Recent studies have pointed to the existence of a strong relationship between memory and mental representation, while others have shown that images are open to reinterpretation and manipulation; this volume offers a historical overview of the problem as well as a review of the research in psychology and related fields.
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)
MEDIEVAL LOGICS LAMBERT MARIE DE RIJK (ed.), Die mittelalterlichen Traktate De mod0 opponendiet respondendi, Einleitung und Ausgabe der einschlagigen Texte. (Beitrage zur Geschichte der Philosophie und Theologie des Mittelalters, Neue Folge Band 17.) Miinster: Aschendorff, 1980. 379 pp. No price stated. THE SEVENTEENTH CENTURY MARTA FATTORI, Lessico del Novum Organum di Francesco Bacone. Rome: Edizioni dell'Ateneo 1980. Two volumes, il + 543, 520 pp. Lire 65.000. VIVIAN SALMON, The study of language in 17th century England. (Amsterdam Studies in the Theory (...) and History of Linguistic Science, Series 111: Studies in theHistory of Linguistics, Volume 17.) Amsterdam: John Benjamins B.V., 1979.x + 218 pp. Dfl. 65. Theoria cum Praxi. Zum Verhaltnis von Theorie und Praxis im 17. und 18. Jahrhundert. (Akten des 111. Internationalen Leibnizkongress, Hannover, 12. bis 17.November 1977, Band 111: Logik, Erkenntnistheorie, Wissenschaftstheorie, Metaphysik, Theologie.) Wiesbaden: Franz Steiner Verlag, 1980. vii + 269 pp. DM 48. CLASSICAL AND NON-CLASSICAL LOGICS MICHAEL CLARK, The place of syllogistic in logical theory. Nottingham: University of Nottingham Press, 1980. ix + 151 pp. £3.00. A.F. PARKER-RHODES, The theory of indistinguishables. Dordrecht, Boston and London: D. Reidel Publishing Company, 1981. xvii + 216 pp. Dfl.90.00/$39.50. NICHOLAS RESCHER and ROBERT BRANDOM, The logic of inconsistency. Oxford:Basil Blackwell, 1980. x + 174 pp. f 11.50. MISCELLANEOUS J. ZELENY, The logic of Marx. Translated from the German by T. Carver. Oxford: Basil Blackwell, 1980. xcii + 247 pp. £12.50. FELIX KAUFMANN, The infinite in mathematics. Edited by Brian McGuinness. Introduction by E. Nagel. Translation from the German by Paul Foulkes. Dordrecht: Reidel, 1978. xvii + 235 pp. Dfl 85/$39.50 (cloth); Dfl 45/$19.95 (paper). PAMELA MCCORDUCK, Machines who think. San Francisco: W.H. Freeman and Company, 1979. xiv + 275 pp. $14.95. J. MITTELSTRASS (ed.), Enzyklopadie Philosophie und Wissenschaftstheorie Bd. 1 : A-G. Mannheim, Wien, Ziirich: Bibliographisches Institut, 1980. 835 pp. DM 128. (shrink)
Robert R. Williams - Beyond Hegel and Nietzsche: Philosophy, Culture and Agency - Journal of the History of Philosophy 40:3 Journal of the History of Philosophy 40.3 408-409 Book Review Beyond Hegel and Nietzsche: Philosophy, Culture and Agency Elliot L. Jurist. Beyond Hegel and Nietzsche: Philosophy, Culture and Agency. Cambridge, MA: The MIT Press, 2000. Pp. xii + 355. Cloth, $37.95. Challenging the contemporary consensus that one must choose either Hegel or Nietzsche, Elliot Jurist joins the "rapprochement thesis" originated (...) by Walter Kaufmann. He explores Hegel and Nietzsche on the themes of agency, intersubjectivity, and society and culture. Jurist approaches these themes through the psychology of knowledge. Nietzsche's psychological method is well known; Jurist believes Hegel's contributions to psychology are no less significant: Hegel's "superb insight," found in his concept of recognition, is that others co-constitute self-identity . Jurist regards Hegel and Nietzsche as advancing important, somewhat divergent, but by.. (shrink)
Writer, artist, filmmaker, provocateur, revolutionary, and impresario of the Situationist International, Guy Debord shunned the apparatus of publicity he dissected so brilliantly in his most influential work, The Society of the Spectacle. In this ambitious and innovative biography, Vincent Kaufmann places Debord's very hostility toward the inquisitive, biographical gaze at the center of an investigation into his subject's diverse output—from his earliest films to his landmark works of social theory and political provocation—and the poetic sensibility that informed both his (...) work and his life. Instead of providing a conventional day-to-day account of Debord's life, Kaufmann deftly locates his subject within the historical and intellectual context of the radical social, political, and artistic movements in which he participated. He traces Debord's development as an intellectual: his involvement with the lettrist movement in the early 1950s, his central role in the Situationist International from 1957 to 1971 and in the events of May 1968, and the productive and frequently misunderstood period between the dissolution of the situationists and his suicide, during which time Debord clarified the rules of his war against inauthenticity. As Kaufmann makes clear, for Debord political thought and action were inseparable from aesthetics and poetic expression. Whether envisioning the recovery of a lost, protocommunist age of authenticity and transparency in _The Society of the Spectacle_ or critically assessing the possibility of revolution against postmodern capitalism two decades later, Debord advocated and practiced an art of defiance, a concurrently martial and melancholic poetics. Avoiding the mythologies about Debord that both admirers and critics have cultivated, Kaufmann provides a groundbreaking and generous assessment of Debord and his uncompromising struggle against a corrupt civilization. Vincent Kaufmann is professor of French language and literature at the University of St. Gallen, Switzerland. Robert Bononno, a teacher and translator, lives in New York City. (shrink)
