This chapter contains sections titled: The False Dilemma Begging the Question Two Wrongs The Straw Man The Slippery Slope Conclusion.

What lies at the heart of physical inquiry? What are the foundational ideas and working assumptions that inform the enterprise of natural science? What principles guide research? How do scientists decide whether they are building theories in the right direction? Is there a right direction? Do physical theories actually approximate an objective reality, or are they simply useful summaries, mnemonics for experimental results? This book is Nobel Prize winner Jim Peebles's contribution to such big, classic debates in the philosophy (...) of science, drawing on a lifetime of experience as a leading physicist and taking the development of physical cosmology as a "worked example." He begins with a consideration of the history of thought about the nature of the physical sciences since Einstein, culminating in a succinct statement of what he sees as the fundamental working assumptions of physics. Then, through a careful examination of the development of the general theory of relativity, Einstein's cosmological principle, the big bang theory, and our current model of the universe, he makes the argument that physical theories ultimately are useful approximations to an objective reality whose nature science is discovering. An essential reflection on and interrogation of the nature and practice of science by a giant in the field, The Whole Truth will be illuminating reading for cosmologists, physicists, and historians, philosophers, and sociologists of science alike. (shrink)

The folk Psychology frames propositional attitudes as fundamental theoretical entities for the construction of a model designed to predict the behavior of a subject. A trivial, such as grasping a pen and writing reveals - something complex - about the behavior. When I take a pen and start writing I do, trivially, because I believe that a certain object in front of me is a pen and who performs a specific function that is, in fact, that of writing. When I (...) believe that the object that stands before me is a pen, I am in relation to "believe" with the propositional content: that in front of me is a pen. Philosophers of the proposition, from Frege onwards, have dedicated their studies to the analysis of what kinds of entities are the propositional attitudes. Jerry Fodor says that now, the proper prediction of the psychology of common sense, can not be questioned and that the propositional attitudes represent the most effective way to describe our behavior. What Fodor says, however, is that propositional attitudes function, but not how they work. Most philosophers interested in the issue, we are dedicated to the search for a theory that can account consistently both a semantics for propositional attitudes, both of these entities that seem to cause the behavior of a rational subject. There are two main paradigms in the theory of the proposition that contributed to the discussion of the propositional attitudes. One is the one that begins with Gottlob Frege, the other with Bertrand Russell. Defenders of Frege argue that the paradigm scrub objects and properties can not be constituents of the propositional content which have a purely conceptual. In other words, the philosophers belonging to the paradigm of Frege, but not all, mean that you can test in a rigorous way the truth conditions of propositional attitudes. Who defends the russellian’s paradigm argues that the propositional content are made by the objects and properties on which propositional attitudes relate. The purpose of this article is not to rebuild - in detail - both paradigms, nor to reconstruct one but, in a sense, my work will be a completely partial objective is to demonstrate how the paradigm is more profitable russell not only to make a coherent semantic theory for propositional attitudes2 but also to predict the behavior of a rational subject thing, completely innovative, given the repeated objections in contemporary literature3. At the end of this paper will be drafted a proposal to build a consistent model to predict the behavior,of a rational agent, based on a referential theory of propositional attitudes. (shrink)

Sextus Empiricus associates the skeptical stance with the activity of inquiry or investigation. My purpose in this paper is to examine the Pyrrhonist's involvement in that activity because getting an accurate understanding of the nature and purpose of skeptical inquiry makes it possible to delineate some of the distinctive traits of Pyrrhonism as a kind of philosophy. I defend the minority view among specialists according to which (i) Sextus describes both the prospective Pyrrhonist and the full-fledged Pyrrhonist as (...) inquirers into truth, and (ii) the full-fledged Pyrrhonist can, without inconsistency, engage in truth-directed inquiry. (shrink)

Knowledge has almost always been treated as good, better than mere true belief, but it is remarkably difficult to explain what it is about knowledge that makes it better. I call this “the value problem.” I have previously argued that most forms of reliabilism cannot handle the value problem. In this article I argue that the value problem is more general than a problem for reliabilism, infecting a host of different theories, including some that are internalist. An additional problem is (...) that not all instances of true belief seem to be good on balance, so even if a given instance of knowingpis better than merely truly believingp, not all instances of knowing will be good enough to explain why knowledge has received so much attention in the history of philosophy. The article aims to answer two questions: (1) What makes knowingpbetter than merely truly believingp? The answer involves an exploration of the connection between believing and the agency of the knower. Knowing is an act in which the knower gets credit for achieving truth. (2) What makes some instances of knowing good enough to make the investigation of knowledge worthy of so much attention? The answer involves the connection between the good of believing truths of certain kinds and a good life. In the best kinds of knowing, the knower not only gets credit for getting the truth but also gets credit for getting a desirable truth. The kind of value that makes knowledge a fitting object of extensive philosophical inquiry is not independent of moral value and the wider values of a good life. (shrink)

