In lieu of an abstract, here is a brief excerpt of the content:274 HISTORY OF PHILOSOPHY poisoning, spying, etc., which would render postwar mutual confidence impossible, shall not be countenanced. It is mainly with an eye to these preliminary articles that Professor Wilhelm Miiller argues for Kant's relevance to contemporary political problems. Miiller begins by drawing an analogy between the Peace of Basle (1795) and the Treaty of Versailles: in both instances, it is claimed, secret reservations at the treaty table, (...) the identification of defeated nation with "guilty" nation, and the deprivation of an entire "guiltless" people of "the most primitive right to live" helped lay the foundations for future wars. Miiller sees in the willful dispersion, through motives of revenge and greed, of the possessions of conquered nations after both World Wars a "reversion to the wildest barbarism." He defends Kant's stricture against standing armies as being "simply and logically irrefutable" in spite of Kant's toleration--understandable in 1795--of limited and voluntary militias adequate for national defense. He infers from Kant's warning against national economic dependency the urgent need to exclude international capitalism from world politics. He suggests that Kant's principle of non-interference in the internal affairs of nations has been violated in the splitting of East from West Germany. And he insinuates that the present form of government in the U.S. is democratic and republican only in name, being in actuality a capitalist oligarchy whose two-party system tends to degenerate into a one-party system. Professor Miiller is entitled to his views. The reader, however, is entitled to a more objective exposition of Kant's essay and perhaps even to hope for a more critical and searching appraisal of Kant's doctrines. One opportunity for the latter surely offers itself in regard to Kant's analogy between personal and international morality. The analogy might conceivably break down over the difficulty of assigning collective moral and legal responsibility. If, as Kant maintains, a state is a moral person, it should follow that it and not merely its constituent members taken singly has moral responsibility for what it undertakes. Leaving aside the question of whether or not Kant thought through the implications of his premise, it is clear that Professor Miiller has not done so. Whereas he considers atrocious the branding of the German people as guilty of international crime in either World War, he allows himself the judgment that the "Christian" people of Europe and America were guilty of mass-murder on both occasions. The inconsistency is evident. Left unexamined and even unmentioned are the following: Kant's well-known ethical principles--the concept of practical reason, the phenomenal-noumenal duality, the notion of design in nature, the doctrine of the Categorical Imperative binding on any rational will--upon which he explicitly grounds Perpetual Peace; his efforts to refute the notion of theoretical conflict between morality and politics; his misleading use of the language of the social contract theorists throughout the essay; his proposal, anticipatory of later British philosophers, that the principle of publicity is a necessary if not sufficient condition of morally proper legislation. Perpetual Peace deserves more than Professor Mfiller has given it. PETER FUSS University of California, Riverside The Earlier Letters of John Stuart Mill 1812-1848. Edited by Francis E. Mineka, with an Introduction by F. A. Hayek. Two vols. (Toronto: University of Toronto Press, Routledge g: Kegan Paul. Pp. xxvii + 784. $20.00.) These two volumes of early correspondence are the first volumes to appear of a projected new edition of Mill's collected works. If the subsequent volumes maintain the high level of competence achieved here, the new edition will prove a valuable assistance to nineteenth- BOOK REVIEWS 275 century scholars. Of the 537 letters published, 238 have never before been in print, and 72 others have hitherto appeared only in part. Most of the work of assembling the letters was done by F. A. Hayek, but the extremely useful annotation was prepared by Francis E. Mineka. We are told that he and Dwight N. Lindley are planning an edition of the later letters (1849-1873). The earliest letter extant (printed in facsimile and hitherto unpublished) was written, at the age of 6, to Bentham. It... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:274 HISTORY OF PHILOSOPHY poisoning, spying, etc., which would render postwar mutual confidence impossible, shall not be countenanced. It is mainly with an eye to these preliminary articles that Professor Wilhelm Miiller argues for Kant's relevance to contemporary political problems. Miiller begins by drawing an analogy between the Peace of Basle (1795) and the Treaty of Versailles: in both instances, it is claimed, secret reservations at the treaty table, (...) the identification of defeated nation with "guilty" nation, and the deprivation of an entire "guiltless" people of "the most primitive right to live" helped lay the foundations for future wars. Miiller sees in the willful dispersion, through motives of revenge and greed, of the possessions of conquered nations after both World Wars a "reversion to the wildest barbarism." He defends Kant's stricture against standing armies as being "simply and logically irrefutable" in spite of Kant's toleration--understandable in 1795--of limited and voluntary militias adequate for national defense. He infers from Kant's warning against national economic dependency the urgent need to exclude international capitalism from world politics. He suggests that Kant's principle of non-interference in the internal affairs of nations has been violated in the splitting of East from West Germany. And he insinuates that the present form of government in the U.S. is democratic and republican only in name, being in actuality a capitalist oligarchy whose two-party system tends to degenerate into a one-party system. Professor Miiller is entitled to his views. The reader, however, is entitled to a more objective exposition of Kant's essay and perhaps even to hope for a more critical and searching appraisal of Kant's doctrines. One opportunity for the latter surely offers itself in regard to Kant's analogy between personal and international morality. The analogy might conceivably break down over the difficulty of assigning collective moral and legal responsibility. If, as Kant maintains, a state is a moral person, it should follow that it and not merely its constituent members taken singly has moral responsibility for what it undertakes. Leaving aside the question of whether or not Kant thought through the implications of his premise, it is clear that Professor Miiller has not done so. Whereas he considers atrocious the branding of the German people as guilty of international crime in either World War, he allows himself the judgment that the "Christian" people of Europe and America were guilty of mass-murder on both occasions. The inconsistency is evident. Left unexamined and even unmentioned are the following: Kant's well-known ethical principles--the concept of practical reason, the phenomenal-noumenal duality, the notion of design in nature, the doctrine of the Categorical Imperative binding on any rational will--upon which he explicitly grounds Perpetual Peace; his efforts to refute the notion of theoretical conflict between morality and politics; his misleading use of the language of the social contract theorists throughout the essay; his proposal, anticipatory of later British philosophers, that the principle of publicity is a necessary if not sufficient condition of morally proper legislation. Perpetual Peace deserves more than Professor Mfiller has given it. PETER FUSS University of California, Riverside The Earlier Letters of John Stuart Mill 1812-1848. Edited by Francis E. Mineka, with an Introduction by F. A. Hayek. Two vols. (Toronto: University of Toronto Press, Routledge g: Kegan Paul. Pp. xxvii + 784. $20.00.) These two volumes of early correspondence are the first volumes to appear of a projected new edition of Mill's collected works. If the subsequent volumes maintain the high level of competence achieved here, the new edition will prove a valuable assistance to nineteenth- BOOK REVIEWS 275 century scholars. Of the 537 letters published, 238 have never before been in print, and 72 others have hitherto appeared only in part. Most of the work of assembling the letters was done by F. A. Hayek, but the extremely useful annotation was prepared by Francis E. Mineka. We are told that he and Dwight N. Lindley are planning an edition of the later letters (1849-1873). The earliest letter extant (printed in facsimile and hitherto unpublished) was written, at the age of 6, to Bentham. It... (shrink)

The problems of the tolal energy and quasilocalenergy density or an isolated spherically symmetric static system in general relativity (GR) are considered with examples of some exact suintions. The field formulation of GR dereloped earlier hy L. P. Grishchuk. el al. (1984). in ihe framework of which all the dynamical fields, including the gravitation field, are considered in a fixed background spacetime is used intensively. The exact Schwarzschild and Reissner Nordstrom solutions are investigated in detail, and the results (...) are compared with those in the recent work by J. D. Brown and J. W. York. Jr. (1993) as well as discussed with respect to the principle of nonlocalization of the gravitational energy in GR. Those examples are illustrative and simple because the background is selected as Minkowski spacetime and, in fact, the field configurations are studied in the framework of special relativity. It is shown that some problems of the Schwarzschild solution which are difficult to resolve in the standard geometrical framework of GR are resolved in the framework of the field formulation. (shrink)

