– The paper defends a naturalistic version of modal actualism according to which what is metaphysically possible is determined by dispositions found in the actual world. We argue that there is just one world—this one—and that all genuine possibilities are anchored by the dispositions exemplified in this world. This is the case regardless of whether or not those dispositions are manifested. As long as the possibility is one that would obtain were the relevant disposition manifested, it is a genuine (...) possibility. Furthermore, by starting from actual dispositional properties and branching out, we are able to include possibilities that are quite far removed from any state of affairs that happens to obtain, while still providing a natural and actual grounding of possibility. Stressing the importance of ontological considerations in any theory of possibility, it is argued that the account of possibility in terms of dispositional properties provides a more palatable ontology than those of its competitors. Coming at it from the other direction, the dispositional account of possibility also provides motivation for taking an ontology of dispositions more seriously. As well as the relevant dispositional notions required to lay out the view, the paper discusses the dispositional realism needed as the basis for the account of possibility. (shrink)

The paper defends a naturalistic version of modal actualism according to which what is metaphysically possible is determined by dispositions found in the actual world. We argue that there is just one world – this one – and that all genuine possibilities are grounded in the dispositions exemplified in it. This is the case whether or not those dispositions are manifested. As long as the possibility is one that would obtain were the relevant disposition manifested, it is a genuine (...) possibility. Furthermore, by starting from actual dispositional properties and branching out, we are able to countenance possibilities quite far removed from any state of affairs that happens to obtain, while still providing a natural and actual grounding of possibility. Stressing the importance of ontological considerations in any theory of possibility, it is argued that the account of possibility in terms of dispositional properties provides a more palatable ontology than those of its competitors. Coming at it from the other direction, the dispositional account of possibility also provides motivation for taking an ontology of dispositions more seriously. (shrink)

An original contribution to fundamental metaphysics. It offers a theory of possible individuals and possible worlds. It endeavors to show how its theory of possibility is adequate to various philosophical demands, such as those of modal logic. It employs its theory of possibility to clarify and resolve issues concerning such topics as disposition concepts and counterfactual conditionals. And it deals fruitfully with related metaphysical problems, such as essentialism, the doctrine of internal relations, and so on. (...) The theory of possibility, spelled out formally and with considerable detail, is a development of the approach to possibility suggested by Rescher in his earlier book, Conceptual Idealism. (shrink)

Werkhoven’s ‘A Dispositional Theory of Health’ is an important and original contribution to debates about the disease concept, which persuasively demonstrates that dispositions must play some role in a full account of what it is to be healthy or ill. Unfortunately, as a theory, it cannot as it stands be correct.I first demonstrate what appears to be a significant, and possibly fatal, flaw; the proliferation of dispositions which Werkhoven’s theory requires makes impossible, at least in the (...) absence of significant further metaphysical work, the comparative numerical judgements on which its account of health and illness are based. I then demonstrate two further problems, concerning the exclusion of ‘technological’ dispositions from those under consideration, and a large class of compensatory biological functions which Werkhoven’s theory seems to have overlooked. (shrink)

Werkhoven’s ‘A Dispositional Theory of Health’ is an important and original contribution to debates about the disease concept, which persuasively demonstrates that dispositions must play some role in a full account of what it is to be healthy or ill. Unfortunately, as a theory, it cannot as it stands be correct.I first demonstrate what appears to be a significant, and possibly fatal, flaw; the proliferation of dispositions which Werkhoven’s theory requires makes impossible, at least in the (...) absence of significant further metaphysical work, the comparative numerical judgements on which its account of health and illness are based. I then demonstrate two further problems, concerning the exclusion of ‘technological’ dispositions from those under consideration, and a large class of compensatory biological functions which Werkhoven’s theory seems to have overlooked. (shrink)

