Is the dream of EU endangered? This book reviews classic and modern values and virtues, and uses them in order to rethink Europe's present politics and its future. The idea of the Republic was born with the political ethics of ancient Greece. The current international crisis obliges Europe to face the mirror of truth: What has become of the European Idea and how fares the European Constitution? It has been a long road from the Greek Politeia to the present (...) lack of values and financial monomania in Europe, who seems to have lost any harmony between the spirit, the soul and the body of her Constitution: the will and values of the people (material constitution), the text of the Lisbon Treaty (formal constitution) and its current political interpretation and action (real constitution), making Europe a two-tier or three-tier club, far from the dream of the founding fathers. Without republican values and virtues, and failing to uphold the European social model, the European Union would devolve into moral, social and democratic bankruptcy. (shrink)

Focusing on the constitutional changes undergone since 2005 in Iraq, Sudan, Morocco, Tunisia and Egypt, this article explains how the constitutional limitation clauses affected the respective material constitutional transformations. The explanatory value of the limitation clauses is tested, with possible causalities (as well as non-causal relations) explored through a case study. Generalizing research arguments are offered, theorizing about the material constitutional transformation processes in authoritarian and post-authoritarian scenarios. The research arguments shed light on the limitation clauses’ potential to (...) reveal the policy intent underlying the constituent power, as well as their negative implications for a proper democratic consolidation, their effects in keeping dynamics of political immobilism, and their consequences in terms of favouring instances of authoritarian regression. (shrink)

This dissertation engages critically with the metaphysical implications of the respective transcendentalisms of Husserl, Deleuze, and Kant in an attempt to disclose their largely untapped resources for a renewed consideration of the ability of science to grasp reality as it is in-itself. Chapter 1 examines the metaphysical implications of Husserl’s critique of natural scientific objectivity in his later transcendental philosophy in connection to his early formulations of phenomenological objectivity around the axis of the distinction between metaphysics as the science of (...) real Being and formal ontology as the science of Being in the most universal sense. I argue that Husserl’s phenomenological metaphysics constitutes a framework in which the ideal Being of the transcendental dimension of experience operates as the condition for the possibility of natural scientific objectivity. Chapter 2 scrutinizes Deleuze’s characterization of intensity as a transcendental concept rather than a scientific one against the background of his metaphysics of difference and his critique of the shortcomings of Kant’s transcendental idealism for addressing the transcendental conditions for the genesis of real experience. Through a reading of Deleuze’s metaphysics of difference and intensity in connection to his confinement of the creative productivity of scientific thought to a plane of reference, I argue that the creativity apropos to the scientific engagement with material reality necessitates that such creativity is conditioned by the same transcendental considerations operative in a metaphysics of difference at a broad scale. Against the backdrop of Husserl’s and Deleuze’s respective criticisms of the inadequacy of Kant’s transcendental idealism for articulating the material component of experience, Chapter 3 studies Kant’s later iv conception of ether as the simultaneously empirical and transcendental condition for the possibility and unity of experience. Through an examination of Kant’s renewed understanding of materiality as the necessary and sufficient condition for scientific objectivity in connection with the problematic objectivity of the transcendental ideas created by pure reason in Kant’s Critical philosophy, I suggest that Kant’s later articulation of materiality on transcendental grounds simultaneously addresses the objectivity and the creativity pertinent to the encounter of scientific Thought with material/physical reality. (shrink)

_ Source: _Volume 56, Issue 3-4, pp 241 - 271 William of Ockham and John Buridan provide different accounts of the distinction between formal and material consequences. Some consequences – in particular, enthymemes – that Ockham would classify as formal would be classified as material by Buridan. This paper explains this taxonomical discrepancy. It identifies the root of the discrepancy not in a difference between Ockham’s and Buridan’s notions of propositional hylomorphism but rather in Ockham’s endorsement (...) of relational characterizations of consequences. (shrink)