Measurement theory in (Hand in The world through quantification. Oxford University Press, 2004; Suppes and Zinnes in Basic measurement theory. Psychology Series, 1962) is concerned with the assignment of number to objects of phenomena. Representational aspect of measurement is the extent to which the assigned numbers and arithmetics truthfully represent the underlying objects and their relations, and is characteristic to natural sciences; pragmatic aspect is the extent to which the assigned numbers serve purposes other than representing the underlying phenomena, and (...) is characteristic to social sciences (Hand in The world through quantification. Oxford University Press, 2004). Here I criticise this distinction of representational and pragmatic measurements on the basis of the earlier history of the periodic system of chemical elements, viewed in terms of a practice based philosophy of science by Rein Vihalemm. I argue that the periodic system, although a natural scientific system interpretable as a measurement system, has considerable, in Hand’s terms pragmatic, aspects in it. Those aspects include: tampering with the material measurement results for the theoretical ideal of systematicity; adopting metaphysical assumptions that cannot be experimentally proven, like individuality of elements and atomicity; theoretical construction of the abstract entity—element—as the reference of the measurement system amenable to mathematically elegant ordering. Contrary to Suppes and Zinnes (Basic measurement theory. Psychology Series, 1962) I also argue for the dependence of the assigned numerical system on the material-procedural base of the measurement. (shrink)

Although we often see references to Carnap’s inductive logic even in modern literatures, seemingly its confusing style has long obstructed its correct understanding. So instead of Carnap, in this paper, I devote myself to its necessary and sufficient commentary. In the beginning part (Sections 2-5), I explain why Carnap began the study of inductive logic and how he related it with our thought on probability (Sections 2-4). Therein, I trace Carnap’s thought back to Wittgenstein’s Tractatus as well (Section 5). In (...) the succeeding sections, I attempt the simplest exhibition of Carnap’s earlier system, where his original thought was thoroughly provided. For this purpose, minor concepts to which researchers have not paid attention are highlighted, for example, m-function (Section 8), in-correlation (Section 10), C-correlate (Section 10), statistical distribution (Section 12), and fitting sequence (Section 17). The climax of this paper is the proof of theorem (56). Through this theorem, we will be able to overview Carnap’s whole system. (shrink)

In support of their contention that it is the absence of a subsisting medium that imbues the speed of light with fundamentality, Bryan Cheng and James Read discuss certain “fishbowl universes” in which physical influences evolve, not at the speed of light, but that of sound. The Lorentz transformation simulated in these sonic universes, which the authors cite from the literature of analogue gravity, is not that of Einstein, for whom an aether was “superfluous”, but that of the earlier (...) relativity of Lorentz and Poincaré, which did suppose such a medium. The authors’ intention is not to argue analogically, but simply to contrast the situation of light with that of sound. However, I argue that these universes are too successful as analogues to support the authors’ case. By reducing Lorentzian relativity to its bare essentials, they provide a compelling demonstration of the viability and explanatory strengths of the earlier theory. They show how a thoroughly wave-theoretic treatment of the elementary particles would explain why all aspects of matter transform in like manner, thereby avoiding a difficulty that was a significant reason for the demise of Lorentzian relativity after 1905. Importantly, these sonic universes suggest a unifying explanation, not only of the Lorentz transformation and de Broglie wave, but of the principle of relativity, which was merely postulated, rather than explained, by Einstein in 1905. (shrink)

From the theoretical discussions, transdisciplinarity starts to have practical consequences in the development of programs that include consortia of universities, bringing together a large variety of professionnals who set ambitious goals, such as the Human Genome Project in the past decade, and also the Human Brain Project for this decade. We intend to present an approach in the spirit of the new paradigms of knowledge in the Human Brain Project generous program started earlier this year in Europe. A possible (...) transdisciplinary approach on brain functions and structure is to bring a valuable, significant and innovative, unconventional contribution to the theory of multi-scale topics of the HBP project. More precisely, we intend to develop the subproject Mathematical and Theoretical Foundations of Brain Research within the HBP project. Our approach aims at exploring brain function from the perspective of the theories which influenced the last decade researches in Physics and Mathematics, such as the fractal theory, chaos and the dynamics of the nonlinear systems, in order to formulate new theories regarding brain mechanisms. We bring together models and new theories based on a principled approach to nonlinear reality. We wish to develop a new paradigm for assessing brain function, the theory of complex systems, which requires a revolutionary attitude, by rethinking how brain works and it is biologically structured. By this approach, we intend to study not only the corpuscular, but also the wave part of the matter. (shrink)

In this innovative and important work, Gerald Gaus advances a revised and more realistic account of public reason liberalism, showing how, in the midst of fundamental disagreement about values and moral beliefs, we can achieve a moral and political order that treats all as free and equal moral persons. The first part of this work analyzes social morality as a system of authoritative moral rules. Drawing on an earlier generation of moral philosophers such as Kurt Baier and Peter (...) Strawson as well as current work in the social sciences, Gaus argues that our social morality is an evolved social fact, which is the necessary foundation of a mutually beneficial social order. The second part considers how this system of social moral authority can be justified to all moral persons. Drawing on the tools of game theory, social choice theory, experimental psychology and evolutionary theory, Gaus shows how a free society can secure a moral equilibrium that is endorsed by all, and how a just state respects, and develops, such an equilibrium. (shrink)

In the texts that presented the theoretical assumptions of the Parc de La Villette, Bernard Tschumi used a large number of terms that contradicted not only the traditional principles of composing architecture, but also negated the rules of social order and the foundations of Western metaphysics. Tschumi’s statements, which are a continuation of his leftist political fascinations from the May 1968 revolution, as well as his interest in the philosophy of French poststructuralism and his collaboration with Jacques Derrida, prove (...) that terms such as disruption, dissociation, disfunction, disjunctions and dispersion not only referred to architectural problems but also applied to political criticism and the deepest foundations of thinking itself. His collaboration with Derrida manifested itself primarily in the publication La Case Vide: La Villette, 1985, in which the architect’s design drawings and texts explaining his concepts related to the Park de La Villette were accompanied by an extensive essay by Derrida, which included theoretical problems taken up by Tschumi in a philosophical context. Architectural and philosophical issues were also combined during seven discussion meetings organised by Peter Eisenman, invited by Tschumi to collaborate on the design of the Parc de La Villette. Eisenman, who, like Tschumi, invited Derrida to participate in the design of the park and also led to the publication of Chora L Works: Jacques Derrida and Peter Eisenman, in which his ideas were confronted with Derrida’s philosophical text. In this case, Derrida’s essay was not a direct commentary on the architect’s concepts, but rather a reflection on the question of the chôra presented by Plato in Timaeus. During the discussion and in his essay, Derrida pointed out that the chôra is a component of the created world, yet it does not belong to it, but precedes it. The originality of the chôra is so radical that she also precedes all the factors of creating the world, including ideas and the Demiurge. Thus a thesis appeared in the metaphysics of the West that the chôra is a form of active abyss, in relation to which all beings are secondary, both those perfect (as ideas or God) and those created, such as the world, things, people or language. This leads to the conclusion that the chôra does not exist, because all existence is a derivative of the chôra. Nor could the chôra be described, since it is a form of developing a space that is preceded by a lack of space characteristic of the chôra. Derrida intended the chôra to be an instance with an exceptional degree of transcendentalism, an anti-metaphysical instance, but also an a-theological one. However, this attempt failed, both in the field of secular philosophy and in the field of theology. Derrida’s characteristics of the chôra to strengthen its transcendentalism and negation of metaphysics had to be expressed in a language that immediately produces new concepts and a new metaphysics that reproduces the categories of the beginning, the origin or the foundation known from earlier philosophical traditions. All forms of criticism of metaphysics are also inspired by negative, apophatic and mystical theology. The undermining of many concepts of permanent meaning and the introduction of new concepts of unstable meaning, characteristic of the philosophy of deconstruction, had many features of originality, but it was directed towards problems whose solutions repeat, with the use of new vocabulary, the findings known in culture since Democritus. Thus, if apophatic philosophy can be regarded as deconstruction avant la lettre, then deconstruction itself in its late versions began to take on the features of a new religion. The exchange of inspiration between theology and deconstruction was manifested in a series of scientific conferences and publications in which Derrida’s philosophical concepts were interpreted within the scope of religious thought. Theological threads began to be found in such concepts of deconstruction as différance or the chôra, while at the same time Derrida himself undertook in his philosophy to study problems such as the Other (L’Autre) or Impossible (Impossible), which belonged to newer theological traditions. As a consequence of the new problems, the deconstruction became closer to the features of a new religion. Philosophy, at least from Kant’s time, has tried to create a system that would take over from religion the tasks of setting moral and political goals. Similarly, Derrida has directed his interest towards the problems of democracy and ethics, which would enable their renewal. Attempts to create a new religion (cleared of old metaphors), a new community or a new democracy bring problems and threats which may be no less troublesome than the previous systems. All promises of freedom carry with them threats, the greater the more they strive for perfection. The renewal of existential orders, sometimes carried out by means of violent changes, is a certain repetitive feature of human cultures. Deep changes, however, do not protect against the return of both old gods and old demons. Tschumi and Derrida were shaped in their youth by the atmosphere of leftist rebellion against the moral and political limitations of ossified communities and the imperfections of democracy. The ethical theme distinguishes many of their works, including the Parc de La Villette. The opposition to the metaphysical traditions of philosophy and architecture contained in this park was prompted by specific political situations and resulted from bringing political issues to the level of philosophical considerations. Achievements made at the level of pure concepts were then subject to elevation, to a kind of sacralization, which made them religious concepts. The deconstruction reached for the stratus of the new religion especially when it found its followers and began to generate moral obligations. In the new situation, terms such as the chôra, l’autre or the Impossible were absolutized and in relation to them a cult and attitude of adoration emerged. The Parc de La Villtette then gained new post-secular meanings, which allow it to be assigned the function of a Temple of Otherness (L’Autre) and Impossible. (shrink)

This paper extends the results of an earlier paper by the author . New subsystems of the combinatory logic TRC shown in that paper to be equivalent to NF are introduced; these systems are analogous to subsystems of NF with predicativity restrictions on set comprehension introduced and shown to be consistent by Crabbé. For one of these systems, an exact equivalence in consistency strength and expressive power with the analogous subsystem of NF is established.

