Advanced Cell Technology's Ethics Advisory Board has been called window dressing for a corporate marketing plan. But the scientists and managers have paid attention, and the lawyers have gone along.

In lieu of an abstract, here is a brief excerpt of the content:Journal of the History of Ideas 62.3 (2001) 523-541 [Access article in PDF] Antiquarianism, the History of Objects, and the History of Art before Winckelmann Thomas DaCosta Kaufmann [Figures] To the Memory of Franklin LeVan Baumer. In light of postmodernist and poststructuralist trends in the humanities which have contested notions of originality and of authorship, it might seem surprising that one outstanding myth of the eighteenth century has (...) not yet been thoroughly challenged. This is the claim made by Johann Joachim Winckelmann in the foreword to the Geschichte der Kunst des Altertums, originally published in 1764, that he had created a new history of art which was distinct from a history of artists and also different from what had previously been written about antiquities (Altertümer): The history of the art of antiquity, which I have undertaken to write, is no mere account of the chronological order and change of art, but I take the word history in the wider sense, that it has in the Greek language, and my intention is to offer an attempt at a system.... But the essence of art is in every part the most eminent aim, in which the history of artists has little influence, and this [sort of history of artists], which has been compiled by others, is therefore not to be sought here... those who have treated antiquities, examine either only such where erudition was to be applied, or, if they speak of art, this happens in part with common eulogies, or their judgment is built on peculiar, false grounds. 1 [End Page 523]Wolf Lepenies once described this claim as one of the many foundational myths of the Enlightenment and presented instead some parallels between the writing of art history and natural history in the eighteenth century. 2 As interest in the historiography of art has revived, publications have continued to pour forth on Winckelmann. 3 Yet the critique suggested by Lepenies has largely not been followed. Winckelmann's claim to originality remains a starting or major turning point for most accounts of the history of the discipline of art history. 4 [End Page 524]It may be that Winckelmann's claim has remained largely unchallenged because his differentiation of his accomplishment from that of Gelehrsamkeit in particular coincides with and helps to support another distinction made at his time, that between "philosophy," or criticism, and erudition, the latter being at best necessary but inferior. 5 This distinction, which was fostered by the philosophes and their counterparts in other countries, has been frequently heard in scholarly debates, and it is echoed in current discussions where empirical scholarship is disparaged in favor of what is often now called Theory. 6 Thus while in the twentieth century the Enlightenment came in for heavy going starting with at least the critique of Max Horkheimer and Theodor W. Adorno, 7 this is one Enlightenment opinion which, despite the rise of critical theory among other trends in recent scholarship, has gained in fashion, especially in the English-speaking world.But the contrast between philosophy, or critique, and erudition makes a distinction that is ultimately untenable, even if it is also one that has continued to dominate many views of the history of eighteenth-century scholarship. The case at hand suggests that supposed innovations of the eighteenth century in the historiography of art, as in many other fields of study, are much more bound up with late humanism and encyclopedism than their promulgators might have wished to admit. Scholars of a number of disciplines have begun to revise interpretations of the role of the so-called antiquarians of the sixteenth to eighteenth centuries--those who dealt with Altertümer. 8 Some recent studies of the historiography of art have pointed to some connections between the antiquarian tradition and that of the historiography of art. 9 These approaches, however, have primarily dealt with Italian and French writers and, moreover, have left Winckelmann's position largely untouched. 10 Winckelmann's situation in the [End Page 525] broader European historical and geographical context also remains... (shrink)

This anthology of readings in the survey of Western philosophy--from the Ancient Greeks to the 20th Century--is designed to be accessible to today's readers. Striking a balance between major and minor figures, it features the best available translations of texts--complete works or complete selections of works-- which are both central to each philosopher's thought and are widely accepted as part of the canon. The selections are readable and accessible, while still being faithful to the original. Includes Introductions to each historical (...) period and to each philosopher, and an abundance of drawings, diagrams, photographs, and a timeline. This Combined Volume contains the most important works from Baird's Philosophic Classics, Volumes I-V. ANCIENT GREEK PHILOSOPHY. Plato. Aristotle. HELLENISTIC PHILOSOPHY. Epicurus. Epictetus. Plotinus. MEDIEVAL PHILOSOPHY. Augustine. Boethius. Anselm (and Guanilo). Moses Maimonides. Thomas Aquinas. William of Ockham. Pico Della Mirandola. MODERN PHILOSOPHY. Ren Descartes. Thomas Hobbes. Blaise Pascal. Baruch Spinoza. John Locke. Gottfried Leibniz. George Berkeley. David Hume. Immanuel Kant. NINETEENTH-CENTURY PHILOSOPHY. G.W.F. Hegel. John Stuart Mill. Soren Kierkegaard. Karl Marx. Friedrich Nietzsche. TWENTIETH-CENTURY PHILOSOPHY. Edmund Husserl. Bertrand Russell. Martin Heidegger. Ludwig Wittgenstein. A.J. Ayer. Jean-Paul Sartre. Willard Van Orman Quine. Jacques Derrida. For anyone interested in Philosophy, History of Philosophy, or History of Intellectual Thought. (shrink)

