Prominent thinkers such as Kripke and Rescher hold that Russell has no modal logic, even that Russell was indisposed toward modal logic. In Part I, I show that Russell had a modal logic which he repeatedly described and that Russell repeatedly endorsed Leibniz's multiplicity of possible worlds. In Part II, I describe Russell's theory as having three ontological levels. In Part III, I describe six Parmenidean theories of being Russell held, including: literal in 1903; universal in 1912; timeless in (...) 1914; transcendental in 1918–1948. The transcendental theory underlies the primary level of Russell's modal logic. In Part IV, I examine Rescher's view that Russell and modal logic did not mix. (shrink)

This extensive collection develops the philosophical content of sections from the previously published The Structure of the Mind . Dr. Belfiore begins from the basic ontological conception that considers the human 'mind' or 'spirit' as an evolving, conscious triad composed of intellect, sensitivity, and power, each exerting a selfish or moral activity. Through this approach the author develops new concepts about ethics, political philosophy, and the philosophy of law. Dr. Belfiore poses these and other concepts under the opinion that (...) issues concerning human beings can only be discussed by referring to what humans are as ontological entities. Thus, the notions of good and norms of morality, law, and society are derived from the structure and function of the mind. It follows that the solutions Dr. Belfiore presents are the results of a discovery and not the consequence of a conscious choice. Otherwise stated, ethics, politics, and law are given an ontological foundation. For each topic considered, Dr. Belfiore shows how his thought can reinterpret the views of other philosophers. The result of this is an innovative and highly stimulating text, which is of interest to graduate students and scholars in the philosophical branches of ethics, politics, and law. (shrink)

In this revised edition, Belfiore adds new concepts and discusses the views of additional thinkers. He gives an ontological foundation to ethics, politics, and law and shows how his thought can reinterpret the views of other philosophers regarding these topics.

It is widely recognized that accurately identifying and classifying competitors is a challenge for many companies and entrepreneurs. Nonetheless, it is a paramount activity which provide valuable insights that affect a wide range of strategic decisions. One of the main challenges in competitor identification lies in the complex nature of the competitive relationships that arise in business envi- ronments. These have been extensively investigate over the years, which lead to a plethora of competition theories and frameworks. Still, the concept of (...) competition remains conceptually complex, as none of these approaches properly formalized their assumptions. In this paper, we address this issue by means of an ontological analysis on the notion of competition in general, and of business competition, in particular, leveraging theories from various fields, including Marketing, Strategic Management, Ecology, Psychology and Cognitive Sciences. Our analysis, the first of its kind in the literature, is grounded on the Unified Foundational Ontology (UFO) and allows us to formally characterize why competition arises, as well as to distinguish between three types of business competitive relationships, namely market-level, firm-level and potential competition. (shrink)

We propose as a UCGIS research priority the topic of “Ontological Foundations for Geographic Information.” Under this umbrella we unify several interrelated research subfields, each of which deals with different perspectives on geospatial ontologies and their roles in geographic information science. While each of these subfields could be addressed separately, we believe it is important to address ontological research in a unitary, systematic fashion, embracing conceptual issues concerning what would be required to establish an exhaustive ontology of the (...) geospatial domain, issues relating to the choice of appropriate methods for formalizing ontologies, and considerations regarding the design of ontology-driven information systems. This integrated approach is necessary, because there is a strong dependency between the methods used to specify an ontology, and the conceptual richness, robustness and tractability of the ontology itself. Likewise, information system implementations are needed as testbeds of the usefulness of every aspect of an exhaustive ontology of the geospatial domain. None of the current UCGIS research priorities provides such an integrative perspective, and therefore the topic of “Ontological Foundations for Geographic Information Science” is unique. (shrink)

Ontology as a branch of philosophy is the science of what is, of the kinds and structures of objects, properties, events, processes and relations in every area of reality. ‘Ontology’ is often used by philosophers as a synonym for ‘metaphysics’ (literally: ‘what comes after the Physics’), a term which was used by early students of Aristotle to refer to what Aristotle himself called ‘first philosophy’. The term ‘ontology’ (or ontologia) was itself coined in 1613, independently, by two philosophers, Rudolf Göckel (...) (Goclenius), in his Lexicon philosophicum and Jacob Lorhard (Lorhardus), in his Theatrum philosophicum. The first occurrence in English recorded by the OED appears in Bailey’s dictionary of 1721, which defines ontology as ‘an Account of being in the Abstract’. (shrink)

The object of the study is the culture of digital society, the subject is the ontological foundations of culture. The aim of the research is to reveal the ontological problems of cyberculture, which becomes the basis for a digital society with a virtual nature. In the modern world, the impact of digital technologies on human life has acquired an irreversible scale. The changes affected not only socio-economic relations, but also affected the sphere of personal relationships, information perception and (...) cognitive processes of the individual. People are spending more and more time on the Internet, using social networks, using applications. We can talk about a new stage in the development of human civilization, the culture of which has its own special features. In this study, the culture of digital society is considered from a philosophical and ontological point of view. The novelty of the research lies in the fact that cyberculture is in the stage of its formation. Digital society is changing, Internet technologies are developing, new applications are appearing. All these processes require philosophical reflection and scientific analysis. A special contribution of the author to the study of the phenomenon of cyberculture and the ontologization of the culture of digital society, which has its own distinctive features, namely crisis, virtuality, technology. The main conclusions of the study are that cyberculture, the culture of communities based on the use of advanced information technologies, is postmodern in nature. The further development of digital technologies gives a chance to a person to overcome the limitations of the individual nature of the personality, but at the same time there is a great danger of losing generic features and ceasing to be a person in the classical sense. (shrink)