Are the sculpture and the mass of gold which permanently makes it up one object or two? In this article, we argue that the monist, who answers ‘one object’, cannot accommodate the asymmetry of material constitution. To say ‘the mass of gold materially constitutes the sculpture, whereas the sculpture does not materially constitute the mass of gold’, the monist must treat ‘materially constitutes’ as an Abelardian predicate, whose denotation is sensitive to the linguistic context in which it appears. (...) We motivate this approach in terms of modal analyses of material constitution, but argue that ultimately it fails. The monist must instead accept a deflationary, symmetrical use of ‘materially constitutes’. We argue that this is a serious cost for her approach. (shrink)

Lynne Baker’s Constitution Theory seems to be the farthest-reaching and yet the most subtly elaborated antireductive metaphysics available today. Its original theoretical contribution is a nonmereological theory of material constitution, which yet has a place for classical and Lewisian mereology (this formalized version of Materialism). Constitution Theory hence apparently (i) complies with modern natural science, and yet (ii) rescues the concrete everyday world, and ourselvesin it, from ontological vanity or nothingness, and (iii) does it by avoiding (...) dualism. Why, then, does it meet so many opponents—or rather, why are its many opponents so stubbornly resisting the very idea of constitution, in Baker’s form? One of the most resisted claims is (iii). Is unity without identity—the feature distinguishing the relation between constituting and constituted things—the only nondualist way to oppose reductionism? What would be the price to pay for unity with identity—without reduction? What I (jokingly) call the Unitarian Tradition, going back to Plato, keeps working out the original Platonic way of constructing acomplex object as a Unity comprising a Collection, as opposed to the Aristotelian suggestion of opposing Collections and Substances. For once you have split things apart ontologically, unifying them again may prove a very hard task. (shrink)

In the first part ("Determination"), I consider different notions of determination, contrast and compare modal with non-modal accounts and then defend two a-modality theses concerning essence and supervenience. I argue, first, that essence is a a-modal notion, i.e. not usefully analysed in terms of metaphysical modality, and then, contra Kit Fine, that essential properties can be exemplified contingently. I argue, second, that supervenience is also an a-modal notion, and that it should be analysed in terms of constitution relations between (...) properties. In the second part ("A Theory of Truthmaking"), I first review the literature on ontological commitment, and argue that the notion of truthmaking is better suited to play its explanatory rôle. I then argue that we should take truthmaker theory seriously, and that we should provide actual truthmakers for all truths there are. In the last chapter of this part, I review Armstrong's truthmaker theories and argue that they are unsatisfactory. I generalise my criticism to an argument against truthmaker necessitarianism, the view that truthmakers necessarily make true the truths they are truthmakers of. In the third part ("Properties and their Kind(s)"), I discuss qualitative determination. I present and endorse the truthmaker argument for universals, and defend universalism against friends of tropes, states of affairs and facts. I then give a novel characterisation of the important class of intrinsic properties, building on Lewis' work. With a workable notion of intrinsicness at hand, I argue that relations are ontologically – but not "ideologically" – dispensable: qualitative determination in general is a matter of intrinsic structure. In the future, I plan to add two parts and to publish my thesis as a book: In the fourth part ("Exemplification"), I argue for the existence of an exemplification relation tying universals and particulars together. I derive theoretical benefits from this relation by providing adverbialist theories of modality and tense and identify exemplification with a type of parthood. In the fifth part ("Qua qua qua"), I investigate the curious and interesting ontological category of so-called "qua-objects" (Picasso-as-a-painter, for example) and argue that they exist, are not identical with transworld indidivuals or modal parts and that they provide (contingent) truthmakers for all true predications. (shrink)

Are the sculpture and the mass of gold which permanently makes it up one object or two? In this article, we argue that the monist, who answers ‘one object’, cannot accommodate the asymmetry of material constitution. To say ‘the mass of gold materially constitutes the sculpture, whereas the sculpture does not materially constitute the mass of gold’, the monist must treat ‘materially constitutes’ as an Abelardian predicate, whose denotation is sensitive to the linguistic context in which it appears. (...) We motivate this approach in terms of modal analyses of material constitution, but argue that ultimately it fails. The monist must instead accept a deflationary, symmetrical use of ‘materially constitutes’. We argue that this is a serious cost for her approach. (shrink)