Drawing on Aristotle’s notion of “ultimate responsibility,” Robert Kane argues that to be exercising a free will an agent must have taken some character forming decisions for which there were no sufficient conditions or decisive reasons.1 That is, an agent whose will is free not only had the ability to develop other dispositions, but could have exercised that ability without being irrational. To say it again, a person has a free will just in case her character is the product (...) of decisions that she could have rationally avoided making. That one’s character is the product of such decisions entails ultimate responsibility for its manifestations, engendering a free will. (shrink)
This article discusses the theories of perception of Robert Kilwardby and Peter of John Olivi. Our aim is to show how in challenging certain assumptions of medieval Aristotelian theories of perception they drew on Augustine and argued for the active nature of the soul in sense perception. For both Kilwardby and Olivi, the soul is not passive with respect to perceived objects; rather, it causes its own cognitive acts with respect to external objects and thus allows the subject to (...) perceive them. We also show that Kilwardby and Olivi differ substantially regarding where the activity of the soul is directed to and the role of the sensible species in the process, and we demonstrate that there are similarities between their ideas of intentionality and the attention of the soul towards the corporeal world. (shrink)
Kaufmann has recently argued that the thesis according to which the probability of an indicative conditional equals the conditional probability of the consequent given the antecedent under certain specifiable circumstances deviates from intuition. He presents a method for calculating the probability of a conditional that does seem to give the intuitively correct result under those circumstances. However, the present paper shows that Kaufmann’s method is inconsistent in that it may lead one to assign different probabilities to a single (...) conditional at the same time. (shrink)
The aim of this paper is to describe and analyze the epistemological justification of a proposal initially made by the biomathematician Robert Rosen in 1958. In this theoretical proposal, Rosen suggests using the mathematical concept of “category” and the correlative concept of “natural equivalence” in mathematical modeling applied to living beings. Our questions are the following: According to Rosen, to what extent does the mathematical notion of category give access to more “natural” formalisms in the modeling of living beings? (...) Is the so -called “naturalness” of some kinds of equivalences (which the mathematical notion of category makes it possible to generalize and to put at the forefront) analogous to the naturalness of living systems? Rosen appears to answer “yes” and to ground this transfer of the concept of “natural equivalence” in biology on such an analogy. But this hypothesis, although fertile, remains debatable. Finally, this paper makes a brief account of the later evolution of Rosen’s arguments about this topic. In particular, it sheds light on the new role played by the notion of “category” in his more recent objections to the computational models that have pervaded almost every domain of biology since the 1990s. (shrink)
Quentin Skinner’s appropriation of speech act theory for intellectual history has been extremely influential. Even as the model continues to be important for historians, however, philosophers now regard the original speech act theory paradigm as dated. Are there more recent initiatives that might reignite theoretical work in this area? This article argues that the inferentialism of Robert Brandom is one of the most interesting contemporary philosophical projects with historical implications. It shows how Brandom’s work emerged out of the broad (...) shift in the philosophy of language from semantics to pragmatics that also informed speech act theory. The article then goes on to unpack the rich implications of Brandom’s inferentialism for the theory and practice of intellectual history. It contends that inferentialism clarifies, legitimizes, and informs intellectual historical practice, and it concludes with a consideration of the challenges faced by inferentialist intellectual history, together with an argument for the broader implications of Brandom’s work. (shrink)
In his new book, "The Romantic Conception of Life: Science and Philosophy in the Age of Goethe," Robert J. Richards argues that Charles Darwin's true evolutionary roots lie in the German Romantic biology that flourished around the beginning of the nineteenth century. It is argued that Richards is quite wrong in this claim and that Darwin's roots are in the British society within which he was born, educated, and lived.