The paper presents, firstly, a brief review of the long history\nof information ethics beginning with the Greek concept of parrhesia\nor freedom of speech as analyzed by Michel Foucault. The recent concept\nof information ethics is related particularly to problems which arose\nin the last century with the development of computer technology and\nthe internet. A broader concept of information ethics as dealing\nwith the digital reconstruction of all possible phenomena leads to\nquestions relating to digital ontology. Following Heidegger{\textquoteright}s\nconception of the relation between ontology and metaphysics, (...) the\nauthor argues that ontology has to do with Being itself and not just\nwith the Being of beings which is the matter of metaphysics. The\nprimary aim of an ontological foundation of information ethics is\nto question the metaphysical ambitions of digital ontology understood\nas today{\textquoteright}s pervading understanding of Being. The\nauthor analyzes some challenges of digital technology, particularly\nwith regard to the moral status of digital agents. The author argues\nthat information ethics does not only deal with ethical questions\nrelating to the infosphere. This view is contrasted with arguments\npresented by Luciano Floridi on the foundation of information ethics\nas well as on the moral status of digital agents. It is argued that\na reductionist view of the human body as digital data overlooks the\nlimits of digital ontology and gives up one basis for ethical orientation.\nFinally issues related to the digital divide as well as to intercultural\naspects of information ethics are explored {\textendash} and long\nand short-term agendas for appropriate responses are presented. (shrink)

In this paper, we describe causal powers realism as a conjunction of four claims: causal powers are not reducible to counterfactuals; they are empirically-discoverable; they manifest effects in conjunction with partners; and their manifestations empower further manifestations. We describe four challenges to extended mind theory and for each show how an ontology of causal powers realism either avoids or dissolves the problem. We close by suggesting that causal powers realism isn’t a competitor with extended mind theory but rather a new (...) way to understand what it means for minds to be extended. (shrink)

In recent years, William Lane Craig has vigorously championed a moral argument for God's existence. The backbone of Craig's argument is the claim that only God can provide a ' sound foundation in reality' for morality. The present article has three principal aims. The first is to interpret and clarify the account of the ontological foundation of morality proposed by Craig. The second is to press home an important objection to that account. The third is to expose (...) the weakness of Craig's case for saying that without God morality would be groundless and illusory. (shrink)

In recent decades, the internet has become our predominant public space and yet the role of art in this space remains largely unthought. This paper argues that graphic art, and in particular digital graphic art, has great power to shape and transform our thinking and experience. But with that power comes an enormous political and ethical responsibility, a responsibility too often ignored by programmers and computer scientists. This paper uses the work of Denis Schmidt and Jacques Taminiaux as important resources (...) for developing a Heideggerian response to this lack. (shrink)

The article introduces and defends Aristotelian ontological theory of the possible as that which a power is capable of bringing about. It regards this conception to be a sort of middle way between Platonic explanation based on abstracta on one hand and the possibilist theory ultimately making everything possible into actual on the other. The doctrine defended leads to the conception of necessary being. Combined with other assumptions concerning this being, there arise some interesting issues and apparent tensions to (...) be resolved. The article outlines some of the discussions related to these problems in medieval and early modern Scholasticism. (shrink)

Most philosophical accounts of the foundations of economics have assumed that economics is intended to be an empirical science concerned with human behaviour, though they have, of course, differed over the extent to which it has been or can be successful as such an enterprise. A prominent source of dissent against this consensus is Alexander Rosenberg. In his recent book, Rosenberg summarizes and completes his statement of a position that he has been developing for some time. He argues that although (...) economists evaluate one another's work according to shared and rigorous standards of adequacy, these standards are strictly internal, like those of mathematics, instead of being derived from discoveries about contingent relationships between theoretical statements and empirical facts. Economics, that is to say, is essentially conceptual rather than empirical inquiry. In the following discussion, I will provide grounds for resisting Rosenberg's conclusion. The point of this criticism, however, is not mainly negative. Most of the historical preoccupations of the philosophy of economics, like those of the philosophy of science in general, have been epistemological. Careful attention to Rosenberg's argument, however, redirects our attention to ontological questions about the objects of economics, and this redirection, I will maintain, is to be welcomed. I will argue that while the majority of philosophers of economics is correct, as against Rosenberg, in regarding economics as an empirical science, the conventional view as to the identity of its empirical objects should be substantially revised under the pressure of Rosenberg's criticisms. My critical analysis of the implications of Rosenberg's work for the ontological commitments of economics is intended to furnish one line of argument towards my own conception of the objects of economics. This conception, which is still preliminary in many respects, will be briefly sketched toward the end of the present paper; a detailed account of it is given in Ross and LaCasse. (shrink)

I argue that appreciation of the phenomenon of forgetting requires serious attention to its origins and place in nature. This, in turn, necessitates metaphysical inquiry as well as empirical backing – a combination likely to be eschewed by psychological orthodoxy. But, if we hope to avoid the conceptual vacuity that characterizes too much of contemporary psychological inquiry (e.g., Klein, 2012, 2014a, 2015a, 2016a), a “big picture” approach to phenomena of interest is essential. Adopting this investigative posture turns the “received view” (...) of the relation between remembering and forgetting on its head: Rather than treated as the result of breakdowns and limitations of biologically engineered systems of remembering, forgetting is accorded elevated status as the driving force behind the evolution of organic systems of information retention. (shrink)