This research aims to investigate the thematic system of Arabic texts, especially Arabic Sufi texts related to al-Hikam aphorisms. Thematic structure is defined as the set of options relating to ‘information structure’, the linguistic representation of extralinguistic experience and how a Sufi constructs an information structure in al-Hikam aphorisms. In this case, the extralinguistic experience is focused on the Arabic Sufi communities. The first problem of this research, about thematic system in al-Hikam aphorism related to Arabic Sufi communities (...) and Islamic identities, is elaborated comprehensively. The elaboration process can be classified into a number of thematic systems such as unmarked topical, marked topical, interpersonal and textual. The thematic analysis becomes the base foundation to elaborate the construction of Arabic Sufi communities and Islamic identities. A thematic model shows how language users in Arabic Sufi communities encode language from their mental picture of reality. By capturing the al-Hikam aphorism through the thematic system, it can be concluded that communication is pivotal in making Islamic Sufi identities.Contribution: Contextually, this research contributes to the study of cross-language and cross-culture. Language as a reflection of a certain culture can be seen both in terms of the product and the translation process. (shrink)

In this paper, I analyze the shift in Twardowski’s views between his early psychologistic theory of logic and his later anti-psychologistic theory. In particular, I point out that the interpretation suggesting that this change merely involves Twardowski enriching his ontology with products encounters a certain problem in light of his earlier views. To present this problem more precisely, I discuss the foundations of Twardowski’s theory of products, focusing on aspects relevant to the issue of psychologism. Based on this, (...) I reconstruct Twardowski’s theory of logic and highlight where he identified the fallacy of psychologism. I contrast this reconstructed theory with Twardowski’s earlier views at key points and demonstrate that the difference between his early psychologistic theory and his later anti-psychologistic theory is a matter of a shift in emphasis rather than a significant change in the theoretical system itself, and that Twardowski himself understood it as such. (shrink)

The purpose of this paper is to improve on the logical and measure-theoretic foundations for the notion of probability in the law of evidence, which were given in my contributions Åqvist [ (1990) Logical analysis of epistemic modality: an explication of the Bolding–Ekelöf degrees of evidential strength. In: Klami HT (ed) Rätt och Sanning (Law and Truth. A symposium on legal proof-theory in Uppsala May 1989). Iustus Förlag, Uppsala, pp 43–54; (1992) Towards a logical theory of legal evidence: semantic (...) analysis of the Bolding–Ekelöf degrees of evidential strength. In: Martino AA (ed) Expert systems in law. Elsevier Science Publishers BV, Amsterdam, North-Holland, pp 67–86]. The present approach agrees with the one adopted in those contributions in taking its main task to be that of providing a semantic analysis, or explication, of the so called Bolding–Ekelöf degrees of evidential strength (“proof-strength”) as applied to the establishment of matters of fact in law-courts. However, it differs from the one advocated in our earlier work on the subject in explicitly appealing to what is known as “Pro-et-Contra Argumentation”, after the famous Norwegian philosopher Arne Naess. It tries to bring out the logical form of that interesting kind of reasoning, at least in the context of the law of evidence. The formal techniques used here will be seen to be largely inspired by the important work done by Patrick Suppes, notably Suppes [(1957) Introduction to logic. van Nostrand, Princeton and (1972) Finite equal-interval measurement structures. Theoria 38:45–63]. (shrink)

Chakras are a basic concept of yoga but typically are ignored by scientific research on yoga, probably because descriptions of chakras can appear like a fanciful mythology. Chakras are commonly considered to be centers of concentrated metaphysical energy. Although clear physiological effects exist for yoga practices, no explanation of how chakras influence physiological function has been broadly accepted either in the scientific community or among yoga scholars. This problem is exacerbated by the fact that yoga is based on subjective experience, (...) and practitioners often shun objective descriptions. This essay builds on earlier work hypothesizing that intercellular gap junction connections provide a physiological mechanism underlying subtle energy systems described in yoga as well as other disciplines such as acupuncture. Three physical aspects of chakras are distinguished that are integrated through gap junction mechanisms and are proposed to have arisen during embryological development. Furthermore, electrical conductance associated with a high concentration of gap junctions could generate phenomena that, when subjectively experienced, have the radiant qualities attributed to chakras. This theory provides a scientific rationale for previously unexplained details of chakra theory and offers a new orientation to conceptualizing and studying such subjective phenomena. (shrink)

Within a physicalist-mechanistic worldview, in which we cannot be more than intelligent, self-reproducing biomachines or biobots, fundamentals of a new approach to the science of human self-explanation are outlined. Some a priori logical necessities, or determinants, of any biobot’s control system design are recognized. Evolution had to satisfy them, but neuroscience and cognitive science so far do not clearly see these basics. It is concluded that the old part of the brain still contains the genetically fixed drives, responses, and (...) the physiological control. Here is the seat of an ancient somatic self that is not intelligent but is still the active center of our life. The neocortex has evolved to serve the somatic self with intelligence by individually building a virtual model of the external material and social world. This model is used by the somatic self to “pre-play” intended actions and responses to see whether they would satisfy its needs. This schema of global brain function provides the neurological foundation for the ego-id dichotomy in analytic psychology, as well as some critique of it. Following the groundbreaking experiments by Benjamin Libet and John-Dylan Haynes et al. , consciousness is taken as a “theater” that presents what the neural networks already have worked out, and freedom of the will is limited. The explosive growth of culture and civilization began when neocortical power exceeded a certain threshold. This can be taken as a quasi-mutation that projected us into a supra-biological space of existence that is new to natural history. It is not clear whether this event will lead to a positive future for humanity or to doom. Functional religion is seen as a neurosystemic attempt to bring back the earlier natural state. Thus, it can be valuable when cleared of mythological ballast. (shrink)

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

This book presents the deterministic view of quantum mechanics developed by Nobel Laureate Gerard 't Hooft. Dissatisfied with the uncomfortable gaps in the way conventional quantum mechanics meshes with the classical world, 't Hooft has revived the old hidden variable ideas, but now in a much more systematic way than usual. In this, quantum mechanics is viewed as a tool rather than a theory. The book presents examples of models that are classical in essence, but can be analysed by the (...) use of quantum techniques, and argues that even the Standard Model, together with gravitational interactions, might be viewed as a quantum mechanical approach to analysing a system that could be classical at its core. He shows how this approach, even though it is based on hidden variables, can be plausibly reconciled with Bell's theorem, and how the usual objections voiced against the idea of 'superdeterminism' can be overcome, at least in principle. This framework elegantly explains - and automatically cures - the problems of the wave function collapse and the measurement problem. Even the existence of an "arrow of time" can perhaps be explained in a more elegant way than usual. As well as reviewing the author's earlier work in the field, the book also contains many new observations and calculations. It provides stimulating reading for all physicists working on the foundations of quantum theory. (shrink)

We propose that human reasoning relies on an inherence heuristic, an implicit cognitive process that leads people to explain observed patterns (e.g., girls wear pink) in terms of the inherent features of their constituents (e.g., pink is an inherently feminine color). We then demonstrate how this proposed heuristic can provide a unified account for a broad set of findings spanning areas of research that might at first appear unrelated (e.g., system justification, nominal realism, is–ought errors in moral reasoning). By (...) revealing the deep commonalities among the diverse phenomena that fall under its scope, our account is able to generate new insights into these phenomena, as well as new empirical predictions. A second main goal of this paper, aside from introducing the inherence heuristic, is to articulate the proposal that the heuristic serves as a foundation for the development of psychological essentialism. More specifically, we propose that essentialism—which is the common belief that natural and social categories are underlain by hidden, causally powerful “essences”—emerges over the first few years of life as an elaboration of the earlier, and more open-ended, intuitions supplied by the inherence heuristic. In the final part of the paper, we distinguish our proposal from competing accounts (e.g., Strevens' K-laws) and clarify the relationship between the inherence heuristic and related cognitive tendencies (e.g., the correspondence bias). In sum, this paper illuminates a basic cognitive process that emerges early in life and is likely to have profound effects on many aspects of human psychology. (shrink)

