Insatiable Rights.Anna Pintore - 2001 - International Journal for the Semiotics of Law - Revue Internationale de Sémiotique Juridique 14 (3):277-297.details
The essay criticises Ferrajoli's ideas about political democracyand the relationship between it and fundamental rights. Thedefinition of `substantial democracy' furnished by Ferrajoliis considered inopportune, because it claims to provide a semanticsolution to the normative problem of the limits of content ofdemocratic decisions. Ferrajoli is also criticised for equatingconstitutions with the social contract, with the result thatthe functioning of political democracy is tied to unanimousconsent and constitutions are treated as eternal. Finally, theauthor argues that treating the lack of guarantees of fundamentalrights (...) in a legal order as a technical gap is tantamount toconceiving rights and their guarantees as something preordainedto positive law and subtracting them from the democraticlegislator's political decisions. (shrink)
G.E. Moore, more than either Bertrand Russell or Ludwig Wittgenstein, was chiefly responsible for the rise of the analytic method in twentieth-century philosophy. This selection of his writings shows Moore at his very best. The classic essays are crucial to major philosophical debates that still resonate today. Amongst those included are: * A Defense of Common Sense * Certainty * Sense-Data * External and Internal Relations * Hume's Theory Explained * Is Existence a Predicate? * Proof of an External World (...) In addition, this collection also contains the key early papers in which Moore signals his break with idealism, and three important previously unpublished papers from his later work which illustrate his relationship with Wittgenstein. (shrink)
In this philosophy classic, which was first published in 1951, E. R. Dodds takes on the traditional view of Greek culture as a triumph of rationalism. Using the analytical tools of modern anthropology and psychology, Dodds asks, "Why should we attribute to the ancient Greeks an immunity from 'primitive' modes of thought which we do not find in any society open to our direct observation?" Praised by reviewers as "an event in modern Greek scholarship" and "a book which it would (...) be difficult to over-praise," _The Greeks and the Irrational _was Volume 25 of the Sather Classical Lectures series. (shrink)
Is God's foreknowledge compatible with human freedom? One of the most attractive attempts to reconcile the two is the Ockhamistic view, which subscribes not only to human freedom and divine omniscience, but retains our most fundamental intuitions concerning God and time: that the past is immutable, that God exists and acts in time, and that there is no backward causation. In order to achieve all that, Ockhamists distinguish ‘hard facts’ about the past which cannot possibly be altered from ‘soft facts’ (...) about the past which are alterable, and argue that God's prior beliefs about human actions are soft facts about the past. (shrink)
How could the self be a substance? There are various ways in which it could be, some familiar from the history of philosophy. I shall be rejecting these more familiar substantivalist approaches, but also the non-substantival theories traditionally opposed to them. I believe that the self is indeed a substance—in fact, that it is a simple or noncomposite substance—and, perhaps more remarkably still, that selves are, in a sense, self-creating substances. Of course, if one thinks of the notion of substance (...) as an outmoded relic of prescientific metaphysics—as the notion of some kind of basic and perhaps ineffable stuff —then the suggestion that the self is a substance may appear derisory. Even what we ordinarily call ‘stuffs’—gold and water and butter and the like—are, it seems, more properly conceived of as aggregates of molecules or atoms, while the latter are not appropriately to be thought of as being ‘made’ of any kind of ‘stuff’ at all. But this only goes to show that we need to think in terms of a more sophisticated notion of substance—one which may ultimately be traced back to Aristotle's conception of a ‘primary substance’ in the Categories , and whose heir in modern times is W. E. Johnson's notion of the ‘continuant’. It is the notion, that is, of a concrete individual capable of persisting identically through qualitative change, a subject of alterable predicates that is not itself predicable of any further subject. (shrink)
What is a natural kind ? As we shall see, the concept of a natural kind has a long history. Many of the interesting doctrines can be detected in Aristotle, were revived by Locke and Leibniz, and have again become fashionable in recent years. Equally there has been agreement about certain paradigm examples: the kinds oak, stickleback and gold are natural kinds, and the kinds table, nation and banknote are not. Sadly agreement does not extend much further. It is impossible (...) to discover a single consistent doctrine in the literature, and different discussions focus on different doctrines without writers or readers being aware of the fact. In this paper I shall attempt to find a defensible distinction between natural and non-natural kinds. (shrink)
Why does the problem of free will seem so intractable? I surmise that in large measure it does so because the free will debate, at least in its modern form, is conducted in terms of a mistaken approach to causality in general. At the heart of this approach is the assumption that all causation is fundamentally event causation. Of course, it is well-known that some philosophers of action want to invoke in addition an irreducible notion of agent causation, applicable only (...) in the sphere of intelligent agency. But such a view is generally dismissed as incompatible with the naturalism that has now become orthodoxy amongst mainstream analytical philosophers of mind. What I want to argue is that substances, not events, are the primary relata of causal relations and that agent causation should properly be conceived of as a species of substance causation. I shall try to show that by thus reconceiving the nature of causation and of agency, the problem of free will can be made more tractable. I shall also argue for a contention that may seem even less plausible at first sight, namely, that such a view of agency is perfectly compatible with a volitionist theory of action. (shrink)
E-Z Reader 7 is a processing model of eye-movement control. One constraint imposed on the model is that high-level cognitive processes do not influence eye movements unless normal reading processes are disturbed. I suggest that this constraint is unnecessary, and that the model provides a sensible architecture for explaining how both low- and high-level processes influence eye movements.