Most philosophical accounts of the foundations of economics have assumed that economics is intended to be an empirical science concerned with human behaviour, though they have, of course, differed over the extent to which it has been or can be successful as such an enterprise. A prominent source of dissent against this consensus is Alexander Rosenberg. In his recent book, Rosenberg summarizes and completes his statement of a position that he has been developing for some time. He argues that although (...) economists evaluate one another's work according to shared and rigorous standards of adequacy, these standards are strictly internal, like those of mathematics, instead of being derived from discoveries about contingent relationships between theoretical statements and empirical facts. Economics, that is to say, is essentially conceptual rather than empirical inquiry. In the following discussion, I will provide grounds for resisting Rosenberg's conclusion. The point of this criticism, however, is not mainly negative. Most of the historical preoccupations of the philosophy of economics, like those of the philosophy of science in general, have been epistemological. Careful attention to Rosenberg's argument, however, redirects our attention to ontological questions about the objects of economics, and this redirection, I will maintain, is to be welcomed. I will argue that while the majority of philosophers of economics is correct, as against Rosenberg, in regarding economics as an empirical science, the conventional view as to the identity of its empirical objects should be substantially revised under the pressure of Rosenberg's criticisms. My critical analysis of the implications of Rosenberg's work for the ontological commitments of economics is intended to furnish one line of argument towards my own conception of the objects of economics. This conception, which is still preliminary in many respects, will be briefly sketched toward the end of the present paper; a detailed account of it is given in Ross and LaCasse. (shrink)

The paper seeks to apply the work of the Polish phenomenologist Roman Ingarden to certain problems in literary theory; contrasts the notions of ontological and epistemological incompleteness of the represented objects of a literary work and considers the question of the nature of such objects. The paper concludes by analyzing some of the degrees of freedom possessed by the readings of literary work in relation to the work itself.

This paper responds to an article by Kevin Thompson (in the same volume) which argued that a systematic reading of the _Philosophy of Right requires that it be ontologically grounded. In response I argue that such an approach to the _Philosophy of Right is essentially based on a precritical metaphysics which Hegel could not support and that his "Logic" excludes as a viable interpretation of his thought.

This article studies the phenomenon of overcoming and provides a rationale of the understanding of the totality of human experience that integrates the situation of overcoming as that of the transcendence of human existence. As the basis of the research we use an integrated model of archaic cultural overcoming of the life–death dichotomy—a metaphysics of overcoming. A result of this metaphysics is a specific dialectical ontology of myth, represented as an ontology of return. Manifestationism, holism, alogism, metamorphism, animism, cyclism, and (...) sacralism are the general principles of this ontology. Return ontologies are in conflict with the ontology and metaphysics of the finite present in the religious and scientific worldviews. The author sees the prospects for a further study of the phenomenon of overcoming in using the subjective energistic approach that leads to understanding the phenomenon of overcoming at the biosocial level. The results of the research can be used as a philosophical basis for the development of an archaeological activity theory, in particular, a unified integrated approach to the ancient burial ritualism. They also allow to deepen the theoretical concepts of man, society, and culture. (shrink)

This paper addresses the generally neglected topic of Vandana Shiva’s ontology. It is argued that there is a significant ontological component to Shiva’s ecofeminist philosophy and that this ontology underpins her ecological and feminist views. Shiva’s ontology provides a standpoint from which she can critique dichotomous ontologies of domination and oppression, and from which she can identify life-sustaining modes of existence. It is argued that this ontology is implicit in most of her works and is best grasped through the (...) analysis of her critique of Western scientific metaphysics. It is further argued that this implied ontology is a continuation of the Hindu-ecofeminist ontology of Prakriti explicitly set forth in Shiva’s Staying Alive (1989). Both forms of Shiva’s ontology, the explicit and the implicit, will be reconstructed and their points of continuity detailed. (shrink)