The paper examines Posterior Analytics II 11, 94a20-36 and makes three points. (1) The confusing formula ‘given what things, is it necessary for this to be’ [τίνων ὄντων ἀνάγκη τοῦτ᾿ εἶναι] at a21-22 introduces material cause, not syllogistic necessity. (2) When biological material necessitation is the only causal factor, Aristotle is reluctant to formalize it in syllogistic terms, and this helps to explain why, in II 11, he turns to geometry in order to illustrate a kind of (...) class='Hi'>material cause that can be expressed as the middle term of an explanatory syllogism. (3) If geometrical proof is viewed as a complex construction built on simpler constructions, it can in effect be described as a case of purely material constitution. (shrink)

This paper discusses the philosophical argument and the application of the Triple Font Theory for moral evaluation of human acts and attempts to integrate the conceptual components of major moral theories into a systematic internally consistent decision-making model that is theoretically driven. The paper incorporates concepts such as formal and material cooperation and the Principle of Double Effect into the theoretical framework. It also advances the thesis that virtue theory ought to be included in any adequate justification of (...) morality and the need to integrate or coordinate notions of virtue into various act-oriented or principles-based ethics. The TFT offers a comprehensive and practical approach to ethical decision-making and is a useful alternative embedded in traditional wisdom. This paper provides a more general framework of the TFT than traditionally presented. Practical judgment is shown to play a constitute role in providing a guide for right action and is the “glue” that integrates the various components of the TFT. (shrink)

There is ample justification for having analogical material in standardized tests for graduate school admission, perhaps especially for law school. We think that formal-analogy questions should compare different scenarios whose structure is the same in terms of the number of objects and the formal properties of their relations. The paper deals with this narrower question of how legitimately to have formal analogy test items, and the broader question of what constitutes a formal analogy in general.

John Norton’s argument that all formal theories of induction fail raises substantive questions about the philosophical analysis of scientific reasoning. What are the criteria of adequacy for philosophical theories of induction, explanation, or theory structure? Is more than one adequate theory possible? Using a generalized version of Norton’s argument, I demonstrate that the competition between formal and material theories in philosophy of science results from adhering to different criteria of adequacy. This situation encourages an interpretation of “ (...) class='Hi'>formal” and “material” as indicators of divergent criteria that accompany different philosophical methodologies. I characterize another criterion of adequacy associated with material theories, the avoidance of imported problems, and conclude that one way to negotiate between conflicting criteria is to adopt a pluralist stance toward philosophical theories of scientific reasoning. (shrink)

From Aristotle we can learn how our understanding of human action may profit from a certain way of reading what he has to say about the inherent teleology of cognition. Much as cognition, as such, aims at judging correctly on the basis of suitable reasons, action, as such, aims at doing the right thing for the right reasons. Moreover, one cannot determine whether “the right thing” is being done in a given situation without first determining whether appropriate patterns of motivation (...) would have prompted it in that situation. (shrink)

Antonio Negri’s article explores the relationship between the juridical categories of ‘public’ and ‘private’ and the political concept of the common through the theme of the ‘material constitution’ defining actual relations of power which defy the crystallization of ‘formal constitutions’. The financial convention shaping the material constitution of contemporary capitalism refers to the rise of what Foucault called biopower, where value is no longer the expression of a mere quantity of commodities but of a set (...) of activities and services, which are immediately cooperative. In this context, any form of measure cannot but be political and hence it must be established through new forms of economic governance. The social relation of capital becomes immediately political once money displaces labour as rule, norm and measure of value. As a result, processes of political subjectivation within the Eurocrisis combine de-stituent and con-stituent movements: requests for insolvencies, social occupations, commoning and mutualization are the means through which social struggles formulate the multitudes’ demands for ‘equality as a condition of freedom’. (shrink)

Based on Aristotle's analysis of the form and matter found in human thought, this book examines the three steps the mind takes in arriving at the truth: defining, judging, and reasoning. The author further analyzes the type of material demanded for scientific or demonstrative knowledge: universal, necessary, and proper propositions and applies this examination to modern science.

