The current form and transformation of artistic practice in the 20th and 21st century caused some estrangement of the recipient and the art. The current discourse is therefore dominated by some distrust in defining the criteria of contemporary art, or even the dilemma of whether or not art has to be defined at all, mostly under the influence of Morris Weitz. Arthur Danto very aptly reminds that there is currently no way to distinguish art from objects that are not art, (...) even though many theorists have tried to come up with a solution. The need to distinguish different objects in order to carry out the theoretical examination or to have a functional defining apparatus for criticism, or the exhibition practice is not necessary only on the semantic level. The aim of the submitted paper is therefore to offer a brief cross-section of theories, which, over the past sixty years, dealt with the problem of the definition of art and appreciate/re-think the need for a functional definition of art as the determinant of adequate aesthetic theory. (shrink)

The current form and transformation of artistic practice in the 20th and 21st century caused some estrangement of the recipient and the art. The current discourse is therefore dominated by some distrust in defining the criteria of contemporary art, or even the dilemma of whether or not art has to be defined at all, mostly under the influence of Morris Weitz. Arthur Danto very aptly reminds that there is currently no way to distinguish art from objects that are not art, (...) even though many theorists have tried to come up with a solution. The need to distinguish different objects in order to carry out the theoretical examination or to have a functional defining apparatus for criticism, or the exhibition practice is not necessary only on the semantic level. The aim of the submitted paper is therefore to offer a brief cross-section of theories, which, over the past sixty years, dealt with the problem of the definition of art and appreciate/re-think the need for a functional definition of art as the determinant of adequate aesthetic theory. (shrink)

The current form and transformation of artistic practice in the 20th and 21st century caused some estrangement of the recipient and the art. The current discourse is therefore dominated by some distrust in defining the criteria of contemporary art, or even the dilemma of whether or not art has to be defined at all, mostly under the influence of Morris Weitz. Arthur Danto very aptly reminds that there is currently no way to distinguish art from objects that are not art, (...) even though many theorists have tried to come up with a solution. The need to distinguish different objects in order to carry out the theoretical examination or to have a functional defining apparatus for criticism, or the exhibition practice is not necessary only on the semantic level. The aim of the submitted paper is therefore to offer a brief cross-section of theories, which, over the past sixty years, dealt with the problem of the definition of art and appreciate/re-think the need for a functional definition of art as the determinant of adequate aesthetic theory. (shrink)

The current form and transformation of artistic practice in the 20th and 21st century caused some estrangement of the recipient and the art. The current discourse is therefore dominated by some distrust in defining the criteria of contemporary art, or even the dilemma of whether or not art has to be defined at all, mostly under the influence of Morris Weitz. Arthur Danto very aptly reminds that there is currently no way to distinguish art from objects that are not art, (...) even though many theorists have tried to come up with a solution. The need to distinguish different objects in order to carry out the theoretical examination or to have a functional defining apparatus for criticism, or the exhibition practice is not necessary only on the semantic level. The aim of the submitted paper is therefore to offer a brief cross-section of theories, which, over the past sixty years, dealt with the problem of the definition of art and appreciate/re-think the need for a functional definition of art as the determinant of adequate aesthetic theory. (shrink)