Knowledge has almost always been treated as good, better than mere true belief, but it is remarkably difficult to explain what it is about knowledge that makes it better. I call this “the value problem.” I have previously argued that most forms of reliabilism cannot handle the value problem. In this article I argue that the value problem is more general than a problem for reliabilism, infecting a host of different theories, including some that are internalist. An additional problem is (...) that not all instances of true belief seem to be good on balance, so even if a given instance of knowing p is better than merely truly believing p, not all instances of knowing will be good enough to explain why knowledge has received so much attention in the history of philosophy. The article aims to answer two questions: What makes knowingp better than merely truly believing p? The answer involves an exploration of the connection between believing and the agency of the knower. Knowing is an act in which the knower gets credit for achieving truth. What makes some instances of knowing good enough to make the investigation of knowledge worthy of so much attention? The answer involves the connection between the good of believing truths of certain kinds and a good life. In the best kinds of knowing, the knower not only gets credit for getting the truth but also gets credit for getting a desirable truth. The kind of value that makes knowledge a fitting object of extensive philosophical inquiry is not independent of moral value and the wider values of a good life. (shrink)

This paper presents an anti‐realist account of fictional objects. Arguing for the involvement of non‐veridical prepositional attitude ascriptions in the understanding of fiction, I maintain that there is no need to invoke Meinongian objects, possibilia or abstract objects for this purpose. In addition I argue against object dependent views . I make a case for empty names playing a more significant role than that accorded on direct reference accounts of names. I close by noting points of similarity and of (...) difference with Amie Thomasson and with Kendall Walton. (shrink)

This paper presents an anti‐realist account of fictional objects. Arguing for the involvement of non‐veridical prepositional attitude ascriptions in the understanding of fiction, I maintain that there is no need to invoke Meinongian objects, possibilia or abstract objects for this purpose. In addition I argue against object dependent views. I make a case for empty names playing a more significant role than that accorded on direct reference accounts of names. I close by noting points of similarity and of difference (...) with Amie Thomasson and with Kendall Walton. (shrink)

This book argues that God can be found within the edifice of the scientific understanding of physics, cosmology, biology and philosophy. It is a rewarding read that asks the Big Questions which humans have pondered since the dawn of the modern human mind, including: Why and how does the universe exist? From where do the laws of physics come? How did life and mind arise from inanimate matter on Earth? Science and religion have a common interest in the answers to (...) such questions, yet many scientists and believers have been at odds for centuries. The author and contributors present a program for moving beyond the vastly different perspectives of reality offered by science and religion. Historical proofs for the existence of God are considered in light of the possibility that the universe may be only one in an eternal multiverse that contains an infinite number of other universes. Readers will find a modification of St. Augustine’s Argument from Truth for the existence of the necessary, self-sufficient being commonly referred to as God. This book is suited to all with an interest in the crossing points of science and religion, providing much food for thought and reflection. If in the end, you cannot accede to philosophy’s proofs, or theism’s invitation to faith, perhaps you will nevertheless say ‘yes’ to the amazing universe in which we live. (shrink)

A study of the way in which poets, priests, and sages sought for wisdom in ancient Greece by descending into caves or underground chambers. Yulia Ustinova offers a novel approach by juxtaposing ancient testimonies with the results of modern neuropsychological research.

Scientific research aims to use reliable methods to produce generalizable new knowledge in order to understand the human condition and maximize human potential. The sanctity accorded to scientific research has been violated by numerous instances of research fraud, as well as deceptive and conflicted research that have seriously harmed people, subverted the evidence-base, wasted valuable resources, and undermined public trust. This deception by individuals has been fostered by the unrealistic expectations of society; facilitated by the complicity of institutions and organisations; (...) and sanctioned by the inaction of supposed gate-keepers. Re-defining misconduct as occurring on a continuum from irresponsible to fraudulent is the first step in confronting this inconvenient truth. Implementing and evaluating multiple strategies targeting systems and individuals that promote the responsible conduct of research, rather than merely exposing serious instances of misconduct by individuals, is urgently required to restore faith in the aspirations, integrity, and results of scientific research. (shrink)