From Aristotle we can learn how our understanding of human action may profit from a certain way of reading what he has to say about the inherent teleology of cognition. Much as cognition, as such, aims at judging correctly on the basis of suitable reasons , action, as such, aims at doing the right thing for the right reasons . Moreover, one cannot determine whether “the right thing” is being done in a given situation without first determining whether appropriate patterns (...) of motivation would have prompted it in that situation. (shrink)

The present paper is an attempt to study the acts and intentions which set up for the subject, and for the community of subjects, a set of values and disvalues which impose themselves as valid upon everyone, and which everyone must tend to prescribe, or to warn against, for everyone. The acts which set up a formal apophantic and ontology have been studied by Husserl in his Formal and Transcendental Logic , but he has not set out a (...) comparable theory of the acts which set up a universally valid system of values and disvalues. He has not done so because he does not believe in such a system, because his thought goes no further than the values set up for and felt to hold in a given group or society. It is my view that there is an ineluctable progress from these relativistic group-values to a set of values and disvalues holding for everyone, and that moreover in their relation to everyone, and that these values and disvalues have definite and undeniable shapes and locations, even if these shapes also have somewhat nebulous contours. The views I am expounding on this occasion are not new: they are fully set out in my Values and Intentions and my Axiological Ethics and in other writings. Ideas, however, require restatement at intervals, with a suitable change of idiom and emphasis. And I feel my views on this topic to have a claim to truth simply because, quite differently from my views on other topics, and despite constant reflection, they have hardly changed over the last two decades. The inspiration for these views was only in part Husserlian, as I do not think that the emotional and the axiological are really Husserl's strong suit. Strangely enough, that dry thinker Meinong would seem to have had a much richer emotional life and the ability to frame a theory to fit it, than the much easier and at times effusive thinker Husserl. Meinong's 1917 Austrian Imperial Academy treatise, On Emotional Presentation , recently translated for the Northwestern Phenomenology series, is a much more systematic investigation of the presuppositions of value-theory than any writing of a professed phenomenologist. What I have to say will build considerably on Meinong, always a major influence in my thought. But I have also been much influenced in my approaches to value-theory by the transcendental methods of Kant. Kant, I think, could very well have worked out a transcendental deduction of the heads of value and disvalue, a deduction much more illuminating than the dogmatic intuitionism of Scheler and Hartmann, instead of producing the arid triad of categorical imperatives that were all that he actually deduced. Imperatives, I consider, are secondary structures in value-constitution: the primary structures are the ultimate objects of necessary, rational pursuit and avoidance which Kant wrongly thought of as involving heteronomy and a corruption of pure form by matter. There is, I shall argue, nothing more free from extraneous, pathological material than the objects of the pursuits and avoidances in question. (shrink)

According to a long interpretative tradition, Aristotle holds that the formal cause is the ultimate object of induction when investigating perceptible substances. For, the job of induction is to find the essential nature common to a set of individuals, and that nature is captured solely by their shared formal cause. Against this view, I argue that Aristotle understands perceptible individuals as irreducibly composite objects whose nature is constituted by both their formal and their material cause. As (...) a result, when investigating perceptible objects, the job of induction is to discover their composite, formal and material nature. The process by which universal claims about this composite nature are justified, I argue, is similar to what we now know as mathematical induction. In particular, such claims are grounded in a non-enumerative, but replicable process in which things are resolved into their simplest components. As a result, the observation of past uniformities has, at most, a heuristic function in scientific inquiry. (shrink)

In the past years, the relevance of Thomas Aquinas's theory of cognition for contemporary debates on epistemology has been widely discussed. That theory claims that mind and world are formally identical and that this relationship overcomes various problems associated with scepticism concerning mental representation. The proposal, however, is grounded on the idea that the world can act on the mind through a relation of formal causation. This thesis attempts to develop a Thomistic theory of formal causation which may (...) be suitable for a realist account of mental representation and which may meet the requirements prompted by current discussions. The suggested view is grounded on Aquinas's metaphysics, according to which the world is constituted of substances. The claim that change is possible since substances are hylomorphically constituted is defended. Aquinas's claim that some substances have forms which may act independently of matter is also supported. The paradigmatic examples are human souls, i.e. the forms of human beings, whose higher cognitive capacity, i.e. thinking, can be in principle carried on without the need of any material organ. A Thomistic theory of causation is subsequently proposed. It is argued that hylomorphism explains the distinction among four species of causes. Aquinas's attempt to explain causal relations conditionally is developed along the lines suggested by John Mackie's INUS conditional analysis. Jaegwon Kim's implementation of Mackie's proposal through an object-based metaphysics of events is then adapted to the hylomorphical account of substances. On these grounds, a theory of formal causation can be proposed and applied to Aquinas's theory of mental representation. The ensuing proposal is offered not in the spirit of historical exegesis but as a substantive philosophical account and it is Thomistic only in the broad sense that it is built on Aquinas's metaphysics and is consistent with his claims on causation. (shrink)