The Anglo-American reception of Adorno has secularized his thought and thus missed its normative basis. In this article, the 'constella-tion', a central feature of Adorno's philosophy, is traced to Hermann Cohen's anti-immanentist notion of 'Korrelation' and to Benjamin's attempt to discover a radically Kantian and adamantly Jewish ontology and concept of the truth. Adorno's works are shown to limn a critical measure for being and for reason, based on a very un-Hegelian refusal of immanence and on a commitment to a (...) regulative, if not constative, principle of redemption. Key Words: Theodor W. Adorno • Walter Benjamin • Hermann Cohen • critical theory • neo-Kantianism • ontology • redemption • truth. (shrink)

Hegel and Prussianism, by T. M. Knox.--Reply, by E. F. Carritt.--Rebuttal, by T. M. Knox.--Final rejoinder, by E. F. Carritt.--Hegel rehabilitated? By S. Hook.--Hook's Hegel, by S. Avineri.--Hegel again, by Z. A. Pelczynski.--Hegel and his apologists, by S. Hook.--Hegel and nationalism, by S. Avineri.--The Hegel myth and its method, by W. Kaufmann.--For further reading (p. 172).

One thing we have found out about logical empiricism, now that people are examining it more closely again, is that it was more a framework for a number of related views than a single doctrine. The pluralism of different approaches among various adherents to the Vienna and Berlin groups has been much emphasized. Some have gone so far as to suggest that the kind of speculative philosophy now often called "continental" (including, say, phenomenology) can be seen as falling within the (...) framework of views shared by the Vienna Circle. Much is made of Felix Kaufmann's membership in the Vienna Circle, for instance, or of its "Austrian" roots in the phenomenology of Brentano. (shrink)

Perhaps the most remarkable thing about Professor Findlay's generally remarkable book is that it was written at all. Only a few years ago Hegel seemed to be the most discredited of philosophers: Professor Ryle was heard to say that he could not make sense of his writings “even as error”, and there were few avant-garde , or even moderately up-to-date, philosophers in Great Britain who were prepared to take them with any seriousness, let alone to give time to their elucidation. (...) It is true that Popper's portrait of Hegel as not only intellectually disreputable, but morally dishonest as well, was received with some incredulity; people could scarcely bring themselves to believe that matters were as bad as that, even before Mr. Kaufmann showed conclusively that they were not. But it is one thing to acquit Hegel of the charge of being a conscious fraud and another altogether to view his work with positive admiration. Despite hints to the effect that Hegel and Wittgenstein had views in common, it was not to be expected that someone as fully conversant with, and as appreciative of, recent philosophical work as is Professor Findlay should devote himself to a full-scale reassessment of Hegelianism and come out with a verdict which is very largely favourable. Yet it is just this that we find in the present book. (shrink)