O presente texto procura acompanhar alguns aspectos da reconstrução sartreana das relações entre indivíduo e história, tentando mostrar que a fenomenologia e o materialismo dialético comparecem nessa proposta de conhecimento e que é a convergência das duas perspectivas que permite, contemplando adequadamente a universalidade e a singularidade, descrever e compreender dialeticamente o modo histórico de produção da identidade individual.
Hume's famous discussion of miracles in the Enquiry Concerning Human Understanding is curious both on account of the arguments he does deploy and on account of the arguments he does not deploy, but might have been expected to. The first and second parts of this paper will be devoted to examining, respectively, these two objects of curiosity. The second part I regard as the more important, because I shall there try to show that the fact that Hume does not deploy (...) an argument that he might have been expected to deploy in fact reflects a weakness in the view of natural laws that has come to be associated with Hume's name. I shall argue, in fact, that it is a symptom of the defectiveness of the ‘Humean’ view of natural laws that on that view it is only too easy to rule out the possibility of a miracle ever occurring. In the third part of the paper, I shall show how another view of laws can overcome this problem. (shrink)
In The City of God , XI, 10, St Augustine claims that the divine nature is simple because ‘it is what it has’ . We may take this as a slogan for the Doctrine of Divine Simplicity , a doctrine which finds its way into orthodox medieval Christian theological speculation. Like the doctrine of God's timeless eternality, the DDS has seemed obvious and pious to many, and incoherent, misguided, and repugnant to others. Unlike the doctrine of God's timeless eternality, the (...) DDS has received very little critical attention. The DDS did not originate with Augustine, but I am not primarily concerned with its pedigree. Nor am I concerned to ask how the doctrine interacts with trinitarian speculation. I will have my hands full as it is. In Section I of this paper I shall provide a rough characterization of the DDS, indicate its complexity, and focus on a particular aspect of the doctrine which will exercise us in the remainder of the paper, namely, the thesis that the divine attributes are all identical with each other and with God. In section n I shall discuss Alvin Plantinga's recent objections to Aquinas' version of the DDS. I shall then offer a more detailed presentation of what I take to be Aquinas' version , and recast it in terms of a theory of attributes which is significantly different from Plantinga's . Although the recasting of the doctrine will enable me to rebut Plantinga's objections , it by no means solves all the problems of the DDS. In section vi I shall discuss the chief lingering problem facing a defender of the DDS. (shrink)
In this paper I shall venture into an area with which I am not very familiar and in which I feel far from confident; namely into phenomenology. My main motive is not to get away from standard, boring, methodological questions like those of induction and demarcation; but the conviction that a phenomenological account of the empirical basis forms a necessary complement to Popper's falsificationism. According to the latter, a scientific theory is a synthetic and universal, hence unverifiable proposition. In fact, (...) in order to be technologically useful, a scientific hypothesis must refer to future states-of-affairs; it ought therefore to remain unverified. But in order to be empirical, a theory must bear some kind of relation to factual statements. According to Popper, such a relation can only be one of potential conflict. Thus a theory T will be termed scientific if and only if T is logically incompatible with a so-called basic statement b, where b is both empirically verifiable and empirically falsifiable. In other words: T is scientific if it entails ¬b; where b, hence also ¬b, is an empirically decidable proposition. (shrink)
If one is an egalitarian, what should one want to equalize? Opportunities or outcomes? Resources or welfare? These positions are usually conceived to be very different. I argue in this paper that the distinction is misconceived: the only coherent conception of resource equality implies welfare equality, in an appropriately abstract description of the problem. In this section, I motivate the program which the rest of the paper carries out.
An important contribution to the foundations of probability theory, statistics and statistical physics has been made by E. T. Jaynes. The recent publication of his collected works provides an appropriate opportunity to attempt an assessment of this contribution.