Externalists about epistemic justification have long emphasized the connection between truth and justification, with this coupling finding explicit expression in process reliabilism. Process reliabilism, however, faces a number of severe difficulties, leading disenchanted process reliabilists to find a new theoretical home. The conceptual flag under which such epistemologists have preferred to gather is that of dispositions. Just as reliabilism is determined by the frequency of a particular outcome, making it possible to characterize justification in terms of a particular relationship to (...) truth, dispositions are accompanied by concrete, worldly manifestations. By taking true beliefs as the result, not of certain processes but of particular dispositions, these epistemologists have attempted to respond to the numerous obstacles to reliabilism. Yet all this work has proceeded without regard to the wealth of contemporary work on the metaphysics of dispositions, making the new hope premature at best, ill-founded at worst. Combining contemporary dispositional accounts of justification with extant analyses of dispositions reveals that the latter is the case. The structural differences between epistemic justification and dispositions make it clear that not only should process reliabilism be abandoned, but the subsequent appeal to dispositions along with it. (shrink)

Possible worlds, concrete or abstract as you like, are irrelevant to the truthmakers for modality—or so I shall argue in this paper. First, I present the neo-Humean picture of modality, and explain why those who accept it deny a common sense view of modality. Second, I present what I take to be the most pressing objection to the neo-Humean account, one that, I argue, applies equally well to any theory that grounds modality in possible worlds. Third, I present an (...) alternative, properties-based theory of modality and explore several specific ways to flesh the general proposal out, including my favored version, the powers theory. And, fourth, I offer a powers semantics for counterfactuals that each version of the properties-based theory of modality can accept, mutatis mutandis. Together with a definition of possibility and necessity in terms of counterfactuals, the powers semantics of counterfactuals generates a semantics for modality that appeals to causal powers and not possible worlds. (shrink)

Logic begins but does not end with the study of truth and falsity. Within truth there are the modes of truth, ways of being true: necessary truth and contingent truth. When a proposition is true, we may ask whether it could have been false. If so, then it is contingently true. If not, then it is necessarily true; it must be true; it could not have been false. Falsity has modes as well: a false proposition that could not have been (...) true is impossible or necessarily false; one that could have been true is merely contingently false. The proposition that some humans are over seven feet tall is contingently true; the proposition that all humans over seven feet tall are over six feet tall is necessarily true; the proposition that some humans are over seven feet tall and under six feet tall is impossible, and the proposition that some humans are over nine feet tall is contingently false. Of these four modes of truth, let us focus on necessity, plus a fifth: possibility. A proposition is possible if it is or could have been true; hence propositions that are either necessarily true, contingently true, or contingently false are possible. Notions that are similar to the modes of truth in being concerned with what might have been are called modal. Dispositions are modal notions, for example the disposition of fragility. Relatedly, there are counterfactual conditionals, for example “if this glass were dropped, it would break.” And the notion of supervenience is modal.1 But let us focus here on necessity and possibility. Modal words are notoriously ambiguous (or at least context-sensitive2). I may reply to an invitation to give a talk in England by saying “I can’t come; I have to give a talk in California the day before”. This use of “can’t” is perfectly appropriate. But it would be equally appropriate for me to say that I could cancel my talk in California (although that would be rude) and give the talk in England instead. What I cannot do is give both talks.. (shrink)

It is intuitively plausible that not every evildoer is an evil person. In order to make sense of this intuition we need to construct an account of evil personhood in addition to an account of evil action. Some philosophers have offered aggregative accounts of evil personhood, but these do not fit well with common intuitions about the explanatory power of evil personhood, the possibility of moral reform, and the relationship between evil and luck. In contrast, a dispositional account (...) of evil personhood can allow that evil is explanatory, that an evil person can become good, and that luck might prevent evil persons from doing evil or cause non-evil persons to do evil. Yet the dispositional account of evil personhood implies that some evil persons are blameless, which seems to clash with the intuition that evil persons deserve our strongest moral condemnation. Moreover, since it is likely that a large proportion of us are disposed to perform evil actions in some environments, the dispositional account threatens to label a large proportion of people evil. In this paper I consider a range of possible modifications to the dispositional account that might bring it more closely into alignment with our intuitions about moral condemnation and the rarity of evil persons. According to the most plausible of these theories, S is an evil person if S is strongly disposed to perform evil actions when in conditions that favour S's autonomy. (shrink)