The book reconstructs the history of Western ethics. The approach chosen focuses the endless dialectic of moral codes, or different kinds of ethos, moral doctrines that are preached in order to bring about a reform of existing ethos, and ethical theories that have taken shape in the context of controversies about the ethos and moral doctrines as means of justifying or reforming moral doctrines. Such dialectic is what is meant here by the phrase ‘moral traditions’, taken as a name for (...) threads of moral discourse, made in turn of other interwoven threads, including transmission of shared codes, appeals to reform of prevailing custom, rational argument about the justification of some precept on the basis of some shared general teaching or principle, and rational argument about the ultimate basis for principles and justification of authoritative teaching. That is, the approach adopted to the reading of ethical texts depends on a firm belief in the fact that philosophers hardly created any ethical doctrine out of nothing. The main point this book tries to highlight is how different philosophical theories emerged and followed each other as a result of attempts at accounting for what was going on in the world of moral traditions. Changes were propelled by controversies between different schools, and highly abstract arguments were the unintended effects of moves made by controversialists forced to transform (and occasionally to turn upside down) their own doctrines in order to face the challenge posed by other arguments. This is the reason why the book examines not only texts that already enjoy pride of place in the history of philosophy (Aristotle, Kant, Hegel), but also other texts usually treated in the histories of religions (the Bible, the Talmud, the Quran), and others considered to be much less philosophical (Plutarchus, Pufendorf). -/- 1. Plato and a response to ethical scepticism. Two different traditions of morality in VI-V century Greece are described. The birth of philosophical questioning of traditional morality and temporal and spatial variation of custom is described within the context of the v century crisis, the demise of traditional aristocratic and tyrannical rule and the birth of democracy. Two conflicting answers to the challenge are reconstructed, namely conventionalist or immoralist theories formulated by the Sophists and the eudemonist and intellectualist Socratic theory. Plato’s own reformulation of Socrates answer to the Sophists is reconstructed. His psychological views, his classification of the four cardinal virtues and his political theory are described as parts of a unitary system, culminating in an extremely realist moral ontology identifying the idea of the good with the essence of the (moral and extra-moral) world itself. -/- 2. Aristotle and the invention of practical philosophy. Aristotle’s invention of practical philosophy as a field separated from first philosophy is shown to be an implication of his break with Plato moral ultra-realism. Aristotle’s agenda in his moral works is arguably dependent on a polemical intention, namely dismantling Socratic intellectualism. The semi-inductive or virtuously circular method of practical philosophy is illustrated, starting with the received opinions of the better and wiser individuals and trying dialectically to sift what is left of mistake and inconsistence in such opinions, finally trying to correct mistakes and make the overall practical science more consistent. The chapter illustrates then the relationship of individual ethics, or ‘monastics’, with the art and the science of the pater familias, or ‘economics’, and the science of the ruler and citizen, or politics. The nature of virtues, or better, excellences of character, is discussed, highlighting the basic role of hexis, or ‘disposition’. Prudence, or better practical wisdom, is the focus of the chapter. Its relationship with bouleusis or deliberation is examined, and its autonomous status vis-à-vis theoretical knowledge is stressed. -/- 3. Diogenes and philosophy as a way of life. The chapter provides an overview of Hellenistic ethics, which almost amounts to Hellenistic schools of philosophy, in so far as ‘philosophy’ became in these centuries primarily the name for a way of life. The typical character of the Cynical movement is highlighted, that of a school of life, not a school aimed at providing any kind of intellectual training was to be provided. -/- 4. Epicurus and ethics as self-care. The peculiar character of the Epicurean school is described, a combination of a science of well-being aiming, more than at pleasure as in the popular view, at reduction of useless suffering, of unnecessary needs, and at a balanced selection of pleasures of the best and most durable kind. -/- 5. Epictetus and ethics as therapy of the passions. The various phases of Stoicism are described, and the shifting place given to ethics in the Stoic system of idea, culminating in the paradoxical view of ethics, its impossibility in principle notwithstanding, as the only truly significant and necessary part of philosophy. Cicero is treated, showing how his own synthesis of various Hellenistic trends is as a truly philosophical enterprise, deserving serious consideration after one or two centuries when he was confined to the role of literate. Epictetus is chosen as the best example of what the Stoic tradition could yield, an art of living based on sophisticated introspection, in turn aimed at making a kind of cognitive therapy possible, dismantling obnoxious passions at their root by systematically correcting false representations. -/- 6. Philo and the reconciliation of Torah and Platonism. A reconstruction of basic ideas from a few books of the Hebrew Bible is provided, starting with the Prophetic tradition and the focus on God’s mercy as the source of motivation and standard for human behaviour. Then a comparative analysis is undertaken of a parallel tradition, namely the three codifications of the Torā (Law or, better, Instruction), highlighting how a core of moral ideas may be recognized as a basis and preamble of codification of civil law, cultural practice, and regulation of ritual purity. The importance of Leviticus is stressed as the turning point when emphasis mercy, typical of the Prophetic tradition, is combined with the legal tradition, yielding the change in sensibility of the Second Temple time. Philo of Alexandria is described as one of the three leading figures – together with Rabbi Hillel and Rabbi Yeshua – at the apex the emergence of the mentioned new sensibility, gradually including mercy as an essential part of justice and establishing the starting point of both the Rabbinic and the Christian tradition. This consists precisely in the precept of one’s neighbour’s love or of the golden rule, two eventually identical precepts whose meaning is arguably more sober and sensible than the long-lasting Christian tradition deriving from John and Augustine has made us believe and no novelty vis-à-vis so-called Ancient-Testament teachings. -/- 7. Augustine and Christianity as Neo-Platonism. The first section examines the moral doctrines of so-called 'ethical Treaties' from the Talmud, a group of treaties, among which the best known is Pirqé Avot, that were left out of the six "orders" of the canon as they did not fit in any of the six groups of issues ritual or legal on which the division was based. According to Maimonides, their peculiar theme is provided by the Deòt, 'opinions', i.e., mental dispositions, that is, the translation of the Greek term hexeis and Arab akhlak (in turn providing in this language the name for ethics as such). The three topics I reconstruct are: i) the notion of Torah: The Torah is understood as the world order itself, or as the ‘Wisdom’ that existed even before creation and was ‘the tool by which the world was built’; however, the Torah is an earthly and human entity, as it was "received" by humans, and from that very moment belongs to them; ii) the relationship between love of God and love of neighbour; the treaties require us to study and practice the Torah ‘for its own sake’, that is, require us to act out of love, not out of fear or hope of reward; iii) the idea of sanctification of daily life: having disappeared with the destruction of the Temple the possibility of any conflict between liturgical service and everyday life, the latter is assumed to be in itself divine service: to give food to the poor has the same value as sacrifices in the Temple, and as an implication, the insistence become recurrent on the goodness of created things in themselves along with a polemic against ascetic currents. The conclusions drawn are: i) the moral teachings of the Talmud and those of Yeshua are, rather than similar, virtually identical; one may safely say that the precept of love and the golden rule are central ones for all Talmudic rabbis, that mercy plays an indispensable role alongside with justice, and the latter is not a different thing from one’s neighbour’s love; ii) a peculiarity of Talmud rabbis facing Yeshua is the idea of study as worship, and knowledge as a source of justice; but this is an idea of Judaism after the Temple's destruction that cannot be attributed to the Pharisees of Yeshua’s time; iii) the relation of study and practice in the Talmud parallels that between faith and deeds in Paul's epistles, that is, respectively faith or learning are a necessary and sufficient condition to be recognized as righteous , but deeds are the inevitable effect of either faith or learning. The sayings ascribed to Yeshua are examined first, yielding the conclusion that a close equivalent may be found for every saying in Talmudic literature and yet the whole is ascribed to one rabbi, with rather consistent stress on God’s mercy and unconditional forgiving as the mark of true imitation of God. Thus, Yeshua’s teaching is pure Judaism. The third section describes briefly the galaxy of Gnostic currents and Manichaeism, trying to sketch the profile of moral teachings resulting from an encounter of Asian spiritual traditions, Hellenistic lore and sparks of teachings from apocalyptic Jewish currents. The last section summarizes the turbulent history of several encounters between Christian currents and Hellenistic philosophical schools. The first one was with late Cynicism. Recent, rather controversial, literature discovered the jargon and a few topics from the Stoic-Cynical popular philosophy in a few books from the New Testament itself. This, far from proving that Rabbi Yeshua had been influenced by cynic preachers, is a proof of the necessity felt by Christian preachers to translate the original ‘Christian’ teaching into a Greek lexicon deeply impregnated with cynic terminology. The second was with Platonism, yielding the mild and temperate moral teaching of Clemens of Alexandria, teaching the sanctity of nature and the human body, the joy of moderate fruition of ‘natural’ kinds of pleasures, and the beauty of the marital life – in short, the opposite of the standard picture of Medieval Christianity. Ambrose of Milan brings about a different kind of synthesis, namely with Middle Platonism, where Stoic themes prevail. The most shocking case is Augustine, where an early Manichean education is overcome in a former phase by a synthesis of Plotinian Neo-Platonism and Christian preaching, yielding a sustained polemic with the Manicheans and rather optimistic views on life and Creation, the body and sexuality, and Hebrew-Judaic tradition not far from Clemens of Alexandria. In a later phase, occasioned by controversy on the opposite front, with such Christian currents as the Pelagians and Donatists, Augustine comes back to heavily anti-Judaic and world-denying ascetic attitudes where is earlier Manichean upbringing seems to emerge again. The tragedy of medieval Christianity will be the later Augustine’s overwhelming influence. A final section is dedicated to the monastic tradition where a curious mixture of world-denying asceticism with an astonishingly penetrating ‘science’ of introspection emerges. -/- 8. Al Farabi and the reconciliation of Islam and Platonism. The Qurān and the qadit, that is, collections of sayings ascribed to the prophet Muhammad contain a wealth of precepts and catalogues of virtues mirroring moral contents from the Jewish and the Christian traditions, among them the basic notion of imitation of the Deity, where mercy is assumed to be its basic trait. An important tradition within Islam, namely Sufism, stressed to the utmost degree the role of mercy, turning Islam into a mystic doctrine centred on retreat from the world, abandonment to God’s will, and a peaceful and fraternal attitude to our fellow-beings. A secular literary tradition originating in the Sassanid Empire, the literature of advice to the Prince had for a time a widespread influence in the newly constituted Arabic-Islamic commonwealth. In a later phase, the legacy of Hellenic philosophy made its way into the intellectual elite of the Islamic world. The first important legacy was Platonic, and the Republic became the main text for Islamic Platonism. Al-Farabi wrote an enjoyable remake of the Platonic Republic, arguing that the citizen’s virtues were the basis on which the political building needs to rest. The secular lawgiver is enlightened by the light of reason in his everyday practice of governance, but room is made for the Prophet as the voice of revealed truth that confirms and completes the rational truth that philosophy may afford. In a second phase also Aristotelian and Stoic influence were assimilated. Miskawayh’s treatise was the masterwork at the time Arabic philosophy reached its Zenith. It is a treatment of the soul’s diseases and their remedies, combining the Aristotelian doctrine of the golden mean with the Stoic doctrine of the passions and elements of Galenic medicine. Towards the eleventh-twelve centuries a war raged among theologians and philosophers, finally won by the former with disappearance of philosophy as such. The newly established mainstream, yet, was no kind of intolerant fanaticism. It drew from the work of mystic theologian Al-Ghazālī, the best heir of Sufism, teaching a tolerant and peaceful attitude to our fellow-beings and a passive attitude to destiny as an expression of the Divine will. -/- 9. Moshe ben Maimon and the reconciliation of Torah and Aristotelian ethics. The encounter between the Talmudic tradition and Hellenic philosophy had taken place a first time in Alexandria at the time of Philo but the two traditions had parted way again. In fact, the kind of Platonic Judaism founded by Philo survived only within Christianity, in the fourth Gospel and then in writings by Clemens of Alexandria. The Talmudic literature had absorbed just less striking traits from the Hellenic Philosophy, namely an idea of ethics as care of the self and a role for the education of character as propaedeutic to theoretical knowledge. In the Arabic-Islamic world, a second round started when Jewish authors writing in Arabic undertook the task to prove the full compatibility of the tradition deriving from Torah and Platonic philosophy. The culmination of this attempt is provided by Moshe ben Maimon who tried to use Aristotelian ethics as a language into which the teaching from the Pirké Avot could be translated. -/- 10. Thomas Aquinas and the reconciliation of Christian morality and Aristotelian ethics. In the first section the fresh start is described of philosophical ethics in Latin Europe at the turn of the Millennium. In a first phase, Anselm and Peter Abelard built on a Platonic and Augustinian legacy. In this phase. remarkable innovations are introduced, including Abelard’s claim of the obliging character of erring consciousness. In a second phase, the rediscovery of Nicomachean Ethics thanks to Latin translation of Arabic versions gives birth to a new wave of ethical studies, recovering the very idea of Aristotelian practical philosophy, with the potential implication of full legitimization of natural morality, i.e. ethics without Revelation. Aquinas’s ethics is a theological ethics out of which it would be vain to try to extract a self-contained philosophical ethics. His treatment of topics in philosophical ethics, yet, does not boil down to repetition of Aristotelian arguments but is rather a creative reshaping of such arguments. For example, he introduces also in the practical philosophy a first principle parallel to the principle of non-contradiction; and he also carries out a synthesis of Aristotelianism, Stoicism, and neo-Platonism. Even though it is essentially moral theology, Aquinas’s doctrine - unlike Augustine – grants full citizenship to "natural" morality, firstly by rejecting the claim that the corruption of human nature due to the original sin is so radical as to leave "pure nature" incapable of moral goodness. The doctrine is presented in a more sophisticated formulation in a few of the Quaestiones, such as De Malo and De Veritate, in the Summa contra Gentes and in the commentaries to Aristotle than in the famous Summa Theologica, but the latter work includes the only or the largest exposition of some decisive part of the theory. Thus, the Summa Theologica should be read for what it is more than criticized for not being what it was not meant to be. It was not meant to be the brilliant synthesis of all that Reason he had been able to produce with what Revelation had added about which the Neo-Thomists used to dream, but rather a manual for the training of preachers and confessors, where theoretical claims are not too demanding and a few serious tensions are left. Besides a jump between the Prima Secundae and the Secunda Secundae, being the former an essay in virtue theory and the latter a handbook for confessors, the most serious tension is perhaps the one between the ethics of right reason presented in most of Ia-IIae and the eudemonistic ethics developed in quaestiones 1-5 of the same part; the alternative ethical theory which also may be found in Augustine, the Stoic view of a cosmic reason eventually coincident with the moral law, was believed by Anselm (followed by John Duns Scotus and William of Ockham) to be incompatible with eudemonism. It is questionable whether Thomas could reduce the tension proving that it is just an apparent tension, in so far as the right reason and bliss derived from knowledge of God tend to coincide, but this is just a conjecture. Thomas’s ethics is a virtue ethic, not a law-based one, and moral judgment focuses on the virtues, particularly charity, not on the commandments and even less on absolute prohibitions; Thomas, however, would not have considered a drastic alternative between law and the virtues such as the one which has been advanced in late twentieth-century philosophy to be justified. Nonetheless, when it discusses ‘special’ virtues, it ceases to be an ethics of virtue and becomes a disappointing and often contradictory discussion of legal and illegal acts. Such a discussion takes most of the time ‘reasonable’ middle positions on controversial issues but not the alternative approach that Aristotelianism would have made possible; even when some occasional Aristotelian claim shows up, such as money’s barrenness as a reason against usury, this seems to be made by an author who apparently ignores the Aristotelian Thomas of the Prima Secundae. It is an ethic of human autonomy which recognizes the binding character of the individual conscience and, potentially, even a duty to disobey unjust laws. It is true that what Thomas writes in his discussion of death penalty and persecution of heretics is simply disgusting, and yet we should blame Thomas the man, not Thomist ethical theory. Finally, Thomas’s ethics is not ethical ‘absolutism’, as both traditionalist Catholic theologians and secularist enemies of dogmatic morality tend to believe. It is instead an ethic of prudential judgment. Exceptions to this approach – or better results of logical fallacies – are such claims as the absolute character of negative precepts and of the existence of "intrinsically evil acts", claims that simply cease to make sense in the light of Thomas’s own distinction between human act and natural act, carrying consequences Thomas did not live long enough to draw or was not consistent enough to dare to draw. -/- 11. Francisco de Vitoria and casuistry. The first topic illustrated is the discussion about the notion of pura natura, namely the human condition after the original sin and before divine revelation. The core notion was already there in Aquinas but was later developed by Caietanus (Thomas de Vio) with a number of interesting implications: firstly a view of human nature as such much more positive than Augustine’s and his followers’ view, including both Calvinists and Jansenists; secondly, the implication that the philosopher’s morality, as opposed to the Christian’s morality, is a quite respectable kind of morality; thirdly, that theocracy and prosecution of the unfaithful lacked justification, with more far-fetching consequences than Aquinas himself had dared to draw. The second topic is casuistry, a new name for a comparatively older way of thinking, which was already there in late Stoicism and Cicero as well as in the Talmudic literature. This is an approach aimed at yielding probable enough solutions for doubtful cases even in absence of completely safe staring points. The genre developed from medieval reference books for confessors and became by the sixteenth-century a sophisticated tool-box for dealing with various fields of applied ethics. Francisco Vitoria, the main authority of Baroque Scholasticism, was a controversial figure, among the proponents of the new discipline of casuistry and a consistent proponent of more separation between the religious and the civil authority, stricter limits to the legitimacy of war, innate rights of non-Christian nations in the New World based on the notion of pura natura, providing a standard of ‘natural’ goodness, previous to revelation, on which the Indian nations were judged to live in a naturally good condition, provided with the institutions of family, justice, and religion had accordingly a right to full respect by Christian sovereigns. Bartolomé de Las Casas, arguing along similar lines, was the leader of a historical battle in defence of the rights of the Indios. -/- 12. Michel de Montaigne and the art of living. A short description of one of the Renaissance Phyrronism, one of the classical philosophies revived in the fifteenth and sixteenth century. Montaigne combines the sceptical epistemology with an understanding of ethics – indeed of philosophy as a whole – in terms of an art of living inspired by two basic ideas, sagesse, that is, practical wisdom as the only kind of rationality available after theology, science, and tradition have declared bankrupt, and an aesthetic ideal of self-transformation through the art of writing and introspection. -/- 13. Pierre Nicole and neo-Augustinianism. The chapter illustrates first the vicissitudes of Augustinianism newly born after the late medieval triumph of Thomist Aristotelianism in the alternative Protestant and Catholic versions processed by the Calvinists and the Jansenists. Then it illustrates the doctrines of Pierre Nicole, Blaise Pascal’s best disciple, on the impossibility of introspection, on the ubiquity of self-deception, on the incurably evil character of the passion of love, and on the two moralities, the one of the man of the world, the morality of honesty which is indispensable for granting peace and order but devoid of any true value for eternal salvation, since the same external behaviour may be prompted by opposite motivations, and the morality of charity, the only true one but also useless to society. The third topic is Pierre Malebranche’s view of self-deception as a ubiquitous phenomenon accounting for human action and responsibility and his reformulated theory of self-love, no less ubiquitous than for Nicole and yet not as incurably evil, given the distinction between morally indifferent and even necessary amour de soi and vicious amour proper, a distinction on which the whole of Rousseau’s moral and political theory rests. -/- 14. Samuel von Pufendorf and the new science of morality. The chapter is dedicated to the discovery of the idea of a ‘new moral science’. Hugo Grotius is discussed first highlighting the real character of his project, much closer to the Thomist idea of a natural law accessible to non-corrupted human reason when human beings are living in a state of pura natura. Then Hobbes’s combination of scepticism, voluntarism, and conventionalism is described and both the continuity with Grotius’s new science, in the search for non-revealed rational morality, and the break with him, in the adoption of voluntarism and refusal of an intellectualist view of natural law, are illustrated. Pufendorf’s work is illustrated as a synthesis of the two previous attempts and the – up to Schneewind underestimated – paradigmatic example of the new science of morality. -/- 15. Richard Cumberland and consequentialist voluntarism. The chapter gives an overview of eighteenth-century Anglican ethics, noticing how the Cambridge tradition gave special weight to natural theology as opposed to positive or revealed theology – and how two Cambridge fellows, John Gay and Thomas Brown, elaborated on Cumberland’s (and Malebranche’s, as well as Leibniz’s) strategy for finding a third way between intellectualist view and voluntarist view of the laws of nature. The result of their elaboration was a kind of a rational-choice account of the origins of natural laws, where a law-giver God chooses among a number possible sets of laws on a maximizing criterion, and God’s maximandum is happiness for his creatures. The chapter notices also how such a solution aimed at solving at once the problem of evil and that of the foundation of moral obligation by proving how God’s choice was justified as far as it was the one minimising the amount of suffering in the world. 16. Richard Price and intuitionism. The chapter describes first the doctrines of the Cambridge Platonists, an example of hyper-rationalist reaction to Calvinism. Secondly it describes the sophisticated and universally ignored – from Sidgwick to Anscombe –version of what was later labelled ‘ethical intuitionism’ – showing how it escapes familiar objections and misrepresentations of intuitionism – from Mill to Rawls – in grounding its argument on transcendental arguments while carefully avoiding recourse to introspection and psychological evidence, which has been taken as a too easy target by critics of intuitionism. Thirdly, the chapter discusses Whewell’s ‘philosophy of morality’, as opposed to ‘systematic morality’, not unlike Kant’s distinction between a pure and an empirical moral philosophy. Whewell worked out a systematization of traditional normative ethics as a first step before its rational justification; he believed that the point in the philosophy of morality is justifying a few rational truths about the structure of morality such as to rule hedonism, eudemonism, and consequentialism; yet a system of positive morality cannot be derived solely from such rational truths but requires consideration of the ongoing dialectics between idea and fact in historically given moralities. Whewell’s intuitionism turns out closer to Kantian ethics than commentators have made us believe until now, and quite different from what Sidgwick meant by intuitionism. -/- 17. Adam Smith and the morality of role-switch. The chapter describes first, Hutcheson’s attempt at basing the ‘new science’ of natural law on different bedrock than Pufendorf and the English Platonists, namely a moral sense, a faculty whose existence is assumed to be proved on an empirical basis. The second step is a reconstruction of Hume’s rejoinder in terms of a new science of man including morality on an ‘experimental’ basis, that is, a ‘Newtonian’ hypothetical-deductive approach, distinguished from Hutcheson’s allegedly uncritical descriptive approach to human nature. The third step is a reconstruction of Adam Smith theory of morality understood as emerging from a spontaneous interplay of exchanges of situations (the most basic meaning of the word ‘sympathy’ as construed by this author). -/- 18. Jeremy Bentham and utilitarianism. The bulk of the chapter is dedicated to the doctrines of Jeremy Bentham. The Enlightenment spirit that suggested the idea of a new morality, free from religion, is illustrated. The notion of utility is illustrated as well as the subsequent formulations of the principle of utility. The idea of felicific calculus is discussed, showing how its inner difficulties prompted several reformulations of the principle of utility in order to avoid undesirable implications of proposed formulations. The role of the thesis of spontaneous convergence between interest and duty is discussed, showing how it left numberless questions open, and the distinction between the virtues of prudence, justice and beneficence is described as a way out of the deadlocks of classical utilitarianism. After Bentham, Mill’s reformed utilitarianism is reconstructed, showing how it is a kind of mixed system – as closer to common sense as it gives up Bentham’s claims to consistency and simplicity – resulting as unintended consequences from the controversies in which Mill was too keen to engage. The hidden agenda of the controversy between Utilitarianism and Intuitionism, going beyond the image of the battle between Prejudice and Reason, is described, showing how both competing philosophical outlooks turn out to be more research programs than self-contained doctrinal bodies, and such programs appear to be implemented, and indeed radically transformed while in progress thanks to their enemies no less than to their supporters. -/- 19. Immanuel Kant, practical reason and judgment. The chapter argues that Kant took from Moses Mendelssohn the idea of a distinction between geometry of morals and a practical ethic. He was drastically misunderstood by his followers precisely on this point. He had learned from the sceptics and the Jansenists the lesson that men are prompted to act by deceptive ends, and he was aware that human actions are also empirical phenomena, where laws like the laws of Nature may be detected. His practical ethics made room for judgment as a holistic procedure for assessing the saliency of relevant moral qualities in one given situation; this procedure yields the same results as the geometry of morals does for abstract cases but does so immediately and without balancing conflicting duties with each other, since what makes for the salient quality of a situation is perceived from the very beginning. Kant's practical philosophy is richer than the received image, making room for an ‘empirical moral philosophy’ or moral anthropology including treatment of commerce, needs, value and price, happiness and well-being; the overall social theory and philosophy of history is less different from Adam Smith's than the received image makes believe; the paradox of happiness is central to Kant's philosophy; a distinction between happiness and well-being is clearly drawn; the distinction plays a basic role in establishing a link between the economic and the moral life. -/- 20. Georg Wilhelm Friedrich Hegel and the critique of abstract universalism. The chapter describes first the Romantic movement and the implications some of its concerns, rescuing passions, community, tradition, the individual as the bearer of a unique destiny, and the longing for organic unity between the individual, mankind and nature. Hegel’s contribution is discussed then, highlighting how, on the one hand, he shared a number of these concerns and on the other he had more rationalist leanings. The notion of morality is the pivotal point of the reconstruction, highlighting how Hegel construes this notion as a key to his own diagnosis of the malaise of modernity – the separation of individual and Gemeinschaft – and how his attack on Kant turns around this very idea. -/- 21. Friedrich Nietzsche against Christianity and the Enlightenment. The chapter illustrates first the idea of deconstruction of the back-world of values. Nietzsche claims to be legitimate heir of the French moralists, Leibniz, Kant and Hegel, in so far as he allegedly carries out to its deepest implications their discovery of what lies behind traditional naïve belief in the existence of an objective realm of values just waiting for description by the philosopher. The two exemplars form which genealogy draws inspiration are the classical philologist’s historical reconstructions of lost meanings and the chemist’s decomposition of elements. Then the genealogy of the notions of good and evil carried out in the first dissertation of Genealogy of morals is illustrated with its paradoxical conclusion that will to power is in fact the only ‘genuine’ kind of goodness. The third point illustrated is the dialectic of ascetism and self-realization with its ambiguous outcome. The suggested interpretation of such outcome is that Nietzsche’s normative ethics is a kind of virtue ethics taking an aesthetic ideal as a normative standard -/- 22. George Edward Moore and ideal utilitarianism. The chapter discusses the ideas of common sense and common-sense morality in Sidgwick. I argue that, far from aiming at overcoming common-sense morality, Sidgwick aimed purposely at grounding a consist code of morality by methods allegedly taken from the natural sciences to reach, also in ethics, the same kind of “mature” knowledge as in the natural sciences. His whole polemics with intuitionism was vitiated by the a priori assumption that the widespread ethos of the educated part of humankind, not the theories of the intuitionist philosophers, was what was worth considering as the expression of intuitionist ethics. In spite of a naïve positivist starting-point, Sidgwick was encouraged by his own approach in exploring the fruitfulness of coherentist methods for normative ethics. Thus, Sidgwick left an ambivalent legacy to twentieth-century ethics: the dogmatic idea of a “new” morality of a consequentialist kind, and the fruitful idea that we can argue rationally in normative ethics albeit without shared foundations. Then it reconstructs the background of ideas, concerns and intentions out of which Moore’s early essays, the preliminary version, and then the final version of Principia Ethica originated. I stress the role of religious concerns, as well as that of the Idealist legacy. I argue that PE is more a patchwork of rather diverging contributions than a unitary work, not to say the paradigm of a new school in Ethics. I add a comparison with Rashdall’s almost contemporary ethical work, suggesting that the latter defends the same general claims in a different way, one that manages to pave decisive objections in a more plausible way. I end by suggesting that the emergence of Analytic Ethics was a more ambiguous phenomenon than the received view would make us believe, and that the wheat (or some other gluten-free grain) of this tradition, that is, what logic can do for philosophy, should be separated from the chaff, that is, the confused and mutually incompatible legacies of Utilitarianism and Idealism. -/- 23. Edmund Husserl and the a-priori of action. The chapter illustrates first the idea of phenomenology and the Husserl’s project of a phenomenological ethic as illustrated in his 1908-1914 lectures. The key idea is dismissing psychology and trying to ground a new science of the a priori of action, within which a more restricted field of inquiry will be the science of right actions. Then the chapter illustrates the criticism of modern moral philosophy carried out in the 1920 lectures, where the main target is naturalism, understood in the Kantian meaning of primacy of common sense. The third point illustrate is Adolph Reinach’s theory of social acts as a key the grounding of norms, a view that basically sketches the very ideas ‘discovered’ later by Clarence I. Lewis, John Searle, Karl-Otto Apel and Jürgen Habermas. A final section is dedicated to Nicolai Hartman, who always refused to define himself a phenomenologist and yet developed a more articulated and detailed theory of ‘values’ – with surprising affinities with George E. Moore - than philosophers such as Max Scheler who claimed to Husserl’s legitimate heirs. -/- 24. Bertrand Russell and non-cognitivism. The chapter reconstructs first the discussion after Moore. The naturalistic-fallacy argument was widely accepted but twisted to prove instead that the intuitive character of the definition of ‘good’, its non-cognitive meaning, in a first phase identified with ‘emotive’ meaning. Alfred Julius Ayer is indicated as a typical proponent of such non-cognitivist meta-ethics. More detailed discussion is dedicated to Bertrand Russell’s ethics, a more nuanced and sophisticated doctrine, arguing that non-cognitivism does not condemn morality to arbitrariness and that the project of a rational normative ethics is still possible, heading finally to the justification of a kind of non-hedonist utilitarianism. Stevenson’s theory, another moderate version of emotivism is discussed at some length, showing how the author comes close to the discovery of the role of a pragmatic dimension of language as a basis for ethical argument. Last of all, the discussion from the Forties about Hume’s law is described, mentioning Karl Popper’s argument and Richard Hare’s early non-cognitivist but non-emotivist doctrine named prescriptivism. -/- 25. Elizabeth Anscombe and the revival of virtue ethics. The chapter discusses the three theses defended by Anscombe in 'Modern Moral Philosophy'. I argue that: a) her answer to the question "why should I be moral?" requires a solution of the problem of theodicy, and ignores any attempts to save the moral point of view without recourse to divine retribution; b) her notion of divine law is an odd one more neo-Augustinian than Biblical or Scholastic; c) her image of Kantian ethics and intuitionism is the impoverished image manufactured by consequentialist opponents for polemical purposes and that she seems strangely accept it; d) the difficulty of identifying the "relevant descriptions" of acts is not an argument in favour of an ethics of virtue and against consequentialism or Kantian ethics, and indeed the role of judgment in the latter is a response to the difficulties raised by the case of judgment concerning future action. A short look at further developments in the neo-naturalist current is given trough a reconstruction of Philippa Foot’s and Peter Geach’s critiques to the naturalist-fallacy argument and Alasdair MacIntyre’s grand reconstruction of the origins and allegedly unavoidable failure of the Enlightenment project of an autonomous ethic. -/- 26. Richard Hare and neo-Utilitarianism. The chapter addresses the issue of the complex process of self-transformation Utilitarianism underwent after Sidgwick’s and Moore’s fatal criticism and the unexpected Phoenix-like process of rebirth of a doctrine definitely refuted. A glimpse at this uproarious process is given through two examples. The first is Roy Harrod Wittgensteinian transformation of Utilitarianism in pure normative ethics depurated from hedonism as well as from whatsoever theory of the good. This results in preference utilitarianism combined with a ‘Kantian’ version of rule utilitarianism. The second is Richard Hare’s two-level preference utilitarianism where act utilitarianism plays the function of eventual rational justification of moral judgments and rule-utilitarianism that of action-guiding practical device. -/- 27. Hans-Georg Gadamer and rehabilitation of practical philosophy. The post-war rediscovery of ethics by many German thinkers and its culmination in the Sixties in the movement named ‘Rehabilitation of practical philosophy’ is described. Among the actors of such rehabilitation there were a few of Heidegger’s most brilliant disciples, and Hans-Georg Gadamer is chosen as a paradigmatic example. His reading of Aristotle’s lesson I reconstructed, starting with Heidegger’s lesson but then subtly subverting its outcome thanks to the recovery of the central role of the notion of phronesis. -/- 28. Karl-Otto Apel and the revival of Kantian ethics. Parallel to the neo-Aristotelian trend, there was in the Rehabilitation of practical philosophy a Kantian current. This started, instead than the rehabilitation of prudence, with the discovery of the pragmatic dimension of language carried out by Charles Peirce and the Oxford linguistic philosophy. On this basis, Karl-Otto Apel singled out as the decisive proponent of the linguistic and Kantian turn in German-speaking ethics, worked out the performative-contradiction argument while claiming that this was able to provide a new rational and universal basis for normative ethics. An examination of his argument is some detail is offered, followed by a more cursory reconstruction of Jürgen Habermas’s elaboration on Apel’s theory. -/- 29. John Rawls and public ethics as applied ethics. Rawls’s distinction between a “political” and a “metaphysical” approach to one central part of ethical theory, namely the theory of justice, is interpreted as a formulation of the same basic idea at the root of both the principles approach and neo-casuistry, both discussed in the following chapter, namely that it is possible to reach an agreement concerning positive moral judgments even though the discussion is still open – and in Rawls’ view never will be close – on the basic criteria for judgment. -/- 30. Beauchamp and Childress and bioethics as applied ethics. The chapter presents the revolution of applied ethics while stressing its methodological novelty, exemplified primarily by Beauchamp and Childress principles approach and then by Jonsen and Toulmin’s new casuistry. -/- . (shrink)