Traditional eschatology clashes with the theory of entropy. Trying to bridge the gap, Robert John Russell assumes that theology and science are based on contradictory, yet equally valid, metaphysical assumptions, each one capable of questioning and impacting the other. The author doubts that Russell's proposal will convince empirically oriented scientists and attempts to provide a viable alternative. Historical‐critical analysis suggests that biblical future expectations were redemptive responses to changing human needs. Apocalyptic visions were occasioned by heavy suffering in postexilic (...) times. Interpreted in realistic terms, they have since proved to be untenable. The expectation of a new creation without evil, suffering, and death is not constitutive for the substantive content of the biblical message as such. Biblical future expectations must be reconceptualized in terms of best contemporary insight and in line with a dynamic reading of the biblical witness as God's vision of comprehensive optimal well‐being that operates like a shifting horizon and opens up ever new vistas, challenges, and opportunities. (shrink)
We commonly identify something seriously defective in a human life that is lived in ignorance of important but unpalatable truths. At the same time, some degree of misapprehension of reality may be necessary for individual health and success. Morally speaking, it is unclear just how insistent we should be about seeking the truth. Robert Sparrow has considered such issues in discussing the manufacture and marketing of robot ‘pets’, such as Sony’s doglike ‘AIBO’ toy and whatever more advanced devices may (...) supersede it. Though it is not his only concern, Sparrow particularly criticizes such robot pets for their illusory appearance of being living things. He fears that some individuals will subconsciously buy into the illusion, and come to sentimentalize interactions that fail to constitute genuine relationships. In replying to Sparrow, I emphasize that this would be continuous with much of the minor sentimentality that we already indulge in from day to day. Although a disposition to seek the truth is morally virtuous, the virtue concerned must allow for at least some categories of exceptions. Despite Sparrow’s concerns about robot pets (and robotics more generally), we should be lenient about familiar, relatively benign, kinds of self-indulgence in forming beliefs about reality. Sentimentality about robot pets seems to fall within these categories. Such limited self-indulgence can co-exist with ordinary honesty and commitment to truth. (shrink)
I summarise Robert Audi's 'Moral Perception.' I concede that there is such a thing as moral perception. However, moral perceptions are culturally-relative, which refutes Audi’s claims that moral perception may ground moral knowledge and that it provides inter-subjectively accessible grounds which make ethical objectivity possible. Audi's attempt to avoid the refutation tends to convert rational disputes into ad hominem ones. I illustrate that with the example of the ethics of prostitution.
This paper is an extended discussion of Robert Ulanowicz’s critique of mechanistic and reductionistic metaphysics of science. He proposes “process ecology” as an alternative. In this paper I discuss four sets of question coming out of Ulanowicz’s proposal. First, I argue that universality remains one of the hallmarks of the scientific enterprise even with his new process metaphysics. I then discuss the Second Law of Thermodynamics in the interpretation of the history of the universe. I question Ulanowicz’s use of (...) the terms “random” and “chance” in his definition of process. Finally, I discuss what difference a relational and process metaphysics might make in addressing the political and practical problems in the twenty-first century. (shrink)
Alvin Plantinga and Phillip E. Johnson strongly attack "metaphysical naturalism", a doctrine based, in part, on Darwinian concepts. They claim that this doctrine dominates American academic, educational, and legal thought, and that it is both erroneous and pernicious. Stuart Kauffman claims that currently accepted versions of Darwinian evolutionary theory are radically incomplete, that they should be supplemented by explicit recognition of the importance of coherent structures — the prevalence of "order for free". Both of these developments are here interpreted in (...) relation to some contemporary theistic notions of "creation", including those of Lewis Ford, Robert Neville, and Robert Sokolowski. Kaufmann’s approach is consistent with the approach of process theism, and is not invalidated by the attacks of Plantinga and Johnson. (shrink)
THERE IS WIDESPREAD AGREEMENT among historians that the writings of Robert Boyle (1697-1691) constitute a valuable archive for understanding the concerns of seventeenth-century British natural philosophers. His writings have often been seen as representing, in one fashion or another, all of the leading intellectual currents of his day. ~ There is somewhat less consensus, however, on the proper historiographic method for interpreting these writings, as well as on the specific details of the beliefs expressed in them. Studies seeking to (...) explicate Boyle's thought have been, roughly speaking, of two general sorts. On the one hand there are those studies of a broadly "intellectualist" orientation which situate his natural philosophy within the intellectual context provided by metaphysics, religion, and early modern science. In this connection his corpuscularianism has been shown to be motivated by specific epistemological, theological, as well as empirical concerns. One of the central aims of such studies has been to show that apparently discordant elements in his scientific thought are rendered coherent by referring them to such "non-scientific" commitments. Among studies of this sort might be mentioned the works of John Hedley Brooke, E. A. Burtt, Gary B. Deason, J. E. McGuire, R. Hooykaas, Robert H. Kargon, Eugene M. Klaaren, P. M. Rattansi, and Richard S. Westfall. (shrink)
In this paper I argue that Robert Kane’s defense of event-causal libertarianism, as presented in Responsibility, Luck, and Chance: Reflections on Free Will and Indeterminism, fails because his event-causal reconstruction is incoherent. I focus on the notions of efforts and self-forming actions essential to his defense.
