, the fifth improved model of conceptual change will be a belief-revision-like logical framework that reconstructs Thagard’s model of conceptual revolution as specific revision and contraction operations that work on conceptual structures. -/- At the end of this work, a general conception of conceptual change in science and philosophy emerges, thanks to the combined action of the three layers of my methodology. This conception takes conceptual change to be a multi-faceted phenomenon centered around the dynamics of groups of concepts. According to this conception, concepts are best reconstructed as plastic and inter-subjective entities equipped with a non-trivial internal structure and subject to a certain degree of localized holism. Furthermore, conceptual dynamics can be judged from a weakly normative perspective, bound to be dependent on shared values and goals. Conceptual change is then best understood, according to this conception, as a ubiquitous phenomenon underlying all of our intellectual activities, from science to ordinary linguistic practices. As such, conceptual change does not pose any particular problem to value-laden notions of scientific progress, objectivity, and realism. At the same time, this conception prompts all our concept-driven intellectual activities, including philosophical and metaphilosophical reflections, to take into serious consideration the phenomenon of conceptual change. An important consequence of this conception, and of the analysis that generated it, is in fact that an adequate understanding of the dynamics of philosophical concepts is a prerequisite for analytic philosophy to develop a realistic and non-idealized depiction of itself and its activities. (shrink)

This essay argues that the logical significance of most natural language expressions is indefinitely elastic. This, it is argued, undermines the idea that the meaning of a word is an item for which it stands, and puts pressure on the methods of conceptual analysis and theoretical elucidation that require context-invariant stable application conditions. Furthermore, it is argued that the insistence that such semantic content is needed which—impervious to local pragmatic concerns—remains stable and available for reasoning, gets things back (...) to front. For in order to determine the correct inflection of any given use of an expression, its inferential relations—in the context of an utterance—must already be discerned. The lack of contextually independent content, however, presents no mystery about language use. For the ability to understand what is said is explained not only by shared practices and common interests, but also by the capacity for interlocutors to ask questions and explain what they mean. (shrink)

Excerpt from The Pragmatic Element in Knowledge And whatever our concepts or meanings may be, there is a truth about them just as absolute and just as definite and certain as in the case of mathematics. In other fields we so seldom try to think in the abstract, or by pure logic, that we do not notice this. But obviously it is just as true. Wherever there is any set of interrelated concepts, there, quite apart from all questions of (...) class='Hi'>application or the things we use them of, we have generated a whole complex array of orderly relations or patterns of meaning. And there must be a truth about these - a purely logical truth, in abstracto, and a truth which is certain apart from experience - even though this is only a part of the truth which we want to discover, and the rest of it is of a quite different sort which depends upon experience. Ordinarily we do not separate out this a'priori truth, because ordinarily we do not distinguish the purely logical significance of concepts from the application of words to sensible things. In fact it is only the mathematician who is likely to do this at all. But I should like to indicate that this separation is always possible and that it is important for the understanding of knowledge. To this end, let me use the term 'concept' for this element of purely logical meaning. We can then discriminate the conceptual element in thought as the element which two minds must have in common - not merely may have or do have but absolutely must have in common - when they understand each other. I suppose it is a frequent assumption that we are able to apprehend one another's meanings because our images and sensations are alike. But a little thought will Show that this assumption is very dubious. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works. (shrink)