This paper provides a foundation for the polarity marking technique introduced by David Dowty [3] in connection with monotonicity reasoning in natural language and in linguistic analyses of negative polarity items based on categorial grammar. Dowty's work is an alternative to the better-known algorithmic approach first proposed by Johan van Benthem [11], and elaborated by Víctor Sánchez Valencia [10]. Dowty's system internalized the monotonicity/polarity markings by generating strings using a categorial grammar whose categories already contain the markings that the (...) earlier system would obtain by separate steps working on an already-derived string. Despite the linguistic advantages of the internalized system, no soundness proof has yet been given for it. This paper offers an account. The leading mathematical idea is to interpret categorial types as preorders (in order to talk about monotonicity in the first place), and then to add a primitive operation to the type hierarchy of taking the opposite of a preorder (in order to capture monotone decreasing functions). At the same time, the use of internalized categories also raises issues. Although these will not be addressed in full, the paper points out possible approaches to them. (shrink)

I argue that despite the various ways in which Fichte separates right from morality in his 1796/97 Foundations of Natural Right, he nevertheless suggests in the writings from the period of his professorship at the University of Jena that there is a reciprocal relation between them. This requires, however, reading the Foundations of Natural Right in the light of The System of Ethics, which was published in 1798, especially the account of the ethical duties deriving from a (...) person's membership of a profession that Fichte gives in this work. Although this approach allows us to attribute to Fichte a different conception of the state to the amoral one found in the Foundations of Natural Right, I argue that the separation of right from morality developed in this work remains valid and amounts to one of Fichte's main achievements, namely, his identification of the different dispositions that may characterize an individual's relation to the society in which he or she lives. This point is developed by comparing Fichte's amoral conception of the state to Hegel's account of civil society as the ‘state of necessity’. This does not involve an attempt to turn Fichte into Hegel but to show how the insights contained in Fichte's distinction between right and morality can be illuminated with reference to Hegel's theory of civil society and can be retained in the face of a powerful criticism that Hegel makes of the kind of contract theory of the state offered by Fichte. ☆ This article was written during a post-doctoral fellowship supported by the South African National Research Foundation. I would like to thank Lawrence Hamilton for his comments on an earlier version of the article. (shrink)

This essay examines the experience of rewriting historical narratives from a world-system perspective, drawing on the author's attempt to construct an integrated image of the world economy in the thirteenth century. Searching for an intermediate epistemological path between unanchored postmodern hermeneutics and overconfident positivism, the author argues that three apparent deviations from the "ideals of positivist social science," which she ironically labels eccentricity, ideology, and idiosyncrasy, can yield significant "remakings" of world history. Eccentricity, namely, recognizing perspectives other than those (...) that conventionally view the world through the eyes of the West, can help historians to escape from ethnocentrism or Eurocentrism. Ideology, more conventionally called theory, is essential if historians are to select and integrate new material. And idiosyncrasy in the interests and backgrounds of historians can often be the source of the re-vision so essential for challenging earlier historical narratives. The author alludes to parallels with ethnographic research methods and cautions against substituting these three aids to research for rigorous attention to empirical sources and "the real world.". (shrink)

Pure Type Systems, PTSs, were introduced as a generalization of the type systems of Barendregt's lambda cube and were designed to provide a foundation for actual proof assistants which will verify proofs. Systems of illative combinatory logic or lambda calculus, ICLs, were introduced by Curry and Church as a foundation for logic and mathematics. In an earlier paper we considered two changes to the rules of the PTSs which made these rules more like ICL rules. This led to four (...) kinds of PTSs. Most importantly PTSs are about statements of the form M:A, where M is a term and A a type. In ICLs there are no explicit types and the statements are terms. In this paper we show that for each of the four forms of PTS there is an equivalent form of ICL, sometimes if certain conditions hold. (shrink)

Andrzej Kisielewicz has proposed three systems of double extension set theory of which we have shown two to be inconsistent in an earlier paper. Kisielewicz presented an argument that the remaining system interprets ZF, which is defective: it actually shows that the surviving possibly consistent system of double extension set theory interprets ZF with Separation and Comprehension restricted to 0 formulas. We show that this system does interpret ZF, using an analysis of the structure of the (...) ordinals. (shrink)

Productivity and exploitation theories of distribution are identified as alternative discursive systems. Both are shown to have analytic and interpretive strengths but also to be relative vis-á-vis the bases by which conclusions in terms of exploitation and productivity, respectively, are reached and stated. A third, nonideological (and therefore less emotionally satisfying) alternative mode of discourse is suggested: appropriation theory, focussing on power and inequality but without normative judgment. The work of Max Weber is used to illustrate appropriation theory.

In this article, I address the epistemological role that geometry plays in Kepler’s Harmonices Mundi Libri V and argue that the framework he develops there is meant to address concerns regarding the confirmation of astronomical hypotheses, which are supported by comments in earlier works regarding empirical underdetermination. The geometrical epistemology that he constructs to combat these concerns in the Harmonices Mundi is introduced in Book I and then is extended to his theory of harmonic proportion in Book III, finally (...) providing the foundation for his derivation of the planetary motions in Book V. To argue for these claims, I begin by discussing Kepler’s concern with underdetermination in earlier works. Then I turn to the Harmonices Mundi and argue that Kepler seeks to provide a geometrical system that directly links the theorist with the world. Finally, I show how he applies this system to his astronomy via his harmonic theory. This account not only helps us to understand Kepler’s scientific methodology better but also sheds light on Kepler’s enthusiasm for the results of the Harmonices Mundi by showing how they provide an example of the successful application of his geometrical epistemology. (shrink)

"Lesniewski defined ontology, one of his three foundational systems, as 'a certain kind of modernized 'traditional logic' [On the foundations of mathematics (FM), p. 176]. In this respect it is worth bearing in mind that in the 1937-38 academic year Lesniewski taught a course called "Traditional 'formal logic' and traditional 'set theory' on the ground of ontology"; cf. Srzednicki and Stachniak, S. Lesniewski's Systems. Protothetic, 1988, p. 180. On this see Kotarbinski Gnosiology. The scientific approach to the theory of (...) knowledge, 1966, pp. 253-54 [the Polish original was published in 1929], which Lesniewski praised in [FM]: see in particular pp. 373 ff. Kotarbinski noted that Lesniewski "calls his system 'ontology' in harmony with certain terms used earlier (as in.. (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)

A new probabilistic-informational concept, earlier constructed by Mugur-Schächter, is further developed. Associated with Jaynes's principle, this concept permits one to define a measure for the distance between the state of a system evolving under stable constraints and the equilibrium with these constraints. An illustration is given for a gas evolving in a thermostated box. It appears that the free energy of the gas estimates the distance to equilibrium, the estimation being defined in abstract informational-probabilistic terms.

In this article, we expand the analytical and theoretical foundations of the study of knowledge commons in the context of more classical agrarian commons, such as seed commons. We show that it is possible to overcome a number of criticisms of earlier work by Ostrom on natural commons and its excludability/rivalry matrix in addressing the inclusive social practices of “commoning”, defined as a way of living and acting for the preservation of the commons. Our empirical analysis emphasizes, using (...) the most recent advances in the IAD/ses framework, the distributed and collaborative knowledge governance in a French peasant seed network as a key driver for reintroducing cultivated agrobiodiversity and on-farm seed conservation of ancient and landrace varieties. These inclusive peasant seed groups developed alternative peer-to-peer models of collaborative peasant-led community-based breeding and grassroots innovations in the search for more resilient population varieties. Our results highlight the various models of collective action within the network and discuss the organizational tradeoffs of opting out of peasant seed activities and recreating a shared collective knowledge base on the benefits of restoring cultivated agrobiodiversity. It helps us better understand how modern peasant seed groups function as epistemic communities which contributes to envisioning alternative agricultural systems. (shrink)

Turkish culture is based on tolerance, the product of the unique Islam–Turkish synthesis. This synthesis is crucial today for a more balanced perception of Islam because it opposes extremism and the terror that is associated with it. The Turkish–Ottoman Empire followed earlier traditions and set up a system based on tolerance towards its ethnically diverse subjects. It was due to this exceptional system assuring stability and freedom of conscience that the Empire was able to hold together people (...) of different religions, languages and races, and to protect and preserve different cultures and languages. This tradition of tolerance and harmony lives on in modern Turkey. Although today there are bound to be certain misinterpretations of Islam, the majority of Turks firmly oppose intolerance and terrorism. (shrink)