MEDIEVAL LOGICS LAMBERT MARIE DE RIJK (ed.), Die mittelalterlichen Traktate De mod0 opponendiet respondendi, Einleitung und Ausgabe der einschlagigen Texte. (Beitrage zur Geschichte der Philosophie und Theologie des Mittelalters, Neue Folge Band 17.) Miinster: Aschendorff, 1980. 379 pp. No price stated. THE SEVENTEENTH CENTURY MARTA FATTORI, Lessico del Novum Organum di Francesco Bacone. Rome: Edizioni dell'Ateneo 1980. Two volumes, il + 543, 520 pp. Lire 65.000. VIVIAN SALMON, The study of language in 17th century England. (Amsterdam Studies in the Theory (...) and History of Linguistic Science, Series 111: Studies in theHistory of Linguistics, Volume 17.) Amsterdam: John Benjamins B.V., 1979.x + 218 pp. Dfl. 65. Theoria cum Praxi. Zum Verhaltnis von Theorie und Praxis im 17. und 18. Jahrhundert. (Akten des 111. Internationalen Leibnizkongress, Hannover, 12. bis 17.November 1977, Band 111: Logik, Erkenntnistheorie, Wissenschaftstheorie, Metaphysik, Theologie.) Wiesbaden: Franz Steiner Verlag, 1980. vii + 269 pp. DM 48. CLASSICAL AND NON-CLASSICAL LOGICS MICHAEL CLARK, The place of syllogistic in logical theory. Nottingham: University of Nottingham Press, 1980. ix + 151 pp. £3.00. A.F. PARKER-RHODES, The theory of indistinguishables. Dordrecht, Boston and London: D. Reidel Publishing Company, 1981. xvii + 216 pp. Dfl.90.00/$39.50. NICHOLAS RESCHER and ROBERT BRANDOM, The logic of inconsistency. Oxford:Basil Blackwell, 1980. x + 174 pp. f 11.50. MISCELLANEOUS J. ZELENY, The logic of Marx. Translated from the German by T. Carver. Oxford: Basil Blackwell, 1980. xcii + 247 pp. £12.50. FELIX KAUFMANN, The infinite in mathematics. Edited by Brian McGuinness. Introduction by E. Nagel. Translation from the German by Paul Foulkes. Dordrecht: Reidel, 1978. xvii + 235 pp. Dfl 85/$39.50 (cloth); Dfl 45/$19.95 (paper). PAMELA MCCORDUCK, Machines who think. San Francisco: W.H. Freeman and Company, 1979. xiv + 275 pp. $14.95. J. MITTELSTRASS (ed.), Enzyklopadie Philosophie und Wissenschaftstheorie Bd. 1 : A-G. Mannheim, Wien, Ziirich: Bibliographisches Institut, 1980. 835 pp. DM 128. (shrink)

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)

Arthura Kaufmanna filozofia prawa wyrasta przede wszystkim z neokantyzmu aksjologicznego reprezentowanego przez „późnego” Gustava Radbrucha, którego uważał on za najważniejszego ze swych nauczycieli, oraz z hermeneutyki filozoficznej Hansa-Georga Gadamera. W późniejszym okresie znaczący wpływ na Kaufmanna wywarł Charles S. Peirce, którego pracami posiłkował się opracowując problematykę analogii (wiążąc ją z opracowanym przez Pierca zagadnieniem abdukcji) oraz ontologii relacji. Niektóre wątki poglądów Kaufmanna nawiązują do egzystencjalizmu Karla Jaspersa oraz antropologii Karla Löwitha. Obecne są także inspiracje tomistyczne i arystotelesowskie. Jest to filozofia (...) prawa o charakterze maksymalistycznym. Kaufmann wpisuje się w sięgającą starożytności tradycję uprawiania filozofii, w której stawia się pytania o całość; filozofia pyta o to, co to jest "byt w ogóle", byt "w całości"; filozofia prawa stawia pytania o to, co to jest prawo "w całości", prawo "w ogóle" . Podejmuje wprost fundamentalne zagadnienia należące do zasadniczych dziedzin filozoficznych – epistemologiczne, ontologiczne, etyczne, nie stroniąc także od zagadnień z zakresu logiki. Uprawiana przez niego filozofia ma charakter systemowy, co sprawia, że jej zrozumienie zakłada ujęcie całości propozycji. Sam Kaufmann uważa, że systemy filozofii prawa należą już do historii, jednak ta uwaga jest o tyle jedynie trafna w odniesieniu do niego samego, że jego filozofia prawa – w zgodzie z jego deklaracjami – nie zmierza do „gotowych rozwiązań” konkretnych kwestii prawnych, ale zmierza do ukształtowania pewnego sposobu refleksji nad prawem. Jego koncepcja jest ważnym głosem w sporze klasycznego pozytywizmu z koncepcjami niepozytywistycznymi. Za prawo w pełnym tego słowa znaczeniu uznaje konkretne rozstrzygnięcie, co niewątpliwie łączy jego podejście z amerykańskim realizmem prawnym. Rekonstruowana przez Kaufmanna struktura procesu „urzeczywistniania” prawa, dokonywana w kontekście i na użytek kultury prawnej typu kodeksowego, kontynentalnego, uwyraźnia obecność elementów typowych dla kultury prawa precedensowego –wnioskowanie od przypadku do przypadku. Jednocześnie za istotny problem każdego porządku normatywnego uznaje uogólnienie. Jest to znamienny teoretyczny wyraz narastającej świadomości współwystępowania obok siebie zasadniczych elementów każdego z tych typów kultur prawnych. Kaufmann trafnie dostrzega, że w konkretnym rozstrzygnięciu są obecne elementy normatywne wykraczające poza to, co jest zawarte w aktach normatywnych. Podobnie jak Ronald Dworkin, Kaufmann wskazuje, że dokonujący rozstrzygnięcia, czy tego chce, czy nie, „stosuje” szereg elementów normatywnych spoza aktów normatywnych. Analizy prowadzą do wniosku, że propozycja Kaufmanna zawodzi, gdy przechodzi on do ontologicznych uogólnień, przede wszystkim przez brak uwzględnienia w swych podstawach takich punktów odniesienia, które są zewnętrzne wobec badanego procesu „urzeczywistniania” prawa. To, czym jest osoba, determinowane jest systemem prawnym i kulturą, w której prawo funkcjonuje. Przy takim ujęciu Kaufmann nie osiąga jednego z ważnych celów, do którego zmierzał, nie wskazuje kryteriów pozwalających stwierdzić, czy stopniowa – dokonywana zgodnie z odkrytymi przez hermeneutykę filozoficzną wymaganiami poprawnego rozumienia – zmiana normatywnego sensu systemu prawnego zmierza ku „ustawowemu bezprawiu”, czy też nie. (shrink)