_What, After All, Is a Work of Art? _directs our attention toward historicity, the inherent historied nature of thinking, and the artifactual, culturally emergent nature of both art and human selves. While these are familiar themes in Margolis's well-known studies of art and culture, they are largely neglected in English-language aesthetics and even philosophy in general. Margolis brings these primary themes to bear on a number of strategically selected issues: the modernism/postmodernism dispute; the treatment of modernist and "post-historical" painting in (...) Clement Greenberg and Arthur Danto; the coherence of relativism in interpreting art and the relevance of cultural relativity; the difference between artworks and persons as culturally constituted entities in contrast to natural entities and with regard to the logic of interpretation; the import of film on the theory of the relationship between understanding ourselves and understanding art, with special attention to the views of Walter Benjamin; and the propriety of the analogy between artworks and selves, as cultural entities, by way of treating the arts as a form of human "utterance." Although the argument is largely focused on certain particularly strenuous puzzles in the philosophy of art, the validity of Margolis's claims are more far reaching. If, through incorporating the reality of physical and biological nature, the emergence of art and human selves cannot rest satisfactorily on exemplars selected from nature alone, then certain fashionable views of science, of canons of understanding, conceptual resources, logic, rationality, and the like may well have to yield ground to ampler models that have been largely marginalized or overridden. In particular, the admission of historicity, the nerve of Margolis's argument, invites a decisive conceptual reorientation. _What, After All, Is a Work of Art? _is based on a series of lectures Margolis delivered at various universities in Japan in the Spring of 1997, while serving as a fellow of the Japan Society for the Promotion of Science. (shrink)

LIU W, MANIAS E and GERDTZ M. Nursing Inquiry 2011; 18: 290–302 Understanding medication safety in healthcare settings: a critical review of conceptual modelsCommunication can impact on the way in which medications are managed across healthcare settings. Organisational cultures and the environmental context provide an added complexity to how communication occurs in practice. The aims of this paper are: to examine six models relating to medication safety in various hospital and community settings, to consider the strengths and limitations of (...) each model and to explore their applications to medication safety practices. The models examined for their ability to address the complexity of the medication communication process include causal models, such as the Human Error Model and the System Analysis to Clinical Incidents Model, and exploratory models, such as the Shared Decision‐Making Model, the Medication Decision‐Making and Management Model, the Partnership Model and the Medication Communication Model. The Medication Communication Model provides particular insights into possible interactions between aspects that influence medication safety practices. The implications of all six models for healthcare practice and future research are also discussed. (shrink)

How do words mean? What is the nature of meaning? How can we grasp a word's meaning? The frame-semantic approach developed in this book offers some well-founded answers to such long-standing, but still controversial issues. Following Charles Fillmore's definition of frames as both organizers of experience and tools for understanding, the monograph attempts to examine one of the most important concepts of Cognitive Linguistics in more detail. The point of departure is Fillmore's conception of "frames of understanding" (...) - an approach to (cognitive) semantics that Fillmore developed from 1975 to 1985. The envisaged Understanding Semantics ("U-Semantics") is a semantic theory sui generis whose significance for linguistic research cannot be overestimated. In addition to its crucial role in the development of the theoretical foundations of U-semantics, corpus-based frame semantics can be applied fruitfully in the investigation of knowledge-building processes in text and discourse. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Response to Graham McPhail, “Too Much Noise in the Classroom? Towards a Praxis of Conceptualization,” Philosophy of Music Education, 26, No. 2 (2018): 176–98.Patrick K. Freer“Are you all right, Sir?” asked the head trainer. I was on the treadmill at the gym, reading Graham McPhail’s “Too Much Noise in the Classroom?”1 as I worked up a sweat. Apparently I got so engaged by McPhail’s writing that my heart rate (...) spiked sufficiently to trigger a warning monitor at the front desk. I suspect not many others at the gym would agree that McPhail’s article qualifies as a pulse-racing, spine-tingling thriller. Still, I found the article to be revelatory in its content, scope, and style. In this brief essay, I will provide a few contextual and reflective comments regarding elements of his argument, state why I feel McPhail’s article is important, and describe two examples of how I plan to use his article as a framework for the consideration of philosophical concepts in music education.NOISE“Noise” is a curious word. The term has etymological origins in the Latin “nausea” with its connotations of discomfort and it gradually became associated [End Page 87] with “discord” or “quarrel” during the medieval period.2 The “noise” referenced in McPhail’s article title is akin to statistical noise in a research study: random data points that are discordant with the underlying facet being revealed or examined. McPhail likens this concept of noise to some current conversations about music education’s curricular and pedagogical foundations, specifically those centered on the aesthetic versus paraxial debates and with “political, emancipatory, and social justice aspirations.”3 