This essay discusses the trade-off between the opportunities and the dangers involved in technological change. It is argued that Artificial Intelligence technology, if properly used, could contribute substantially to coping with some of the major problems the world faces because of the highly complex interconnectivity of modern human society.In order to lay the foundation for the discussion, the symptoms of general unease which are associated with current technological progress, the concept of reality, and the field of Artificial Intelligence are very (...) briefly discussed. In the main body of the essay, the dangers are contrasted with the potential benefits of such high technology. Besides discussing more well-known negative and positive aspects we elaborate on the disadvantages of executive systems and the advantages of legislative systems. It is argued that only the latter might enable the re-establishment of the feedback-mechanism which proved so successful in earlier phases of evolution. (shrink)

The increased visibility of feminism in mainstream culture has recently been noted, with the presence of both online and offline campaigns embedding feminist claims in a variety of everyday spaces. By granting recognition to women’s experiences, these campaigns continue the feminist practice of generating critical knowledge on the basis of gendered experience. In the post-truth era, however, the norms governing claims-making are being significantly reconstructed, with significant consequences for critiques of gender inequality. It is argued here that these norms are (...) linked directly to a wider context of anti-feminism in which dismissing women’s claims is consistent with the goal that opponents of gender equality have of seeking and consolidating epistemic power in the face of what is perceived as systemic male disadvantage and victimhood. Returning to earlier debates within feminism, it is argued that the kinds of post-truth rhetoric used to dismiss women’s experience provide a challenge that feminism must confront. This rhetoric is often grounded in the authenticity of individual experience; however, experience cannot provide unmediated access to truth and, therefore, cannot provide the foundation for feminist claims. On the other hand, experience cannot merely offer one of many contested versions of ‘reality’. The excesses of both foundationalist and anti-foundationalist epistemology are countered with the argument that cognition is a human practice mediated by theoretical propositions which illuminate the question of what can be known. This is the role played by feminist theory in defending the role of experience. (shrink)

Alfred North Whitehead (1861–1947) quotably wrote in 1929 that “the safest general characterization of the European philosophical tradition is that it consists of a series of footnotes to Plato.”1 The same could be said, perhaps with even greater accuracy, of the twentieth-century Euro-American philosophical tradition and Immanuel Kant (1724–1804).2 In this sense the twentieth century was the post-Kantian century. Twentieth-century philosophy in Europe and the USA was dominated by two distinctive and (after 1945) officially opposed traditions: the analytic tradition and (...) the phenomenological tradition. Very simply put, the analytic tradition was all about logic and analyticity,3 and the phenomenological tradition was all about consciousness and intentionality.4 (See also “The birth of analytic philosophy,” Chapter 1; “The development of analytic philosophy: Wittgenstein and after,” Chapter 2; “American philosophy in the twentieth century,” Chapter 5; and “Phenomenology,” Chapter 15.) Ironically enough however, despite their official Great Divide, both the analytic and the phenomenological traditions were essentially continuous and parallel critical developments from an earlier dominant neo-Kantian tradition. This, by the end of the nineteenth century had vigorously reasserted the claims of Kant’s transcendental idealism against Hegel’s absolute idealism and the other major systems of post-Kantian German Idealism, under the unifying slogan “Back to Kant!” So again ironically enough, both the analytic and phenomenological traditions were alike founded on, and natural outgrowths from, Kant’s Critical Philosophy. By the end of the twentieth century however, and this time sadly rather than ironically, both the analytic and phenomenological traditions had not only explicitly rejected their own Kantian foundations and roots but also had effectively undermined themselves philosophically, even if by no means institutionally.. (shrink)

This chapter introduces the topics investigated in this book and it frames them in a broader historical and philosophical analysis of programming and computing technology.

The integration of reasoning and computation services across system and language boundaries has been mostly treated from an engineering perspective. In this paper we take a foundational point of view. We identify the following form of integration problems: an informal (mathematical; i.e, logically underspecified) specification has multiple concrete formal implementations between which queries and results have to be transported. The integration challenge consists in dealing with the implementation-specific details such as additional constants and properties. We pinpoint their role in (...) safe and unsafe integration schemes and propose a proof-theoretic solution based on modular theory-graphs that include the meta-logical foundations. This also gives a clean conceptual basis for earlier attempts that explain integration via “content/semantic markup”. (shrink)

Our concept of the universe and the material world is foundational for our thinking and our moral lives. In an earlier contribution to the URAM project I presented what I called 'the ultimate organizational principle' of the universe. In that article (Grandpierre 2000, pp. 12-35) I took as an adversary the wide-spread system of thinking which I called 'materialism'. According to those who espouse this way of thinking, the universe consists of inanimate units or sets of material such (...) as atoms or elementary particles. Against this point of view on reality, I argued that it is 'logic', which exists in our inner world as a function of our mind, that is the universal organizing power of the universe. The present contribution builds upon this insight. Then I focussed on rationality; now I am interested in the responsibility that is the driving force behind our effort to find coherence and ultimate perspectives in our cosmos. It is shown that biology fundamentally differs from physics. Biology has its own fundamental principle, which is formulated for the first time in history in a scientific manner by Ervin Bauer. This fundamental principle is the cosmic life principle. I show that if one considers the physical laws as corresponding to reality, as in scientific realism, than physicalism becomes fundamentally spiritual because the physical laws are not material. I point out that the physical laws originate from the fundamental principle of physics which is the least action principle. I show that the fundamental principle of physics can be considered as the "instinct of atoms". Our research has found deep and meaningful connections between the basic principle of physics and the ultimate principles of the universe: matter, life and reason. Therefore, the principle of least action is not necessarily an expression of sterile inanimateness. On the contrary, the principle of physics is related to the life principle of the universe, to the world of instincts behind the atomic world, in which the principles of physics, biology, and psychology arise from the same ultimate principle. Our research sheds new light to the sciences of physics, biology, and psychology in close relation to the basic principles. These ultimate principles have a primary importance in our understanding of the nature of Man and the Universe, together with the relations between Man and Nature, Man and the Universe. The results offer new foundations for our understanding our own role in the Earth, in the Nature and in the Universe. Even the apparently inanimate world of physics shows itself to be animate on long timescales and having a kind of pre- human consciousness in its basic organisation. This hypothesis offers a way to understand when and how the biological laws may direct physical laws, and, moreover, offers a new perspective to study and understand under which conditions can self-consciousness govern the laws of biology and physics. This point of view offers living beings and humans the possibility of strengthening our natural identity, and recognising the wide perspective arising from having access to the deepest ranges of our own human resources and realising the task for which human and individual life has been created. (shrink)

The paper presents an infinite hierarchy PR m [ m = 1, 2, . . . ] of sound and complete axiomatic systems for modal logic with graded probabilistic modalities , which are to reflect what I have elsewhere called the Bolding-Ekelöf degrees of evidential strength as applied to the establishment of matters of fact in law-courts. Our present approach is seen to differ from earlier work by the author in that it treats the logic of these graded modalities (...) not only from a semantical or model-theoretic viewpoint but from a prooftheoretical and axiomatic stance as well. A paramount feature of the approach is its use of so-called systematic frame constants as labels of diverse grades of probability. Apart from this novel feature our approach can be seen to go back to pioneering work by Lou Goble in 1970. (shrink)