The The sustainability of social life is based on social values. The manifestation of these values also takes place within the society. On the other hand, the realization of individuals is possible in society because a non-social human being is not a "human" in the philosophical sense. With human-oriented conditions that manifest themselves in the network of social relations, the criteria (moral values) related to the purpose of creation crystallize and become known so that the construction of a social paradigm (...) becomes possible. However, the society in which individuals live is also surrounded by an external world (material world). For this reason, the social paradigm also indirectly relies on a perception of the outside world. Thus, no matter what period of history, people's endeavor for an ideal society is accompanied by an interpretation of the external world, and with this "cumulative" knowledge, a "reducing" simulation of being is derived (cosmology). In fact, causality, which is the subject of physics, becomes the subject of philosophy in this mediation. As it can be understood, a significant problem here is the correlation between the fixed values (unconditional imperatives) that form the core of the social paradigm and the variable external world knowledge that is culturally effective in the manifestation of these values. Consequently, while determining the rules in the social order, one should act on the basis of values, not as if they have absolute knowledge of the material world. Whether we believe that the universe consists of "seven heavens" and is geocentric or heliocentric; Existential values such as justice, equality, and freedom are essential regardless of time and space. However, as historical facts show, those who have problems with this value system, which is accompanied by an interpretation of the external world, have raised objections through ever-developing knowledge of nature instead of universal values. For this reason, the geocentric perception of the universe, which forms the basis of the political paradigm in the class-based society of medieval Europe, was strongly desired to be maintained by the ruling classes. Ultimately, although this model of the universe collapsed, moral pursuits of human life continued to be sabotaged for the same political reasons, and disinformation began. Thus, scientific studies and the search for the truth (philosophy) were accompanied by endless polemics disguised as "philosophy." In fact, this situation reveals two opposing attitudes that repeat themselves in history, either in the East or the West: paradigmatic attitude (paradigmism) and enigmatic attitude (enigmatism). As a reflection of these two attitudes, the dominant discourse, which categorically accuses even the interest in understanding Western modernization in the Islamic world as heresy, did not occasionally hesitate to refer to some Western references by confirming with a vulgar pragmatism. For instance, Newtonian physics has been ignored. On the other hand, an attempt has been made to jump directly from Aristotelian physics to quantum physics by assuming an overlapping in classical texts. However, facing the new knowledge of nature has more actual consequences than polemics. To face these results and to show the legitimacy of Islamic values in the modern era, which are in conformity with the creation of human beings, the developments in the current knowledge of the universe (modern cosmology) cannot be ignored. This endeavor can be possible only when the philosophical and historical foundations of the subject are examined throughout the Western experience. (shrink)

I have long concluded that psychologists seek 'facts' but don't care about 'truth'; while philosophers seek 'truth' but don't care about 'facts'. After attending Tucson-2002, I would create a third reckless stereotype: eastern philosophy seek 'enlightenment' but don't care about 'facts' or 'truth'. To avoid this seeming to be the equal-opportunity put-down that it really is, let me amend that to: scientists seek inductive 'facts' about consciousness, western philosophers seek deductive 'truth' about consciousness, and eastern philosophers (...) seek transcendent 'enlightenment' - to grow, transcend, or lose my/our own consciousness. To make it even more complicated, there are - obliquely bridging the facts, truth, and enlightenment camps - brain-probing anaesthesiologists and others advocating an intriguing package of quantum mechanics, microtubules, pan-psychism and causation-running-backwards-in- time. H-E-L-P! With the echoes of the conference still in my mental ears, I dedicate this report to Mountcastle, Maharishi, and Monty Python. (shrink)

In this paper, I discuss aspects of Herbert Leyendecker’s 1913 doctoral dissertation, Towards the Phenomenology of Deceptions, which he defended in 1913 at the University of Munich. Leyendecker was a member of the Munich and Göttingen Phenomenological Circles. In my discussion of his largely neglected views, I explore the connection between his ideas concerning “attitudes”, e.g., of searching for, observing, counting, or working with objects, and the central topic of his text, perceptual illusions, thematized by Leyendecker as a kind of (...) perceptual “deception”. Indeed, Leyendecker argues that a change of attitude is a necessary aspect of an illusion. I argue that Leyendecker’s use of the notion of attitude in accounting for illusions is problematic; yet I also suggest that his ideas are not devoid of philosophical interest, in relation to current debates. (shrink)

The theory suggested in the article is revealed in terms of existential materialism finding its source in Aristotle’s maxim that philosophy is a study of the essential unity of the grounds of being and consciousness. This theory still makes use of the old principle of reflection postulating the subject/object dyad. The here-proposed theory points out that there is not really a dyad, but a triad of a cognitive relationship: subject–language-object. To cope with the main epistemological problem of truth, we (...) postulate that not only the paradigmatic, but also the syntagmatic axis be considered. The basic syntagma of gnoseology is contemplation on the absolute and relative in true knowledge, but not in a Hegelian way. (shrink)

List and Pettit's Group Agency is an extremely important book, spearheading a new wave of work on the metaphysics, epistemology and ethics of group agents. In this article, I focus on the epistemological thread in their discussion. After introducing the apparatus they use in analyzing the epistemic performance of groups, I criticize some elements and point to some ways in which the very same apparatus could be redirected to address them.Send article to KindleTo send this article to your Kindle, first (...) ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about sending to your Kindle. Find out more about sending to your Kindle. Note you can select to send to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be sent to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply. Find out more about the Kindle Personal Document Service.EPISTEMOLOGY IN GROUP AGENCY: SIX OBJECTIONS IN SEARCH OF THE TRUTHVolume 9, Issue 3Fabrizio CarianiDOI: https://doi.org/10.1017/epi.2012.15Your Kindle email address Please provide your Kindle [email protected]@kindle.com Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Dropbox To send this article to your Dropbox account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Dropbox. EPISTEMOLOGY IN GROUP AGENCY: SIX OBJECTIONS IN SEARCH OF THE TRUTHVolume 9, Issue 3Fabrizio CarianiDOI: https://doi.org/10.1017/epi.2012.15Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Send article to Google Drive To send this article to your Google Drive account, please select one or more formats and confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about sending content to Google Drive. EPISTEMOLOGY IN GROUP AGENCY: SIX OBJECTIONS IN SEARCH OF THE TRUTHVolume 9, Issue 3Fabrizio CarianiDOI: https://doi.org/10.1017/epi.2012.15Available formats PDF Please select a format to send. By using this service, you agree that you will only keep articles for personal use, and will not openly distribute them via Dropbox, Google Drive or other file sharing services. Please confirm that you accept the terms of use. Cancel Send ×Export citation Request permission. (shrink)