Arthur Kaufmann is one of the most prominent figures among the contemporary philosophers of law in German speaking countries. For many years he was a director of the Institute of Philosophy of Law and Computer Sciences for Law at the University in Munich. Presently, he is a retired professor of this university. Rare in the contemporary legal thought, Arthur Kaufmann's philosophy of law is one with the highest ambitions — it aspires to pinpoint the ultimate foundations of law by explicitly (...) proposing an ontology, a general theory of knowledge and concept of a person. Kaufmann's work derives, first of all, from the thinking of Gustav Radburch, his teacher, and then from ideas of Karl Engish and Hans-Georg Gadamer. The philosophy undertakes to pursue the ultimate foundation of law, law which is understood by Kaufmann, first of all, as a "concrete judgement" that is, what is right in a concrete situation. Justice belongs to the essence of law and "unjust law" is contradictio in adiectio. Kaufmann opposes all those theories, which as the only foundation for establishing just law (Recht) adopt legal norms (Gesetz). In Kaufmann's opinion , such theories are powerless in the face of all types of distortions of law rendered by political forces. He suggests that the basic phenomenon which needs to be explained and which cannot be disregarded by a philosopher of law is so-called "legal lawlessness" ("Gestzliches Unrecht"). "Legal lawlessness" which forms a part of life experience for the people of twentieth century totalitarian states. It proved "with the accuracy of scientific experiment" that the reality of law consists of something more than bare conformity with legal norms. The existence of lex corrupta indicates that law contains something "non-dispositive" which requires acknowledgment of both law-maker and judge. Kaufmann, accepting the convergent concept of truth and cognition, assumes that "non-dispositive" content, emerging as the conformity of a number of cognitive acts of different subjects (inter-subjective communicativeness and verifiability), indicates the presence of being in this cognition. The questions "What is law?" and "What are the principles of a just solution?" lead straight to the ontology of law, to the question about the ontological foundations of law. Kaufmann discerns the ontological foundations of law in the specifically understood "nature of things" and, ultimately, in a "person". He proposes a procedural theory of justice, founded on a "person". In my work, I undertake to reconstruct the train of thought which led Kaufmann to the recognition of a "person" as the ontological foundation of law. In the first part, the conception of philosophy adopted by Kaufmann, initial characteristics of law — of reality which is the subject of analysis, as well as, the requirements for proper philosophical explanation of law posed by Kaufmann are introduced. In the second, Kaufmann's reconstruction of the process of the realisation of law is presented. Next, the conception of analogy which Kaufmann uses when explaining law is analyzed. In the fourth part, Kaufmann's conception of ontological foundations of law is discussed. A critical analysis is carried out in which I demonstrate that the theory of the ontological foundation of law proposed by Kaufmann and the concept of a person included in it do not allow a satisfac¬tory explanation of the phenomenon of "legal lawlessness" and lead to a number of difficulties in the philosophical explanation of law. Finally, the perspectives of a proper formulation of the issue of the ontological foundations of law are drafted in the context of the analyzed theory. My interest is centered on the conception of philosophy adopted by Kaufmann, according to which the existence of the reality is inferred on the basis of a certain configuration of the content of consciousness, whereas at the point of departure of philosophy of law, the data to be explained is a certain process, which is, basically, a process of cognition, while the reality appears only as a condition for the possibility of the occurrence of the process. I wish to argue that the difficulties which appear in the explanation of law are a consequence of the assumed fundamental philosophical solu¬tions, which seem to be characteristic, though usually not assumed explicitly, in philoso¬phy and theory of law dominant at present in continental Europe. Thereby, I wish to show the significance of ontological and epistemological solutions to the possibility of a proper formulation of the problems posed by philosophy and theory of law. Kaufmann proclaims himself in favour of a philosophy which poses questions about the ultimate foundations of understanding of the reality. In epistemology, he assumes that answers to the questions "What is reality like?" and ultimately "What is real?" are inferred on the basis of uniformity of a cognitive acts of different subjects. Cognition of the reality is accomplished exclusively through the content of conceptual material. The two fundamental questions posed by philosophy of law are "What is just law?" and "How is the just law enacted?" The latter is a question about the process of achieving a solution to a concrete case. Since, in Kaufmann's opinion, law does not exist apart from the process of its realisation, an answer to the question about the manner of realisation of law is of fundamental significance to answering the question: "What is law?" and to the explanation of the question about the ontological grounding of law, which is, as well, the foundation of justice. The proper solution has to take into account the moment of "non-dispositive" content of law; its positiveness understood as the reality and, at the same time, it has to point to the principles of the historical transformation of the content. Law, in the primary meaning of the word, always pertains, in Kaufmann's opinion, to a concrete case. A legal norm is solely the "possibility" of law and the entirely real law is ipsa res iusta, that which is just in a given situation. Determination of what is just takes place in a certain type of process performed by a judge (or by man confronted with a choice). Kaufmann aims to reconstruct this process. A question about the ontological foundation of law is a question about the ontological foundations of this process. In the analyzed theory it is formulated as a question about the transcendental conditions, necessary for the possibility of the occurrence of the process: how the reality should be thought to make possible the reconstructed process of the realisation of law. Kaufmann rejects the model for finding a concrete solution based on simple subsump¬tion and proposes a model in which concrete law ensues, based on inference by analogy, through the process of "bringing to conformity" that which is normative with that which is factual. Kaufmann distinguishes three levels in the process of the realisation of law. On the highest level, there are the fundamental legal principles, on the second legal norms, on the third — concrete solutions. The fundamental principles of law are general inasmuch as they cannot be "applied" directly to concrete conditions of life, however, they play an important part in establishing norms. A judge encounters a concrete situation and a system of legal norms. A life situation and norms are situated on inherently different levels of factuality and normativeness. In order to acquire a definite law both a norm (system of norms) and a life situation (Lebenssachverhalt) should undergo a kind of "treatment" which would allow a mutual conformity to be brought to them. Legal norms and definite conditions of life come together in the process of analogical inference in which the "factual state" ("Tatbestand") — which represents a norm, and in the "state of things" ("Sachverhalt") — which represents a specific situation are constructed. A "factual state" is a sense interpreted from a norm with respect to specific conditions of life. The "state of things" is a sense constructed on the basis of concrete conditions of life with respect to norms (system of norms). Legal norms and concrete conditions of life meet in one common sense established during the process of realisation of law. Mutatis mutandis the same refers to the process of composition of legal norms: as the acquisition of concrete law consists in a mutual "synchronization" of norms and concrete conditions of life, so acquisition of legal norms consists of bringing to conformity fundamental principles and possible conditions of life. According to Kaufmann, both of these processes are based on inference through analogy. As this inference is the heart of these processes it is simultaneously a foundation finding just law and justice. How does Kaufmann understand such an inference? As the basis for all justice he assumes a specifically interpreted distributive justice grounded on proportionality. Equality of relations is required between life conditions and their normative qualification. Concrete conditions of life are ascribed normative qualification not through simple application of a general norm. More likely, when we look for a solution we go from one concrete normative qualified case to another, through already known "applications" of norms to a new "application". The relation between life conditions and their normative qualifica¬tion