Formal, informal and material institutions constitute the framework for human interaction and communicative practice. Three ideas from institutional theory are particularly relevant to technical change. Exclusion cost refers to the effort that must be expended to prevent others from usurping or interfering in one’s use or disposal of a given good or resource. Alienability refers to the ability to tangibly extricate a good or resource from one setting, making it available for exchange relations. Rivalry refers to the degree (...) and character of compatibility in various uses for goods. The paper closes with a note on how attention to these factors might be useful ways toconceptualize what Langdon Winner has called “the technological constitution of society,” and what Andrew Feenberg has theorized as “secondary rationalization,” as well as within more practical contexts of technical research, development and design. (shrink)

According to the so-called "standard account" regarding the problem of material constitution, a statue and a lump of clay that makes it up are not identical. The usual objection is that this view yields many objects in the same place at the same time. Lynne Rudder Baker's theory of constitution is a recent and sophisticated version of the standard account. She argues that the aforementioned objection can be answered by defining a relation of being the same P (...) as (sameP). In this paper I shall examine consequences of her response and show that sameP has wrong formal properties, as a result of which this solution cannot be accepted. (shrink)

In his seminal work Moral Notions , Julius Kovesi presents a novel account of concept formation. At the heart of this account is a distinction between what he terms the material element and the formal element of concepts. This paper elucidates his distinction in detail and contrasts it with other distinctions such as form-matter, universal-particular, genus-difference, necessary-sufficient, and open texture-closed texture. We situate Kovesi’s distinction within his general philosophical method, outlining his views on concept formation in general and (...) explain how his theory of concept formation is applied in moral philosophy. (shrink)

The Christian doctrine of the Trinity poses a serious philosophical problem. On the one hand, it seems to imply that there is exactly one divine being; on the other hand, it seems to imply that there are three. There is another well-known philosophical problem that presents us with a similar sort of tension: the problem of material constitution. We argue in this paper that a relatively neglected solution to the problem of material constitution can be developed (...) into a novel solution to the problem of the Trinity. (shrink)

In the last decade of his life (from 1928 to 1938), Husserl sought to develop a new understanding of his transcendental phenomenology (in publications such as Cartesian Meditations, Formal and Transcendental Logic, and the Crisis) in order to combat misconceptions of phenomenology then current (chief among which was Heidegger’s hermeneutic phenomenology as articulated in Being and Time). During this period, Husserl had an assistant and collaborator, Eugen Fink, who sought not only to be midwife to the birth of Husserl’s (...) own ideas but who also wanted to mediate between Husserl and Heidegger. As a result of the Fink- Husserl collaboration there appeared a rich flow of works that testify to the depth with which transcendental phenomenology had been rethought. Bruzina is the chief scholar of this material. This paper attempts both to disentangle the relationships between the phenomenologies of Husserrl, Heidegger, and Fink and to assess critically the value of Bruzina’s contribution. (shrink)

Nexuses such as exemplification are the fundamental ties that structure reality as a whole. They are “formal” in the sense of constituting the form, not the matter of reality and they are “transcendental” inasmuch as they transcend the categorial distinctions between the denizens of reality, including that between existents and non-existents. I shall advocate a moderately particularist view about (external) nexuses and argue that it provides not only the best solution to Bradley’s regress, but also an elegant account of (...) symmetrical relations (both formal and material), as well as of temporal and modal change. These advantages are illustrated by the reconstruction of an Aristotelian ontology of exemplification involving substances, kinds and material attributes. (shrink)