Some things happen or exist only contingently: although they do happen or exist, they do not have to. Some other things do not happen or come to exist, although they could. They are contingent possibilities. Philosophers have tried to understand contingent possibilities in two different ways. According to one, possibilities should be understood with reference to worlds. A nonactual event is possible because there is a world in which it does happen. According to another, possibilities should be understood with reference (...) to modal properties. An event or an object is possible because it would occur or come to exist if a modal property of some substance, another object or set of objects were exercised. -/- This book argues that the latter approach provides a better account of possibilities than the former. It develops a theory of contingent possibilities according to which possibilities within a world must be distinguished from the possibility of worlds. It is the distribution of modal properties within a world which metaphysically determines what could happen in that world. The most important of these modal properties are abilities and dispositions. Dispositions explain nomic and behavioural regularities, while abilities ground more or less abstract possibilities. By way of connecting the ascription of more or less specific modal properties to different counterfactual conditionals, we can identify various possibilities that we are concerned with when we try to understand what can happen in our world. (shrink)

A central point of contention in the ongoing debate between Humean and anti-Humean accounts of moral motivation concerns the theoretical credentials of the idea of mental states that are cognitive and motivational at the same time. Humeans claim that this idea is incoherent and thereby unintelligible (M. Smith, The Moral Problem, Blackwell 1994). I start by developing a linguistic argument against this claim. The semantics of certain ‘learning to’ and ‘knowing to’ ascriptions points to a dispositional state that has (...) both motivational and cognitive properties: habitual knowledge, as we may call it. But there is nothing unintelligible or incoherent about such ascriptions as they figure in the explanation and assessment of action. This suggests that the idea of a state that has both cognitive and motivational properties is not an artefact of philosophical speculation. Moreover, I suggest that action explanations that appeal to habitual knowledge, which are a variety of habit explanation, present distinctive problems for Humean accounts. The discussion bears on the relationship between habitual knowledge and knowing-how, and its possible significance for anti-Humean accounts of moral motivation. (shrink)

This essay asks how we might articulate a political theory of algorithms. To do so, I propose a political ontology of the algorithm dispositif that elaborates how algorithms arrange the movement of energies in space and time, and how they do so automatically. This force of arrangement is what I refer to as the dispositional power of algorithms that I identify as a political physics of vital processes. The essay is divided into three sections. The first provides readers (...) of Political Theory with a discussion of three notable works in the field of critical algorithm studies relevant to a political theory of algorithms. The subsequent sections of the essay elaborate an understanding of the political ontology of the algorithm dispositif by focusing on the difference that a virtual ontology introduces to our political reflections and on the cybernetic operation of negative feedback that I identify as foundational to understanding an algorithm’s political physics of vital processes. I conclude that any political theory engagement with technical media can’t simply rest on an epistemic analysis of the normative effects of media but must also pursue an investigation into a medium’s modes of existence in the world. (shrink)

Dispositionality and qualitativity are key notions to describe the world that we inhabit. Dispositionality is a matter of what a thing is disposed to do in certain circumstances. Qualitativity is a matter of how a thing is like. According to the Identity Theory of powers, every fundamental property is at once dispositional and qualitative, or a powerful quality. Canonically, the Identity Theory holds a contentious identity claim between a property’s dispositionality and its qualitativity. In the literature, this (...) view faces a contradiction objection that undermines its merits. We should therefore consider an alternative version that does not embrace the identity claim. My aim is to show that we can enjoy the benefits of the Identity Theory without embracing the identity between the dispositional and the qualitative. I shall argue that a distinction between two senses of dispositionality and qualitativity serves the purpose. I will then discuss three readings of the identity claim that can be formulated in light of such a distinction. I will conclude that even if the identity were to fail in any of the suggested readings, it would be possible to hold an account of fundamental powerful qualities. (shrink)