Are persons substances or modes? Two currently dominant views may be characterized as giving the following rival answers to this question. According to the first view, persons are just biological substances. According to the second, persons are psychological modes of substances which, as far as human beings are concerned, happen to be biological substances, but which could in principle be non-biological. There is, however, also a third possible answer, and this is that persons are psychological substances. Such a view is (...) inevitably associated with the name of Descartes, and this helps to explain its current unpopularity, since substantial dualism of his sort is now widely rejected as ‘unscientific’. But one may, as I hope to show, espouse the view that persons are psychological substances without endorsing Cartesianism. This is because one may reject certain features of Descartes's conception of substance. Consequently, one may also espouse a version of substantial dualism which is distinctly non-Cartesian. One may hold that a person, being a psychological substance, is an entity distinct from the biological substance that is his or her body, and yet still be prepared to ascribe corporeal characteristics to this psychological substance. By this account, a human person is to be thought of neither as a non-corporeal mental substance, nor as the product of a mysterious ‘union’ between such a substance and a physical, biological substance. This is not to deny that the mind—body problem is a serious and difficult one, but it is to imply that there is a version of substantial dualism which does not involve regarding the ‘mind’ as a distinct substance in its own right. (shrink)
É bem conhecida a oposição estabelecida por Kant entre experiência possível e dialética, na medida em que esta última é caracterizada como a lógica da ilusão. Ao mesmo tempo, o modo de pensar metafísico, que ocorre dialeticamente, em sentido kantiano, é uma tendência inevitável da razão, expressa na exigência formal de completude das categorias. Como o pensar, enquanto exercício livre da razão, é em si mesmo mais amplo do que a atividade de conhecer, própria do entendimento, o pensar contém o (...) conhecimento, embora este se qualifique pelas regras e pelos limites determinantes da objetividade. A pergunta que tentaremos formular é se essa relação continente-conteúdo não poderia configurar também uma dependência da experiência em relação ao raciocínio dialético, que estaria de algum modo indicada na função reguladora das idéias da razão. Nesse caso, a oposição formal entre conhecer e pensar seria inseparável da inclusão estrutural (dependência) da experiência no âmbito da razão. Na raiz do problema estaria talvez a tensão (dialética) entre a aspiração subjetiva de totalidade e as exigências objetivas de limitação e segmentação da experiência e a forma da experiência teria de ser finalmente concebida a partir de um fundo de inteligibilidade problemática. Dialectics and experienceThe separation of possible experience as objective knowledge and dialetics as a non-objective or non-theoretical knowledge is one of the most important aspects of kantian critical philosophy. But Kant also says that the activity of reason, as a pure thinking, has more amplitude than understanding knowledge. So we could say that theoric knowledge would depend on rational ( and non-theoretical) knowledge, as something contained in it. If we accept that, the consequence would be a relation of dependence between the form of objective knowledge and the background of a problematic even doubtful inteligible knowledge. (shrink)
The strong weak truth table (sw) reducibility was suggested by Downey, Hirschfeldt, and LaForte as a measure of relative randomness, alternative to the Solovay reducibility. It also occurs naturally in proofs in classical computability theory as well as in the recent work of Soare, Nabutovsky, and Weinberger on applications of computability to differential geometry. We study the sw-degrees of c.e. reals and construct a c.e. real which has no random c.e. real (i.e., Ω number) sw-above it.
Despite what one may be led to believe by breathless reports in the media, the acme of misery in America is not the woes, financial and otherwise, of Donald Trump and Michael Jackson. People lose their jobs, have their assets drained by reversals of fortune, suffer from illiteracy, malnutrition, lack of shelter, and other mishaps. The circumstances in which they find themselves are genuinely distressing. It would be an odd understanding indeed that failed to find these circumstances directly relevant to (...) what morality asks of us. If morality is to count for anything, then surely it must take notice of exigent need. This is not merely the deliverance of a late twentieth-century Western moral consciousness massaged by the blessings of comparative affluence and graced with a newfound awareness of social justice. All traditional ethical codes of which I am aware, sacred and secular, demand that one take the distress of one's neighbor as bearing on one's own activities. “Am I my brother's keeper?” is the question; the well-nigh universal answer is “ Yes .” The disposition to be moved by and respond to distress is the virtue of charity. (shrink)
Characterizations of philosophy abound. It is ‘the queen of the sciences’, a grand and sweeping metaphysical endeavour; or, less regally, it is a sort of deep anthropology or ‘descriptive metaphysics’, uncovering the general presuppositions or conceptual schemes that lurk beneath our words and thoughts. A different set of images portray philosophy as a type of therapy, or as a spiritual exercise, a way of life to be followed, or even as a special branch of poetry or politics. Then there is (...) a group of characterizations that include philosophy as linguistic analysis, as phenomenological description, as conceptual geography, or as genealogy in the sense proposed by Nietzsche and later taken up by Foucault. (shrink)
G. E. Moore's ‘A Defence of Common Sense’ has generated the kind of interest and contrariety which often accompany what is new, provocative, and even important in philosophy. Moore himself reportedly agreed with Wittgenstein's estimate that this was his best article, while C. D. Broad has lamented its very great but largely unfortunate influence. Although the essay inspired Wittgenstein to explore the basis of Moore's claim to know many propositions of common sense to be true, A. J. Ayer judges its (...) enduring value to lie in provoking a more sophisticated conception of the very type of metaphysics which disputes any such unqualified claim of certainty. (shrink)
Wittgenstein’s concepts shed light on the phenomenon of schizophrenia in at least three different ways: with a view to empathy, scientific explanation, or philosophical clarification. I consider two different “positive” wittgensteinian accounts―Campbell’s idea that delusions involve a mechanism of which different framework propositions are parts, Sass’ proposal that the schizophrenic patient can be described as a solipsist, and a Rhodes’ and Gipp’s account, where epistemic aspects of schizophrenia are explained as failures in the ordinary background of certainties. I argue that (...) none of them amounts to empathic-phenomenological understanding, but they provide examples of how philosophical concepts can contribute to scientific explanation, and to philosophical clarification respectively. (shrink)