Ethics is of vital importance to the Swedish educational system, as in many other educational systems around the world.Yet, it is unclear how ethics should be dealt with in school, and prior research and evaluations have found serious problems regarding ethics in education.The field of moral education lacks clear and widely accepted definitions of key concepts, and these ambiguities negatively impact both research and educational practice. This thesis draws a distinction between three approaches to ethics in school – the (...) descriptive ethics approach, the value transmission approach, and the inquiry ethics approach – and studies in what way (if at all) they are prescribed by the national curriculum for the Swedish compulsory school, how they relate to students’ moral reasoning about technology choices and online behaviour, and what pedagogical merits and disadvantages they have. Hopefully, this both contributes to reducing the ambiguities of the field, and to answering the question of how ethics should be dealt with in education. The descriptive ethics approach asserts that school should teach students empirical facts about ethics, such as what views and opinions people have. The value transmission approach holds that school should mediate some set of predefined values to the students and make sure the students come to accept these values.The inquiry ethics approach is the view that school should teach students to reason and think critically about ethics and to engage in ethical inquiry. The role of ethics in the curriculum has not been studied in light of the above distinction, in prior research,and such an investigation is undertaken here.The results suggest that ethics has a prominent, but complicated, role in the Swedish national curriculum. Although no explicit distinction is drawn or acknowledged in the curriculum, all three approaches are prescribed throughout the curriculum, albeit to different degrees. In the general section of the curriculum, the value transmission and inquiry ethics approaches are more extensively prescribed than the descriptive ethics approach. It was found that most of the syllabi contained explicit references to ethics, while some only contained implicit references to ethics, and two syllabi lacked references to ethics altogether. In the syllabi, the inquiry ethics approach is the most dominant, both in the sense of being present in the most syllabi, and in the sense of being more strongly prescribed in many of the syllabi where several approaches occur.The value transmission approach has the weakest role in the syllabi. In total, the inquiry ethics approach is the approach most strongly prescribed by the curriculum. But prior research has shown that inquiry ethics is very rarely implemented in the classroom. In this thesis, it is found that the inquiry ethics and the value transmission approaches are incompatible, given certain reasonable interpretations, which makes the finding that inquiry ethics is rarely implemented less surprising, since value transmission is practiced in schools. Some possible causes, and some consequences, of this is discussed. The students, in their moral reasoning about technology choices, reasoned in accordance with several classical normative theories – including consequentialism, deontological ethics and virtue ethics – and in doing so, they expressed reasoning that in the discussion is found to be in conflict with the values of the value foundation in the curriculum. These findings complement earlier findings, for example that students in their actions contradict the value foundation, by adding that such conflicts also exist in their reasoning. The existence of these conflicts is found to be problematic for a value transmission approach. Many of the students defended very restrictive views on disclosing personal information online, and prior research as well as the present data has shown that adults typically hold views that are very similar to these, concerning how they think that young people ought to act online. On the other hand, youths’ actual online behaviour, as reported in earlier studies, differs considerably from this. In line with this, the students also seemed to endorse a form of private morals view, according to which moral choices are simply up to one’s own taste, which would yield an escape exit from the restrictive views mentioned above, and permit any behaviour. In the discussion, it is argued that this is the result of an attempt at value transmission from the grown-up community, probably including teachers, which might seem to work, since the students claim to hold certain views, but which likely instead constitutes a false security, since these values are not actually accepted, but only paid lip service to, and the adults are therefore wrong in their belief that the students are protected by a certain set of values (that they think the students are upholding), since the students in fact do not uphold, and therefore do not act based upon, these values. This situation risks making the students more vulnerable than had no value transmission attempt been taken in the first place. Hence, the attempted value transmission runs the risk of counteracting its purpose of helping the students acquire a safe online behaviour. Throughout the moral reasoning mentioned above, extensive variations in the students’ reasoning were found, both interpersonally and intrapersonally, both in the decision method and in the rightness criterion dimensions, as well as in between the dimensions.The existence of such variations is a novel finding, and while possible applications in future research are discussed, it is also noted that this existence constitutes a reason to question the successfulness of both the value transmission and the inquiry ethics endeavours of the educational system. The results and discussions described above highlight the importance of investigating the merits of the different approaches. Several arguments that arise from the material of this thesis are presented, evaluated and discussed. The ability of each approach to fulfil some alleged key aims of ethics education is scrutinised; their abilities to educate for good citizenship, to educate for quality of life of the individual, and to facilitate better educational results in other subjects are all investigated, as well as the ability of each approach to help counteract the influence from online extremist propaganda aimed at young people and to promote safe online behaviour in general. It is concluded that the inquiry ethics approach has the strongest support from the material of this thesis. Some consequences for school practice are discussed, and it is concluded that changing the role of ethics in the curriculum would be beneficial, downplaying the role of value transmission and further increasing, and making more explicit and clear, the role of inquiry ethics. It is also shown that there are strong reasons for the inclusion of a new subject in the Swedish compulsory education with special focus on ethics. 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In lieu of an abstract, here is a brief excerpt of the content:Response to Graham McPhail, “Too Much Noise in the Classroom? Towards a Praxis of Conceptualization,” Philosophy of Music Education, 26, No. 2 (2018): 176–98.Patrick K. Freer“Are you all right, Sir?” asked the head trainer. I was on the treadmill at the gym, reading Graham McPhail’s “Too Much Noise in the Classroom?”1 as I worked up a sweat. Apparently I got so engaged by McPhail’s writing that my heart rate (...) spiked sufficiently to trigger a warning monitor at the front desk. I suspect not many others at the gym would agree that McPhail’s article qualifies as a pulse-racing, spine-tingling thriller. Still, I found the article to be revelatory in its content, scope, and style. In this brief essay, I will provide a few contextual and reflective comments regarding elements of his argument, state why I feel McPhail’s article is important, and describe two examples of how I plan to use his article as a framework for the consideration of philosophical concepts in music education.NOISE“Noise” is a curious word. The term has etymological origins in the Latin “nausea” with its connotations of discomfort and it gradually became associated [End Page 87] with “discord” or “quarrel” during the medieval period.2 The “noise” referenced in McPhail’s article title is akin to statistical noise in a research study: random data points that are discordant with the underlying facet being revealed or examined. McPhail likens this concept of noise to some current conversations about music education’s curricular and pedagogical foundations, specifically those centered on the aesthetic versus paraxial debates and with “political, emancipatory, and social justice aspirations.”3 McPhail writes that resultant pedagogies can unwittingly inhibit intended musical outcomes when “teachers decide not to ground knowledge in use in the systems of meaning from which they are derived.”4 These systems of meaning, McPhail offers, are concentrated in music’s “universal or context-independent concepts”5 from which arise the questions “what are these systems of meaning?” and “how can we make them meaningful for students?”6 These questions imply distinctions between epistemology and pedagogy and they necessitate consideration of a child’s cognitive growth in order for the answers to guide a teacher toward the development of meaningful educative processes in classrooms.7CURRICULUM AND PEDAGOGYA central point of McPhail’s argument is that proponents of postmodern approaches to music education occasionally conflate pedagogy with curriculum. This can be seen in our professional journals, for example, when authors position music as the means to any number of activist ends rather than focusing on the teaching and learning of music through emancipatory principles.8 McPhail argues, correctly in my view, that music’s praxis should inform the various pedagogies we might employ when teaching music, while the conceptualization of music provides the core content of what it is we are to teach in the first place. That curricular dilemma, how versus what, is the crucible necessary to balance our conversations about equity and relevance in—and to—music education. It is possible to realize approaches to pedagogy that embrace vernacular musics, reflect social issues, and promote consciousness of action and reaction. These approaches should certainly be thought provoking, engaging, and relevant to the lives of students. But, without a defined curricular plan for guiding students to musical understandings that cumulatively build toward increasing levels of expertise, it is unlikely that the music education endeavor will be as efficient or empowering as it might otherwise be.In a 2014 essay, McPhail wrote that schools can offer the conceptual grounding that expands possibilities for students through “knowledge that is context-independent rather than context-dependent.”9 McPhail argues that this approach to teaching invokes principles of social justice itself as it provides formal knowledge [End Page 88] that students can then apply to informal contexts beyond the classroom. McPhail offers in his earlier work that “if the boundaries between informal knowledge and the more formal knowledge offered in the school are dissolved students may be at a loss to see what school can actually offer them.”10PEDAGOGY AND CHILD DEVELOPMENTMcPhail identifies music’s underlying, related concepts as one of three... (shrink)

Among the alternatives of non-relativistic quantum mechanics (NRQM) there are those that give different predictions than quantum mechanics in yet-untested circumstances, while remaining compatible with current empirical findings. In order to test these predictions, one must isolate one’s system from environmental induced decoherence, which, on the standard view of NRQM, is the dynamical mechanism that is responsible for the ‘apparent’ collapse in open quantum systems. But while recent advances in condensed-matter physics may lead in the near future to experimental (...) setups that will allow one to test the two hypotheses, namely genuine collapse vs. decoherence, hence make progress toward a solution to the quantum measurement problem, those philosophers and physicists who are advocating an information-theoretic approach to the foundations of quantum mechanics are still unwilling to acknowledge the empirical character of the issue at stake. Here I argue that in doing so they are displaying an unwarranted double standard. r 2007 Elsevier Ltd. All rights reserved. (shrink)

