The increasing use of technological advances in business operations very often leads to the displacement of the employee whose skills become obsolete in light of such advances. There is no doubt that the interests of both company and employee are significantly affected by the implementation of laborsaving devices. Given that those interests are pursued in an environment which is usually, if not essentially, competitive, then there arises the serious question of what rights should be accorded the employee and the company (...) in the event that the employee is likely to be displaced by technological innovation. I argue that, given the constraints of a competitive environment, certain rights might be justified through a very limited application of the highly morally intuitive principles of utility, respect for persons, fairness, and the honoring of contracts. (shrink)
In this paper we argue for the robustness of Leibniz's commitment to the reality (but not substantiality) of body. We claim that a number of his most important metaphysical doctrines — among them, psychophysical parallelism, the harmony between efficient and final causes, the connection of all things, and the argument for the plurality of substances stemming from his solution to the continuum problem— make no sense if he is interpreted as giving an eliminative reduction of bodies to perceptions.
The texts before us are relatively early works. They predate the famous Manifesto of the Communist Party of 1848. Their importance lies in this: that here historical materialism is outlined and defended for the first time. This new philosophy is elaborated in the course of Marx and Engels' effort to settle accounts with previous German philosophy—and, perhaps, with philosophy as such. The new outlook is developed, therefore, in the context of polemic against Hegel and Feuerbach, precisely the thinkers that they (...) most admired earlier in fact. (shrink)
One of the most extensive yet least conclusive methodological debates within religious studies revolves around the question of what, precisely, the phenomenology of religion is and what contribution it can make to the study of religion. I do not intend to answer this important question here. To do so satisfactorily would require a range of historical, philosophical and methodological inquiry which would go quite beyond the bounds of a single article. My intention in this paper is, by comparison, unambitious. It (...) is to take one view of what phenomenology of religion is and to consider an area outside that usually explored by students of religion which can, nonetheless, shed some light on how religions might be studied in a way which is in accordance with the phenomenology of religion so understood. What follows will offer an answer to the question of what contribution one particular understanding of phenomenology might make to the study of religion, but no attempt will be made to establish whether or not this particular understanding ought to be regarded as normative. (shrink)
Arthura Kaufmanna filozofia prawa wyrasta przede wszystkim z neokantyzmu aksjologicznego reprezentowanego przez „późnego” Gustava Radbrucha, którego uważał on za najważniejszego ze swych nauczycieli, oraz z hermeneutyki filozoficznej Hansa-Georga Gadamera. W późniejszym okresie znaczący wpływ na Kaufmanna wywarł Charles S. Peirce, którego pracami posiłkował się opracowując problematykę analogii (wiążąc ją z opracowanym przez Pierca zagadnieniem abdukcji) oraz ontologii relacji. Niektóre wątki poglądów Kaufmanna nawiązują do egzystencjalizmu Karla Jaspersa oraz antropologii Karla Löwitha. Obecne są także inspiracje tomistyczne i arystotelesowskie. Jest to filozofia (...) prawa o charakterze maksymalistycznym. Kaufmann wpisuje się w sięgającą starożytności tradycję uprawiania filozofii, w której stawia się pytania o całość; filozofia pyta o to, co to jest "byt w ogóle", byt "w całości"; filozofia prawa stawia pytania o to, co to jest prawo "w całości", prawo "w ogóle" . Podejmuje wprost fundamentalne zagadnienia należące do zasadniczych dziedzin filozoficznych – epistemologiczne, ontologiczne, etyczne, nie stroniąc także od zagadnień z zakresu logiki. Uprawiana przez niego filozofia ma charakter systemowy, co sprawia, że jej zrozumienie zakłada ujęcie całości propozycji. Sam Kaufmann uważa, że systemy filozofii prawa należą już do historii, jednak ta uwaga jest o tyle jedynie trafna w odniesieniu do niego samego, że jego filozofia prawa – w zgodzie z jego deklaracjami – nie zmierza do „gotowych rozwiązań” konkretnych kwestii prawnych, ale zmierza do ukształtowania pewnego