has to be proportional to other, earlier or possible (thought of) assignments of that which is factual to that which is normative. Law as a whole does not consist of a set of norms, but only of a unity of relations. Since law is a, based on proportion, relative unity of a norm and conditions of life, in order to explain law in philosophical manner, the question about ontological base of this unity has to be asked. What is it that makes the relation between a norm and conditions of life "non-dispositive"? What is the basis for such an interpretation of a norm and case which makes it possible to bring a norm and conditions of life into mutual "conformity"? This is a question about a third thing (next to norms and conditions of life), with respect to which the relative identity between a norm and conditions of life occurs, about the intermediary between that which is normative and that which is factual and which provides for the process of establishing of norms, as well as, finding solutions. It is the "sense" in which the idea of law or legal norm and conditions of life have to be identical to be brought to mutual "conformity". In Kaufmann's opinion such a sense is nothing else but the "nature of things" which determines the normative qualification of the reality. Since establishment of this "sense" appears to be "non-dispositive" and controlled inter-subjectively (namely, other subjects will reach a similar result) so, in conformity with the convergent concept of truth, the "nature of things" must be assigned a certain ontological status. According to Kaufmann this is a real relation which occurs between being and obligation, between the conditions of life and normative quality. However, it should be underlined that from the point of view of the analyzed system the "nature of things" is a correlate of constructed sense, a result of a construction which is based on the principle of consistent understanding of senses ("non-normative" and "normative") and is not a reality which is transcendent against the arrangement of senses. In Kaufmann's theory, inference from analogy appears to be a process of reshaping the concepts (senses) governed by tendency to understand the contents appearing in relations between that which is factual and that which is normative in a consistent way. The analogical structure of language (concepts) and recognition of being as composed of an essence and existence is an indispensable requirement for the possibility of the realisation of law, based on specifically understood inference from analogy. It is necessary to assume a moment of existence without content which ensures unity of cognition. Existence emerges thus as a condition of the possibility of cognition. According to Kaufmann, the "nature of things" is the heart of inference through analogy and the basis for establishment of finding of law. Inference from the "state of things" to a norm or from a norm to the "state of things" always means inference through the "nature of things". The "nature of things" is the proper medium of objective legal sense sought in every cognition of law. In Kaufmann's view, the question whether the "nature of things" is ultima ratio of interpretation of law or is only a means of supplement gaps in law or whether it is one of the sources of law, is posed wrongly. The "nature of things" serves neither to supplement the gaps nor is it a source of law as, for example, a legal norm may be. It is a certain kind of "catalyst" necessary in every act of making law and solving a concrete case. Owing to "nature of things" it is possible to bring to a mutual conformity the idea of law and possible conditions of life or legal norms and concrete conditions of life. In Kaufmann's conception the "nature of things" is not yet the ultimate basis for understanding the "non-dispositiveness" of law. The relation between obligation and being is determined in the process of the realisation of law. Both the process itself and that which is transformed in this process are given. A question about the ontological bases of "material" contents undergoing "treatment" in the process of the realisation of law and about being which is the basis of regularity of the occurrence of the process arises. Only this will allow an explanation that the result of the process is not optional. Thus, a question about reality to which law refers and about the subject realising the law has to be formed. To this, Kaufmann gives the following answer: that which is missing is man but not "empirical man" but man as a "person". A "person" understood as a set of relations between man and other people and things. A "person" is the intermediary between those things which are different — norm and case are brought to conformity. A "person" is that which is given and permanent in the process of the realisation of law. It determines the content of law, is "subject" of law; this aspect is described by Kaufmann as the "what" of the process of realisation of law. A "person" consists of precisely just these relations which undergo "treatment" in the process. On the other hand, a "person" is "a place" in which the processes of realisation of law occur, it is the "how" of normative discourse, a "person" is that which determines the procedure of the process, being "outside" of it. This aspect of a "person" is connected with the formal moment of law. A "person" being, at the same time, the "how" and the "what" of the process of the realisation of law, is also, to put it differently, a structural unity of relation and that which constitutes this relation (unity of relatio and relata). According to this approach a "person" is neither an object nor a subject. It exists only "in between". It is not substance. Law is the relation between being and obligation. That which is obligatory is connected with that which is general. That which is general does not exist on its own, it is not completely real. Accordingly, a "person" as such is also not real. It is relational, dynamic and historical. A "person" is not a state but an event. In Kaufmann's opinion, such a concept of a "person" helps to avoid the difficulties connected with the fungibility of law in classical legal positivism. A "person" is that which is given, which is not at free disposal and secures the moment of "non-dispositiveness" of law. Kaufmann concludes: "The idea (»nature«) of law is either the idea of a personal man or is nothing". Theory points at the structure of realising law and explains the process of adoption of general legal norms for a concrete situation. The analysis has shown however, that in this theory a satisfactory answer to the question about the ultimate foundations of law is not given. It seems that in the analyzed theory the understanding of human being takes place through understanding of law. What is good for man as a "person", what is just, what a "person" deserves may be determined only against the existing system of law. A "per¬son" adopted as a basis of law is the reality postulated in the analysis of the process of the realisation of law. It is a condition of possibility of this process ( explaining, on one hand, its unity and, on the other hand, the non-dispositive moments stated in this process). A "person" in the discussed theory is entirely defined by the structure of law, it can be nothing more than that which is given in law, what law refers to, what law is about. Being, which is a "person", is constituted by relations between people and objects, the relations which are based on fundamental links between norms and conditions of life established in a process of bringing them to conformity. It has to be assumed that man as a "person" is a subject of law only as far as realising law "treats" given senses according to their current configuration. The system of law is a starting point and it describes in content what man is as a "person". Moreover, being a "person" is the condition for entering legal relations. Consistently, Kaufmann writes that "empirical man" is not the subject of law, man is not "out of nature" a "person". People become "persons" due to the fact that they acknowledge each other as "persons" — acknowledging, at the same time, law. This acknowledgement is a con¬dition of existence, of the possibility of the occurrence of process of realisation of law and of constituting legal relations which ultimately constitute a "person". Kaufmann assumes, that law tends towards a moral aim: it may and must create an external freedom, without which the internal freedom to fulfil moral obligations cannot develop. However, this postulate is not based on the necessary structure of human being. From the point of view of his system, it is nothing more than only a condition for the possibility of the occurrence of the process of the realisation of law — lack of freedom would destroy the "how" of this process. Thus, the postulate to protect the freedom of personal acts has to be interpreted, in accordance with the analyzed theory, as a postulate, the fulfilment of which aims ultimately at the accomplishment of the very same process of realisation of law itself and not the realisation of a given man. Kaufmann considers a "person" to be an element which unites the system of law as a whole. Law is a structure of relations, which are interdependent and inter-contingent. Consequently, a "person" which is to form the