In 1976, I met John Bell several times in CERN and we talked about a possible violation of optical theorem, purity tests, EPR paradox, Bell’s inequalities and their violation. In this review, I resume our discussions, and explain how they were related to my earlier research. I also reproduce handwritten notes, which I gave to Bell during our first meeting and a handwritten letter he sent to me in 1982. We have never met again, but I have continued to (...) discuss BI-CHSH inequalities and their violation in several papers. The research stimulated by Bell’s papers and experiments performed to check his inequalities led to several important applications of quantum entanglement in quantum information and quantum technologies. Unfortunately, it led also to extraordinary metaphysical claims and speculations which in our opinion John Bell would not endorse today. BI-CHSH inequalities are violated in physics and in cognitive science, but it neither proved the completeness of quantum mechanics nor its nonlocality. Quantum computing advantage is not due to some magical instantaneous influences between distant physical systems. Therefore one has to be _cautious in drawing-far-reaching philosophical conclusions from Bell’s inequalities_. The true resource for quantum computing is contextuality and not nonlocality. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bishop Berkeley Exorcises the Infinite: Fuzzy Consequences of Strict Finitism1 David M. Levy Introduction It all began simply enough when Molyneux asked the wonderful question whether a person born blind, now able to see, would recognize by sight what he knew by touch (Davis 1960). After George Berkeley elaborated an answer, that we learn to perceive by heuristics, the foundations ofcontemporarymathematics wereinruin. Contemporary mathematicians waved their hands and (...) changed the subject.2 Berkeley's answer received a much more positive response from economists. Adam Smith,in particular, seizedupon Berkeley's doctrine that welearn to perceive distance tobuild anelaborate system in which one learns to perceive one's self-interest.3 Perhaps because older histories of mathematics are a positive hindrance in helping us understand the importance of Berkeley's argument against infinitesimals,4 its consequences for economics have passed unnoticed. If infinitesimal numbers are ruled out, and we wish to maintain an algebra, then we rule out infinite numbers. This implication of Berkeley's argumenthas a dramatic implication for our understanding ofthe history ofideas about rule-directed action. Let me motivate this claim with a well-known historical problem. The social doctrine set forth by John Locke outside the Two Treatises depends critically upon individual belief about possible states of infinite pain or pleasure. The critical issue for the intolerance of atheism in Locke's system is his claim that without beUefin the infinite bliss of heaven forgone by a criminal, there is no reason to think a calculating individual will avoid crime.5 Locke's discussion is so different from the discussion of religion by David Hume and Smith. Here, questions of the substance of belief—the infinite worth of Heaven—have largely vanished.6 What happened between Locke and Hume-Smith? One answer is Pierre Bayle and Bernard Mandeville. Berkeley's doctrine that only the finite is perceived is, I think, a better answer. Out of sight, out ofmind. In this paper I propose to give a close look at the content and consequences ofBishop Berkeley's once famous Towards a New Theory ofVision. While there are other aspects ofBerkeley's work that attract Volume XVIII Number 2 511 DAVID M. LEVY attention from historians ofeconomics,7 1 shall claim that Berkeley's insight into human perception in the Theory of Vision is central to Adam Smith's attempt to found economic behaviour on the self-awareness of systematic illusion. There is no doubt that Smith finds that much ofhuman behaviour is characterized by illusion.8 The difficulty arises, or so it seems to me, from modern unwilUngness to beheve that illusion can be systematic. There are four pieces to my argument. First, we consider Berkeley's statementofwhat we shall call his doctrine ofstrict finitism in perception.9 Berkeley puts forward two postulates: 1) there exists some minimum perceptible quantity, and 2) distance is not perceived directly but by experience. Second, we define strict finitism and demonstrate that it translates into the claim that perception is fuzzy in a technical sense. If Berkeleian perception is fuzzy, then some modern criticism of Berkeley's strict finitism is based upon a simple misunderstandingofthe propertiesoffuzzyrelations. Thisis quite easy to set right. (Getting right the doctrine of those who implicitly take perception to be fuzzy—Adam Smith is my prime candidate—will be muchharder.)Third, wereconsiderBerkeley's dispute withMandeville on the role ofinfinite gain in choice. Here, we find Mandeville putting forward the Berkeleian position that if infinite amounts mattered, people would not behave as they do. Berkeley's position against Mandeville, however, seems to depend upon the supposition that infinite distance is sensible.10 Earlier, however, the position that Mandeville argued for was defended by Berkeley. Fourth, we ask why all this isn't well known. The debate between Berkeley and Mandeville has been well studied, as has been the link between Berkeley and the Scots. In fact, our work focuses on one aspect of Berkeley's work that led to his challenge of the contemporary foundations of the calculus. If sense is a matter of perception, and infinitesimals cannot be perceived, then they are quite literally nonsense. Armed with this insight, Berkeley refuted contemporary mathematics. Nevertheless, the calculus was too... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Bishop Berkeley Exorcises the Infinite: Fuzzy Consequences of Strict Finitism1 David M. Levy Introduction It all began simply enough when Molyneux asked the wonderful question whether a person born blind, now able to see, would recognize by sight what he knew by touch (Davis 1960). After George Berkeley elaborated an answer, that we learn to perceive by heuristics, the foundations ofcontemporarymathematics wereinruin. Contemporary mathematicians waved their hands and (...) changed the subject.2 Berkeley's answer received a much more positive response from economists. Adam Smith,in particular, seizedupon Berkeley's doctrine that welearn to perceive distance tobuild anelaborate system in which one learns to perceive one's self-interest.3 Perhaps because older histories of mathematics are a positive hindrance in helping us understand the importance of Berkeley's argument against infinitesimals,4 its consequences for economics have passed unnoticed. If infinitesimal numbers are ruled out, and we wish to maintain an algebra, then we rule out infinite numbers. This implication of Berkeley's argumenthas a dramatic implication for our understanding ofthe history ofideas about rule-directed action. Let me motivate this claim with a well-known historical problem. The social doctrine set forth by John Locke outside the Two Treatises depends critically upon individual belief about possible states of infinite pain or pleasure. The critical issue for the intolerance of atheism in Locke's system is his claim that without beUefin the infinite bliss of heaven forgone by a criminal, there is no reason to think a calculating individual will avoid crime.5 Locke's discussion is so different from the discussion of religion by David Hume and Smith. Here, questions of the substance of belief—the infinite worth of Heaven—have largely vanished.6 What happened between Locke and Hume-Smith? One answer is Pierre Bayle and Bernard Mandeville. Berkeley's doctrine that only the finite is perceived is, I think, a better answer. Out of sight, out ofmind. In this paper I propose to give a close look at the content and consequences ofBishop Berkeley's once famous Towards a New Theory ofVision. While there are other aspects ofBerkeley's work that attract Volume XVIII Number 2 511 DAVID M. LEVY attention from historians ofeconomics,7 1 shall claim that Berkeley's insight into human perception in the Theory of Vision is central to Adam Smith's attempt to found economic behaviour on the self-awareness of systematic illusion. There is no doubt that Smith finds that much ofhuman behaviour is characterized by illusion.8 The difficulty arises, or so it seems to me, from modern unwilUngness to beheve that illusion can be systematic. There are four pieces to my argument. First, we consider Berkeley's statementofwhat we shall call his doctrine ofstrict finitism in perception.9 Berkeley puts forward two postulates: 1) there exists some minimum perceptible quantity, and 2) distance is not perceived directly but by experience. Second, we define strict finitism and demonstrate that it translates into the claim that perception is fuzzy in a technical sense. If Berkeleian perception is fuzzy, then some modern criticism of Berkeley's strict finitism is based upon a simple misunderstandingofthe propertiesoffuzzyrelations. Thisis quite easy to set right. (Getting right the doctrine of those who implicitly take perception to be fuzzy—Adam Smith is my prime candidate—will be muchharder.)Third, wereconsiderBerkeley's dispute withMandeville on the role ofinfinite gain in choice. Here, we find Mandeville putting forward the Berkeleian position that if infinite amounts mattered, people would not behave as they do. Berkeley's position against Mandeville, however, seems to depend upon the supposition that infinite distance is sensible.10 Earlier, however, the position that Mandeville argued for was defended by Berkeley. Fourth, we ask why all this isn't well known. The debate between Berkeley and Mandeville has been well studied, as has been the link between Berkeley and the Scots. In fact, our work focuses on one aspect of Berkeley's work that led to his challenge of the contemporary foundations of the calculus. If sense is a matter of perception, and infinitesimals cannot be perceived, then they are quite literally nonsense. Armed with this insight, Berkeley refuted contemporary mathematics. Nevertheless, the calculus was too... (shrink)