The world as perceived by human beings is full of colour. The world as described by physical scientists is composed of colourless particles and fields. Philosophical theories of colour since the scientific revolution have been primarily driven by a desire to harmonize these two apparently conflicting pictures of the world. Any adequate theory of colour has to be consistent with the characteristics of colour as perceived without contradicting the deliverances of the physical sciences. Given this conception of the aim (...) of a theory of colour, there are three possibilities for resolving the apparent conflict between the scientific and perceptual facts. The first possibility is to deny that physical objects have colours. Theories of this kind admit that objects appear coloured but maintain that these appearances are misleading. The conflict is resolved by removing colour from the external world. Second, it might be that colour is a relational property. For an object to possess a particular colour it must be related in the right way to a perceiver. One common version of this view analyzes colour as a disposition to cause particular kinds of perceptual experiences in a human being. Since the physical sciences deal only with the intrinsic properties of physical objects and their relations to other physical objects and not their relations to perceiving subjects, the possibility of conflict is removed. A third possible response to the conflict is to maintain that colour really is a property of external objects and that the conflict is merely apparent. Some theories of this form maintain that colour is identical to a physical property of objects. Others maintain that colour is a property that physical objects possess over and above all their physical <blockquote> 1 </blockquote> properties. Philosophical discussions of colour typically take the form of either elaborating on one of these three possibilities or attempting to show more generally that one of these three types of responses is to be preferred to the others.. (shrink)

Most elpistologists now agree that hope for a specific outcome involves more than just desire plus the presupposition that the outcome is possible. This paper argues that the additional element of hope is a disposition to focus on the desired outcome in a certain way. I first survey the debate about the nature of hope in the recent literature, offer objections to some important competing accounts, and describe and defend the view that hope involves a kind of focus or attention. (...) I then suggest that this account makes sense of the intuitive thought that there are moral and pragmatic norms on hope that go beyond the norms on desires and modal presuppositions. I conclude by considering some key questions. (shrink)

Adopting a dispositional theory of value promises to deliver a lot of theoretical goodies. One recurring problem for dispositional theories of value, though, is a problem about nonconvergence. If being a value is being disposed to elicit response R in us, what should we say if it turns out that not everybody is disposed to have R to the same things? One horn of the problem here is a danger of the view collapsing into an error (...) class='Hi'>theory—of it turning out, on account of the diversity of agents' relevant dispositions, that nothing is really a value, since nothing is disposed to elicit R in everybody. Alternatively, there is a danger of an objectionable fragmentation of value, according to which there is no such thing as a value simpliciter, but only valuesme and valuesyou, valuesus and valuesthem. I advocate a de se relativist version of a dispositional theory of value. If we go for this sort of de-se-ified dispositional theory, we get to keep our theoretical goodies, but we avoid the problem of nonconvergence that leads to a danger of either collapse into an error theory, or else talking-past, and a loss of common subject matter. (shrink)

On a naive reading of the major accounts of love, love is a kind of mental event. A recent trend in the philosophical literature on love is to reject these accounts on the basis that they do not do justice to the historical dimension of love, as love essentially involves a distinctive kind of temporally extended pattern. Although the historicist account has advantages over the positions that it opposes, its appeal to the notion of a pattern is problematic. I will (...) argue that an account of love as disposition, suitably construed, is superior to the historicist account in that it has the advantages the historicist account has without its problems. In addition, the dispositional account has advantages of its own. (shrink)

I examine Alexander of Aphrodisias’ theory of action, addressing the question how his view that human actions are determined by reason accounts for the capacity of doing otherwise. Calling into question the standard view that Alexander frees agents from internal determination, I argue that (1) the capacity of doing otherwise is a consequence of determination by reason, since it enables agents to do something different from what they would have done had they followed external circumstances; and (2) this capacity (...) is compatible with causal determination by reason because as a case of potentiality for opposites, it grants agents the qualified possibility of doing otherwise insofar as their nature as human beings is concerned – a possibility which remains also when their actions are causally determined by reason and by their internal disposition. I show further that these elements of Alexander’s theory of action are ultimately based on his conception of the soul, specifically on his commitment to Aristotle’s view that the human soul is not purely rational, as the Stoics hold, but has nonrational and rational parts. (shrink)

As a step towards comprehensive computer models of communication, and effective human machine dialogue, some of the relationships between communication and affect are explored. An outline theory is presented of the architecture that makes various kinds of affective states possible, or even inevitable, in intelligent agents, along with some of the implications of this theory for various communicative processes. The model implies that human beings typically have many different, hierarchically organized, dispositions capable of interacting with new information to (...) produce affective states, distract attention, interrupt ongoing actions, and so on. High "insistence" of motives is defined in relation to a tendency to penetrate an attention filter mechanism, which seems to account for the partial loss of control involved in emotions. One conclusion is that emulating human communicative abilities will not be achieved easily. Another is that it will be even more difficult to design and build computing systems that reliably achieve interesting communicative goals. (shrink)