ontological basis of law has to be entity consisting of all relations. Being also the "how" of the process of realisation of law, if a "person" is to warrant its unity, it has to be a common source for all procedures. Hence, a single "person" would constitute a subject of law. Man appears to be only a moment of a certain entirety, realisation of which should be an aim of his actions. Law, creating a "person" as an object and subject of law becomes a primary entity. In the analyzed theory, the basis for determination of aims which law sets to man is not the allocation of man-subject to something which improves him but rather, such relation is only just constituted by law. A question appears, why should aims set in law also be the aims of "empirical man"? Why is this "empirical man" to be punished in the name of a "person" understood in such a way? If, however, it is assumed that what is man is determined by a system which is superior to him, then man has to be understood only as a part of a whole and there are no grounds to prohibit istrumental treatment of man and so the road to all aspects of totalitarianism might be opened. A problem of the application of created theory to the reality arises, the reality which the theory pretends to explain. Ultimately in his theory Kaufmann does not give any systemic grounds for a radical questioning of the validity of any legal norms. Every new norm becomes an equal part of system of norms. It is only its interpretation and application to given conditions of life that may be disputable, however, this refers to all norms without exception. Cohesive inter-pretation of norms and applications is necessary and sufficient for the acquisition of just law. New norms have to be interpreted in the light of others, correspondingly, the other norms require reinterpretation in the light of the new ones. Contradiction in interpretation of a norm does not form a basis for questioning norms but may serve only to question the manner of their interpretation (understanding). Therefore, no grounds exist to assume any legal norm as criminal or unjust, and in consequence, to question any consistently realised system based on formally, properly established norms, as "legal lawlessness". As law and a "person" do not exist without the process of realisation of law, the role of legal safety becomes crucial as the condition for the possibility of the occurrence of the process of realisation of law. Denying legal safety would be tantamount to negation of law in general (also of moral law) as negation of safety takes away, at the same time, the basis for occurrence of the process of realisation of law. Moreover, any lack of legal safety would also mean lack of a basis for the existence of man as a "person". Kaufmann's thesis, that civil disobedience is legalized only when it has a chance to lead to success, consistent with his concept of the foundations of law, seems to point directly to conclusions which deny the facts taken under consideration and doubtlessly Kaufmann's own intentions, since it would have to be assumed that accordingly there are no grounds to question a legal system in force based on violence which secures its operation. Force finally seems to determine which one of the mutually irreconcilable normative systems constitute law and which does not. A legitimate position is one which leads to success, it is the weaker system which is negated. If so, then basically violent imposition of law is not an act directed against the law in force but, to the contrary, realisation of law. In the context of the new system the former system of law may be talked about as unjust solely in the sense of being incapable of being consistently united with the new. However, at the base, ultimately, lies force which reaffirms differences and excludes from the process of realisation of law certain norms and their interpretations. Kaufmann was aiming at grounding of that which is "non-dispositive" in a certain given framework of interpretation. Nevertheless, he does not provide foundations for the understanding of phenomena, which he undertakes to explain at a point of departure. Instead of explaining them the theory negates the possibility of their existence. The reality postulated in regard to "non-dispositive" moments of the reconstructed process of acquiring law consist of a specifically understood "person", which appears in Kaufmann's conceptions as a condition of the possibility of the realisation of law. According to this approach understanding of a "person" may be only a function of law. To understand "legal lawlessness" and foundations of justice it is necessary to look for such theory of law in which understanding of man as a "person" and being is not a function of understanding of law (in which a "person" is not only a condition for possibility of reconstructed process of realisation of law; for possibility of cognition processes). It seems necessary to start from theory of being and a "person" based on broader experience than the one assumed by Kaufmann and reconstruct the ontological foundations of the process of realisation of law only in such perspective. Kaufmann points out that that to which law refers is ipsa res iusta a concrete relation of man to other people and things. This relation, in his theory, appears to be basically only just constituted by law (normative senses "applied" to conditions of life). Therefore, understanding the relation between a given man and other people and things which constitute the aim of his actions, that is understanding of good, is enacted against the background of constitution of senses; constitution which is a result of a process aiming towards consistent understanding of particular contents (of nor¬mative and non-normative senses). "Being" is secondary towards constructed senses it is only their correlate. The primary relation consists of relation of a man to law (system of norms), while the secondary relation is one of man to something which is the aim of his action (relation between man and good). Considering such approach it is difficult to envision a satisfying answer to the fundamental question: why does law put concrete man under any obligation to obey it? The source of this problem can be seen in reduction of the base for understanding good to content of obligation formulated in auto-reflection. Such reduction seems to be a consequence of Kaufmann's adoption of "convergent concept of truth" and in con¬sequence his recognition of indirect, essentialistic grasp of reality formulated in concepts as the basic and only foundation of theory of being and of law. In view of such an approach, analogy of law, concepts and being is the condition for the possibility of the process of transformation of senses which aims at consistent interpretation of all law. Existence is postulated with respect to the possibility of unity of experience and cognition. However, also a different approach to understanding of the problem of being and good is possible. In spontaneous cognition being is affirmed, first of all, not as a certain, non-contradictory, determined content, but as something existing. Together with a cer¬tain content (passed indirectly through notions) existence of being is co-given. The basis for unity of being is not formed by the consistence of content, as it is in the case of the theories departing from the analysis of cognition processes, but by an act of existence realising content (essence). Such an approach makes it also possible to go beyond the convergent concept of truth. It is worth mentioning that allocation of an agent to good is realised not only by the content of duty. A statement that something is good is primary with respect to determination of this good in content. The recognised good always bears some content, however, there are no reasons to base the concept of good exclusively on indirect, formulated in concepts cognition. As primary, can be adopted the relation of man to good and not of man to law. Determination in content appears to be only an articulation of aspectual cognition of being, as an object of action. In such a case the basis for relative unity of norm and conditions of life is not the "nature of things" understood as correlate of sense but it is relation to good based on internal constitution of man as potential, not self-sufficient being. It does not mean, that the moments of the process of realisation of law singled out by Kaufmann are not important to determination of what is just. He, quite rightly, points to significant role played by norms in the evaluation of concrete situations, in man's search for closer specification in content of good innate to him. The structure of process of determining law for a concrete situation, to a great degree corresponds to the processes of determining law which take place not only in the legal sciences. Kaufmann's analyses of the process of realisation of law show the complexity of the structure of these processes and point towards important moments allowing a better understanding of law and man. Nevertheless, these analyses cannot be a basis for construction of philosophical theory of law, theory which hopes to point out the ultimate, ontological foundations for understanding law. Kaufmann's results may become fully valid only in a more general perspective including broader experience at the point of departure. (shrink)