Are materially constituted entities, such as statues and glasses of liquid, something more than their material constituents? The puzzle that frames this paper stems from conflicting answers to this question. At the core of the paper is a distinctive way of thinking about material constitution that posits two concepts of constitution, compositional and ampliative constitution, with the bulk of the discussion devoted to developing distinct analyses for these concepts. Distinguishing these concepts solves our initial puzzle (...) and enriches the space of possibilities for constitution views. (shrink)

This article offers the first phenomenological clarification of the objective conditions for sensory illusions focusing on the noematic ‘idea’ and a priori ontological structure that regulate the appearances of illusory things in perception. First, I will show the necessity of eidetic and noematically oriented investigations, arguing that it is an analysis of how the essence ‘Thinghood’ functions transcendentally that leads to an a priori clarification of both illusory things and their corresponding multiplicities of appearances. Accordingly, I will consider the correlate (...) of material perception according to both its formal and material ontological structures and focus on the a priori principle of coordination and the laws of mutability and reversibility that set the framework for an analysis a parte obiecti. I will then examine the process of typification, the psycho-physical conditionality of the lived-body, and the constitution of different levels of normality and abnormality. Within this expanded analysis, I will provide a clarification of ‘false’ sensory appearances showing how both deceptive and resilient illusory cases can be scientifically accounted for on a phenomenological basis and in accordance with natural-empirical laws. (shrink)

Aristotle's doctrine of the four causes--formal, final, efficient and material--is famous. But Posterior Analytics B 11 lists "if certain things hold, it is necessary that this does" in place of a standard expression for the material cause. This cause has been dubbed the grounding cause. It has interested scholars since the Greek commentators, who simply assumed that Aristotle meant the material cause. This traditional thesis has been challenged by two views: first, that the grounding cause is (...) a special type of material cause ; second, that it is no material cause at all . ;I set out two arguments for the traditional thesis and consider nine objections to it. Since most of these objections, which constitute the support for the revisionist thesis, can be answered, I reject the revisionist thesis. But in my treatment of one objection it also becomes clear that the traditional thesis is mistaken. The grounding cause is a necessitating cause, yet in Physics B 9 Aristotle makes it clear that many material causes are not necessitating causes. Thus, some form of the modified traditional thesis is true. ;But which form? D. M. Balme suggests that Aristotle means to include only mathematical causes because hypothetical necessity covers all of the relation between matter and product in things which come to be. But Aristotle seems to accept necessitating material causes in several passages in the biological works. In other passages he seems to adopt the position Balme attributes to him. I argue that he does not actually adopt this position, and that he does accept simple necessity in some things which come to be. Thus, the grounding cause is a necessitating material cause, and such causes are found not only in mathematics, but also among things which come to be. (shrink)

In this paper, I critically evaluate Lynne Rudder Baker’s nonmereological theory of material constitution in light of the “thinking into existence” objection from Theodore Sider and Dean W. Zimmerman. Baker does respond; however, she focuses only on the specific versions of the objection that has been posed by Sider and Zimmerman, and she does not address the underlying problem. Baker maintains that beliefs, social practices, and conventions can make something constitute a new object, namely, an intention-dependent object; however, (...) as I argue, the thinking into existence objection shows that constituted objects, if there are any, are ontologically independent of beliefs, social practices, and conventions. In fact, Baker’s theory doesn’t give us any reason to believe that the intention-dependent objects are more real than fictional objects. (shrink)