Author: Bogusz-Bołtuć Ewa Title: WŁADYSŁAW TATARKIEWICZ’S DISJUNCTIVE DEFINITION OF ART. IN ANALYTIC PHILOSOPHY OF ART (Władysława Tatarkiewicza alternatywna definicja sztuki a analityczna filozofia sztuki) Source: Filo-Sofija year: 2011, vol:.13/14, number: 2011/2-3, pages: 591-600 Keywords: WŁADYSŁAW TATARKIEWICZ, ALTERNATIVE DEFINITION OF ART, DISJUNCTIVE DEFINITION OF ART, BERYS GAUT Discipline: PHILOSOPHY Language: POLISH Document type: ARTICLE Publication order reference (Primary author’s office address): E-mail: www:As a historian of ideas, Władysław Tatarkiewicz sought to introduce order to the meanders of philosophical debates (...) of the past, but as a philosopher, he tried to determine what a given thing is. In this essay I will attempt to show that the voice of Tatarkiewicz was significant for the philosophical debate about ‘what art is?’. In the fifties of the twentieth century, Morris Weitz concluded that defining art through describing the necessary and sufficient conditions for something to be a work of art, is unfounded. His thesis not only began the anti-essentialist trend in analytic aesthetics, but also prompted attempts to define art by drawing attention to its relational properties. In the disjunctive definition of art, which he formulated in the late 1960s, Władysław Tatarkiewicz opened a new option, where to get something regarded as a work; it is enough to set certain minimal sufficient conditions. What’s more, this way of defining art seems to be one of the more promising projects. The latest version of the disjunctive definition of art, the cluster definition of art by Berys Gaut, is also part of a trend set by the Tatarkiewicz’s definition. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Art and SelectionBrian BoydArt Instinct: Beauty, Pleasure, and Human Evolution, by Denis Dutton; 279 pp. New York: Bloomsbury Press, 2009, $25.00. Oxford: Oxford University Press, £16.99.In the interests of full disclosure: Denis Dutton, the author of The Art Instinct: Beauty, Pleasure, and Human Evolution, not only edits this journal but has also published here a number of my essays. We share enthusiasms and aversions, but we also now and (...) again disagree. And we both enjoy spirited discussion, which is why I asked him if I might review his book for this journal. Now can we begin?Ellen Dissanayake, the first to take a modern evolutionary approach to art, in her What Is Art For? (1988), doubts that sexual selection can explain much about art. After all, she notes, men can compete about anything, even about who can pee the highest.1 Denis Dutton, the first philosopher to take a sustained evolutionary approach to the arts, suggests that much in art arises from sexual selection—and he spends a good deal of time discussing and dismissing the kind of philosophy of art that orients itself around the urinal that Marcel Duchamp christened Fountain.Dutton begins by reporting recent research into the universality of human landscape preferences. Although these preferences explain little about art in the round, they vividly demonstrate the link between human emotions and preferences across cultures now and human survival [End Page 204] needs thousands of generations ago. In chapter 2, Dutton shows that although recent philosophers of art have not sought to ground art in human nature, that has been an aim of their predecessors from Aristotle to Hume and Kant.But Dutton really starts with the intuitions that art seems a fundamentally similar pursuit around the world, and that artworks like Duchamp's Fountain or Andy Warhol's Brillo Boxes should not be central to our thinking about art, even if they have been central for prominent philosophers of art like George Dickie and Arthur Danto. Dutton stresses that we can appreciate art across cultures. He did so himself when he lived in India while in the Peace Corps, and, an accomplished pianist, learned the sitar from a student of Ravi Shankar, or later, when he lived by the Sepik River in northern Papua New Guinea to ascertain whether "local criteria for beautiful art agree with what Western aficionados and connoisseurs of Sepik art call beautiful. My conclusion was unequivocal: Sepik standards of beauty closely match the opinions of Western experts, including curators and collectors who enjoy a wide experience with Sepik museum collections but who have never set foot in the country" (p. 11).As this passage makes clear, Dutton is not your average armchair academic analytical aesthetician—thank goodness. Unlike the typical professional philosopher of art, he does not hide behind the porcupine quills of philosophese, good for defense and a certain kind of bristly display but utterly rebarbative. Like that other maverick philosopher, Daniel Dennett, he instead engages with work, the world, and readers outside his discipline.Dutton argues convincingly for the need to focus first on indisputable examples of art rather than on problematic cases, just as discussions of murder should not begin with assisted suicide, abortion or capital punishment (p. 50). One of his best chapters offers a cluster concept of art, a dozen features shared by the most unequivocal art. Doubtful cases will satisfy fewer than the full checklist, but there is no fixed threshold, no necessary and sufficient number of criteria. And no criterion by itself distinguishes art from non-art. Indeed one of the most fascinating aspects of his cluster concept is that, for each criterion, he parenthetically notes examples elsewhere in human life that would satisfy that criterion but that nobody would consider art. Skill and virtuosity, for instance, he insists on as features of the indisputably artful, but he adds also: "High skill is a source of pleasure and admiration in every area of human activity beyond art, perhaps most notably today in sports. [End Page 205] Almost every regularized human activity can be turned competitive in order to emphasize the development and admiration of its technical, skill aspect. Guinness World Records... (shrink)