In this paper I reject the normative interpretation of logic and give reasons for a realistic account based on the ontological treatment of logical values.

While classifications of mental disorders have existed for over one hundred years, it still remains unspecified what terms such as 'mental disorder', 'disease' and 'illness' might actually denote. While ontologies have been called in aid to address this shortfall since the GALEN project of the early 1990s, most attempts thus far have sought to provide a formal description of the structure of some pre-existing terminology or classification, rather than of the corresponding structures and processes on the side of the patient. (...) We here present a view of mental disease that is based on ontological realism and which follows the principles embodied in Basic Formal Ontology and in the application of BFO in the Ontology of General Medical Science. We analyzed statements about what counts as a mental disease provided in the research agenda for the DSM-V, and in Pies' model. The results were used to assess whether the representational units of BFO and OGMS were adequate as foundations for a formal representation of the entities in reality that these statements attempt to describe. We then analyzed the representational units specific to mental disease and provided corresponding definitions. Our key contributions lie in the identification of confusions and conflations in the existing terminology of mental disease and in providing what we believe is a framework for the sort of clear and unambiguous reference to entities on the side of the patient that is needed in order to avoid these confusions in the future. (shrink)

Foundational ontologies, central constructs in ontological investigations and engineering alike, are based on ontological categories. Firstly proposed by Aristotle as the very ur- elements from which the whole of reality can be derived, they are not easy to identify, let alone partition and/or hierarchize; in particular, the question of their number poses serious challenges. The late medieval philosopher Dietrich of Freiberg wrote around 1286 a tutorial that can help us today with this exceedingly difficult task. In this paper, (...) I discuss ontological categories and their importance for foundational ontologies from both the contemporary perspective and the original Aristotelian viewpoint, I provide the translation from the Latin into English of Dietrich's De origine II with an introductory elaboration, and I extract a foundational ontology–that is in fact a single-category one–from this text rooted in Dietrich's specification of types of subjecthood and his conception of intentionality as causal operation. (shrink)

This essay analyzes the relation between nothingness and the work of art, where negation appears as a fundamental element of art. Starting at a discussion of the concept of nothingness in existential phenomenology, it points to the limitations of Heidegger's notion of nullity and negation, which spring from the denial of the dimension of consciousness to his Dasein. Although Sartre recovers that dimension in his portrayal of the pour-soi, now the idea of nothingness is not taken to its ultimate consequence, (...) where art would appear as a product of consciousness that is entrenched in nothingness. Only through an enlarged notion of consciousness, one that allows the perception of negative experience as intrinsically related to poiesis, will the work of art appear ontologically grounded in a form of Being that searches for its own contradiction. Such an enlarged notion of consciousness appears in the thought of Japanese philosopher Nishida Kitarō, where concepts such as "the place of nothingness" and "pure experience" can serve as ground to an analysis of the relation between nothingness and the work of art. (shrink)