McPhail writes that resultant pedagogies can unwittingly inhibit intended musical outcomes when “teachers decide not to ground knowledge in use in the systems of meaning from which they are derived.”4 These systems of meaning, McPhail offers, are concentrated in music’s “universal or context-independent concepts”5 from which arise the questions “what are these systems of meaning?” and “how can we make them meaningful for students?”6 These questions imply distinctions between epistemology and pedagogy and they necessitate consideration of a child’s cognitive growth in order for the answers to guide a teacher toward the development of meaningful educative processes in classrooms.7CURRICULUM AND PEDAGOGYA central point of McPhail’s argument is that proponents of postmodern approaches to music education occasionally conflate pedagogy with curriculum. This can be seen in our professional journals, for example, when authors position music as the means to any number of activist ends rather than focusing on the teaching and learning of music through emancipatory principles.8 McPhail argues, correctly in my view, that music’s praxis should inform the various pedagogies we might employ when teaching music, while the conceptualization of music provides the core content of what it is we are to teach in the first place. That curricular dilemma, how versus what, is the crucible necessary to balance our conversations about equity and relevance in—and to—music education. It is possible to realize approaches to pedagogy that embrace vernacular musics, reflect social issues, and promote consciousness of action and reaction. These approaches should certainly be thought provoking, engaging, and relevant to the lives of students. But, without a defined curricular plan for guiding students to musical understandings that cumulatively build toward increasing levels of expertise, it is unlikely that the music education endeavor will be as efficient or empowering as it might otherwise be.In a 2014 essay, McPhail wrote that schools can offer the conceptual grounding that expands possibilities for students through “knowledge that is context-independent rather than context-dependent.”9 McPhail argues that this approach to teaching invokes principles of social justice itself as it provides formal knowledge [End Page 88] that students can then apply to informal contexts beyond the classroom. McPhail offers in his earlier work that “if the boundaries between informal knowledge and the more formal knowledge offered in the school are dissolved students may be at a loss to see what school can actually offer them.”10PEDAGOGY AND CHILD DEVELOPMENTMcPhail identifies music’s underlying, related concepts as one of three... (shrink)

The Eurocentric canon remains the predominant focus of music education often excluding the role of music and experiences of Black individuals and people of color. This singular perspective creates an incomplete and inaccurate understanding of the comprehensive nature of music and the humans who create, perform, and engage with it. In this article, the author shares her experience as a Black music educator and her aspirations for a music profession that incorporates the full range of human music engagement and (...) expression. The paper begins with a reflection on W.E.B. DuBois’s double consciousness followed by an exploration of the nuances, complexities, contradictions, and beauty of being a Black educator in a primarily white field. Subsequently, the essay presents four conceptual principles for a reimagined, inclusive music education approach, drawing inspiration from Sylvia Wynter’s “new science of the Word.” These principles advocate retelling the music education narrative to incorporate historically marginalized voices, reorienting music education to be human-centered, embracing interdisciplinary approaches to view music teaching and learning, and acknowledging the power of music in uplifting the human condition. Finally, this paper proposes a pathway for reconciling diverse identities prevalent in American culture with music education and academia. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Commentary on “Spiritual Experience and Psychopathology”Andrew Sims (bio)In examining this interesting paper, we need first of all to understand what the authors are doing. They are not taking the conceptual vehicles of “spiritual experience” (SE) and “psychotic phenomena” (PP) for a gentle outing, but exposing both of them to the hardest road test they can devise. From 1,000 accounts of “spiritual experiences” that were already so dramatic that those (...) involved were prepared to describe them, the authors selected three which most successfully blurred the boundaries between SE and PP. So we are not exploring whether these concepts have general practical validity, but whether their mutual frontiers are discrete or overlapping. The authors’ task is legitimate, but it needs to be recognized for what it is.Unusual spiritual experiences are interpreted by the authors as psychotic symptoms, and the definitions of the Present State Examination (PSE) descriptions are cited to justify this. However, we have known for a long time that using instruments for purposes for which they were not designed can produce unexpected results; it is rather like