sposobu refleksji nad prawem. Jego koncepcja jest ważnym głosem w sporze klasycznego pozytywizmu z koncepcjami niepozytywistycznymi. Za prawo w pełnym tego słowa znaczeniu uznaje konkretne rozstrzygnięcie, co niewątpliwie łączy jego podejście z amerykańskim realizmem prawnym. Rekonstruowana przez Kaufmanna struktura procesu „urzeczywistniania” prawa, dokonywana w kontekście i na użytek kultury prawnej typu kodeksowego, kontynentalnego, uwyraźnia obecność elementów typowych dla kultury prawa precedensowego –wnioskowanie od przypadku do przypadku. Jednocześnie za istotny problem każdego porządku normatywnego uznaje uogólnienie. Jest to znamienny teoretyczny wyraz narastającej świadomości współwystępowania obok siebie zasadniczych elementów każdego z tych typów kultur prawnych. Kaufmann trafnie dostrzega, że w konkretnym rozstrzygnięciu są obecne elementy normatywne wykraczające poza to, co jest zawarte w aktach normatywnych. Podobnie jak Ronald Dworkin, Kaufmann wskazuje, że dokonujący rozstrzygnięcia, czy tego chce, czy nie, „stosuje” szereg elementów normatywnych spoza aktów normatywnych. Analizy prowadzą do wniosku, że propozycja Kaufmanna zawodzi, gdy przechodzi on do ontologicznych uogólnień, przede wszystkim przez brak uwzględnienia w swych podstawach takich punktów odniesienia, które są zewnętrzne wobec badanego procesu „urzeczywistniania” prawa. To, czym jest osoba, determinowane jest systemem prawnym i kulturą, w której prawo funkcjonuje. Przy takim ujęciu Kaufmann nie osiąga jednego z ważnych celów, do którego zmierzał, nie wskazuje kryteriów pozwalających stwierdzić, czy stopniowa – dokonywana zgodnie z odkrytymi przez hermeneutykę filozoficzną wymaganiami poprawnego rozumienia – zmiana normatywnego sensu systemu prawnego zmierza ku „ustawowemu bezprawiu”, czy też nie. (shrink)
On the 4th of December 1967, Hans Kamp sent his UCLA seminar notes on the logic of ‘now’ to Arthur N. Prior. Kamp’s two-dimensional analysis stimulated Prior to an intense burst of creativity in which he sought to integrate Kamp’s work into tense logic using a one-dimensional approach. Prior’s search led him through the work of Castañeda, and back to his own work on hybrid logic: the first made temporal reference philosophically respectable, the second made it technically feasible in (...) a modal framework. With the aid of hybrid logic, Prior built a bridge from a two-dimensional UT calculus to a one-dimensional tense logic containing the ‘now’ operator J. Drawing on material from the Prior archive, and the paper “‘Now”’ that detailed Prior’s findings, we retell this story. We focus on Prior’s completeness conjecture for the hybrid system and the role played by temporal reference. (shrink)
This article aims to show the objections made by Arthur Schopenhauer (1788-1860) to Immanuel Kant’s doctrine of right (1724-1804). Based on the main Schopenhauer’s work we’ll be able to explain the five points of disagreement between Schopenhauer and Kant: (i) Kant tries to separate right sharply from ethics; (ii) the definition (Bestimmung) of the concept of right; (iii) the right to property (what is the basis of this right and if its exists outside the State); (iv) the purpose of (...) the State; and (v) the right to punish. (shrink)
Arthur Pap was not quite a Logical Empiricist. He wrote his dissertation in philosophy of science under Ernest Nagel, and he published a textbook in the philosophy of science at the end of his tragically short career, but most of his work would be classified as analytic philosophy. More important, he took some stands that went against Logical Empiricist orthodoxy and was a persistent if friendly critic of the movement. Pap diverged most strongly from Logical Empiricism in his theory (...) of a “functional a priori” in which fundamental principles of science are hardened into definitions and act as criteria for further inquiry. Pap was strongly influenced by the pragmatists C. I. Lewis and John Dewey in developing this alternative theory of a priori knowledge. Using Poincaré’s conventionalism as a springboard, Pap attempted to substantiate these views with examples from physics, and this was his largest foray into philosophy of science topics. Pap, as well as Lewis and Dewey, developed an alternative theory of the a priori in the 1950s that never quite took hold, despite the fact that their views are very intriguing and similar to Michael Friedman’s recent work on the constitutive a priori. (shrink)