Some attitudes typically take whole persons as their objects. Shame, contempt, disgust and admiration have this feature, as do many tokens of love and hate. Objectors complain that these ‘globalist attitudes’ can never fit their targets and thus can never be all-things-considered appropriate. Those who dismiss all globalist attitudes in this way are misguided. The fittingness objection depends on an inaccurate view of the person-assessments at the heart of the globalist attitudes. Once we understand the nature of globalist attitudes and (...) we recognize that we may legitimately treat some traits as more important than others in our overall evaluation of persons, we ought to conclude that our globalist attitudes can, in some cases, fit their targets and should not be summarily dismissed as unfitting. Our relationships contour the fittingness-conditions of globalist attitudes. This relational element poses a problem for fitting-attitude theories of value. (shrink)

This volume contains a selection of papers presented at the special workshop "Truth and Objectivity in Law and Morals," held at the 26th World Congress of the IVR. The papers deal with diverse but correlated issues such as the search for truth in and through legal argumentation; the intelligible character of rules inside theories of interpretation which guarantee the coherence and the integrity of law; the role of hermeneutic analysis in the construction of the objectivity of law; (...) the procedural and contextual aspects of objectivity in legal reasoning; the role of objectivity in the distinction between the context of justification and the context of discovery; the problem about truth of normative propositions and legal statements; the incompatibility of non factualism with the traditional account of validity and legality; as well as the possibility of objectivity in morals. (shrink)

Religious experience differs from the empirical experience of the subject by psychologicality, the transcendental vitality of understanding objective phenomena. The main criterion of a person's religious experience is his belief in the truth of the existing a priori and the interrelations of things and phenomena of the objective and subjective world revealed to him in personal experience. Faith is a sense of the interconnection between the subject and the object, which has an experienced transcendental character. Human experience (...) in this respect acts as a factor in the disclosure of depth and effectiveness: a subject-object relationship accepted on faith: the disclosure of the meaning and directions of its development relative to the object of faith; as a set of acts of self-knowledge in the context of the existence of the object and, only thanks to the object of faith, brought into a whole, meaningful existence. Thus, the self-knowledge of a person depends, first of all, on the choice of an object of faith for him, as the meaning of his development. (shrink)

This chapter accepts for the sake of argument Ronald Dworkin’s point that the only viable form of normative skepticism is internal, and develops an internal skeptical argument directed specifically at normative realism. There is a striking and puzzling coincidence between normative judgments that are true, and normative judgments that causal forces led us to believe—a practical/theoretical puzzle to which the constructivist view has a solution. Normative realists have no solution, but are driven to conclude that we are probably hopeless (...) at recognizing the independent normative truths they posit. Since this is an unacceptable conclusion, we must conclude that normative realism is false. Drawing on evolutionary considerations, it is explained why this internal skeptical argument does not carry over to our knowledge of objects in our manifest surroundings, and why the challenge does not depend on any assumption that the epistemology of the normative domain must be a causal one. (shrink)

Subjective predicates have two interpretive and distributional characteristics that have resisted a comprehensive analysis. First, the use of a subjective predicate to describe an object is in general felicitous only when the speaker has a particular kind of familiarity with relevant features of the object; characterizing an object as _tasty,_ for example, implies that the speaker has experience of its taste. Second, subjective predicates differ from objective predicates in their distribution under certain types of propositional attitude verbs. The (...) goal of this paper is to argue that these features can be explained in a uniform way and within a broadly truth-conditional approach to semantic content, given a view of subjective language as an essentially pragmatic, context-sensitive phenomenon. Specifically, we propose that what renders an issue subjective in discourse is speakers’ awareness of _counterstance contingency_: contingency relative to information states that represent alternative pragmatic stances. (shrink)

Scholars of ideology in social-scientific disciplines, including psychology, sociology, and political science, stand to benefit from taking seriously the philosophical contributions of Professor Peter Railton. This is because Railton provides much-needed conceptual precision—and a rare sense of epistemological and moral clarity—to a topic that is notoriously slippery and prone to relativistic musing and the drawing of false equivalences. In an essay entitled “Morality, Ideology, and Reflection: Or, the Duck Sits Yet,” Railton (2000/2003) aptly identified the purpose of ideological analysis as (...) the unmasking of “nonepistemic” interests—that is, interests other than truth-seeking, accuracy, or warrant —that contribute to the development, adoption, and dissemination of political and religious belief systems. (shrink)