This paper suggests that art cannot be defined in terms of individually necessary and jointly sufficient conditions. Instead, we propose that there are several sufficient conditions for something's being art, and that a successful definition will consist of a disjunction of minimally sufficient conditions. Our proposal owes much to the insights of Berys Gaut's ‘“Art” as a Cluster Concept’ but offers a much simpler logical formulation, which, in addition, is immune to the objections that (...) have been raised to Gaut's account. This paper agrees with Gaut's claim that there are borderline cases of art, and suggests that they arise from indeterminacy about the content of some of the minimally sufficient conditions. It is argued that this disjunctive account is superior to classical theories, resemblance-to-paradigm theories, and prototype theories of art. (shrink)

There is a consensus that satire cannot be defined, but is best characterized by a cluster account. However, I argue that a cluster account does not acknowledge the artistically and politically significant distinction between real satire and some forms of frivolous topical comedy which are casually labeled ‘satire’ in international media contexts. To uphold this distinction, I introduce a weak proposal that satire is a genre which necessarily sets out to critique and entertain (with the qualification that these (...) purposes necessarily interact, although neither is wholly instrumental to the other). I further argue that this proposal also provides necessary and sufficient conditions for a definition of satire. (shrink)

At the third section of the “Analytic of the Beautiful” of the Critique of Judgement, Kant establishes the difference between pure judgements of taste and judgements of adherent beauty. The Author contends that the definitions presented there are problematic when one attempts to reconcile them with judgements of artistic beauty. In principle, every work of art supposes certain concepts and contents that determine it as an artistic object, so it would not be possible to formulate pure judgements of taste in (...) their regard. In order to overcome these difficulties, it becomes necessary to articulate the ideas in relation to the nature of artistic production that Kant presents in the sections on Fine Art and the Genius, where the concept of “aesthetic ideas” is introduced. Finally, the debate on landscape and gardening in the 18th century allows us to understand how pure judgements of taste can be made from two different ways of presenting aesthetic ideas in an artistic genre. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Music, Mind, and Morality:Arousing the Body PoliticPhilip Alperson (bio) and Noël Carroll (bio)I. IntroductionIf like Aristotle one agrees that the responsibility of philosophy is to offer as comprehensive a picture of phenomena as possible, then one must admit that sometimes the methods and goals of analytic philosophy stand in the way of getting the job done properly; they may even distort one's findings. This is not said in order (...) to eschew analytic philosophy. It is simply a reminder that sometimes we need to stand back and check to reassure ourselves that the tail is not wagging the dog.One example of where this danger looms is in the philosophy of art. In the eighteenth century the Modern System of the Arts was born.1 It included the practices that we think nowadays are the appropriate inhabitants of art schools and art centers and the legitimate beneficiaries of programs like the National Endowment for the Arts in the United States. These arts included poetry, painting, sculpture, music, dance, and sometimes gardening. These are what we might call the arts with a "capital A."This is a different way of understanding the notion of the arts and the nomenclature from which they derive in Latin and Greek. For Socrates, Aristotle, and Plato, arts were simply any skilled practice. Poetry, for Aristotle at least, was an art, but so were navigation, medicine, and statecraft. And there were, of course, the martial arts. What happens with the emergence of the Modern System of the Arts—otherwise known as the Fine Arts, or the Beaux Arts, or, for us, the Arts with a capital A—is that a subset of the arts in the Greco-Roman sense were selected out and christened as a class unto itself, [End Page 1] different from the other "small a" arts. Whereas once upon a time chemists and painters might have been grouped together in the same guild in virtue of the fact that both types of workers ground substances, such as pigment; with the advent of the Modern System of the Arts, chemists and painters became first and foremost categorically different.However, the consolidation of the class of Arts with a capital A demanded a theoretical answer to the question of what criterion an art form had to meet in order to gain membership in the Modern System of the Arts. The first suggestion was that a candidate practice had to possess the capacity to imitate the beautiful in nature. This was not a definition that had legs. For when absolute or pure instrumental music—or, as Peter Kivy calls it, music alone2 —took center stage as the most important form of music as well as the Art with a capital A to which all the other arts putatively aspired, the criteria for entry into the Modern System of the Arts had to be reconceived. Since music alone could not creditably be described as the imitation of the beautiful in nature (or, for that matter, the imitation of anything else), a new license for practicing Art with a capital A had to be found. And this has become one of the animating tasks of the analytic philosophy of art.But the analytic philosophy of art comes with a certain bias toward discharging this task. It is committed to finding an essentialist answer to resolving the question of what warrants citizenship in the republic of Art (with a capital A). That is, what makes something an Artistic practice or, for that matter, a work of Art such that it is different from other things? What separates the Arts and the artworks from everything else?Perhaps not surprisingly, one of the most popular and recurring proposals here is that the Arts are what are primarily intended to promote aesthetic experience where that has formerly been characterized as disinterested pleasure but, more recently, as experience valued for its own sake. Experience valued for its own sake, of course, is virtually by definition conceptually independent from any other end, whereas the practices that do not belong to the Modern System of the Arts are primarily devoted to securing other ends—useful or utilitarian ends, knowledge... (shrink)