washing socks in a dishwasher and being surprised that it does little good to the socks. The PSE was devised for categorizing and quantifying existing psychiatric disorders in epidemiological studies. The further one gets from this, its true purpose, the less satisfactory it becomes as an instrument. A better way of evaluating symptomatology in an individual case is a skilled and painstaking interview by a well-trained descriptive psychopathologist. One can only conclude from the authors’ use of the PSE in distinguishing SE from PP, that the instrument itself is not capable of doing this, which is not really very surprising. One can form no views on the concepts of SE and PP themselves, except that in some circumstances they may be difficult to tell apart.It would be easy to dispute whether Simon’s beliefs were delusions. Believers from many religious backgrounds “know” that God gives them thoughts or ideas, and it requires detailed psychopathological examination, and not the application of a questionnaire, to distinguish this from the much more concrete experience as described in PSE of “inserted thoughts.”Rating scales, be they assessments of the quality of teaching in primary schools or quantification of established psychotic symptoms, are necessarily only a pale reflection and an over-simplification of the skilled work that professionals undertake. To imply that because a score could be given on the PSE to an otherwise healthy woman who describes the frequent experience of hearing God’s voice, denies the validity of her experience, but also affronts the professional skills of a trained psychopathologist. When psychiatrists, or even [End Page 79] untrained research workers, use the PSE they are presumably doing so as part of an epidemiological research study, and the validity of their individual result is evened out by results from a number of other subjects. If a psychiatrist is trying to decide whether Sara had “true” hallucinations, he or she will carry out a psychopathological interview in which the criteria for establishing true hallucinations are much more sophisticated than is possible in a questionnaire, and the interview will be individualized. Sara’s significant statement, “but God doesn’t take your free will away,” immediately distinguishes her diagnosis from schizophrenia. It was good that Sara’s priest did not need detailed knowledge of psychopathology to come to a common-sense evaluation of her experience.It was with some feelings of disappointment that I realized that when the authors use the word “psychotic” they merely mean that a tick could be placed in an appropriate box for the PSE. If one were to carry out an investigation of serum electrolytes on a fit athlete on completion of a marathon, one would get bizarre and probably abnormal results. For a quantified investigation to be meaningful, one must always take account of the context.When I read these three cases as a psychopathologist, I find no convincing psychotic phenomena, and the three human beings were undoubtedly not psychotic at the time of expression of their religious experiences. The word psychosis is not helpful in psychopathology: if one looks more specifically in these cases for the phenomena... (shrink)

In an increasingly global environment, managers face a dilemma when selecting and applying moral values to decisions in cross-cultural settings. While moral values may be similar across cultures (either in different countries or among people within a single country), their application (or ethics) to specific situations may vary. Ethics is the systematic application of moral principles to concrete problems.This paper addresses the cross-cultural ethical dilemma, proposes a tentative model for conceptualizing cross-cultural ethics, and suggests some ways in which (...) the model may be tested and operationalized. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:A History of Early Vedānta Philosophy, Part TwoAndrew O. FortA History of Early Vedānta Philosophy, Part Two. By Hajime Nakamura. Translated by Hajime Nakamura, Trevor Leggett, et al.. Edited by Sengaku Mayeda. Delhi: Motilal Banarsidass, 2004. Pp. xxi + 842. Hardcover $58.95.First, to address the exact nature of this volume: the bulk of A History of Early Vedānta Philosophy, Part Twoby Hajime Nakamura was part of Nakamura's doctoral (...) thesis submitted to Tokyo University in 1942, with, as the front flap states, "many additions and revisions done by the author himself." Part 1 was published by Motilal Banarsidass in 1976. For those interested, that first volume includes four parts: the chronology and significance of early Vedānta philosophy, early Vedānta philosophy as seen by other Indian (particularly Buddhist) thinkers and schools, scholars before the Brahmasūtra, and the nature and content of the Brahmasūtraitself. Part 2 is thus rather overdue, although various portions of this volume were published in the 1960s and 1970s. Hence, we should be grateful that the English-speaking world finally has more of the vast erudition of this titan of scholarship on Hindu thought, yet acknowledge that this is as much a pioneering historical document in Advaita research as a contribution to current knowledge.Despite this reservation, let us begin with fulsome praise: how many scholars in any discipline