: This essay analyzes the relation between nothingness and the work of art, where negation appears as a fundamental element of art. Starting at a discussion of the concept of nothingness in existential phenomenology, it points to the limitations of Heidegger’s notion of nullity and negation, which spring from the denial of the dimension of consciousness to his Dasein. Although Sartre recovers that dimension in his portrayal of the pour-soi, now the idea of nothingness is not taken to its ultimate (...) consequence, where art would appear as a product of consciousness that is entrenched in nothingness. Only through an enlarged notion of consciousness, one that allows the perception of negative experience as intrinsically related to poiesis, will the work of art appear ontologically grounded in a form of Being that searches for its own contradiction. Such an enlarged notion of consciousness appears in the thought of Japanese philosopher Nishida Kitarō , where concepts such as ‘‘the place of nothingness’’ and ‘‘pure experience’’ can serve as ground to an analysis of the relation between nothingness and the work of art. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2016 Heft: 212 Seiten: 27-44.

This article suggests that we are in the midst of a profound dimensional shift in our rational capacity to process reality, and seeks to articulate the implications of this evolutionary shift to global reason for our scientific enterprise. As we enter the 21st century it is unmistakably clear that we are in the midst of an unprecedented shift in the human condition - a global renaissance that affects every aspect of our cultural lives, our self-understanding, and, of course, our rational (...) enterprise. This evolutionary transformation, when seen through the expanded global lens, has been emerging through the ages on a global scale. In this brief reflection I suggest that this advance in our technology of mind is of an order of magnitude that is so radical and comprehensive that the very concept of a person, of what it means to be human, of our encounter with Reality and all our hermeneutical arts, including the sciences, are likewise taken to a higher global dimension. I suggest that the diverse voices included in this special edition are best situated in the context of this global awakening of reason, scientific knowing, and the holistic worldview. (shrink)

This paper takes issue with those commentators of Heidegger's philosophy whose point of entry into his thinking is the inherited prejudices of others. It demonstrates that if prior judgments are suspended, so that Heidegger's texts are permitted to speak for themselves, the truth of his `position', more a wege than a static motionless point, gradually and inexorably begins to emerge. I take Pope Benedict's first encyclical, Deus Caritas Est, to draw the theological contours of a truly post-modern ethic. I then (...) hold up Heidegger's philosophy, as this is characterized principally though not exclusively in his lecture Der Satz Der Identität, to consider possible symmetries. Finally I offer an answer to the question: does Heidegger's thought have ethical consequences? (shrink)

Basing Its Critique Of Western Legal Positivism On Concepts That Are Fundamental To The Indigenous Tradition Of Dharmasastra, This Work Is An Indian Restatement Of The Nature Of Law, Both Of Its Parts And Essence.

This posthumous work by Gustav Bergmann was essentially complete before his death in 1987.

A major disagreement between different views about the foundations of quantum mechanics concerns whether for a theory to be intelligible as a fundamental physical theory it must involve a ‘primitive ontology’ (PO), i.e. variables describing the distribution of matter in four-dimensional space–time. In this article, we illustrate the value of having a PO. We do so by focusing on the role that the PO plays for extracting predictions from a given theory and discuss valid and invalid derivations of predictions. To (...) this end, we investigate a number of examples based on toy models built from the elements of familiar interpretations of quantum theory. (shrink)

In this volume, Brakel raises questions about conventions in the study of mind in three disciplines—psychoanalysis, philosophy of mind, and experimental philosophy. She illuminates new understandings of the mind through interdisciplinary challenges to views long-accepted. Here she proposes a view of psychoanalysis as a treatment that owes its successes largely to its biological nature—biological in its capacity to best approximate the extinction of problems arising owing to aversive conditioning. She also discusses whether or not "the mental" can have any real (...) ontological standing, arguing that a form of reductive physicalism can be sufficient ontologically, but that epistemological considerations require a branch of non-reductive physicalism. She then notes the positive implications of this view for psychiatry and psychoanalysis, Finally, she investigates the role of "consistency" in method and content, toward which experimental philosophers strive. In essence, Brakel articulates the different sets of challenges pertaining to: a) ancient dilemmas such as the mind/body problem; b) longstanding debates about the nature of therapeutic action in psychoanalysis; and c) new core questions arising in the relatively young discipline of experimental philosophy. (shrink)

The existence of a social world raises both the metaphysical puzzle: how can there be a “reality” of facts and objects that are genuinely created by human intentionality? and the epistemological puzzle: how can such a product of human intentionality include objective facts available for investigation and discovery by the social sciences? I argue that Searle’s story about the creation of social facts in The Construction of Social Reality is too narrow to fully solve either side of the puzzle. By (...) acknowledging different forms of rules for constructing social reality paralleling rules for creating ‘make-believe’ truths, we can build a more comprehensive social ontology and allow for a more appropriate range of discovery for the social sciences. Nonetheless, I argue that despite the parallels between methods for constructing make-believe and social facts, it would be mistaken to treat talk about social reality as involving a mere pretense to refer. (shrink)

The origin of the concept of “emotional sharing” can be traced back to the first edition of Sympathiebuch [1913/23], in which Max Scheler paved the way to a phenomenology of emotions and to social ontology. The importance of his findings is evident: consider the central role of emotional sharing in Michael Tomasello’s analysis and the lively debate on social ontology and collective intentionality.