Kann "Gott" Thema einer vernunftigen, undogmatischen Philosophie sein? Wenn ja, in welcher Weise? Uber eine systematische Rekonstruktion des philosophischen Werkes von Simon L. Frank (1877-1950) werden diese Fragen erortert. Der erkenntnismetaphysische Grundansatz Franks vereinigt Transzendentalphilosophie und Phanomenologie. Er fuhrt zu einer "Fundamentalontologie", die durch ihre immanente Verbindung zur Anthropologie wesentlich personale Ontologie ist. Der Uberschritt zur philosophischen Theologie wird anhand des Begriffes "religioser Erfahrung" herausgearbeitet. Wissenschaftlichkeit sowie philosophische und religiose Adaquatheit dieses Unterfangens werden uberpruft. Dabei wird sowohl dem Verdacht auf (...) "Ontotheologie" als auch dem Vorwurf des "Pantheismus" kritisch nachgegangen. (shrink)

What is intellectual humility? In this essay, we aim to answer this question by assessing several contemporary accounts of intellectual humility, developing our own account, offering two reasons for our account, and meeting two objections and solving one puzzle.

Recent decades have seen a revived interest in super-substantivalism, the idea that spacetime is the only fundamental substance and matter some kind of aspect, property or consequence of spacetime structure. However, the metaphysical debate so far has misidentified a particular variant of super-substantivalism with the position per se. I distinguish between a super-substantival core commitment and different ways of fleshing it out. I then investigate how general relativity and alternative spacetime theories square with the different variants of super-substantivalism.

According to classical physics particles are basic building blocks of the world. These classical particles are distinguishable objects, individuated by unique combinations of physical properties. By contrast, in quantum mechanics the received view is that particles of the same kind are physically indistinguishable from each other and lack identity. This doctrine rests on the quantum mechanical symmetrization postulates together with the “factorist” assumption that each single particle is represented in exactly one factor space of the tensor product Hilbert space of (...) a many-particle system. Even though standard in theoretical physics and the philosophy of physics, the assumption of factorism and the ensuing indistinguishability of particles are problematic. Particle indistinguishability is irreconcilable with the everyday meaning of “particle”, and also with how this term is used in the practice of physics. Moreover, it is a consequence of the standard view that identical quantum particles remain indistinguishable even in the classical limit, which makes a smooth transition to the classical particle concept impossible. Lubberdink and Dieks and Lubberdink have proposed an alternative conception of quantum particles that does not rely on factorism and avoids these difficulties. We further explain and discuss this alternative framework here. One of its key consequences is that particles in quantum theory are not fundamental but emergent; another that once they have emerged, quantum particles are always physically distinguishable and thus possess a physically grounded identity. (shrink)

I argue that, contrary to folklore, Einstein never really cared for geometrizing the gravitational or the electromagnetic field; indeed, he thought that the very statement that General Relativity geometrizes gravity "is not saying anything at all". Instead, I shall show that Einstein saw the "unification" of inertia and gravity as one of the major achievements of General Relativity. Interestingly, Einstein did not locate this unification in the field equations but in his interpretation of the geodesic equation, the law of motion (...) of test particles. (shrink)

Bringing together the latest work from leading scholars in this emerging and vibrant subfield of law, this book examines the philosophical issues that inform the intersection between law and neuroscience.

Are propositions of law true or false? If so, what does it mean to say that propositions of law are true and false? This book takes up these questions in the context of the wider philosophical debate over realism and anti-realism. Despite surface differences, Patterson argues that the leading contemporary jurisprudential theories all embrace a flawed conception of the nature of truth in law. Instead of locating that in virtue of which propositions of law are true, Patterson argues that lawyers (...) use forms of argument to show the truth of propositions of law. Additionally, Patterson argues that the realism/anti-realism debate in jurisprudence is part of a larger argument over the role of postmodernism in jurisprudence. For this, Patterson offers an analytic account of postmodernism and charts its implications for legal theory. This book will be of interest to those in legal theory, philosophy, social and political theory, and ethics. (shrink)