STRESZCZENIE Opracowanie zmierza do udzielenia odpowiedzi na pytanie, czym – z punktu widzenia struktury procesu wykładni i struktury wchodzących w grę wartości konstytucyjnych – różni się ograniczanie wolności i praw w ramach stosowania „zwykłych środków konstytucyjnych”, od ograniczania wolności i praw dopuszczalnego w stanach nadzwyczajnych. Podjęta zostaje problematyka dotyczącą kwestii materialnych, a poza zakresem rozważanych zagadnień pozostają kwestie dotyczące formalnych warunków dopuszczalności ograniczeń, jak publiczne ogłoszenie zagrożenia czy możliwość wprowadzania ograniczeń w aktach podustawowych. Stawiane tezy są polemiczne wobec poglądów, że (...) zawieszenie wolności lub praw jest skrajnym typem ograniczania i następuje wtedy, gdy wolności czy prawa „już nie ma”, lub że zawieszenie zakłada ograniczenie istoty wolności lub prawa. Okazuje się, że można sensownie mówić o zawieszaniu wolności lub praw także wówczas, gdy są one ograniczane w niewielkim tylko stopniu. Ponadto, możliwe jest zawieszanie, które nie prowadzi do ograniczenia istoty wolności lub prawa. Argumentuje się, że istotą zawieszania wolności lub praw w stanach nadzwyczajnych jest zakwestionowanie podstawowego ich przymiotu, jakim jest – uznawana w prawie międzynarodowym – nienaruszalność „całych” poszczególnych praw człowieka, która jest czymś innym od nienaruszalności ich istoty. Przy okazji prowadzona jest refleksja teoretycznoprawna nad zagadnieniem zawieszania wolności lub praw. Zawieszenie okazuje się czymś istotnie różnym od czasowej utraty mocy obowiązującej przepisów dotyczących wolności czy praw. Ich ciągłe obowiązywanie znajduje wyraz, na przykład, w zasadzie proporcjonalności mającej zastosowanie do zawieszanych wolności lub praw. -/- Extraordinary Measures and Restrictions of Constitutional Freedoms and Rights ABSTRACT The study aims to answer the question on the difference between limitation of freedoms and rights in ordinary situations and their suspension (derogation) when extraordinary measures are introduced. This question is considered from the point of view of the structure of the interpretation process and the structure of the constitutional values. Consideration is given to issues relating to material aspects. However, issues relating to formal conditions for the admissibility of restrictions, such as public announcement of a threat or the possibility of introducing restrictions in sub-statutory acts, are not examined. The theses put forward are critical of the view that suspension of freedoms or rights is an extreme type of limitation and a freedom or a right "is no longer there", and of the view that suspension presupposes violation of the essence of freedom or right. It can be argued that it makes sense to talk about the suspension of freedoms or rights also when they are only slightly restricted. Moreover, it is possible to suspend a freedom or a right without violating their essence. It is argued that suspension of freedoms or rights leads to questioning of their basic characteristic that is their inviolability as recognized in international law. However, this inviolability of freedoms or rights is something different from the inviolability of their essence. In terms of the theory of law, the suspension of freedoms or rights turns out to be something significantly different from the temporary loss of the binding force of the respective provisions. Their continued validity is reflected, for example, in the application of the principle of proportionality to the suspended freedoms or rights. (shrink)

Biological individuals are usually defined by evolutionists through a reference to natural selection. This article looks for a concept of individuality that would hold at the same time for organisms and for communities or ecosystems, the latter being unaffected by natural selection. In the wake of Simon’s notion of “quasi-independence,” I elaborate a concept of “weak individuality” defined by probabilistic connections between sub-entities, read off our knowledge of their interactions. This formal scheme of connections allows one to infer what (...) are the individuals in the domain addressed by the theory of the interactions. The article argues that if ecosystems do not have strong individuality, they still possess a weak individuality, ecological theories providing the values of the variables in the formula for individuality. (shrink)

Formal, informal and material institutions constitute the framework for human interaction and communicative practice. Three ideas from institutional theory are particularly relevant to technical change. Exclusion cost refers to the effort that must be expended to prevent others from usurping or interfering in one’s use or disposal of a given good or resource. Alienability refers to the ability to tangibly extricate a good or resource from one setting, making it available for exchange relations. Rivalry refers to the degree (...) and character of compatibility in various uses for goods. The paper closes with a note on how attention to these factors might be useful ways to conceptualize what Langdon Winner has called “the technological constitution of society,” and what Andrew Feenberg has theorized as “secondary rationalization,” as well as within more practical contexts of technical research, development and design. (shrink)