Arthur S. Eddington, FRS, (1882–1944) was one of the most prominent British scientists of his time. He made major contributions to astrophysics and to the broader understanding of the revolutionary theories of relativity and quantum mechanics. He is famed for his astronomical observations of 1919, confirming Einstein’s prediction of the curving of the paths of starlight, and he was the first major interpreter of Einstein’s physics to the English-speaking world. His 1928 book, The Nature of the Physical World, here (...) re-issued in a critical, annotated edition, was largely responsible for his fame as a public interpreter of science and has had a significant influence on both the public and the philosophical understanding of 20th-century physics. In degree, Eddington’s work has entered into our contemporary understanding of modern physics, and, in consequence, critical attention to his most popular book repays attention. Born at Kendal near Lake Windermere in the northwest of England into a Quaker background, Eddington attended Owens College, Manchester, and afterward Trinity College, Cambridge, where he won high mathematical honors, including Senior Wrangler. He became Plumian Professor of Astronomy at Cambridge in 1913 and in 1914 Director of the Cambridge Observatory. Eddington was a conscientious objector during the First World War. By the end of his career, he was widely esteemed and had received honorary degrees from many universities. He was elected president of the Royal Astronomical Society (1921–1923), and was subsequently elected President of the Physical Society (1930–1932), the Mathematical Association (1932), and the International Astronomical Union (1938–1944). Eddington was knighted in 1930 and received the Order of Merit in 1938. During the 1930s, his popular and more philosophical books made him a well known figure to the general public. Philosophers have found his writings of considerable interest, and have debated his themes for nearly a hundred years. (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)
O mundo como vontade e representação, de A. Schopenhauer, constitui uma das principais fontes da primeira fase produtiva da obra de F. Nietzsche. O artigo ressalta os principais pontos da metafisica da música desenvolvida no terceiro capitulo da obra de Schopenhauer e indica as suas influências determinantes sobre o jovem Nietzsche.
Arthur C. Danto is the Johnsonian Professor Emeritus of Philosophy at Columbia University and the most influential philosopher of art in the last half-century. As an art critic for the Nation and frequent contributor to other widely read outlets such as the New York Review of Books, Danto also has become one of the most respected public intellectuals of his generation. He is the author of some two dozen important books, along with hundreds of articles and reviews that have (...) been the center of both controversy and discussion. In this volume Danto offers his intellectual autobiography and responds to essays by 27 of the keenest critics of his thought from the worlds of philosophy and the arts. (shrink)
Arthur Pap’s work played an important role in the development of the analytic tradition. This role goes beyond the merely historical fact that Pap’s views of dispositional and modal concepts were influential. As a sympathetic critic of logical empiricism, Pap, like Quine, saw a deep tension in logical empiricism at its very best in the work of Carnap. But Pap’s critique of Carnap is quite different from Quine’s, and represents the discovery of limits beyond which empiricism cannot go, where (...) there lies nothing other than intuitive knowledge of logic itself. Pap’s arguments for this intuitive knowledge anticipate Etchemendy’s recent critique of the model-theoretic account of logical consequence. Pap’s work also anticipates prominent developments in the contemporary neo-Fregean philosophy of mathematics championed by Wright and Hale. Finally, Pap’s major philosophical preoccupation, the concepts of necessity and possibility, provides distinctive solutions and perspectives on issues of contemporary concern in the metaphysics of modality. In particular, Pap’s account of modality allows us to see the significance of Kripke’s well-known arguments on necessity and apriority in a new light. (shrink)
Contemporary hybrid logic is based on the idea of using formulas as terms, an idea invented and explored by Arthur Prior in the mid-1960s. But Prior’s own work on hybrid logic remains largely undiscussed. This is unfortunate, since hybridisation played a role that was both central to and problematic for his philosophical views on tense. In this paper I introduce hybrid logic from a contemporary perspective, and then examine the role it played in Prior’s work.