We are living in the era of street art. Since Nick Riggle’s pivotal work on the definition of street art, several philosophers have addressed issues in the philosophy of street art. The goal of this paper is to summarize the literature. I consider the following matters, which have been at the core of philosophical discussions on street art: demarcation, value, illegality, and the ethical foundation of intellectual property (IP) protection. In answering the question ‘What is street art?,’ philosophers have (...) generally resisted skeptical approaches by developing a wide range of real and essentialist definitions of street art (Section 2). When considering street art’s value, I distinguish between aesthetic and non-aesthetic centered accounts. If the former focus on the aesthetic side of our experience of street art, the latter generally place emphasis on its activist nature and political significance (Section 3). In discussing the relationship between street art and illegality, I canvas different takes on the issue. If for some scholars illegality is either a necessary or sufficient condition for street art, philosophers tend to agree that it is neither, while not denying its relevance at the level of identity and authenticity (Section 4). Finally, I consider matters of IP protection of street art. On the one hand, copyright optimists defend the view that current IP legislations may very well have a positive impact on the promotion and preservation of street art. Pessimists, on the other hand, argue that an extension of copyright privileges to works of street art is likely to jeopardize the counter-cultural and rebellious nature of this urban art kind (Section 5). (shrink)

The cluster account, one of the best attempts at art classification, is guilty of ahistoricism. While cluster theorists may be happy to limit themselves to accounting for what art is now rather than how the term was understood in the past, they cannot ignore the fact that people seem to apply different clusters when judging art from different times. This paper shows that while allowing for this kind of historical relativity may be necessary to save the account, (...) doing so could result in incorporating an essentially institutional component or making the theory extremely complex and virtually impossible to use. (shrink)

Richard Wollheim threatened George Dickie's institutional definition of art with a dilemma which entailed that the theory is either redundant or incomprehensible and useless. This article modifies the definition to avoid such criticism. First, it shows that the definition's concept of the artworld is not vague when understood as a conventional system of beliefs and practices. Then, based on Gaut's cluster theory, it provides an account of reasons artworld members have to confer the status of a (...) candidate for appreciation. An authorised member of an artworld has a good reason to confer the status on an object if it satisfies a subset of criteria respected as sufficient within this artworld. The first horn of the dilemma is averted because explaining the reasons behind conferral cannot eliminate references to the institution, and the second loses its sharpness, as accepting partial arbitrariness of the conferral does not deprive the theory of its explanatory power. (shrink)

For Kant the definitive end of art is the expression of aesthetic ideas that are sensible counterparts of rational ideas. But there is another type of aesthetic idea: ‘Beauty can in general be called the _expression_ of aesthetic ideas: only in beautiful nature the mere reflection on a given intuition, without a concept of what the object ought to be, is sufficient for arousing and communicating the idea of which that object is considered as the _expression_.’ What are these (...) aesthetic ideas? I argue that Kant is drawing on the idealist conception of art, associated with Vasari, Bellori and Winckelmann, as presenting idealized spatial forms characteristic of natural kinds. He incorporates this conception into his analysis of the beauty of nature and adds that we have non-conceptual access to it. These idealized forms he names aesthetic normal ideas of natural species. §51 of Kant’s Critique of the Aesthetic Power of Judgment opens with an unexpected claim, described by readers as ‘puzzling’, ‘perplexing’ and even as a ‘notorious mystery’.1 1 Beauty can in general be called the _expression_ of aesthetic ideas: only in beautiful art this idea must be occasioned by a concept of the object, but in beautiful nature the mere reflection on a given intuition, without a concept of what the object ought to be, is sufficient for arousing and communicating the idea of which that object is considered as the _expression_. 2 2 I will argue that, in this passage, Kant states that there are two types of aesthetic ideas—namely, aesthetic ideas expressed in beautiful art and aesthetic ideas expressed by beautiful nature. This distinction is surprising for, before this juncture, there is no explicit claim that there are different types of aesthetic ideas. In fact, although Kant offers several seemingly general characterizations of aesthetic ideas, in none of them does he indicate that there is a subdivision of the genus. Noteworthy, too, is the claim that the distinct pleasure we take in beautiful nature is independent of concepts; for strikingly, it can be considered as the expression of what the passage above expressly calls ideas. In his analysis of fine art, Kant draws the distinction between natural and artistic beauty—a distinction that is succinctly repeated in the passage above.3 3 But when he goes on to explicate the notion of an aesthetic idea, he refers only to aesthetic ideas expressed in art. This fact is taken to support the assumption that aesthetic ideas are connected solely to art. This is the heart of the mystery of the passage, for in it, Kant explicitly talks about aesthetic ideas expressed by beautiful nature. This raises a crucial question: Does the explication of aesthetic ideas in the sections on art apply to aesthetic ideas of beautiful nature?I maintain that the answer is negative. Although, in the passage above, Kant uses the same term in relation to both kinds of beauty, he has a clear distinction in mind: Beauty in art is an aesthetically or sensuously unified expression of the conceptual richness of an idea of reason; beauty in nature is an expression of a purely aesthetically or sensuously unified richness. Obviously, this distinction is connected to other significant differences between the two kinds of beauty. But it is important to point out at the outset that the two types of aesthetic ideas have in common only the quality of being a sensuously unified richness. It is in this sense that they are both species of a single genus. But what more precisely does Kant mean by aesthetic ideas expressed by beautiful nature, and what unified richness do they express and how precisely do they express it? It is to the historical genealogy of this notion of aesthetic ideas of beautiful nature and its implications for Kant’s theory of beauty that this paper is devoted. This historical genealogy will reveal a sense of the notion of aesthetic ideas that we easily overlook but would have been familiar to Kant and his contemporaries. (shrink)

This handsomely produced volume contains 22 contributions from international scholars, which were originally presented at the 2000 Conference of the International Society for Phenomenology, Fine Arts, & Aesthetics. The papers center around the theme of gardens and include a wide range of topics of interest to phenomenologists but also, perhaps, to gardeners with a philosophical bent. A sampling of topics: Leonardo's Annunciation Hortus Conclusus and its reflexive intent; hatha yoga--a phenomenological experience of nature; the Chinese attempt to miniaturize the (...) world in gardens; conflating and compressing time in commodified space and architecture; constructing the deconstructive landscape (the ruin aesthetic); and a phenomenological-anthropological aproach to Zen gardens. The volume is lightly indexed by name (mostly philosophers). Annotation (c)2003 Book News, Inc., Portland, OR (booknews.com). (shrink)

Published under the auspices of The World Institute for Advanced Phenomenological Research and Learning, 19 essays document the April 1998 international congress held at Harvard University. They ponder on such topics as the phenomenology of the experience of enchantment, Leonardo's enchantress, the ambiguous meaning of musical enchantment in Kant's Third Critique, art and the reenchantment of sensuous human activity, the creative voice, the allure of the Naza, Henri Matisse's early critical reception in New York, Zizek's sublimicist aesthetic of enchanted fantasy, (...) and enchantment in Baroque festive court performance in France. There is no subject index. Annotation copyrighted by Book News Inc., Portland, OR. (shrink)

The central theme of my dissertation is Husserl’s phenomenological analysis of how we experience images. The aim of my dissertation is twofold: 1) to offer a contribution to the understanding of Husserl’s theory of image consciousness, aesthetic consciousness and art, and 2) to find out whether Husserl’s theory of the experience of images is applicable to modern and contemporary art, particularly to strongly site-specific art, unaided ready-mades, and contemporary films and theatre plays in which actors play themselves. Husserl’s commentators and (...) followers interested in his theory of the experience of images have mostly focused on the concept of “phantasy” [Phantasie] or “imagination.” Accordingly, the main interest is in the notion of the “image object” [Bildobjekt] and in the question of how something absent can appear in an image. In my dissertation, the central concept is “image consciousness” [Bildbewusstsein] which is a unique kind of experience: it involves both perception and imaging. I want to show that Husserl’s early theory of depictive image consciousness and his later theory of the experience of images can both be subsumed under the term “image consciousness”. I want to point out that Husserl’s revision of his earlier theory of image consciousness results in the distinction between depictive and non-depictive image consciousness, and that revision did not amount to an abandoning of the theory of “image consciousness.” In addition, Husserl divides depictive consciousness into positing and non-positing depictive consciousness. In my dissertation, I take the theory of image consciousness as the basis for explaining the experience of images, including the experience of visual works of art. In Husserl’s definition of art: “Without an image, there is no fine art”. The theory of image consciousness also plays an important role in explaining aesthetic consciousness since the focus is on “the How of the image object’s depicting”. My aim is to accentuate the subject in image consciousness, rather than the image object. I want to show that whether the subject is involved in image consciousness or not makes the difference if we have a two-fold or three-fold experience of seeing-in. In this way, I can also compare Husserl and Wollheim’s theories of seeing-in: a comparison that has received minimal attention in the literature of pictorial experience until now. In addition, I aim to show that according to Husserl’s theory, the image subject is involved only in depictive image consciousness. Moreover, I try to show that it is more difficult to define the image subject than the image object for the subject cannot be equated with the referent. Lastly, I will point out that Husserl mentions the possibility that it is the appearance of the subject rather than the image object appearance that we are focused on in aesthetic consciousness. Another topic that has received minimal attention until now is Husserl’s idea that depiction is involved in the experience of theatrical performance. The latter is primarily used by Husserl as an example of non-depictive image consciousness. I will examine how depiction can be involved in the experience of a theatre play in the case of actors playing themselves onstage. I will show that, in light of this example, either Husserl’s theory of depiction need to be revised or we cannot say that depiction is involved when an actor plays a real life person. Again, the key issue is how the subject appears. Thus, I will try to apply Husserl’s theory of depiction in explaining our experience of theatrical performances. I will also try to use his theory of aesthetic consciousness in describing the experience of strongly site-specific art and point out what the difficulties are of using the idea of the limited synthetic unity of the aesthetic object in the case of strongly site-specific art which seems to have no prescribed margins that could correspond to the limitedness. In addition, I will show how Husserl’s phenomenology, especially the notion of horizon, can be used to define visual art. I will defend the view that an object of art can be defined as art through an external co-determining horizon – the artworld. My dissertation is divided into four parts. In the first part, I give an overview of the development of Husserl’s philosophy from the period 1989 – 1920s with a special focus on the development of the theory of image consciousness. In that part, I introduce the notions of depictive and non-depictive image consciousness. In the second part, special focus is on the depictive image consciousness or the theory of depiction. I will first explain the phenomenological approach to the experience of images and what the difference and similarities are between Husserl and Wollheim’s theory of seeing-in. Then I give more detailed description of the three objects or objectivities in image consciousness with the emphases on the image subject. Also, how the objects are related to each other: the necessary conflicts and a resemblance in image consciousness. Lastly, I will analyse Husserl’s claim that depiction might be involved in the experience of theatrical performances and I will show what the difficulties are of applying this idea in the case of a theatre play in which actors play themselves. In the third part, I examine Husserl’s theory of aesthetic consciousness. I will first point out how the notion of “aesthetic object” is equated with that of “work of art” by Husserl. Then I will show the similarities between the aesthetic attitude and phenomenological attitude in general, and how aesthetic consciousness differs from image consciousness according to Husserl. In this vein, I will point out the difficulty of defining whether, following Husserl’s texts, we are directed to image object appearance or the appearance of the image subject in aesthetic consciousness. Lastly, I will analyse Husserl’s idea of the limited synthetic unity of the aesthetic object and whether this theory holds in the case of the experience of strongly site-specific art. In the fourth part, I will give an overview of Husserl’s notes on art and his attempt to define art. The question whether every visual work of art must be an image is also addressed. The fourth part is divided into two sections. Firstly, I will show how some of Husserl’s commentators analyse artworks as analogues to or illustrations for Husserl’s phenomenology: how some works of art are doing phenomenology. Secondly, how Husserl’s phenomenology can be used to analyse our experience of artworks. In this section, I will examine Husserl’s claim that all works of visual art are images. Also, I will show how Husserl’s notion of the external co-determining horizon can be used to define art. Some material used in my dissertation has been published in the following journals: Proceedings of the European Society for Aesthetics, South African Journal of Philosophy, 2013), Kunstiteaduslikke Uurimusi, 2014), Postgraduate Journal of Aesthetics Spring 2014). (shrink)