I describe how relativistic field theory generalizes the paradigm property of material systems, the possession of mass, to the requirement that they have a mass–energy–momentum density tensor T µ associated with them. I argue that T µ does not represent an intrinsic property of matter. For it will become evident that the definition of T µ depends on the metric field g µ in a variety of ways. Accordingly, since g µ represents the geometry of spacetime itself, the properties of (...) mass, stress, energy, and momentum should not be seen as intrinsic properties of matter, but as relational properties that material systems have only in virtue of their relation to spacetime structure. (shrink)

Suppose that you are engaging with someone who is your oppressor, or someone who espouses a heinous view like Nazism or a ridiculous view like flat-earthism. In contexts like these, there is a disparity between you and your interlocutor, a dramatic normative difference across which you are in the right and they are in the wrong. As theorists of humility, we find these contexts puzzling. Humility seems like the *last* thing oppressed people need and the *last* thing we need in (...) dealing with those whose views are heinous or ridiculous. Responding to such people via humility seems uncalled for, even inappropriate. But how could this be, given that humility is a *virtue*? The purpose of the paper is to explore this puzzle. We explain what the puzzle is and then attempt to draw some lessons from it: first, the lesson that the importance of humility is limited in several ways, and second, the lesson that humility nonetheless has several important roles to play, even for people who are in the right in contexts of disparity. (shrink)

In a recent comment on H.L.A. Hart’s ‘Postscript’ to The Concept of Law, Ronald Dworkin claims that the meaning of legal and political concepts may be understood by analogy to the meaning of natural kind concepts like ‘tiger’, ‘gold’ and ‘water’. This article questions the efficacy of Dworkin’s claims by challenging the use of natural kinds as the basis for a semantic theory of legal and political concepts. Additionally, in matters of value there is no methodological equivalent to the scientific (...) method. Thus, there is little hope of finding hidden essences to explain the meaning of legal and political concepts. Finally, even if there are natural kinds, Dworkin’s arguments for their efficacy in jurisprudence are problematic and unpersuasive. The problem for Dworkin is that his embrace of natural kinds undermines the ‘fit’ side of the fit/justification model of adjudication that lies at the heart of his theory of law. (shrink)

Einstein regarded as one of the triumphs of his 1915 theory of gravity - the general theory of relativity - that it vindicated the action-reaction principle, while Newtonian mechanics as well as his 1905 special theory of relativity supposedly violated it. In this paper we examine why Einstein came to emphasise this position several years after the development of general relativity. Several key considerations are relevant to the story: the connection Einstein originally saw between Mach's analysis of inertia and both (...) the equivalence principle and the principle of general covariance, the waning of Mach's influence owing to de Sitter's 1917 results, and Einstein's detailed correspondence with Moritz Schlick in 1920. (shrink)

Experimental evidence of the last decades has made the status of ``collapses of the wave function'' even more shaky than it already was on conceptual grounds: interference effects turn out to be detectable even when collapses are typically expected to occur. Non-collapse interpretations should consequently be taken seriously. In this paper we argue that such interpretations suggest a perspectivalism according to which quantum objects are not characterized by monadic properties, but by relations to other systems. Accordingly, physical systems may possess (...) different properties with respect to different ``reference systems''. We discuss some of the relevant arguments, and argue that perspectivalism both evades recent arguments that single-world interpretations are inconsistent and eliminates the need for a privileged rest frame in the relativistic case. (shrink)

It has often been remarked that Bohr's writings on the interpretation of quantum mechanics make scant reference to the mathematical formalism of quantum theory; and it has not infrequently been suggested that this is another symptom of the general vagueness, obscurity and perhaps even incoherence of Bohr's ideas. Recent years have seen a reappreciation of Bohr, however. In this article we broadly follow this "rehabilitation program". We offer what we think is a simple and coherent reading of Bohr's statements about (...) the interpretation of quantum mechanics, basing ourselves on primary sources and making use of and filling lacunas in|recent secondary literature. We argue that Bohr's views on quantum mechanics are more firmly connected to the structure of the quantum formalism than usually acknowledged, even though Bohr's explicit use of this formalism remains on a rather global and qualitative level. In our reading, Bohr's pronouncements on the meaning of quantum mechanics should first of all be seen as responses to concrete physical problems, rather than as expressions of a preconceived philosophical doctrine. In our final section we attempt a more detailed comparison with the formalism and conclude that Bohr's interpretation is not far removed from present-day non-collapse interpretations of quantum mechanics. (shrink)