Arthur Danto’s recent book, Andy Warhol, leads the reader through the story of the iconic American’s artistic life highlighted by a philosophical commentary, a commentary that merges Danto’s aesthetic theory with the artist himself. Inspired by Warhol’s Brillo Box installation, art that in Danto’s eyes was indiscernible from the everyday boxes it represented, Danto developed a theory that is able to differentiate art from non-art by employing the body of conceptual art theory manifest in what he termed the ‘artworld’. (...) The strength of Danto’s theory is found in its ability to explain the art of the post-modern era. His body of work weaves philosophy, art history and art criticism together, merging his aesthetic philosophy with his extensive knowledge of the world of art. Danto’s essentialist theory of embodied meaning provides him with a critical tool that succeeds in explaining the currents of contemporary art, a task that many great thinkers of art history were unable to do. If Warhol inspired Danto to create a philosophy of art, it is appropriate that Danto write a tribute to Warhol that traces how Warhol brought philosophy into art. Danto’s account of ‘Warhol as philosopher’ positions him as a pivotal figure in the history of twentieth-century art, effecting a sea change in how art was made and viewed. Warhol achieved this by conceiving of works that embodied the answers to a series of philosophical puzzles surrounding the nature of art. Warhol, as Danto describes him, manifests himself in his art because he had transformed himself, in a way, into an icon of the times. This pragmatist notion that art should undermine the dichotomies that exist between art and life would, by some accounts, position Warhol to be the philosopher that Danto claims him to be, for he dissolved the philosophical questions posted by late modern aesthetic thinkers by creating art that imploded the accepted notions of art at the time. One of Danto’s greatest contributions to aesthetics is his theory’s ability to distinguish art from non-art, recognizing that it is the artist’s intention that levels the sublimity of art into the commonplace, thereby transfiguring the everyday. However, acknowledging this achievement, I argue that Warhol’s philosophical contribution actually manifests itself in a manner different from that proposed by Danto. Danto maintains that the internal drive of art leads to the unfolding of art theoretical concepts that ineluctably shift the terrain of world of art. I would agree with Danto that Warhol, almost as Hegel viewed Napoleon as Geist on a horse, pushed forward the boundaries of art through the actualization of art’s internal drive. But I would disagree that the conceptual nature of art is one that unfolds merely as a relation of concepts that artists trace through a connection to the meaning of history they forge using their unmediated grasp of style. Rather, I would argue that the artist’s style is not bound so narrowly to the meanings they express. Through their aesthetic articulations, artists initiate a process of social interaction. This process employs the philosophical logic which Danto attributes to Warhol indirectly, and through it, it is able to transfigure the vocabulary of art—the concepts of the artworld—by superseding the language of modernism. Warhol’s philosophical contribution is seen in his mastery of both the medium of art and the underlying logic of the medium’s expression and reception. (shrink)
The paper begins with an example of the accounting treatment afforded an Indefeasible Rights Use (IRU) Swap by Global Crossing. The case presents a typical example of ways in which accounting firms contributed to the ethical scandals of the early 21st century. While the behavior of Arthur Andersen, the accounting company in the case, might have met the letter of the law, we argue that it violated the spirit of the law, which can be discovered by looking at (1) (...) the legitimate goals of a company which give it its ethical direction and (2) the responsibilities of the accounting professionals who serve the company and the general public. Those professional responsibilities are determined by looking at the legitimate function those professionals fulfill in the economy. A further claim is that Andersen and other accounting firms are motivated to abandon the responsibilities derived from pursuing their proper goals by falling into the trap of accumulating wealth for its own sake. We argue that the ultimate responsibility of internal auditors is to develop statements that give as reasonably true and fair a picture of the financial situation to any user having a claim to that knowledge. Further we argue that the major responsibilities of the external auditor are: first, to be responsible to the using public for evaluating financial statements and declaring that they represent a fair picture of the financial situation of a company, and second, to be a watchdog of financial markets and call into question irregular practices that would distort those pictures. Such due professional care requires the auditor to exercise professional skepticism: an attitude that includes a questioning mind and a critical assessment of audit evidence. The paper concludes by giving particular examples of how Arthur Andersen LLP failed to meet those responsibilities. (shrink)
Though Arthur Prior is now best known for his founding of modern temporal logic and hybrid logic, much of his early philosophical career was devoted to history of logic and historical logic. This interest laid the foundations for both of his ground-breaking innovations in the 1950s and 1960s. Because of the important rôle played by Prior's research in ancient and medieval logic in his development of temporal and hybrid logic, any student of Prior, temporal logic, or hybrid logic should (...) be familiar with the medieval logicians and their work. In this article we give an overview of Prior's work in ancient and medieval logic. (shrink)
I cannot here withhold the statement that optimism, where it is not merely the thoughtless talk of those who harbor nothing but words under their shallow foreheads, seems to me to be not merely an absurd, but also a really wicked, way of thinking, a bitter mockery of the unspeakable sufferings of mankind.1I am now, and always shall be, in that very sense no optimist, but a maintainer of the sterner view that life is forever tragic. In so far as (...) Schopenhauer has sought to make this plain, I follow him unhesitatingly, and honor him for his mercilessness.2Josiah Royce’s lifelong battle with the pessimism of Arthur Schopenhauer supplies valuable insight into the development of one of the central concepts of his system... (shrink)
Logic and Reality is a collection of essays by philosophers, logicians, mathematicians, and computer scientists, celebrating the work of the late distinguished philosopher Arthur Prior on the eightieth anniversary of his birth. Topics range from philosophical discussions of the nature of time and of the nature of logic itself, to descriptions of computer systems that can reason and take account of the fact that they exist in a temporal world.