The question about truth, experience and sharing of truth can be addressed from the viewpoint of a shared sense of community. The search for truth is related to the sensus communis and the conscience – con scientia – that is formed in the community. The sensus communis is not only a general faculty in all men, but also the sense that founds community. Thereby the knowledge is true only in front of the other. Truth reveals (...) itself in conversation. By conversation it means that there are both someone who asks questions and someone who answers them, and that they change their roles. In order to understand each other, they have to share a common field of experience. The approach to the concept of truth as a representation of things loses its place and gives way to the understanding of truth as something where meaning as sense and truth as open and exposed concept appears in the foreground. Phenomenology reveals that community correlates and imposes a set of senses to the consciousness and conscience of the individual. This lets phenomenologists focus on life, culture and language. The truth transforms from meaning into sense. It becomes a dynamic determination of a human being. (shrink)

Fake news and alternative facts have become commonplace in these so-called “post-factual times.” What about medical research - are scientific facts fake as well? Many recent disclosures have fueled the claim that scientific facts are suspect and that science is in crisis. Scientists appear to engage in facting interests instead of revealing interesting facts. This can be observed in terms of what has been called polarised research, where some researchers continuously publish positive results while others publish negative results on the (...) same issue – even when based on the same data. In order to identify and address this challenge, the objective of this study is to investigate how polarised research produce “polarised facts.” Mammography screening for breast cancer is applied as an example. The main benefit with mammography screening is the reduced breast cancer mortality, while the main harm is overdiagnosis and subsequent overtreatment. Accordingly, the Overdiagnosis to Mortality Reduction Ratio is an estimate of the risk-benefit-ratio for mammography screening. As there are intense interests involved as well as strong opinions in debates on mammography screening, one could expect polarisation in published results on OMRR. A literature search identifies 8 studies publishing results for OMRR and reveals that OMRR varies 25-fold, from 0.4 to 10. Two experts in polarised research were asked to rank the attitudes of the corresponding authors to mammography screening of the identified publications. The results show a strong correlation between the OMRR and the authors’ attitudes to screening. Mammography screening for breast cancer appears as an exemplary field of strongly polarised research. This is but one example of how scientists’ strong professional interests can polarise research. Instead of revealing interesting facts researchers may come to fact interests. In order to avoid this and sustain trust in science, researchers should disclose professional and not only financial interests when submitting and publishing research. (shrink)

The current research explored the effect of anger on hypothesis confirmation—the propensity to seek information that confirms rather than disconfirms one's opinion. We argued that the moving against action tendency associated with anger leads angry individuals to seek out more disconfirming information than sad individuals, attenuating the confirmation bias. We tested this hypothesis in two studies of experimentally primed anger and sadness on the selective exposure to hypothesis confirming and disconfirming information. In Study 1, participants in the angry condition were (...) more likely to choose disconfirming information than those in the sad or neutral condition when given the opportunity to read more about a social debate, and reading the disconfirming information affected their subsequent attitude. Study 2 measured participants' opinions and information selection about the 2008 US Presidential Election and their desire to “move against” a person or object. Participants in the angry condition reported a greater tendency to oppose a person or object, which resulted in the attenuation of the confirmation bias. (shrink)

There is a mental malaise creeping through the collective human mindset. Mass psychosis is becoming normalized. It is time to break free... One of the key problems facing human beings today is that we do not look after our minds. As a consequence, we are unaware of the malicious impacts that infiltrate and influence us on a daily basis. This lack of awareness leaves people open and vulnerable. Many of us have actually become alienated from our own minds, argues (...) Kingsley L. Dennis. This is how manipulations occur that result in phenomena such as crowd behaviour and susceptibility to political propaganda, consumerist advertising and social management. Mass psychosis is only possible because humanity has become alienated from its transcendental source. In this state, we are prisoners to the impulses that steer our unconscious. We may believe we have freedom, but we don’t. Healing the Wounded Mind discusses these external influences in terms of a collective mental disease – the wetiko virus (Forbes), ahrimanic forces (Steiner), the alien mind (Castaneda), and the collective unconscious shadow (Jung). The human mind has been targeted by corrupt forces that seek to exploit our thinking on a grand scale. This is the ‘magician’s trick’ that has kept us captive within the social systems that both distract and subdue us. In the first part of this transformative book, the author outlines how the Wounded Mind manifests in cultural conditioning, from childhood onwards. In the second part, he examines how ‘hypermodern’ cultures are being formed by this mental psychosis and shaping our brave new world. In an inspiring conclusion, we are shown the gnostic path to freedom through connecting with the transcendental source of life. (shrink)