The paper argues, that a direct formalization of the way common sense thinks about the numerical identity of enduring entities, requires that traditional predicate logic is developed. If everyday language mirrors the world, then persons, organisms, organs, cells, and ordinary material things can lose some parts but nonetheless remain numerically exactly the same entity. In order to formalize this view, two new logical operators are introduced; and they bring with them some non-standard syntax. One of the operators is called (...) ‘the instantiation operator’; it is needed because the existential quantifier and its traditional relatives cannot do the job required. The other operator is called ‘the form-on-matter operator’, and it allows an individual (an instance of a form) to stay the same even though some of its parts (its constituting matter) is taken away from it. Also, a certain kind of predicates, called ‘nature terms’, is needed in order to represent what gives a particular its kind of identity. Both the operators and the nature terms introduced can be used in constructions of formal languages and formal systems, but no such constructions are made in the paper. The paper is structured as a comment on the philosophical problem called ‘the problem of the cats Tibbles and Tib’. (shrink)

This paper analyzes some issues that emerge in attempts to distinguish and relate "moral" and "nonmora1' action-guides. It examines one material criterion (otherregardingness) and three formal criteria (universalizability, prescriptivity, and overridingness) and considers whether they constitute necessary and/or sufficient conditions of "morality." It treats these criteria in relation to ideals and prudential, political, and religious considerations. Furthermore, it contends that the classification of action-guides as moral or nonmoral should not prejudge their respective weights or replace substantive moral debate. (...) The formal and material criteria may determine what counts as morality, not how much morality counts. (shrink)

This paper poses a problem of promiscuity for views that endorse material constitution as a metaphysic relation.

The only anthology available on material constitution, this book collects important recent work on well known puzzles in metaphysics and philosophy of mind. The extensive, clearly written introduction helps to make the essays accessible to a wide audience.

In this paper I argue that if a completed neuroscience of consciousness is to be attained, we must give the synchronic and diachronic application conditions for brain states and phenomenal states. I argue that, due to the temporal nature of our experiences, such states must be viewed as being temporally extended events, and illustrate how to give such application conditions using examples of other temporally extended events. However, I also raise some difficulties for the project of giving application conditions for (...) brain states and phenomenal states and suggest these as challenges for further philosophical work. (shrink)

This paper begins with an overview of the origins and development of ancient direct participatory “democracy” and a related concept of the “public.” Through the Roman “res publica” and the “homo publicus” and much later the Magna Carta and the English tradition of participatory rights, as well as the French “division of powers” and the French Revolution and Kant’s “public usage of reason,” a rather modern concept of the “public” in representative modern democracies developed in the Enlightenment and materialized in (...) the nineteenth and twentieth centuries. In social and political philosophy there was a noticeable impact of “the public” and “public life” in debates, formal constitutions and their philosophical and pragmatic foundations. Dewey’s lectures on “The Public and its Problems” already emphasized the impact and the growth of communication technologies for “the public,” publicity, political and social life. Habermas diagnosed a “Structural Transformation of the Public Sphere” from a pragmatic social philosophical point of view, although he did not really take up Dewey’s diagnoses and predictions of the role of media and communication technologies. The same is true for Gerhardt’s study The Public: The Political Form of Consciousness (2012). With the pervasive impact of digital communication and media technologies there has occurred another structural transformation of the public sphere and the concept of the public. Instant global multimedia communication certainly has largely positive effects, fostering social as well as individal freedom and even revolutionary changes. But there are also the widespread experiences of individual and group mobbing, “shitstorms,” cyber-crimes, electronic spying and data-mining, etc. The structure (the concept and reality) of the public has lately been and is currently rapidly changing again—due to the electronic information revolution. (shrink)

This article examines the role of normative hierarchies in constitutional argumentation. A threefold distinction between formal, material, and axiological hierarchy is employed. The correlative concepts of formal validity, material validity, and applicability are also briefly described. Within this framework, four cases are analysed: Decisions 1146/1988 and 10/2010 of the Italian Constitutional Court, and Kadi I and Opinion 2/2013 of the Court of Justice of the European Union. As a result, it is argued that axiological hierarchies are (...) frequently used to reshape certain fundamental legal arrangements, namely, the hierarchy of sources (Decision 1146/1988 and Kadi), competence clauses (Decision 10/2010), and interpretive methodologies (Opinion 2/13). (shrink)