The problem of motion in general relativity is about how exactly the gravitational field equations, the Einstein equations, are related to the equations of motion of material bodies subject to gravitational fields. This article compares two approaches to derive the geodesic motion of matter from the field equations: the ‘T approach’ and the ‘vacuum approach’. The latter approach has been dismissed by philosophers of physics because it apparently represents material bodies by singularities. I argue that a careful interpretation of the (...) approach shows that it does not depend on introducing singularities at all and that it holds at least as much promise as the T approach. (shrink)

The articles in this new edition of A Companion to Philosophy of Law and Legal Theory have been updated throughout, and the addition of ten new articles ensures ...

This book represents a considerable revision and expansion of Public Choice II. Six new chapters have been added, and several chapters from the previous edition have been extensively revised. The discussion of empirical work in public choice has been greatly expanded. As in the previous editions, all of the major topics of public choice are covered. These include: why the state exists, voting rules, federalism, the theory of clubs, two-party and multiparty electoral systems, rent seeking, bureaucracy, interest groups, dictatorship, the (...) size of government, voter participation, and political business cycles. Normative issues in public choice are also examined including a normative analysis of the simple majority rule, Bergson–Samuelson social welfare functions, the Arrow and Sen impossibility theorems, Rawls's social contract theory and the constitutional political economy of Buchanan and Tullock. (shrink)

I argue that recent attempts to vindicate blame have failed to fully face the vengeful feelings and angry outbursts that have led to scepticism about blame’s ethical status. This paper ende...

We in the accounting profession have long shown an interest in presenting an ethical image. But are accountants more ethical than others in the business world? In order to answer that question, a survey was mailed to 250 lower-level accounting professionals to determine their perceptions of the importance of nineteen head and heart trait items first identified by Maccoby. The results, based on 134 replies, indicate that accountants have a higher perception of the importance of the heart traits that have (...) been associated with ethical inclinations than both managers and business students surveyed previously. However, in that head trait items still dominate in terms of importance, if accountants are more ethical, it is not to an overwhelming degree. (shrink)

Robert Alexy has built his original theory of law upon pervasive claims for “necessary” features of law. In this article, I show that Alexy's claims suffer from two difficulties. First, Alexy is never clear about what he means by “necessity.” Second, Alexy writes as if there have been no challenges to claims of conceptual necessity. There have been such challenges and Alexy needs to answer them if his project is to succeed.

This Perspective traces the evolution of certain central notions in the theory of Generative Grammar (GG). The founding documents of the field suggested a relation between the grammar, construed as recursively enumerating an infinite set of sentences, and the idealized native speaker that was essentially equivalent to the relation between a formal language (a set of well-formed formulas) and an automaton that recognizes strings as belonging to the language or not. But this early view was later abandoned, when the focus (...) of the field shifted to the grammar's strong generative capacity as recursive generation of hierarchically structured objects as opposed to strings. The grammar is now no longer seen as specifying a set of well-formed expressions and in fact necessarily constructs expressions of any degree of intuitive “acceptability.” The field of GG, however, has not sufficiently acknowledged the significance of this shift in perspective, as evidenced by the fact that (informal and experimentally-controlled) observations about string acceptability continue to be treated as bona fide data and generalizations for the theory of GG. The focus on strong generative capacity, it is argued, requires a new discussion of what constitutes valid empirical evidence for GG beyond observations pertaining to weak generation. (shrink)

In this cutting edge volume. Dennis Patterson has put together a collection of essays on the topic of law and justice in postmodern society. While trying to avoid a singular point of view for this compilation, Patterson has carefully chosen articles which highlight common themes, problems, and questions.