It is commonly presumed that the earliest recoverable writing of the New Zealand born Philosopher Arthur N. Prior is that published in the Australasian Journal of Philosophy and Psychology in 1937. Yet Prior was an extremely active writer as both an undergraduate and as a recent graduate, in a variety of publications. This paper recovers the unknown early Prior and discusses the importance of neo–orthodox Christian theology upon the life and thought of the early Arthur Prior. During the (...) 1930s Prior was primarily a theologian–philosopher and in these early writings there can be discerned important influences upon his thinking. This paper traces Prior’s writings from an early unpublished manuscript through his theological writings and the development of his neo–orthodox thinking to a point where preparatory work for his influential 1942 article ‘Can Religion be Discussed?’ occurs. It ends where Prior bibliographies begin, with a theologian–philosopher remaking himself as a philosopher theologian. Yet to understand the later Prior we need to understand his early life, thought and writing. This paper is an attempt to recover Prior’s early life and note his influences and talent in areas apart from tense logic. (shrink)
Arthur Danto asserts that Maya Lin’s Vietnam Veterans Memorial in Washington embodies the rhetoric paradigm of internal beauty’s meaning. However, the relationship to the Kant’s pulchritudo adhaerens is not an easy one: Danto’s recalls against the self-referent formalism of Greenberg’s Modernism and his tacit issues about the environmental non-monumentality of Richard Serra’s Minimalism, are, most importantly, haunted by the unquestioned spectral logic of the image embodiment. The beholders’ reflecting shape on the funeral Wall is, finally, both a pathetic index (...) and a medial incarnation–e.g. a Verkörperung–of the underworld. (shrink)
There is no question Arthur Ripstein’s Force and Freedom is an engaging and powerful book which will inform legal philosophy, particularly Kantian theories, for years to come. The text explores with care Kant’s legal and political philosophy, distinguishing it from his better known moral theory. Nor is Ripstein’s book simply a recounting of Kant’s legal and political theory. Ripstein develops Kant’s views in his own unique vision illustrating fresh ways of viewing the entire Kantian project. But the same strength (...) and coherence which ties the book to Kant’s important values of independence blinds the work to our shared moral ties grounded in other political values. Ripstein’s thoughts on punishment are novel in that he embeds criminal law, both in its retributivist and consequentialist facets, into Kant’s overarching political philosophy to show how criminal law can be seen as one aspect of the supremacy of public law. But a criminal law solely focused on the preservation of freedom takes little notice of the ways criminal law need expand its view to account for how a polity can restore the victim of a crime back to civic equality, reincorporate offenders after they have been punished and cannot leave past offenders isolated and likely to reoffend, resulting in the rotating door prison system and communities of innocents who remain preyed upon by career criminals. Lastly, a political theory that does not prize our civic bonds will ignore the startling balkanization of our criminal punishment practices, where policing, arresting and imprisonment become tools of racial and social oppression. In illustrating the benefits in viewing criminal law as a coherent part of Kant’s political theory of freedom, Ripstein also highlights what is absent. It then becomes clear that though Kant presents one important facet of punishment, only a republican political theory can meet the most pressing moral demands of punishment by reminding us that criminal law must be used to preserve and strengthen civic society. (shrink)