An individual is in the lowest phase of moral development if he thinks only of his own personal interest and has only his own selfish agenda in his mind as he encounters other humans. This lowest phase corresponds well with sixteenth century British moral egoism which reflects the rise of the new economic order. Adam Smith (1723–1790) wanted to defend this new economic order which is based on economic exchange between egoistic individuals. Nevertheless, he surely did not want to support (...) the moral theory of British egoism. His book The Wealth of Nations suits well into the world view of British moral egoism, but in the book The Theory of Moral Sentiments, he presents a moral theory which is the total opposite of moral egoism. Contemporary German intellectuals saw contradiction in Adam Smith’s moral (social) philosophy which they called as Das Adam - Smith - Problem . Smith himself didn’t think that there is any contradiction in a situation where in economic sphere (civil society) individual act egoistically and in ethical sphere (encounter with the imagined Other) he feels humanity and compassion toward his fellow men. Hegel was a passionate reader of Adam Smith and he acknowledged Das Adam - Smith - Problem . He set the task of his social philosophy to overcome this paradox. He wanted to create a theory of a social totality where economic egoism and feelings of humanity are not in contradiction. In the same time Hegel wanted to create a theory on Bildung process where human spirit develops from moral un-freedom (heteronomy) to moral freedom and maturity (autonomy) taking care both aspect of love and reason. In certain Hegel’s texts notion of recognition plays crucial role. That is why modern Hegelians Ludwig Siep, Axel Honneth and Robert Williams consider the notion of recognition to be elementary in Hegel’s threefold theory of developing human spirit from family via civil society to sittliche state . For Hegel family is a sphere where people love their “concrete other” and where feeling surpasses reason. Civil Society is a sphere of private contracts and economic exchanges where cold egoistic and calculative reason surpasses feelings. In the sphere of State the contradiction between family and Civil Society ( Das Adam - Smith - Problem ) is solved by “rational feeling”. According to Hegel State should protect citizens from alienating effect of egoistic reason of Civil Society and cultivate “family-feelings” to rational feelings which integrate citizen into “sittliche community” through reciprocal process of recognition. In this article I want to consider Hegelians Honneth’s and Williams’s relevance to the theory of moral development. (shrink)
Robert Adams’s Finite and Infinite Goods is one of the most important and innovative contributions to theistic ethics in recent memory. This article identifies two major flaws at the heart of Adams’s theory: his notion of intrinsic value and his claim that ‘excellence’ or finite goodness is constituted by resemblance to God. I first elucidate Adams’s complex, frequently misunderstood claims concerning intrinsic value and Godlikeness. I then contend that Adams’s notion of intrinsic value cannot explain what it could mean (...) for countless finite goods to be intrinsically valuable. Next, I articulate a criticism of his Godlikeness thesis altogether unlike those he has previously addressed: I show that, on Adams’s own account of Godlikeness, a diverse myriad of excellences could not possibly count as resembling God. His theory thus fails to account for a whole world of finite goods. I defend my two criticisms against objections and briefly sketch a more Aristotelian and Christian way forward. (shrink)
On the publication of Robert Lowell’s Life Studies in 1959, some critics were shocked by the poet’s use of seemingly frank autobiographical material, in particular the portrayal of his hospitalizations for bipolar disorder. During the late fifties and throughout the sixties, a rich vein, influenced by Lowell , developed in American poetry. Also during this time, the nascent science of psychopharmacology competed with and complemented the more established somatic treatments, such as psychosurgery, shock treatments, and psychoanalytical therapies. The development (...) of Thorazine was a remarkable breakthrough allowing patients previously thought incurable to leave hospital. In 1955, the release of Miltown, the first ‘minor’ tranquilizer, was heralded with a media fanfare promising a new dawn of psychological cure-all. These two events blurred the boundary between ‘normality’ and madness by making treatment in the community more widely possible and by medicalizing more commonplace distress. Lowell’s early depictions of madness situate it as emblematic of the cultural malaise of ‘the tranquilized fifties. ’ By his final collection, Day by Day (1977), mental illness had lost its symbolic power. These late poems explore the power of art as a way of representing and remedying suffering in a culture where psychopharmacology has normalized madness. (shrink)