Arguments for the importance of neuroscience reach across many disciplines. Advocates of neuroscience have made wide-ranging claims for neuroscience in the realms of ethics, value, and law. In law, for example, many scholars have argued for an increased role for neuroscientific evidence in the assessment of criminal responsibility. In this article, we take up claims for the explanatory role of neuroscience in matters of morals and law. Drawing on our previous work together, we assess the cogency of neuroscientific explanations of (...) three issues that arise in these domains: rule-following, interpretation, and knowledge. We critique these explanations and in general challenge claims as to the efficacy of the neuroscientific accounts. (shrink)

The question What makes a promise binding? has received much attention both from philosophers and lawyers. One argument is that promises are binding because the act of making a promise creates expectations in the promisee, which expectations it would be morally wrong to disappoint. Another argument is grounded in the effects engendered by the making of a promise, specifically actions taken in reliance upon the promise. These two positions, the so-called expectation and reliance theories, have traditionally been thought to be (...) incommensurable. In a recent article, Promises and Practices, Thomas Scanlon advances a theory of promising developed out of both of these positions. This article argues that Scanlon 's argument fails because it cannot avoid the incommensurability of the expectation and reliance principles. (shrink)

Taking up a single question--"What does it mean to say a proposition of law is true?"--this book advances a major new account of truth in law. Drawing upon the later philosophy of Wittgenstein, as well as more recent postmodern theory of the relationship between language, meaning, and the world, Patterson examines leading contemporary jurisprudential approaches to this question and finds them flawed in similar and previously unnoticed ways. He offers a powerful alternative account of legal justification, one in which linguistic (...) practice--the use of forms of legal argument--holds the key to legal meaning. (shrink)

Wittgenstein's distinction between understanding and interpretation is fundamental to the account of meaning in _Philosophical Investigations. In his discussion of rule-following, Wittgenstein explicitly rejects the idea that understanding or grasping a rule is a matter of interpretation. Wittgenstein explains meaning and rule-following in terms of action, rejecting both realist and Cartesian accounts of the mental. I argue that in his effort to employ Wittgenstein's views on meaning and rule-following, Professor Morawetz embraces the position Wittgenstein rejects. In the course of making (...) his case for law as a "deliberative practice", Professor Morawetz embraces interpretation as a fundamental element of human practices, thereby taking up precisely the view Wittgenstein rejects. (shrink)

Role modeling is widely thought to be a principal vehicle for acquiring the virtues. Yet, little is known about role modeling as a process. This paper surveys the behavioral sciences for insights about how one person can find the actions of another person so inspirational that the person attempts to reproduce the behavior in question. In general, such inspiration occurs when an observer sees a model similar to herself, wrestling with a problem she is having, such that the model’s accomplishments (...) are seen as attainable. When the behavior modeled is moral, additional complications arise, not the least of which is the contemporary skepticism about anyone held up as a hero. The paper concludes with some suggestions about how organizations can facilitate the development of the virtues through role modeling. (shrink)

It has been argued that, on Kantian grounds, pedophiles, rapists and murderers are morally obligated to take their own lives prior to committing a violent action that will end their moral agency. That is, to avoid destroying the agent's moral life by performing a morally suicidal action, the agent, while he still is a moral agent, should end his body's life. Although the cases of dementia and the morally reprehensible are vastly different, this Kantian interpretation might be useful in the (...) debate on the permissibility of suicide for those facing dementia's effects. If moral agents have a duty to act as moral agents, then those who will lose their moral identity as moral agents have an obligation to themselves to end their physical lives prior to losing their dignity as persons. (shrink)

Abstract:Recent developments in personality research point to an alchemy of character composed of five elements: extroversion, agreeableness, conscientiousness, neuroticism, and openness to experience. This paper surveys this research for its implications to the study of the virtues in organizational ethics. After subjecting each of these five character traits to several tests as to what constitutes a virtue, the empirical evidence supports an organizational virtue of agreeableness and an organizational virtue of conscientiousness. Although the empirical evidence falls short, an argument is (...) mobilized on behalf of an additional organizational virtue of openness to experience. (shrink)

Moral imagination is a process that involves a thorough consideration of the ethical elements of a decision. We sought to explore what might distinguish moral imagination from other ethical approaches within a complex business simulation. Using a three-component model of moral imagination, we sought to discover whether organization cultures with a salient ethics theme activate moral imagination. Finding an effect, we sought an answer to whether some individuals were more prone to being influenced in this way by ethical cultures. We (...) found that employees with strong moral identities are less influenced by such cultures than employees whose sense of self is not defined in moral terms. (shrink)