The article discusses the possibilities of the formal analysis of the fine-art painting composition on the basis of the classical definitions of beauty and computational aesthetics’ approaches of the second half of the 20th century he authors define the problem and consider solutions for the formalization of aesthetic perception in the context of aesthetic text, i.e., as part of the fine arts composition – a formal sequence of signs simply ordered in accordance with the syntactic rules’ system. The (...) methodology of the research is defined by the general semiotics, distinguishing semantics, syntax, and pragmatics of a sign, by the aesthetic analysis’ methods, ranging according to the author’s message aesthetics, receptive aesthetics, and text aesthetics, as well as by the computational analysis methods connected with neural network means of defining the images’ symmetry. The article reveals preconditions for the emergence and also the current state of computational aesthetics as an interdisciplinary branch of knowledge. Analyzing the problem from the perspective of philosophy, aesthetics, semiotics, and technology, the authors draw attention to the need to improve the computational aesthetics methods. Firstly, the existing methods do not always enable to describe the fine-art object adequately. Secondly, there exists the so-called reduction of aesthetic assertion transforming it into the assertion concerning the object’s external characteristics. As a result, the authors assume that the increasing complexity of the current mathematical models and the experts’ subjective assessment support will allow to reach a compromise solution that enables the development of computational aesthetics as a branch of knowledge. Enhancement and development of the mathematical models, taking into account the rules of semiotics and subjectivism of the human perception, is the relevant objective of computational analysis of the aesthetic fine-arts text. The results of the present research supports the classic statement regarding the underivability of semantic and pragmatic propositions from syntax. The research concludes that relevant objectives are to find a correlation between, one the one hand, the axes and points of symmetry, deriving from the neural simulation, and, on the other hand, aesthetic effect, emerging from the perception of fine-art paintings. (shrink)

This essay links Jean-Luc Marion's phenomenology of fine art to his description of Christian love. It does so by carefully showing how Marion's overall project is closely related to Kant's well-known account of the relationship between aesthetics and morality. While Kant and Marion both believe that aesthetic experience can lay the groundwork for moral action, their contrasting views of morality lead them to very different articulations of such a relationship. While Kant sees encounters with fine art as preparing (...) individuals for the particular kinds of disinterested judgments characteristic of moral decision-making, Marion sees artwork as preparing the subject for the openness toward intuitive excess that is necessary for love. (shrink)

In two experiments (N=888), we explore to what extent the folk concept of art is compatible with the leading philosophical definitions of art, and whether it is an essentialist or a non-essentialist concept. We manipulate three factors: whether an object is created intentionally, whether it has aesthetic value, and whether it is institutionally recognized. In addition, we also manipulate the artistic domain (visual art or music). The results suggest that none of the three properties is seen by the folk as (...) necessary for an object to be considered art, which suggests that the folk concept of art might be a cluster concept. (shrink)

Time is a necessary element in understanding AI art. Firstly, time reveals the historical process by which art-theoretical predicates move from the unmarked to the marked, which can thus be utilized as a defense for arguing the legitimacy of AI art as art. Furthermore, AI art should be seen as a “new” art that is temporally ahead of the descriptive forms of art theory. Secondly, time provides a unique interpretation of AI artworks’ characteristics and aesthetic experience. The absence of (...) experience, the de-depth of AI artworks, and the “short experience/short memory” aesthetic mode of the masses are closely linked to the scarcity of time in an age of acceleration. Finally, time reflects the loss of “aura” and the new end of art that AI art may bring about. Time provides a defense and explanation of AI art, as well as a perspective for reflecting on the development of art in contemporary times. (shrink)

An anthology of contemporary readings in analytic aesthetics, this reference reflects the relationships among the central aesthetic concerns of recent years. Providing a new perspective on the contemporary philosophy of art, this volume examines the challenge of Postmodernism and how it may or may not affect the future of analytic aesthetics... offers a case study of the progress that has been made in handling the problem of expression in the arts... reconceptualizes the concepts of the art work, its properties, and (...) our experience and evaluation of it -- to take into account an expanding cultural, sociological contextualization, i.e., art as a culturally emergent product of social institutions and conventions... features several readings organized around clusters of writers discussing each other's ideas and proposals, including: Beardsley, Dickie, and Blizek -- Wolterstorff, Levinson, and Bender -- Stolnitz and Dickie -- Beardsley, Margolis, and Novitz -- and Sibley and Dickie. Suitable for professionals in the art industry and anyone interested in the philosophy or aesthetics of art. (shrink)

Since the beginning of the eighteenth century the philosophy of art has been engaged on the project of trying to find out what the fine arts have in common and, thus, how they might be defined. Peter Kivy's purpose in this accessible and lucid book is to trace the history of that enterprise and argue that the definitional project has been unsuccessful. He offers a fruitful change of strategy: instead of engaging in an obsessive quest for sameness, let us (...) explore the differences between the arts. He presents five case studies, three from literature, two from music. With its combination of historical and analytic approaches this is a book for a wide range of readers in philosophy, literary studies, music, and non-academic readers with interests in the arts. (shrink)

Sport has become a significant part of the contemporary society culture. There has been developed a system of sciences dealing with sports. Philosophy figures prominently among them and it deals with aesthetic problems of sport. The problem of the aesthetic of sport is really of great importance as; first of all, it creates new fields of aesthetic activity and exerts aesthetic influence upon millions of people. Secondly, sports exert profound influence upon modern architecture, design, performing and fine arts, fashion (...) and lifestyle. Thirdly, sport has become one of important means of preservation and further development of traditions of national cultures and their aesthetic values. The development of sport is mainly determined by its aesthetic essence, therefore it is important to realize thespecific character of its content and avoid applying to it criteria of other kinds of aesthetic activity. The significance of the aesthetic aspect of sport is due to the fact that sport has contributed a lot to the development of human beings, their humanistic and aesthetic ideals, sensual image of a perfect man. The character of the contemporary society sport is complicated and controversial and therefore careful analysis of its content, of its structure and functions is necessary. (shrink)

It has been claimed that the prototype theory of concepts supports two controversial claims in the philosophy of art: that art cannot be defined, and that the possession of a certain sort of historical narrative is a sufficient but not necessary means of determining the art status of contested works. It is argued here that two sorts of considerations undermine the thesis that prototype theory offers significant support to anti-definitionism and historical narrativism. First, there is reason to think (...) that prototype theory is as a psychological theory not the sort of view that can support philosophical theories like anti-definitionism and historical narrativism. Second, well-known objections and theoretical alternatives to prototype theory theory raise serious questions about that theory’s own credentials. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Dewey's Art as ExperienceThe Psychological BackgroundRichard Shusterman (bio)IThe year 2009 marks the 150th anniversary of John Dewey's birth and also the 75th anniversary of the publication of his aesthetic masterpiece Art as Experience—a book that has been extremely influential within the field of aesthetics, not only in philosophical aesthetics and aesthetic education but also in the arts themselves.1 I am honored to commemorate this double Deweyan anniversary with an (...) essay that reexamines Art as Experience by briefly tracing some of its major themes and clarifying its generative context of production and philosophical roots, while also suggesting, in passing, how some of these themes and roots contribute to its continuing philosophical relevance. Before going further, I should offer two preliminary cautions. First, Dewey's aesthetic magnum opus is obviously too rich and masterful in ideas and influence for any brief commemorative essay to hope to do it sufficient justice. Second, as Dewey defined philosophy as "a criticism of criticisms," so my remarks will include a critical dimension.2 This in no way denies my immense admiration for Dewey's achievement in Art as Experience, just as my noting of some formative influences on this work is in no way meant to diminish the impressive originality of his contribution.Dewey's Art as Experience first established pragmatist aesthetics on the philosophical map, yet his text makes no mention of pragmatism. There are good reasons for Dewey's reluctance to highlight the term. The pragmatic is closely linked to the practical, precisely the idea against which the aesthetic has, since Kant, been traditionally contrasted and often oppositionally defined as purposeless and disinterested. To describe his new aesthetic [End Page 26] explicitly as pragmatist might have aroused too much skepticism to insure Dewey's views a fair hearing. Moreover, the pragmatist movement did not yet have a real tradition of philosophical aesthetics on which Dewey could securely rely, a suspicious lack that encouraged the presumption that pragmatism had nothing worthwhile to offer the arts and no real interest in them. Neither C. S. Peirce (who first conceived and baptized pragmatism) nor William James (who made it an internationally famous movement and converted Dewey to it) provided any treatises on aesthetics in their voluminous and wide-ranging writings.It would be wrong to conclude, however, that these first prophets of pragmatism dismissed the aesthetic dimension as unimportant and that they contributed nothing to our understanding of art and criticism. As the originator of semiotics, Peirce significantly advanced the theory of symbols and interpretation in ways that enrich aesthetics. Appreciative of the role of play in creative expression and thought (which he tried to capture through an intriguing concept he called "musement"), Peirce also emphasized the immediately felt quality of experience (so crucial to aesthetics) as his first category of consciousness or "Firstness." Finally, Peirce urged the continuity and collaboration of aesthetics and ethics, even going so far as "making Ethics dependent upon Esthetics" and treating "the morally good … as a particular species of the esthetically good." If "Ethics is the science of the method of bringing Self-Control to bear to gain" what we desire, "what one ought to desire … will be to make [one's] life beautiful, admirable. Now the science of the Admirable is true Esthetics."3William James, whose keen aesthetic taste, wide culture, and love of art inspired his first career choice for painting, offered almost no theorizing in philosophical aesthetics because he was convinced that its abstract formal principles and discursive definitions necessarily failed to capture (and even tended to obscure) the crucial nameless subtleties of art that make all the difference in actual aesthetic experience. But James held the aesthetic dimension of experience (its immediately and distinctively felt but nameless qualities and the appeal that such qualities exercised on our minds and behavior) to be extremely important, well beyond the field of fine art. Maintaining that such aesthetic considerations deeply pervaded one's ethical and philosophical perspective, he even argued that contentions between rival worldviews rested largely on "aesthetic" discords or conflicting temperaments.4 James also devoted specific attention to the aesthetic emotions as "subtler emotions" (along with intellectual and moral... (shrink)

The doctrine that there are “languages of art”, that works of fine art are to be construed somehow as utterances in a language, is an attractive doctrine, judging from the steady inclination of interested theorists to revive it in one way or another. For instance, in a fairly early publication of contemporary aesthetics, T. M. Greene argued that a work of art, in expressing something about the world, could be taken as a proposition, whether or not linguistically paraphrasable. Interestingly (...) enough, Greene did not linger to articulate sufficiently clearly the sense in which works of art could be said to be propositions; though in ascribing truth to them, in a respect proper to explicit statements, it is clear that he meant what he said to be taken quite literally. Again, Susanne Langer has sustained a notably unsuccessful effort to explicate the defensible sense of her muchdebated thesis that “Art is the creation of forms symbolic of human feeling”. In a relatively late adjustment, she concedes that “artistic import is expressed, somewhat as meaning is expressed in a genuine symbol, yet not exactly so. The analogy is strong enough to make it legitimate, even though easily misleading, to call the work of art the art symbol”. What Langer’s thesis comes to, then, is the denial that works of art may be construed literally as linguistic utterances or as symbolic utterances that behave in ways formally similar to the uses of language. The analogy between art symbols and “genuine” symbols may, of course, be conceded benignly enough, once the ulterior philosophical claim is dismissed. (shrink)

This paper attempts to illustrate a process of analysis that will hopefully open a path to more complete and useful definitions of sign and symbol. It applies a form-content analysis to the metaphysical properties of these two concepts. The objective is to locate criteria necessary and sufficient to derive formal definitions for these terms. Wittgenstein’s concept of “forms of representation” is analyzed and applied to the topic. Criteria are outlined that determine the appropriateness of the sign and symbol (...) to be applied as labels. Criteria of definition are then developed using gesture, metaphor, and several other example types to illustrate the use of the criteria in distinguishing between sign and symbol. The structural organization of these two concepts proved to be especially complex and led to what some readers may find somewhat obscure. It is not our intention to be purposefully obscure. (shrink)