This article examines the nature of Robert Grosseteste's commentary on Aristotle's Posterior Analytics with particular reference to his “conclusions” . It is argued that the simple demonstrative appearance of the commentary, which is very much the result of the 64 conclusions, is in part an illusion. Thus, the exposition in the commentary is not simply based on the strict principles of the Posterior Analytics and on the proof-procedures of Euclidean geometry; rather the commentary is a complicated mixture of different (...) elements of twelfth-century texts and the scholarship of Grosseteste's day. (shrink)
The aim of this paper is to describe and analyze the epistemological justification of a proposal initially made by the bio-mathematician Robert Rosen in 1958. In this theoretical proposal, Rosen suggests using the mathematical concept of « category » and the correlative concept of « natural equivalence » in mathematical modeling applied to living beings. Our questions are the following: according to Rosen, to what extent does the mathematical notion of category give access to more « natural » formalisms (...) in the modeling of living beings? Is the so-called « naturalness » of some kinds of equivalences (which the mathematical notion of category makes it possible to generalize and to put at the forefront) analogous to the naturalness of living systems? Rosen appears to answer « yes » and to ground this transfer of the concept of « natural equivalence » in biology on such an analogy. But this hypothesis, although fertile, remains debatable. Finally, this paper makes a brief account of the later evolution of Rosen’s arguments about this topic. In particular, it sheds light on the new role played by the notion of « category » in his more recent objections against computational models that since the 1990’s are pervading almost every domain of biology. (shrink)
For the last several decades, philosophers have wrestled with the proper place of religion in liberal societies. Usually, the debates among these philosophers have started with the articulation of various conceptions of liberalism and then proceeded to locate religion in the context of these conceptions. In the process, however, too little attention has been paid to the way religion is conceived. Drawing on the work of Robert Audi and Nicholas Wolterstorff, two scholars who are often read as holding opposing (...) views on these issues, I argue that, for the purposes of their argument about liberalism, both have implicitly accepted a concept of religion that has come under severe attack in recent work on the subject. Namely, they have accepted a concept of religion that identifies religion primarily with belief, ritual practice, and ecclesial institutions. Following recent scholarship, I suggest that religion is better conceived as a kind of culture. To conclude the essay, I gesture toward what the beginnings of a re-visioned debate about religion and liberal society might look like if one started from this revised conception of religion. (shrink)
El presente texto pretende presentar dos propuestas de actualización de la crítica de la economía política marxiana: las de Moishe Postone y Robert Kurz. Sus planteamientos, gestados a partir de los años ochenta, ofrecen claves para superar las insuficiencias del marxismo tradicional y abren perspectivas fructíferas para actualizar la teoría crítica. Partiendo de una reinterpretación común de las categorías de Marx, ambos autores presentan sin embargo diagnósticos diferentes: mientras Postone incide en cómo el capitalismo origina la posibilidad de un (...) nuevo orden social, Kurz señala que el capitalismo contemporáneo habría alcanzado su límite interno y entrado en una fase irreversible de declive y desintegración. (shrink)
Robert Grosseteste was the initiator of the English scientific tradition, one of the first chancellors of Oxford University, and a famous teacher and commentator on the newly discovered works of Aristotle. In this book, James McEvoy provides the first general, inclusive overview of the entire range of Grosseteste's massive intellectual achievement.