from any period can rival Hajime Nakamura? Even in his dissertation, he shows wide familiarity with Hindu and Buddhist thought, having consulted sources in Sanskrit, Pāli, Prakrit, Tibetan, Chinese, Japanese, English, German, and probably others. Who, ever again, would have the courage, or the linguistic skills, to attempt a book called Ways of Thinking of Eastern Peoples?Truly this was a jñānasāgara!Still, one must say that the present volume has shortcomings beyond age: it is not particularly well-organized or "user-friendly," not always well-focused, and sometimes repetitious. The translations, while clear, are generally not graceful. And in the decades since the bulk of this was written, much additional scholarship on key figures and texts discussed therein has been published, and new theoretical conceptualizations have arisen to aid our understandings. Depending on one's view, this text reveals the notable absence of (or freedom from) contemporary scholarly currents of postcolonial, postmodern, or feminist critique, nor does it reflect the move to greater social history often apparent today. It is also surprisingly noncomparative, given the author's later work. This, then, is mostly a traditional history of the development of ideas by one of the pitāmahasof classical Indian scholarship.The book is divided into four basic sections. First are remarks on the life, works, and ideas of post- Brahmasūtrabut pre-Śaṅkara thinkers such as Upavarṣa, Bodhāyana (who influenced Rāmānuja), and Bhartṛprapañca (whom Śaṅkara and Sureśvara opposed, particularly on jñānakarma-samuccaya), with frequent comparisons of their thinking with that of Śaṅkara. This section well traces the basic time and lineage of key thinkers, and nicely unpacks their views and later influence. [End Page 480]Next is an extended consideration of Gauḍapāda's Māṇḍükyakārikās, which is probably the most important pre-Śaṅkara Advaita work. Nakamura describes and offers extensive analysis of each chapter (prakaraṇa)and its characteristics separately, particularly the thought (on consciousness states, māyā, ajātivāda, and Buddhist ideas, respectively) and practices ( ommeditation, Self-realization, asparśayoga, etc.) distinctive to each. He clearly shows the differences in doctrine and application among the chapters, and between them and the Māndūkya Upaniṣad. Nakamura raises the questions of the text's authorship, sacrality, unity, and extent of Buddhist influence, which had already been debated by many scholars at that time, and yet this section shows its age; while even-handedly summarizing the discussion to that point, and offering his own judiciously reasoned conclusions (most importantly, that they are four independently composed treatises), his conclusions are neither groundbreaking nor today near to the last word. In fact, I was reminded of reading through those debates as I was... (shrink)

BackgroundPublic health scholars have long called for preparedness to help better negotiate ethical issues that emerge during public health emergencies. In this paper we argue that the concept of ethical preparedness has much to offer other areas of health beyond pandemic emergencies, particularly in areas where rapid technological developments have the potential to transform aspects of health research and care, as well as the relationship between them. We do this by viewing the ethical decision-making process as a behaviour, and conceptualising (...) ethical preparedness as providing a health research/care setting that can facilitate the promotion of this behaviour. We draw on an implementation science and behaviour change model, COM-B, to demonstrate that to be ethically prepared requires having the capability, opportunity, and motivation to work in an ethically prepared way.MethodsWe use two case examples from our empirical research—one pandemic and one non-pandemic related—to illustrate how our conceptualisation of ethical preparedness can be applied in practice. The first case study was of the UK NHSX COVID-19 contact tracing application case study involved eight in-depth interviews with people involved with the development/governance of this application. The second case involved a complex case regarding familial communication discussed at the UK Genethics Forum. We used deductive qualitative analysis based on the COM-B model categories to analyse the transcripbed data from each case study.ResultsOur analysis highlighted that being ethically prepared needs to go beyond merely equipping health professionals with skills and knowledge, or providing research governance actors with ethical principles and/or frameworks. To allow or support these different actors to utilise their skills and knowledge, a focus on the physical and social opportunity is important, as is a better understanding the role of motivation.ConclusionsTo understand ethical preparedness, we need to view the process of ethical decision-making as a behaviour. We have provided insight into the specific factors that are needed to promote this behaviour—using examples from both in the pandemic context as well as in areas of health research and medicine where there have been rapid technological developments. This offers a useful starting point for further conceptual work around the notion of being ethically prepared. (shrink)