A satisfactory account of the nature of health is important for a wide range of theoretical and practical reasons. No theory offered in the literature thus far has been able to meet all the desiderata for an adequate theory of health. This article introduces a new theory of health, according to which health is best defined in terms of dispositions at the level of the organism as a whole. After outlining the main features of the account and (...) providing formal definitions of ‘health’, ‘healthy’, and ‘healthier than’, I present the main strengths of the proposed account. I argue that the proposed dispositional theory accounts for all paradigm cases of health and pathology, that it circumvents a number of problems faced by rival theories, and that it makes for a naturalistic theory of health with a rigorous metaphysical underpinning. 1Introduction 2The Dispositional Account 3Further Specification of the Dispositional Account 3.1Reference classes 3.2Comparison classes 3.3Which dispositions? 4Advantages of the Dispositional view 5Three Objections and Replies 5.1Objection 1: Counter-examples 5.2Objection 2: Issues with holism 5.3Objection 3: Expediting medicalization 6Final Remarks. (shrink)

David Armstrong's book is a contribution to the philosophical discussion about possible worlds. Taking Wittgenstein's Tractatus as his point of departure, Professor Armstrong argues that nonactual possibilities and possible worlds are recombinations of actually existing elements, and as such are useful fictions. There is an extended criticism of the alternative-possible-worlds approach championed by the American philosopher David Lewis. This major work will be read with interest by a wide range of philosophers.

Dispositional theories of the colours of objects identify an object’s having a certain colour with its being such that it would produce perceptions of certain kinds in perceivers of certain kinds under certain specified conditions. Without doubting that objects have dispositions to produce perceptions of certain kinds, this paper questions whether the relevant kinds of perceptions, perceivers, and conditions can be specified in a way that (i) does not rely on acceptance of any objects as being coloured in a (...) non-dispositional sense and (ii) secures the necessity of the identity between an object’s having the disposition so specified and its having the colour in question. Accepting any theory that looked as if it succeeded on both these counts would require an explanation of why a parallel identity does not hold for an object’s disposition to produce, e.g., perceptions of shape. (shrink)

In this essay I investigate the interplay between actual and potential properties of a thing within an Aristotelian conceptual framework. A minimal formal treatment of such interplay is proposed, outlining the actual or possible causal impact of these properties with respect to the changes of a thing in question. I also mention the historically interesting controversy between Aristotle and the Megarians concerning the relationship between power and act, as well as Hintikka’s application of the Principle of Plenitude. The essay ends (...) with certain suggestions for treating the problems of actual and potential properties by means of dispositions and contrary-to-fact conditionals. (shrink)

Gettier's reminder that knowledge cannot be identified with justified true belief started a heated debate about what knowledge really is.

A common objection to theories of vagueness based on fuzzy logics centres on the idea that assigning a single numerical degree of truth -- a real number between 0 and 1 -- to each vague statement is excessively precise. A common objection to Bayesian epistemology centres on the idea that assigning a single numerical degree of belief -- a real number between 0 and 1 -- to each proposition is excessively precise. In this paper I explore possible parallels between these (...) objections. In particular I argue that the only good objection along these lines to fuzzy theories of vagueness does not translate into a good objection to Bayesian epistemology. An important part of my argument consists in drawing a distinction between two different notions of degree of belief, which I call dispositional degree of belief and epistemic degree of belief. (shrink)

It is often thought that Blackburn and Boghossian have provided an effective reply to the finiteness objection to dispositional theories of meaning, presented by Kripke's Wittgenstein. In this paper I distinguish two possible readings of the sceptical demand for meaning-constitutive facts. The demand can be formulated in one of two ways: an A-question or a B-question. Any theory of meaning will give one of these explanatory priority over the other. I will then argue that the standard reply only (...) works if B-questions are seen as prior, while the dominant dispositionalist theories of meaning see A-questions as prior. (shrink)

Return from Exile: A Theory of Possibility challenges the modern understanding of possibility, which dates back to Leibniz and sees possibility as evasion, as irrelevant to the actual world. It offers an alternative account where reality is literally constituted of multiple possibilities.