Abstract Two distinguishing marks of voluntaristic conceptions of human action can be found already in the 12th century, not only in the work of Bonaventura's successors: 1. the will is free to act against reasons's dictates; 2. moral responsibility depends on this conception of the will's freedom. A number of theologians from the 1130s to the 1170s accepted those claims, which have been originally formulated by Bernard of Clairvaux. Robert of Melun elaborated them in a systematical way and coined (...) the terminological distinctions which were controversely discussed in the following centuries. The paper edits and interprets some of his texts about voluntary action. Furthermore, it shows that Bernard's and Robert's ideas have been transported by their intellectualist critics in the 13th century. (shrink)
La misma serie editorial en la que aparecieron obras de Robert Walter, Hasso Höfman, Arthur Kaufmann o Robert Alexy ofrece ahora a los lectores interesados por el mundo de la argumentación jurídica una esmerada traducción de la obra de Eveline T. Feteris, Fundamentals of Legal Argumentation, editada por Kluwer Academic en 1999. En los doce capítulos que componen esta obra, Feteris consigue mostrar de manera a un tiempo sustantiva y concisa los problemas teóricos más importantes de las (...) distintas tradiciones que componen el ámbito de la argumentación jurídica. Sobre la base de esta exposición de naturaleza histórica, la profesora holandesa examina con detalle las teorías de la justificación de las decisiones judiciales sin perder de vista el hilo realmente vertebrador de esta investigación, a saber, la descripción de los componentes teóricos implícitos en las distintas concepciones sobre la argumentación jurídica. (shrink)
This paper asks questions about 'trauma' and its cultural representation specifically, trauma's representation in the cinema. In this respect, it compares and contrasts the work of Robert Bresson, in particular his 1967 masterpiece, Mouchette , with contemporary Hollywood film. James Mangold's 1999 'Oscar-winning' Girl, Interrupted offers an interesting example for cultural comparison. In both Mouchette and Girl, Interrupted the subject matter includes, amongst other traumatic experiences, rape, childhood abuse and suicide. The paper ponders the question of whether such aspects (...) of trauma can ever be authentically represented on film; or, whether, on the contrary, through the deployment of cultural stereotypes, cinematic representation tends rather to reproduce the very forms of structural power which are, in the first place, trauma's primary cause. Bresson emerges from this analysis in a favourable light for, whereas Mangold stereotypes victims of trauma and represents traumatic experience itself as inevitable and over-determined, Bresson always retains for the victim a sense of critical agency. By contrasting key scenes from both films, the paper suggests that contemporary popular cinema (the 'Hollywood-ized' form), working in tandem with institutions of social control, such as psychiatry, does not subvert but, in fact, reproduces patterns of structural power. This argument has particular significance for the cultural representation of women. The paper is theoretically framed by Simone Weil's reflections on both 'representation' and 'structural power'. (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)
This review presents the principal themes of Robert Spaemann's Persons: The Difference between ‘Someone’ and ‘Something.’ To be a person is not to be identical with one's teleological nature, but rather, to have that nature. Personal consciousness is necessarily temporal consciousness. Persons have a range of distinctively personal acts, such as recognizing and respecting one another, understanding their lives as wholes, making judgments of conscience, promising, and forgiving. All members of the human species, whatever their stage of development or (...) limitations, are persons. The present review also briefly considers certain objections that have been raised against Spaemann's position. (shrink)
Although Darwinian concepts have largely been banned from the social sciences of the last century, they have recently seen a revival in several disciplines such as sociology, anthropology, or economics. Most of the current proponents of evolutionary theorizing in the social sciences avoid references to the older literature on social evolution. On that background, this article presents a contribution to Darwinist thinking in early American sociology that has mainly been overlooked in the literature. As the leading figure of the Human (...) Ecology Approach, which was established during the 1920s and 1930s, Robert Ezra Park drew heavily on evolutionary concepts to explain human evolution. A systematic presentation of these concepts in the light of the modern discussion on sociocultural evolution is given, followed by a conclusion about what can be learned from Park today. (shrink)
This essay revisits the significance of Kaufmann's Toledot ha-emunah ha-yisre'elit in Jewish intellectual history, as its reception has hitherto been somewhat reductive. His work is generally viewed as an anti-Christian polemic with a Zionist agenda that sought to glorify the formative period of his people. A closer look at his intellectual background, as well as his theoretical framework, leads us to a different understanding of his work in general and of its alleged nationalistic features in particular. The essay shows, (...) inter alia, that Kaufmann was already making a Diltheyan hermeneutic turn decades before others in his field. (shrink)