This book brings together the relevant interdisciplinary and method elements needed to form a conceptual framework that is both pragmatic and rigorous. By using the best, and often the latest, work in thanatology, psychology, neuroscience, sociology, physics, philosophy and ethics, it develops a framework for understanding both what death is - which requires a great deal of time spent developing definitions of the various types of identity-in-the-moment and identity-over-time - and the values involved in death. This pragmatic framework answers questions (...) about why death is a form of loss; why we experience the emotional reactions, feelings and desires that we do; which of these reactions, feelings and desires are justified and which are not; if we can survive death and how; whether our deaths can harm us; and why and how we should prepare for death. Thanks to the pragmatic framework employed, the answers to the various questions are more likely to be accurate and acceptable than those with less rigorous scholarly underpinnings or which deal with utopian worlds.. (shrink)

A study involving purchasing managers was conducted to test specific Hunt-Vitell theoretical propositions concerning the determinants of managers' teleological evaluations. We extended the Hunt-Vitell model by developing a new integrative construct, namely the desirability of consequences to self versus others. We hypothesized that desirability of consequences affects teleological evaluations in that the more desirable the consequences of a particular action, the more likely managers evaluate that action positively. The results of the present study provided support for this hypothesis. Furthermore, we (...) extended the Hunt-Vitell model by developing a new integrative construct, namely the desirability of consequences of self versus others. We hypothesized that cognitive moral development moderates the relationship between the desirability of consequences of self versus others and teleological evaluation. The results failed to support this hypothesis. We explained the lack of support in terms of the level of aggregation of the data, the possibility of the confounding effect of respondents' sensitivity to ethical issues, and the possibility that deontological evaluations confounded the respondents' teleological judgments. Future research and managerial implications of the findings were also discussed. (shrink)

Abstract:Recent developments in personality research point to an alchemy of character composed of five elements: extroversion, agreeableness, conscientiousness, neuroticism, and openness to experience. This paper surveys this research for its implications to the study of the virtues in organizational ethics. After subjecting each of these five character traits to several tests as to what constitutes a virtue, the empirical evidence supports an organizational virtue of agreeableness and an organizational virtue of conscientiousness. Although the empirical evidence falls short, an argument is (...) mobilized on behalf of an additional organizational virtue of openness to experience. (shrink)

In this article, I respond to critiques of my book Kant’s Radical Subjectivism: Perspectives on the Transcendental Deduction (London: Palgrave Macmillan, 2017). I address issues that are raised concerning objectivity, the nature of the object, the role of transcendental apperception and the imagination, and idealism. More in particular I respond to an objection against my reading of the necessary existence of things in themselves and their relation to appearances. I also briefly respond to a question that relates to the debate (...) on Kantian nonconceptualism, more in particular, the question whether Kant allows animals objective intentionality. Lastly, I respond to one objection against my reading of Hegel’s critique of Kant. (The copy uploaded here is an English translation of the original Dutch version that is published in the journal.). (shrink)

Guanxi, or social networks common in Confucian cultures, has long been recognized as one of the major factors for success when doing business in China. However, insider networks in business are certainly not confined to Asian cultures, nor is the attendant possibility for corruption. This study obtained original data to investigate current Taiwanese perceptions of (1) how guanxi is established and cultivated; (2) how guanxi actually is practiced now and people’s acceptance of it; and (3) the effects of guanxi on (...) business operations, employment/promotion, and social justice and fairness. The researchers also hope to (4) verify some arguments made by pioneering researchers. The authors speculate on how these attitudes may affect behavior in business transactions in hopes of making readers more aware of differing cultural values that may create unexpected ethical dilemmas. They suggest that professional ethical codes should provide guidance on the practice of guanxi in a Confucian society and that special emphasis or training in interpreting those codes may be required. (shrink)

The paper attempts to provide a basis for exploring the continued relevance of Catholic social teaching to business ethics, byinterpreting the historic development of a Catholic work ethic and the traditions of Catholic social teaching in light of contemporary discussions of economic globalization, notably those of Robert Reich and Peter Drucker. The paper argues that the Catholic work ethic and the Church’s tradition of social teaching has evolved dynamically in response to the structural changes involved in the history of modern (...) economic development, and thus is well poised to speak to the ethical challenges implicit in the advent of a knowledge-based society. In order to test this thesis, the author sketches an approach to the ethical challenge of corporate downsizing that he believes illustrates the continued relevance of Catholic social teaching to business ethics. (shrink)