Contemporary realist theories of value claim to be compatible with natural science. In this paper, I call this claim into question by arguing that Darwinian considerations pose a dilemma for these theories. The main thrust of my argument is this. Evolutionary forces have played a tremendous role in shaping the content of human evaluative attitudes. The challenge for realist theories of value is to explain the relation between these evolutionary influences on our evaluative attitudes, on the one hand, and the (...) independent evaluative truths that realism posits, on the other. Realism, I argue, can give no satisfactory account of this relation. On the one hand, the realist may claim that there is no relation between evolutionary influences on our evaluative attitudes and independent evaluative truths. But this claim leads to the implausible skeptical result that most of our evaluative judgements are off track due to the distorting pressure of Darwinian forces. The realist’s other option is to claim that there is a relation between evolutionary influences and independent evaluative truths, namely that natural selection favored ancestors who were able to grasp those truths. But this account, I argue, is unacceptable on scientific grounds. Either way, then, realist theories of value prove unable to accommodate the fact that Darwinian forces have deeply influenced the content of human values. After responding to three objections, the third of which leads me to argue against a realist understanding of the disvalue of pain, I conclude by sketching how antirealism is able to sidestep the dilemma I have presented. Antirealist theories of value are able to offer an alternative account of the relation between evolutionary forces and evaluative facts —
an account that allows us to reconcile our understanding of evaluative truth with our understanding of the many non-rational causes that have played a role in shaping our evaluative judgements. (shrink)

Background:Doctors should disclose the diagnosis to patients according to the principle of autonomy. However, not disclosing the diagnosis and prognosis to cancer patients remains common in mainland China.Objective:The study explored the experiences and attitudes of patients with cancer, family members, and the medical staff in truth-telling.Research design:A quantitative survey with three closed-ended questionnaires was conducted.Participants:In all, 137 patients with cancer, 134 family members caring for cancer cases, and 54 medical staff were surveyed. Descriptive statistics were used to summarize (...) all characteristics, and the chi-square test was performed to analyze group differences in attitudes toward cancer disclosure.Ethical considerations:This study was approved by the Committee on Ethics of Biomedicine Research, at the Second Military Medical University (HJEC-2018-YF-001). Informed consent was obtained from all participants prior to study commencement.Findings:A total of 59.8% of patients were informed about their diagnosis within 1 week, and 19.7% inferred theirs. The medical staff preferred to prioritize family members in informing about patient diagnosis while 77.4% of patients preferred to be told the whole truth at the time of initial diagnosis. More patients than family members and medical staff wanted the patients to be informed about the diagnosis ( p < 0.001). A significant difference was found between the patients and family members regarding who should tell the patients.Discussion:The willingness of patients in knowing the truth was underestimated by their family members as well as the medical staff. Guessing the truth indirectly may exert negative effects on the patients, and not telling the truth is inappropriate in patients who want to be informed.Conclusion:Disclosure of a cancer diagnosis is a complex process involving medical practice, as well as a range of cultural, ethical, and legal factors. The medical staff should first assess each patient’s willingness in truth-telling and inform about disease diagnosis with respect. Emotional support and comfort from family members are encouraged. Anyone in the patient’s care team, especially nurses, could be integrated in the process of truth-telling. (shrink)

Singularities in general relativity and quantum field theory are often taken not only to motivate the search for a more-fundamental theory (quantum gravity, QG), but also to characterise this new theory and shape expectations of what it is to achieve. Here, we first evaluate how particular types of singularities may suggest an incompleteness of current theories. We then classify four different 'attitudes' towards singularities in the search for QG, and show, through examples in the physics literature, that these (...) lead to different scenarios for the new theory. Two of the attitudes prompt singularity resolution, but only one suggests the need for a theory of QG. Rather than evaluate the different attitudes, we close with some suggestions of factors that influence the choice between them. (shrink)

Presenting portraits of many central figures in modern physics, including Stephen Hawking and Leonard Susskind, this critique of modern theoretical physics provides the latest ideas about the nature of physical reality while clearly distinguishing between fact and fantasy.