Tekst dotyczy zaproponowanej przez Arthura Kaufmanna koncepcji prawa do sprzeciwu (wobec władzy - wobec niesprawiedliwych ustaw) "w drobnej monecie". Koncepcja ta stanowi punkt wyjścia do refleksji nad formułą Radbrucha (nad czymś, co określam mianem "ciemnej strony" formuły Radbrucha), nad możliwością modyfikacji tej formuły i nad rozproszoną kontrolą konstytucyjności jako sposobem realizacji prawa do sprzeciwu "w drobnej monecie".

In lieu of an abstract, here is a brief excerpt of the content:378 HISTORY OF PHILOSOPHY these churches to deal reasonably with frontier conditions and popular prejudices is common knowledge, but it is often forgotten that their founder and guide during the critical days of growth was also an exponent of the late Scottish Enlightenment. To make this careful analysis of Campbell's philosophy, as an extraordinary specimen of empirical method, is a welcome achievement by an experienced empiricist. The volume also (...) contains a Foreword by President Perry E. Gresham of Bethany College, and a comprehensive bibliography of Campbell's writings compiled by Claude E. Spencer. HERBERT W. SCHNEIDER Claremont, Cali]ornia Hegel's First American Followers, The Ohio Hegelians: J. B. Stallo, Peter Kau]mann, Moncure Conway, August WiUich. By Loyd D. Easton. (Athens, Ohio: Ohio University Press, 1966. Pp. lx + 353. $7.00.) This expansion of the theme outlined in Professor Easton's article of 1962 gives us fulllength accounts of the careers and ideas of four picturesque characters of the Ohio River Valley during the 19th century. The four had little in common except Hegel, and even him they did not really share, for they interpreted him differently and used him for different interests. The author is somewhat generous in calling them "Hegelians" and "followers" of Hegel, for like practically all those Americans who have been influenced by Hegel, they followed him at a safe distance and not very long. But this diversity makes Easton's account all the more fascinating. He portrays not only four characters but also the culture of Cincinati and its environment. J. B. Stallo is better known among American historians and philosophers than the other three, and deservedly so, for he was more philosophical. But he gains in stature here, noteworthy not only for his philosophy of nature but also as a prominent citizen, judge of a Superior Court, and political leader of a large German community. Stallo had two very different careers: the early Catholic student and teacher of Oken's philosophy of nature, mixed liberally with Schelling's similar system and with Hegel's Encyclopedia and his Phenomenology. Emerson was probably right in getting out of Stallo's General Principles an idea of "nature's rhythmic unfolding" rather than an idea of historical dialectic. Then came the later Stallo (after 1855), a convert from Catholicism and transcendentalism to empiricism, and a devoted follower of Ernst Mach. It is this later Stallo, author in 1881 of The Concepts and Theories oJ Modern Physics, who is better known, and who used the term "relativity" to indicate that physics deals not with things-in-themselves but with the data given to observers. Peter Kaufmann is an excellent representative of those pietists who, when they came to the open spaces and free manners of America, made serious attempts to give their religious "perfectionism" a practical social embodiment in utopian, communal economies. He became a teacher in the Rappite "Community of Equality and Social Harmony" and after a few years founded his own "Society of Germans at Teutonia." The members of this society agreed to devote their communal surplus to the education of orphans, the conversion of Indians, the spreading of the Gospel to "the four corners of the earth", and publishing a weekly Herald o] Better Times. After four years of this Society he moved northward to Canton, Ohio, where he settled down comfortably as a publisher and promoter of public education. His major publication, The Temple oJ Truth, incorporated some ideas on dialectic taken from Hegel. He continued his contacts with many utopian communities and urged his fellow citizens to help in making the United States of America "a saviour nation of the rest of mankind." Moncure Conway, a native of Virginia and graduate of Dickinson College, became an itinerant Methodist minister. But in 1853 the Harvard Divinity School made a Unitarian of him and an enthusiast for the higher criticism of Strauss and the transcendentalism of Hegel. In 1858 his wife introduced him to her home town, Cincinnati, and there he became BOOK REVIEWS 379 the minister of a very influential and liberal congregation. In 1860 he began publication in Cincinnati of The Dial, successor to the New England transcendentalist journal, and used its... (shrink)