In this article, I defend two claims about domination. The first is that dispositional theories, which hold that domination obtains just in case one has the ability to interfere with another, are not compelling in accounting for the domination of persons with severe cognitive disabilities. This is because these accounts fall victim to, what I call, the dependency challenge. The second claim is that exercise theories of domination, which hold that domination obtains only when one has actually interfered with (...) another, more plausibly account for the domination of persons with severe cognitive disabilities. (shrink)

In biological terms, human consciousness appears as a feature associated with the func- tioning of the human brain. The corresponding activities of the neural network occur strictly in accord with physical laws; however, this fact does not necessarily imply that there can be a comprehensive scientific theory of conscious- ness, despite all the progress in neurobiology, neuropsychology and neurocomputation. Pre- dictions of the extent to which such a theory may become possible vary widely in the scien- tific community. (...) There are basic reasons - not only practical but also epistemological - why the brain-mind relation may never be fully “decod- able” by general finite procedures. In partic- ular self-referential features of consciousness, such as self-representations involved in strate- gic thought and dispositions, may not be resolv- able in all their essential aspects by brain analy- sis. Assuming that such limitations exist, objec- tive analysis by the methods of natural science cannot, in principle, fully encompass subjective, mental experience. (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)

Thomas Aquinas is known for having endorsed the view that in our universe everything strives for a certain purpose. According to him not only rational agents act for the sake of specific ends, but every active substance does. It is this claim I reconstruct and discuss in this paper. I argue that it is based on Aquinas’ understanding of causality which is best – or so I suggest – conceived as a dispositional theory of causation. However, Aquinas does (...) not only provide a natural philosophical account of natural teleology. Rather, he substantiates this account by embedding the phenomenon of natural teleology into a monotheistic framework. As I will point out, this move leads to a severe tension in Aquinas’ theory of natural teleology and ultimately threatens to deprive him of his ability to account for the natural substances’ intrinsic teleology. Thomas von Aquin vertrat die Ansicht, dass in unserem Universum alles einen bestimmten Zweck anstrebt. Nicht nur rationale Akteure seien um eines gewissen Ziels tätig, sondern jede aktive Substanz. Hier rekonstruiere und diskutiere ich diese Ansicht. Ich führe aus, dass sie auf Thomas’ Kausalitätsverständnis beruht, das man am besten im Rahmen einer dispositionalen Kausalitätstheorie deuten sollte. Mit Rückgriff auf seinen Monotheismus liefert Thomas neben einer naturphilosophischen Erklärung auch eine theologische Erklärung der Naturteleologie. Wie ich argumentiere, führt diese theologische Einbettung der Naturteleologie zu einer Spannung, welche schließlich die Annahme intrinsischer Teleologie problematisch macht. (shrink)

Stephen Mumford puts forward a new theory of dispositions, showing how central their role is in metaphysics and philosophy of science. Much of our understanding of the physical and psychological world is expressed in terms of dispositional properties--from the solubility of sugar to the belief that zebras have stripes. Mumford discusses what it means to say that something has a property of this kind, and how dispositions can possibly be real things in the world. His clear, straightforward, realist (...) account reveals them to be less mysterious than they seem, and shows that an understanding of dispositions is essential to an understanding of properties, causation, and scientific laws. (shrink)

Many years ago, C.B. Martin drew our attention to the possibility of ‘finkish’ dispositions: dispositions which, if put to the test would not be manifested, but rather would disappear. Thus if x if finkishly disposed to give response r to stimulus s, it is not so that if x were subjected to stimulus r, x would give response z; so finkish dispositions afford a counter‐example to the simplest conditional analysis of dispositions. Martin went on to suggest that finkish dispositions (...) required a theory of primitive causal powers; there, I think, he was mistaken. All that they require is an improved conditional analysis, and this improved analysis can be built upon whatever treatments of properties and of laws we may favour on other grounds. (shrink)