In lieu of an abstract, here is a brief excerpt of the content:The Journal of Aesthetic Education 40.1 (2006) 35-53 [Access article in PDF] "Truth Is What Works": Francisco J. Varela on Cognitive Science, Buddhism, the Inseparability of Subject and Object, and the Exaggerations of Constructivism—A Conversation Francisco J. Varela Bernhard Poerksen Institut für Journalistik und Kommunikationswissenschaft Universität Hamburg Francisco J. Varela (1946-2001) studied biology in Santiago de Chile, obtained his doctorate 1970 at Harvard University with a dissertation on (...) the insect eye, and worked there for some time in the laboratory of Torsten Wiesel, the later Nobel Laureate for medicine. From his scientific beginnings as a researcher in biology, he not only studied and practiced biology but, resisting the dominating mainstream, pursued a research program that ignored and broke down traditional disciplinary boundaries. This research program is best characterized as experimental epistemology, a concept introduced by the neuropsychiatrist and cybernetician Warren S. McCulloch. Francisco J. Varela's great aspiration was to examine and answer the philosophical ur-question of cognition with scientific precision and with the help of the best possible theoretical framework. [End Page 35]Having obtained his doctorate, he went back to Chile to work as a professor of biology together with Humberto R. Maturana. He contributed to the writing of the theory of autopoiesis, which was to cause a furor in the world of science as a universally applicable explanatory model. After the overthrow of Allende and the installation of the dictatorship by the putsch general Pinochet, Francisco J. Varela first escaped to Costa Rica, then became a professor at the American University of Colorado and University of New York, and finally returned in 1980 to the University of Chile in Santiago for five years. Temporary positions as guest professor for neurobiology, philosophy, and cognitive science in Germany, Switzerland, and France led him to Paris in the end, where he worked as research director of the Centre National de Recherche Scientifique until his death on May 28, 2001.In his research work embracing cognitive science, evolutionary theory, and immunology, Francisco J. Varela, constantly inspired by his fundamental interest in the key questions of epistemology, gave the epistemological debate a new orientation. In his thinking he refuses to accept the strict separation of subject and object, of knower and known, which as a rule unites realists and constructivists alike. Francisco J. Varela rejects the fundamental dualism dividing mind and world, which had shaped Western philosophy from its earliest beginnings. He does not subscribe to the idea that human individuals can invent their own realities—blindly and arbitrarily, and without experiencing any resistance from the external world and all other things given. He equally distances himself, however, from the diametrically opposite position that overstates the eigenpower of the world of objects. The external world and all other things given cannot determine what happens in an organism. Varela's claim is that individual and world create each other. The Computational Model of the Mind Poerksen: The ancient key questions of philosophy are at the center of modern cognitive science. What is the essence of the mind? Do our conceptions represent a given world, which is independent from our minds? What is the formative power of external objects over our perceptions? How does cognition function? The search for an adequate answer and an improved understanding of the human mind has led many cognitive scientists to entertain the assumption that the brain is actually a kind of computer. Memory is taken to be a store. Thinking and perceiving are understood as data processing in the sense that an independent external world is computationally transformed into symbols and represented in the organism in this manner. You are very critical of this view. Why?Varela: If the brain is considered as a kind of computer, then cognitive research is limited to discovering certain self-sufficient shapes—the symbols—together with the rules [End Page 36] governing them—the programs. But this search for symbols and programs will never be profitable because it... (shrink)

For humanists the perfect language was a revived Classical Latin. For scholastics it was a practical logic adapted to the needs of education. Though they have long been portrayed as arch rivals, Alan Perreiah here argues that humanists and scholastics were working in complementary ways toward some of the same goals: most significantly, the early modern search for the perfect language. The study advances research on language pedagogy in the Renaissance by clarifying the connections between truth and translation.

Truth is one of the main concepts of Philosophy, some even consider it the most important of all (W. Künne). This concept is also a foundation for other philosophical concepts. Some of them even depend intrinsically on it, such as the concepts of belief (to believe in something is to believe this something is true), knowledge (if you know something then that something is true), fact (facts are what make our statements true), existence (true reality is the external world (...) that exists) and modality (there are propositions that can be true in all possible worlds), among many others. Truth is also a crucial concept for other domains. Science is said to be the search for the truth of the Natural World and the good life is said to be the pursuit of the good (Aristotle). If one considers that the good and the just are objects of knowledge (R. Campbell), then, there could be no good or justice without truth, insofar as knowledge needs truth. Also, our confidence in the robustness of western political and social institutions has always rested on truth. Unfortunately, this basis, which is the foundation of trust and, therefore, of the robustness of our institutions, is being eroded by external forces, deniers and nihilists, by undermining the concept of Truth, endangering in that way the democratic model (H. Frankfurt). The troubled events we have recently experienced – the raise of populisms, conspiracy theories, pandemic skepticism, the conflict in Ukraine not only in the battleground but also in the info space – could, to some extent, make us question whether, in fact, there is still any theoretical interest in “truth”. As several authors have noted, it seems that today we live in a society of “post-truth” (A. Szakolczai) or “veritophobia” (A. Goldman), where lies are tolerated and facts ignored. Also, for this reason, understanding what truth is by reflecting on its nature and function, from the most sophisticated conceptual schemes to its most everyday uses, seems to be a philosophical task of the utmost importance. This is why the Revista Portuguesa de Filosofia has decided to dedicate this special issue to the subject of truth. (shrink)

In the area of politics one is not surprised to encounter bias, prejudice, rationalization, special pleading; yet rarely does one encounter these phenomena so often, so blatantly, as in the area relating to equality. Indeed, even among those whose job it is to be impartial, rational, informed, namely, philosophers, one finds less objectivity, less evidence of a genuine search for the truth, and a greater concern to press preconceived views than elsewhere in their work. Among Western philosophers, there (...) is a very widespread commitment to equality as a political value. So deep has been and is the commitment in theory at least, to this value, that concern for knowledge and truth have been subordinated to it by many — as in the refusal to allow or determination to discourage research into racial differences, for fear that the results of such research may lead to a lesser political commitment to equality. Yet, for all this professed concern for equality, a genuine lover of equality could be excused for being perplexed by the attitudes of those who profess such a concern for equality. (shrink)