This work investigates which conditions lead to co-driver discomfort aside from classical motion sickness, what characterizes uncomfortable situations, and why these conditions have a negative effect. The automobile is called a “passenger vehicle” as its main purpose is the transportation of people. However, passengers in the car are rarely considered in research concerning driving discomfort. The few studies in this area focus on driver discomfort, automated vehicles, or driver assistant systems. An earlier public survey indicated that discomfort is also (...) a relevant problem for co-drivers. In this paper, these results are confirmed and extended through an online questionnaire with N = 119 participants and a detailed follow-up interview study with N = 24 participants was conducted. The results of the online questionnaire show that co-driver discomfort is a widespread problem. The interviews indicate that the driving style is one factor contributing to co-driver discomfort, in particular close following or fast driving. In those situations, participants experienced a feeling of being exposed, which additionally contributed to their discomfort. Uncomfortable situations were also perceived as safety critical. A model for possible cognitive origins of discomfort in co-drivers, extending theories from the areas of stress and self-regulation, is developed based on the results. Co-driver discomfort is a common problem, highlighting the relevance of further research on supporting co-drivers. The reported correlations and the proposed model can help to explain the origin of this discomfort. The results provide a foundation for the future design of interventions like human machine interfaces aiming at reducing co-driver discomfort. (shrink)

Over the past few years we have seen an increasing number of legal proceedings related to inappropriately implemented technology. At the same time career paths have diverged from the foundation of statistics out to Data Scientist, Machine Learning and AI. All of these new branches being fundamentally branches of statistics and mathematics. This has meant that formal training has struggled to keep up with what is required in the plethora of new roles. Mathematics as a taught subject is still based (...) in decades old teaching specifications and has not been updated centrally as a curriculum to include new technologies, coding or ethics. This subject area is firmly split between ICT and Mathematics in secondary school, continuing on to be split between Computer Science and Mathematics at University. As we move forwards with technology we see these once seperate fields becoming increasingly intertwined. We propose that existing provision for concepts such as ethics and societal responsibility in analysis currently exist but have not been incorporated into the mainstream curriculum of School or University. This is partially due to the split between fields in an educational setting but also the speed with which education is able to keep up with Industry and its requirements. Principles and frameworks of socially responsible modelling beginning at school level means that ethics and real-life modelling are introduced much earlier than normal. Integrating these concepts with philosophical principles of society and politics ensures a suitable background for future modellers and users of technology to draw on. Modelling is currently undertaken in technical sciences at University but the Subject Benchmark Statements are not current (Subject Benchmark Statements describe the nature of study and the academic standards expected of graduates in specific subject areas. They show what graduates might reasonably be expected to know, do and understand at the end of their studies). Even in 2019 the UK did not yet have Benchmark Statements that discuss the learning to be done in Higher Education around AI and advanced Machine Learning. Where there is provision for AI and Data Science within degree courses ethics is not generally highlighted as a key concept. As such there can be a lack of focus on the teaching of modelling or ethics as specific skills. The skills required to use a basic statistical model, for example would not be sufficient to start from scratch and build an ethical model reflecting real-world scenarios with which to inform policy or organisational decision making. This is a skill in itself and includes such aspects as awareness of data quality, ethics, user implementation problems, context and an understanding of the environment that the model is being created in. As the field of analytics has progressed so quickly in the last decade modules such as those covering AI have simply been bolted on to Maths or Computing degrees rather than being fully detailed as key areas of study or driving new, more integrated courses of study. This paper posits that gaps at primary, secondary and tertiary educational levels need to be addressed. Implementing and integrating key concepts from school level is essential so that areas such as assumptions, caveats, quality assurance and answering the right questions with constructive challenge become a cultural fixture. This not only helps developers of technology but users of rapidly developing technology also. In addition, leadership and soft skills as part of this education will ensure that a cultural shift can take place and promote continuous improvement in analysis within organisations. The addition of key concepts throughout the educational system and the updating of potentially outdated curriculums is key to ensuring a functional society. A society where every citizen is a user of tech and those that develop it can be ethical and socially responsible in its development. (shrink)

This rare publication continues an exploratory journey in relational biology, a study of biology in terms of the organization of networked connections in living systems. It builds on the author's two earlier monographs which looked at the epistemology of life and the ontogeny of life. Here the emphasis is on the intangibility of life, that the real nature of living systems is conveyed not by their tangible material basis but by their intangible inherent processes. Relational biology is the approach (...) that hails 'function dictates structure'; it is mathematics decoded into biological realizations. Therefore, the work begins with a concise introduction to category theory, equiping the reader with the mathematical metalanguage of relation biology. The book is organized around three parts: Part I is a comprehensive study of the most important functor in relational biology, the power set functor. The author lays the set-theoretic foundations of the functorial connections in relational biology, exploring relations, mappings, and set-valued mappings. In Part II, Natural Law receives a new mathematical formulation founded on two axioms: 'Everything is a set.' and 'Every process is a set-valued mapping.' The reader sees how Metabolism-Repair networks, equipped with set-valued processors, expand their role from models of biological entities to generic models of all natural systems. Part III expounds the various shades of invertibility in general, and the inversion of encoding to decoding in particular. A plethora of mathematical and biological examples illustrate the category-theoretic concepts of equivalence and adjunction. This book's algebraic approach to biological models will appeal to researchers and graduate students in mathematics, biology, and the philosophy of science. (shrink)

This article focuses on examining the situation of organ trafficking in Africa from the aspect of pragmatist ethics. In the mainstream thought, the broader ethical dilemma of organ trafficking is viewed within the moral contestation of altruism as a rule for organ procurement and the resulting worldwide organ shortage. The incapability of altruistic transplant orthodoxy to serve as an applicable foundation for a public policy is considered as a reason for organ trafficking. In fact, to battle organ trafficking, utilitarian-inclined studies (...) suggest organ selling, compensated donations, and non-directed paid donations as practical alternatives. However, when investigating the context of organ trafficking in Africa, the issue goes beyond the mere moral dilemma of altruism and organ shortage. In the region, organ trafficking is rooted within more systemic, structural, socio-economic, and political problems, grounded in the abuse of transplantation, and connected to transplant tourism and migration, which needs a pragmatic multimodal solutions than the earlier mainstream pathways. In pragmatist ethics, the moral assessment and solutions to the underlying problems depend on the context wherein the moral problem arises. Pragmatist ethics does not stick to absolute moral theories; instead, it focuses on the relevant assessment of the felt moral problem in a given context and aims at seeking solutions afresh. Thus, in the subsequent sections, this article looks at the context of organ trafficking in Africa and reassesses it by incorporating it into the ethical debates of transplantation and organ procurements and trading. The final part of this article reflects on solutions with the reconsideration of the context of transplantation and organ trafficking in the region. (shrink)

Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. _Transforming Free Speech_ challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he (...) exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr., the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, _Transforming Free Speech_ will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States. (shrink)

The paper focuses on the constitutional foundations of the finance system of the Republic of Lithuania. Constitutional jurisprudence pays due respect to the issues of budget system, and to interpret and analyse tax problems. The main purpose of this paper is to analyse separate institutes of the financial system of Lithuania, reflected in the main law of the country – the Constitution, and how these norms are interpreted in the constitutional doctrine. Notably, although the main analysed (...) provisions are entrenched in the Chapter XI “Finances and state budget,” the paper is not restricted only on the analysis of these norms, but also provides a complex analysis of other connected norms and their interpretation in the constitutional jurisprudence. (shrink)

Contemporary civil libertarians claim that their works preserve a worthy American tradition of defending free-speech rights dating back to the framing of the First Amendment. _Transforming Free Speech_ challenges the worthiness, and indeed the very existence of one uninterrupted libertarian tradition. Mark A. Graber asserts that in the past, broader political visions inspired libertarian interpretations of the First Amendment. In reexamining the philosophical and jurisprudential foundations of the defense of expression rights from the Civil War to the present, he (...) exposes the monolithic free-speech tradition as a myth. Instead of one conception of the system of free expression, two emerge: the conservative libertarian tradition that dominated discourse from the Civil War until World War I, and the civil libertarian tradition that dominates later twentieth-century argument. The essence of the current perception of the American free-speech tradition derives from the writings of Zechariah Chafee, Jr., the progressive jurist most responsible for the modern interpretation of the First Amendment. His interpretation, however, deliberately obscured earlier libertarian arguments linking liberty of speech with liberty of property. Moreover, Chafee stunted the development of a more radical interpretation of expression rights that would give citizens the resources and independence necessary for the effective exercise of free speech. Instead, Chafee maintained that the right to political and social commentary could be protected independent of material inequalities that might restrict access to the marketplace of ideas. His influence enfeebled expression rights in a world where their exercise depends increasingly on economic power. Untangling the libertarian legacy, Graber points out the disjunction in the libertarian tradition to show that free-speech rights, having once been transformed, can be transformed again. Well-conceived and original in perspective, _Transforming Free Speech_ will interest political theorists, students of government, and anyone interested in the origins of the free-speech tradition in the United States. (shrink)