The article presents Hanslick’s aesthetic formalism as the starting point of the contemporary aesthetics of music. His book, written in the 19th century, is considered contemporary because it still proves to be influential and fruitful in the contemporary theoretical circles, especially in the modern analytic aesthetics of music, where it is widely cited and discussed. The article positions Hanslick’s book in relation to his nearest predecessors Kant and Herbart, and to the neighbouring area where the formalistic view appeared, namely in (...) Fidler’s visual formalism in fine arts. It is shown that by being the first piece of writing to attempt to systematically and comprehensively determine the essence and the content of music, and the criteria for evaluation of musical worth, Hanslick’s book sets the foundation for a rigorous examination of the aesthetics of music, and also breaks off with the widely ingrained preconceptions of music, which were in themselves an obstacle to establishing the aesthetics of music as a scientific discipline. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reflections on Beardsley's AestheticsProblems in the Philosophy of CriticismDonald Crawford (bio)Monroe Beardsley's Aesthetics was published the year I was a junior philosophy major at the University of California, Berkeley, and by the end of that academic year, I had completed semester courses in the history of ancient as well as modern philosophy, logic, ethics, and the philosophy of religion. The requirements remaining for me in philosophy in my senior (...) year were a course in either epistemology or metaphysics, plus five elective philosophy courses. I had fairly developed interests in literature, especially poetry, classical music, film, and the visual arts, so it seemed natural for me to select a course in aesthetics as one of my remaining electives. Nonetheless, I had no idea what aesthetics was. When I looked up the word in the dictionary, I found the following definition: "The branch of philosophy dealing with beauty or the beautiful, especially in the fine arts." Even today, the Berkeley philosophy course catalog entry for aesthetics simply says, as it did then, "Aesthetics: Visual arts/literature and music. Form, expression, representation, style; interpretation and evaluation."Interpretation and evaluation sounded worth pursuing. At that time I had no doubt that almost any music by Bach was better than that by Offenbach, that Van Gogh's Starry Night was in a different class than Norman Rockwell's covers for the Saturday Evening Post, or that Bergman's The Seventh Seal (1957) was a far better film than Attack of the Crab Monsters of the same year. And I was fully convinced that some poems lent themselves to more interesting and profound readings—that is, interpretations—than others and therefore were better poems. So a course that dealt with the interpretation and evaluation of the visual arts, literature, and music was enticing. The class lectures were rather dull, however, and I began to have regrets for enrolling. Besides, the required text was brand new and had several drawbacks: there were no used copies available so it was expensive ($7.50!), and its 591 pages were bound in hardback and heavy. [End Page 19]Yes, the text was Beardsley's Aesthetics, and my now well-worn copy is complete with my original revealing and indelible underlines that remind me of my naiveté. I recall being immediately struck by the book's epigraph—a quotation from David Hume: "I am uneasy to think I approve of one object, and disapprove of another; call one thing beautiful, and another deform'd; decide concerning truth and falsehood, reason and folly, without knowing upon what principles I proceed." This encouraged me to think that this book and course would teach me the principles that underlay my unreasoned critical comparative evaluations of poems, films, and other works of art. Was this false optimism? After glancing at the table of contents, I quickly turned to chapter 10, "Critical Evaluation," where I read on page 454: "The problems to which we now come have been put off as long as possible in the hope that a circumspect approach would make them more vulnerable." I wasn't quite sure what that meant ("vulnerable" to what?), but it seemed to imply that it was necessary to start at the beginning of the book.1 So I did just that. To my delight, almost immediately, on page 3, Beardsley provided his definition of "aesthetics," saying: "[A]esthetics consists of those principles that are required for clarifying and confirming critical statements. It can be thought of, then, as the philosophy of criticism, or metacriticism" (3-4; emphasis in the original). Unless by "critical statement" Beardsley meant judgments of beauty, this didn't really correspond with either Webster's definition or the course description of aesthetics. Beardsley's concept of a critical statement was much broader than that in common use today, and it reflected the attitude of the founders of the American Society for Aesthetics, who named their journal the Journal of Aesthetics and Art Criticism (JAAC). Beardsley said he would be "using the term 'critical statement,' very broadly, to refer to any statement about a work of art" (3) and that a critical statement "need not be a value judgment at... (shrink)

The project of neuroaesthetics could be interpreted as an attempt to identify a ?neural essence? of art, i.e., a set of necessary and sufficient conditions formulated in the language of neuroscience, which define the concept art . Some proposals developed within this field can be read in this way. I shall argue that such attempts do not succeed in individuating a neural definition of art. Of course, the fact that the proposals available for defining art in neural (...) terms do not work does not mean that such an enterprise is in principle doomed to failure. However, I maintain that there are good reasons to suspect that in general such a definition cannot be worked out. This does not mean, though, that the study of neural correlates in artwork production and fruition is a senseless project. Neuroaesthetics could succeed in individuating widespread mechanisms common to different forms of art coming from remote cultural contexts, which presumably rely on aspects of our mind and/or brain's functioning that are innate and biologically determined, thus contrasting the idea that artistic phenomena are entirely dependent on cultural factors. (shrink)

Whenever we make a claim about a fictional entity, we seem to embroil ourselves in familiar problems of reference. This appearance is misleading, because what a sentence is about bears a greater resemblance to a Fregean sense than to a reference. All previous attempts to define 'about' consist of two approaches: "metalinguistic" theories of 'about', proposed by Ryle and Carnap, which fail to counterexamples wherein transparent contexts generate paradoxical consequences; and "semantic" theories of 'about' proposed by Putnam and by Goodman, (...) which fail to counterexamples wherein no term refers to that which the sentence is about. ;An untried alternative is to replace 'S is about k ' with 'S is about k for person p '. Clearly, such a definition need not confine itself to sentences, but may apply to works of art as well. A detailed examination of how one actually goes about arguing to an audience that some work of art W is about some topic, yields a definition that approximates normal usage, yet avoids many problematic notions, such as 'beliefs', 'ideas', and 'intentional states'. Necessary and sufficient truth conditions for 'W is about k for p at time T' turn out to include as major elements a causal chain leading from W to a set of "explicit thoughts" and dispositions, and the lack of an "aesthetic environment" which excludes W. (shrink)

To propose a revisionist ontology of art one has to hold that our everyday intuitions about the identity and persistence conditions of various kinds of artworks can be massively mistaken. In my presentation I defend this view: our everyday intuitions about the nature of art can be (and sometimes are) mistaken. First I reconstruct an influential argument of Amie L. Thomasson (2004; 2005; 2006; 2007a; 2007b) against the fallibility of our intuitive judgments about the identity and persistence conditions of various (...) kinds of artworks. Second, I present three objections to this account: two of them concern the semantic and pragmatic rules regulating the use of art-kind terms, while the third one is based on the assumption that the history of art partly comprises a series of successful attempts of transgression of artistic conventions and expectations, therefore our artistic intuitions are dynamic. Taking this point I finally argue that in philosophy of art we need a “reverse” methodology: first we have to provide a general definition, containing all the sufficient and necessary conditions of artworks (“being an artwork”) in any period within the history of art. Only after completing this task are we ready to answer the metaphysical question about the ontological status of works of art. (shrink)

This engaging work presents a persuasive argument for placing a morally populist and somatic pragmatism at the center, not only of aesthetics and art, but also of what the author calls "the aesthetic life." In the opening chapter the author begins by situating pragmatist aesthetics in its philosophical context, chiefly through a contrast with analytic aesthetics. Casting the contrast as a renewal of the quarrel between Kantians and Hegelians, the author elaborates the fundamental opposition of analytic aesthetics to Dewey's naturalistic, (...) instrumental, and self-consciously evaluational view of aesthetics, his emphasis on the centrality of art and its profound continuity with science and life in all the historico-political and socio-economic richness of the latter, his refusal to countenance an undemocratic distinction between high and low art, and finally, his insistence on privileging the aesthetic experience over the material object identified as the work of art. The contrast is deepened in the second chapter as the author argues that the currently regnant and supposedly neutral definition of art as a distinct historical practice collapses into art history, naively leaving the question of value to the inner arbitration of the art world and thereby iterating the forced separation of practice and aesthetic experience. Though the author contends that pragmatist aesthetics overcomes these shortcomings, he acknowledges that the reconstructive definition of art as experience, at least as Dewey formulates it, seems "obscurely elusive" and its revisionary aims "too quixotically ambitious". The author attempts to counter these objections by stressing that the definition is meant, not to provide criteria for judgment and not to effect a sweeping reclassification of art, but to enhance and expedite experience. In this respect, however, the author emphasizes how his project "differs from its Deweyan source". Instead of trying to effect a change through a global redefinition of art, his aim is "to make a more specific case for widening art's borders to forms of popular culture and to the ethical art of fashioning one's life". The second chapter concludes with an effective rebuttal of the challenge that theory in general, including that of a nonfoundationalist pragmatist aesthetics, is impotent and impossible. (shrink)

Several philosophical problems concerning the object of criticism in dance are identified and analyzed as preliminary to an eventual theory of evaluation of dance. Basic to philosophical adequacy is understanding the artform as it is actually practiced and appreciated, recognizing its complexity as a performing artform using unique human bodies as instruments. ;Definitions of "dance" proposed by philosophers, dance historians, and others are inadequate to specify necessary and sufficient conditions of dance, to distinguish dance from other human non-art (...) phenomena, and to distinguish dance from other artforms. Definitions can be adequate for a specific purpose, using descriptive characteristics and standards for evaluation and appreciation by an audience. ;The ontological status of dance is best understood as consisting of the primary media of movement by human bodies and music and secondary media of the visual dimensions of costumes, scenery, and lighting. Improved understanding of the artform is possible with this more comprehenive recognition of its complex multi-media status, as shown in an analysis of "appropriateness" of the various media, a typical criterion for evaluation. ;The identity of a work of art in dance can be established using a notational system in conjunction with a standard for acceptable compliance with that notation. "Substantial similarity," as determined by lay observers, the test for copyright infringement, provides a useful standard for dance. Other theories have required too much of an identity standard; its purpose is to identify a particular performance as one of a certain work, not to teach dancers to perform the work, nor to enable directors to produce it, nor to provide standards for a good performance of the work. ;A necessary condition of the proper object of criticism is perceivability. The considerable interest in the dance world in production and other factors not perceivable on stage during performance is best understood as a interest in the on-going skills of artists, as opposed to the evaluation of an aesthetic object. (shrink)