The dissertation falls into two sections. Part I deals with classical pragmatist arguments against the correspondence theory of truth; Part II , with neo-pragmatist arguments against the possibility of a substantive theory of knowledge. The goal of Part I is to reconstruct and evaluate the main anti-correspondence arguments employed by the classical pragmatists and contemporary neo-pragmatists . Here we offer detailed critical and historical discussions of two arguments in particular: the comparison objection, which claims that the idea that (...) class='Hi'>truth is a matter of correspondence with the facts leads directly to skepticism; and the constructivist or anti-realist objection, according to which the correspondence theory is tenable only if realism is defensible, and thus cannot survive the latter position's fall from grace. After considering these objections, we address what James and Dewey had to say about the nature of the correspondence relation itself, and urge that their position has been badly misunderstood by foes and friends alike. Part II deals with the misgivings neo-pragmatists have about the very idea of a philosophical "theory of knowledge." Within analytic philosophy, the most familiar and aggressive expression of this anti-epistemology attitude is Richard Rorty's Philosophy and the Mirror of Nature. However, Rorty is far from alone in declaring epistemology moribund: philosophers in both the Anglo-American and Continental traditions have been busy composing obituaries for some time now. Our primary aim in Part II is to refute two main arguments central to the neo-pragmatist anti-epistemology case: the arguments against "foundations", a heterogeneous family of four objections to the idea of epistemology as 'foundational'; and the anti-representationalist argument, according to which skepticism and epistemology itself are said to rest on an untenable representationalist conception of thought or language. (shrink)

In this paper I contend that Locke is both a realist and a skeptic regarding the mind-independent bodies which are causally responsible for our ideas of sense. Although he frequently indicates that we have experiential knowledge of these bodies, I argue that this was not his considered position. In support of this conclusion I turn: first, to the basic contours of his accounts of knowledge and perception; second, to his argument for the existence of the material world; and third, to (...) his discussions of judgment and probability. Locke’s considered position, I contend, is that instances of veridical perception do not yield genuine instances of knowledge. Rather, these perceptual encounters give rise to empirical judgments which enjoy a high degree of probability. While this prevents them from being suitable objects of knowledge, since Locke thinks that we can be nearly certain of their truth, he contends that we should not hesitate to think, speak and act as if they were instances of knowledge. I further argue that this account provides us with a more satisfying explanation of Locke’s dismissive attitude towards the skeptical hypotheses which appear throughout the Essay. (shrink)

Philosophy, as it is understood and practiced in the West, is and has been generally considered to be the search for truth. But even if philosophy is the search for truth, it does not automatically follow that those who are identified as ‘philosophers’ are themselves actually engaged in that search. And indeed, in this paper I argue that many philosophers have in fact not been genuinely engaged in the search for truth (in other (...) words, many philosophers have not been doing philosophy) and as such much of what passes for philosophy is in fact not really philosophy at all. (shrink)

This paper examines the United States' search for the remains of its servicemen missing in action (MIA) from the Vietnam War. I argue that the fragmentary and imprecise nature of the MIA body metonymically indicates the fluid borders of the American body politic. The complexity of the MIA body means that it must be reconstituted, achieved in this context through a massive effort at remains identification. This process not only reinscribes the borders of the MIA body but also fill (...) the gaps in the borders of the body politic by ensuring that none of `us' are left `over there.' Fortifying the borders in turn serves to rejuvenate American domestic and international sovereignty eroded by the Vietnam War. So reinforced, the American body politic can begin to move beyond the ambiguities occasioned by the war and its aftermath. The essay concludes with a critique of this typically Hobbesian understanding and suggests that we remain skeptical of the notion of an unambiguously rejuvenated body politic. (shrink)

Against the background of standard possible-worlds semantics, this paper outlines a truthmaker approach to the semantics of attitude reports and modal sentences based on an ontology of attitudinal and modal objects.

This paper argues that Descartes conceives of theoretical reason in terms derived from practical reason, particularly in the role he gives to the passions. That the passions serve — under normal circumstances — to preserve the union of mind and body is a well-known feature of Descartes's defense of our native make-up. But they are equally important in our more purely theoretical endeavors. Some passions, most notably wonder, provide a crucial source of motivation in the search after truth, (...) and also serve to reinforce memory. Our cognitive successes and failure scan also be tracked by passions and trains of passions. (shrink)

I outline a dilemma for Derek Parfit’s project to vindicate moral realism. In On What Matters, Parfit argues that the best versions of three of the main moral traditions agree on a set of moral principles, which should make us more confident about the prospects of truth in ethics. I show that the result of this Convergence Argument can be interpreted in two ways. Either there remain three separate and deontically equivalent theories or there remains just one theory, the (...) Triple Theory. Both interpretations fail to deliver what Parfit is looking for. The first interpretation leads to a situation of underdetermination of theory choice that gives rise to a skeptical challenge. The second interpretation jettisons Parfit’s Conciliatory Project, that is, the reconciliation of the three moral traditions. The dilemma, I contend, is the result of Parfit failing to resolve two antithetical lines of thought. His search for the Trinity of moral theorizing must thus fail. (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)