Nach wie vor formuliert der Hinweis darauf, wie «es in Wirklichkeit ist», einen Wahrheitsanspruch, und nach wie vor hat es eine disqualifizierende Wirkung, wenn wir jemandem «Realitätsverlust» bescheinigen, obgleich man in Philosophie und Kulturwissenschaften seit mindestens einem Jahrhundert und seit einiger Zeit auch in der Psychiatrie darüber diskutiert, ob es «die Wirklichkeit» überhaupt gibt, ob nicht viele - möglicherweise gleichberechtigte - Wirklichkeiten nebeneinander existieren. In dem Band befassen sich Wissenschaftlerinnen und Wissenschaftler aus Ethnologie, Jurisprudenz, Medizin, Philosophie, Psychologie und Soziologie u.a. (...) mit der Frage, ob das Festhalten an einer Wirklichkeit unter bestimmten Umständen sinnvoll ist und was geschieht, wenn unterschiedliche Realitätsauffassungen miteinander konfligieren. (shrink)

We discuss the semantic significance of a puzzle concerning ‘ought’ and conditionals recently discussed by Kolodny and MacFarlane. We argue that the puzzle is problematic for the standard Kratzer-style analysis of modality. In Kratzer’s semantics, modals are evaluated relative to a pair of conversational backgrounds. We show that there is no sensible way of assigning values to these conversational backgrounds so as to derive all of the intuitions in Kolodny and MacFarlane’s case. We show that the appropriate verdicts can be (...) derived by extending Kratzer’s framework to feature a third conversational background and claiming that the relevant reading of ‘ought’ is sensitive to this parameter. (shrink)

I offer an argument for what mental action may be like in nonhuman animals. Action planning is a type of mental action that involves a type of intention. Some intentions are the causal mental antecedents of proximal mental actions, and some intentions are the causal mental antecedents of distal mental actions. The distinction between these two types of “plan-states” is often spelled out in terms of mental content. The prominent view is that while proximal mental actions are caused by mental (...) states with nonconceptual content, distal mental actions are caused by mental states with conceptual content. I argue that, when we are investigating animal cognition, we need a nonconceptual account for the content of intentions involved in mental actions such as action planning: non-immediate intentions. This in order to defend the claim that creatures that lack conceptual capacities are capable of entertaining plan-states, and thus of exercising mental agency in the form of action planning. (shrink)

John Searle has recently developed a theory of reasons for acting that intends to rescue the freedom of the will, endangered by causal determinism, whether physical or psychological. To achieve this purpose, Searle postulates a series of “gaps” that are supposed toendowthe self with free will. Reviewing key steps in Searle's argument, this article shows that such an undertaking cannot be successfully completed because of its solipsist premises. The author argues that reasons for acting do not have a subjective, I-ontology (...) but a first-person plural, Weontology that better accounts for agency and responsibility. (shrink)

Recent work on the interpretation of counterfactual conditionals has paid much attention to the role of causal independencies. One influential idea from the theory of Causal Bayesian Networks is that counterfactual assumptions are made by intervention on variables, leaving all of their causal non-descendants unaffected. But intervention is not applicable across the board. For instance, backtracking counterfactuals, which involve reasoning from effects to causes, cannot proceed by intervention in the strict sense, for otherwise they would be equivalent to their consequents. (...) We discuss these and similar cases, focusing on two factors which play a role in determining whether and which causal parents of the manipulated variable are affected: Speakers' need for an explanation of the hypothesized state of affairs, and differences in the ‘resilience’ of beliefs that are independent of degrees of certainty. We describe the relevant theoretical notions in some detail and provide experimental evidence that these factors do indeed affect speakers' interpretation of counterfactuals. (shrink)