_The Arts and the Definition of the Human_ introduces a novel theory that our selves—our thoughts, perceptions, creativity, and other qualities that make us human—are determined by our place in history, and more particularly by our culture and language. Margolis rejects the idea that any concepts or truths remain fixed and objective through the flow of history and reveals that this theory of the human being as culturally determined and changing is necessary to make sense of art. He (...) shows that a painting, sculpture, or poem cannot have a single correct interpretation because our creation and perception of art will always be mitigated by our historical and cultural contexts. Calling upon philosophers ranging from Parmenides and Plato to Kant, Hegel, and Wittgenstein, art historians from Damisch to Elkins, artists from Van Eyck to Michelangelo to Wordsworth to Duchamp, Margolis creates a philosophy of art interwoven with his philosophical anthropology which pointedly challenges prevailing views of the fine arts and the nature of personhood. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Levinas on Art and AestheticismGetting “Reality and Its Shadow” RightRichard A. Cohen (bio)1. The Standard Misreading of Levinas on Arta. IntroductionMuch has been written in the secondary literature about Levinas and art and about Levinas and literature more specifically. In addition to Maurice Blanchot’s observations in The Writing of the Disaster, which is more a primary text than a secondary source, two exceptional studies — well-written, insightful, nuanced, erudite (...) — in English on Levinas and literature are Robert Eaglestone’s book of 1997 entitled Ethical Criticism: Reading after Levinas and Jill Robbins’s 1999 book entitled Altered Reading: Levinas and Literature.1 No doubt there are other fine studies, but these two will be sufficient for our purposes. They are scholarly in the best sense, effecting to understand Levinas first of all, hence hermeneutically sympathetic, and at the same time taking critical distances, articulating reservations, basically unconvinced by Levinas’s claims. Unfortunately, given all their considerable virtues, these books are also hampered by a serious flaw, one that unhappily appears in all too much of the secondary literature on Levinas and art. [End Page 149] Despite their good will and intelligence, both books fundamentally misunderstand the relation of Levinas’s thought on and to art, and thus also his relation to literature more specifically, because they misconstrue the nature and the status of Levinas’s account of art within his philosophy. Surely this is serious and unfortunate. One aim of the present essay is to expose this flaw, despite its pervasiveness and entrenchment. Another aim, more positive and ultimately the means by which to accomplish the first, is to present a faithful account of what Levinas really has to say about art.Counter to the misgivings leveled against Levinas in the above two books, not to mention the many commentaries that repeat more or less the same things, the present article proposes two theses in his defense. To the charge that Levinas has misrepresented art, my first claim is that Levinas does not misrepresent art and, indeed, that he has a fine sense of it. To the charge that Levinas is hostile to art, my second claim is that Levinas is not at all hostile to art, one sign of which — noticed by both critics — is the literary and aesthetic references that abound in his own writings. That is to say, contrary to his critics, Levinas grasps quite well the nature and the value of art. His own literary practices, found throughout his own writings, some of them quite obvious, such as exegeses of Shakespeare and repeated citations taken from Dostoevsky and Grossman, not to mention a wealth of other references and allusions to artists and writers, and, of course, including explicit comments and discussions about art, all these are consistent with and help underwrite my larger claim that Levinas understands and values art and, indeed, that he understands it very well and values it highly.To be sure, and no one can mistake this, Levinas’s philosophy is ultimately an ethics and not an aesthetics. The ultimum verbum belongs not to aesthetics but to moral responsibility and the quest for justice. It is here, for those who would make aesthetics ultimate, that the rub lies, here that we find the spur and speculum for their distortion and darkening of Levinas on art. All the more necessary, then, are the two sides of the present essay: to understand properly what Levinas is saying by means of a careful reading of his one article devoted entirely to [End Page 150] art, “Reality and Its Shadow,” to discern in as unprejudiced a fashion as possible what Levinas actually has to say about art and its value, and by so proceeding to unmask the inadequacies of Levinas’s aesthetic critics. Getting Levinas right certainly does not foreclose criticism, by any means. It is, nevertheless, the first step to serious criticism or to acceptance. Getting him wrong, however, goes nowhere at all, because it has not even begun.Inasmuch as their mishandling of Levinas is in an important sense basically the same, in the following I treat Robbins’s Altered Reading and Eaglestone’s... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Levinas on Art and AestheticismGetting “Reality and Its Shadow” RightRichard A. Cohen (bio)1. The Standard Misreading of Levinas on Arta. IntroductionMuch has been written in the secondary literature about Levinas and art and about Levinas and literature more specifically. In addition to Maurice Blanchot’s observations in The Writing of the Disaster, which is more a primary text than a secondary source, two exceptional studies — well-written, insightful, nuanced, erudite (...) — in English on Levinas and literature are Robert Eaglestone’s book of 1997 entitled Ethical Criticism: Reading after Levinas and Jill Robbins’s 1999 book entitled Altered Reading: Levinas and Literature.1 No doubt there are other fine studies, but these two will be sufficient for our purposes. They are scholarly in the best sense, effecting to understand Levinas first of all, hence hermeneutically sympathetic, and at the same time taking critical distances, articulating reservations, basically unconvinced by Levinas’s claims. Unfortunately, given all their considerable virtues, these books are also hampered by a serious flaw, one that unhappily appears in all too much of the secondary literature on Levinas and art. [End Page 149] Despite their good will and intelligence, both books fundamentally misunderstand the relation of Levinas’s thought on and to art, and thus also his relation to literature more specifically, because they misconstrue the nature and the status of Levinas’s account of art within his philosophy. Surely this is serious and unfortunate. One aim of the present essay is to expose this flaw, despite its pervasiveness and entrenchment. Another aim, more positive and ultimately the means by which to accomplish the first, is to present a faithful account of what Levinas really has to say about art.Counter to the misgivings leveled against Levinas in the above two books, not to mention the many commentaries that repeat more or less the same things, the present article proposes two theses in his defense. To the charge that Levinas has misrepresented art, my first claim is that Levinas does not misrepresent art and, indeed, that he has a fine sense of it. To the charge that Levinas is hostile to art, my second claim is that Levinas is not at all hostile to art, one sign of which — noticed by both critics — is the literary and aesthetic references that abound in his own writings. That is to say, contrary to his critics, Levinas grasps quite well the nature and the value of art. His own literary practices, found throughout his own writings, some of them quite obvious, such as exegeses of Shakespeare and repeated citations taken from Dostoevsky and Grossman, not to mention a wealth of other references and allusions to artists and writers, and, of course, including explicit comments and discussions about art, all these are consistent with and help underwrite my larger claim that Levinas understands and values art and, indeed, that he understands it very well and values it highly.To be sure, and no one can mistake this, Levinas’s philosophy is ultimately an ethics and not an aesthetics. The ultimum verbum belongs not to aesthetics but to moral responsibility and the quest for justice. It is here, for those who would make aesthetics ultimate, that the rub lies, here that we find the spur and speculum for their distortion and darkening of Levinas on art. All the more necessary, then, are the two sides of the present essay: to understand properly what Levinas is saying by means of a careful reading of his one article devoted entirely to [End Page 150] art, “Reality and Its Shadow,” to discern in as unprejudiced a fashion as possible what Levinas actually has to say about art and its value, and by so proceeding to unmask the inadequacies of Levinas’s aesthetic critics. Getting Levinas right certainly does not foreclose criticism, by any means. It is, nevertheless, the first step to serious criticism or to acceptance. Getting him wrong, however, goes nowhere at all, because it has not even begun.Inasmuch as their mishandling of Levinas is in an important sense basically the same, in the following I treat Robbins’s Altered Reading and Eaglestone’s... (shrink)

Aesthetic definitions of art face difficulties in dealing with art that is nonaesthetic. This has led some to suggest that if aesthetic theories of art are to apply to all art, then they must be disjunctive. In such a case, something would be art if and only if it either satisfied certain aesthetic criteria, or satisfied other, nonaesthetic, criteria.Nick Zangwill offers the Aesthetic Creation Theory. He considers ways that his theory could account for nonaesthetic art, and ultimately adopts a disjunctive (...) theory that makes use of the notion of second-order art—art that gains art status by referring to first-order art that satisfies the Aesthetic Creation Theory’s conditions.I will examine Zangwill’s theory and his response to the problem of nonaesthetic art with the aim of showing that the idea of second-order art may be unnecessary. There is hope for a non-disjunctive account of the nature of art, I claim, if we reconsider the attempts to deal with nonaesthetic art that Zangwill himself rejects. (shrink)

What is the folk concept of art? Does it track any of the major definitions of art philosophers have proposed? In two preregistered experiments (N=888) focusing on two types of artworks (paintings and musical works), we manipulate three potential features of artworks: intentional creation, the possession of aesthetic value, and institutional recognition. This allows us to investigate whether the folk concept of art fits an essentialist definition drawing on one or more of the manipulated factors, or whether it might (...) be a disjunctive or cluster concept. The results suggest that none of the three manipulated properties are necessary for an object to be art, though some, even by themselves, suffice. The folk concept of art might thus well be a cluster concept instead of an essentialist concept. (shrink)

This collection of essays explores the rise of aesthetics as a response to, and as a part of, the reshaping of the arts in modern society. The theories of art developed under the name of 'aesthetics' in the eighteenth century have traditionally been understood as contributions to a field of study in existence since the time of Plato. If art is a practice to be found in all human societies, then the philosophy of art is the search for universal features (...) of that practice, which can be stated in definitions of art and beauty. However, art as we know it - the system of 'fine arts' - is largely peculiar to modern society. Aesthetics, far from being a perennial discipline, emerged in an effort both to understand and to shape this new social practice. These essays share the conviction that aesthetic ideas can be fully understood when seen not only in relation to intellectual and social contexts, but as themselves constructed in history. (shrink)

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

Philosophical aesthetics has recently been expanding its purview—with exciting work on everyday aesthetics, somaesthetics, gustatory aesthetics, and the aesthetics of imperceptibilia like mathematics and human character—reclaiming territory that was lost during the nineteenth and twentieth centuries, when the discipline begun concentrating almost exclusively on the philosophy of art and restricted the aesthetic realm to the distally perceptible. Yet there remains considerable reluctance towards acknowledging the aesthetic character of many of these objects. This raises an important question—partly made salient again by (...) the ongoing expansion of the aesthetic domain, and partly by the fact that many still seem resistant to this aesthetic diversification—which aestheticians seem to avoid: what, if anything, constrains the scope of beauty or the aesthetic? I argue that form, construed as comprising a degree, however minimal, of experienceable complexity, is necessary and sufficient for an object's candidature for the possession of aesthetic properties. Such a condition serves to discriminate between attempts to expand the scope of the aesthetic that are legitimate and those that are not. If correct, my view suggests that the aesthetic realm, though not limitless, is very broad indeed—but this, I think, is as it should be. (shrink)

his essay explores the universal nature of aesthetic, creative, and mystical experience, tracing some essential interrelations among the three. Enlarging upon the work of anthropologist Jacques Maquet, I speculate that “sensory fixedness” is both necessary and sufficient to achieve aesthetic experience, and that the unification of mind engendered by sensory fixedness is the essential source of aesthetic power. Therefore, the role of the aesthetic object (construed broadly) is either as an arbitrary sensory focusing mechanism, or as the physical (...) embodiment of a gestalt facilitating fixedness; the first category is merely attractive, while the second contains all that is truly great in art (visual and auditory). I suggest further that as both creative inspiration and mystical experience result from fixedness, both are related to aesthetic experience. However, while aesthetic experience is rooted in sensation, mystical and creative experience, though often prepared by sensory fixedness, may transcend the sensory domain altogether toward more abstract forms of mental fixedness. (shrink)

The chief purpose of Peter Kivy’s latest book, which is written in his familiar civilised, leisurely manner, is to recommend to philosophers of art the pursuit of differences—the looking for differences—amongst the fine arts. This recommendation is not advanced in virtue of scepticism about the possibility of a unitary theory of the various art forms or conviction of the impossibility of a definition of the concept of fine art or a denial that the achievement of such a (...) definition would be of any real importance. Rather, Kivy argues that the pursuit of sameness across the arts has led time and time again to a misrepresentation of the nature of one or more of the arts through their assimilation to a supposed paradigmatic art form or the imposition on them of a favoured conception of the essence of art. Accordingly, the first chapter of the book sketches the history of aesthetic theory from the eighteenth to the first part of the twentieth century and represents it as dominated by the attempt to fit the recalcitrant art of absolute music into what was taken to be the essential nature of art or to replace this conception by one appropriate to music, neither attempt being successful. And the second chapter brings us up to the present through a critical examination of the Wittgensteinian repudiation of the traditional task of defining art—very familiar territory—and Arthur Danto’s continuation of the traditional task but with a radical change in the idea of the kind of property that binds the arts together. Kivy’s claim is not just that the pursuit of sameness has had deleterious effects in the past but that at the present time the task of defining the idea of a work of art still dominates discussion and “discourage[s] philosophers from the equally interesting task of studying the arts in their particularity”. The remaining five chapters of his book are case studies intended to act as an antidote to the obsession with the pursuit of sameness. (shrink)