It is often argued that the fact that intellectual objects—objects like ideas, inventions, concepts, and melodies—can be used by several people simultaneously makes intellectual property rights impossible or particularly difficult to morally justify. In this article, I assess the line of criticism of intellectual ownership in connection with a central category of intellectual property rights, economic rights to intellectual property. I maintain that it is unconvincing.

Al-Farabi, Avicenna and Averroes, widely known classical rationalists in the Arabic/Islamic philosophical tradition and strongly infl uential sources for Latin philosophy in the High Middle Ages, all thought themselves to be following Aristotle’s lead regarding the intellectual abstraction of intelligibles in the formation of necessary and unchanging scientific knowledge. For Aristotle it is clear that sensation is a potentiality for apprehending or coming to be individual sensed objects found in the world exterior to the human soul. This takes (...) place by way of a separation of the forms of sensibles from matter and a reception of them as an actualization of the senses of the soul. 1 In an analogous fashion, intellectual knowing is a potentiality for apprehending or coming to be in act non-individuated intellectual forms that are somehow in individuated particular sensible things. Although Aristotle says that “the objects of thought are in the sensible forms”, the analogy with sensation breaks down when it comes to the objects intellectually known. The reason for this is that the nonindividuated or universal forms of human knowledge are not in the sensibles in act as they must be in the intellect. 2 Again following Aristotle De Anima 3.4 and 3.5, these thinkers hold for a part of intellect that is passive or receptive of all things and another part that is active in making all things, this latter described as a disposition like light, this as well describing the active agent as acting like light. This second part, which the Arabic tradition called the Agent Intellect, sometimes describing it also as Active Intellect, al-‘aql al-fa‘il, was understood per Aristotelem to be an eternal cause of the intellectual forms in the human intellect. It was accepted that, without a grounding in separate eternal intellect, there may well be generalization or abstraction – in some sense of the 57term? but scientific knowledge understood as true, necessary and unchanging will not be achieved. 3 Of course, in Posterior Analytics 2.19 Aristotle writes of sensory experience and provides the image of a retreat gradually coming to a halt, saying, “The soul is so constituted that it is capable of the same sort of process”. This process somehow establishes the universal in the soul even though perception is of the particular. He describes this as taking place by induction, writing, “Clearly then it must be by induction that we acquire knowledge of the primary principles, because this is also the way in which general concepts are conveyed to us by sense-perception.” These are “first things” or primary principles or premises required by demonstration. And the Arabic tradition understood Aristotle to hold for the necessity of demonstration in the formation of scientific knowledge, something that stringently requires not only proper syllogistic form but also first premises that are known to be true, not just supposed or simply generalized on the basis of experience. 4 For the Arabic tradition, Aristotle?s doctrine of intellectual understanding required the involvement of that separate Agent Intellect to provide a solid foundation for human scientific knowledge by way of intellectual abstraction. (shrink)

The article presents problems of intellectual intuition in metaphysics from a semiotic point of view. There are various types of intuition in philosophy: rational intuition, irrational intuition, and sensual intuition. All of them are immediate ways of cognition. Classical metaphysics uses intellectual intuition as its main method to find out and justify its statements. The main problem of intellectual intuition is an intersubjective approach to the object of metaphysics. The main aim of this paper is the objectivization (...) and rationalization of intellectual intuition in language. The semantic notion of meaning and the pragmatic notion of understanding are the fundamental tools which are used to translate the issue of intuition from the subject-ma$er level into the language level. This operation allows to look at intuition in a non-psychological manner. It enables the objectivization of the method of intellectual intuition in the light of the understanding of meanings. (shrink)

Objective Apeiron was founded in 1966 and has developed into one of the oldest and most distinguished journals dedicated to the study of ancient philosophy, ancient science, and, in particular, of problems that concern both fields. Apeiron is committed to publishing high-quality research papers in these areas of ancient Greco-Roman intellectual history; it also welcomes submission of articles dealing with the reception of ancient philosophical and scientific ideas in the later western tradition. The journal appears quarterly. Articles are peer-reviewed (...) on a double-blind basis. Topics ancient philosophy ancient science reception of ancient philosophical and scientific ideas in the later western tradition Article formats Original Articles. (shrink)

The objective of this study is twofold: to examine the patterns that govern social reporting with reference to an Islamic framework and to identify the moral legitimacy factors that influence them. We select 146 publicly listed Sharia‐compliant companies and classify the disclosures in their annual reports according to an Islamic framework that categorises items as either Required, Expected or Desired to indicate the degree of importance each item carries from an Islamic perspective. Based on this framework, we then analyse moral (...) legitimacy factors, specifically the type of Sharia screening body and the proportion of Muslims in the population, that may influence the prioritisation of the different categories of social reporting. We find that disclosures that fall into the Required category of our framework—especially those that relate to companies’ involvement in “haram” activities (activities not permissible in Islam)—are still few among the companies studied. Our research also reveals that both moral legitimacy factors under investigation influence the three categories of social reporting, although in different ways. This research contributes to the existing literature by empirically examining how organisations prioritise their disclosure of virtues and the moral legitimacy factors that influence that prioritisation. (shrink)

This chapter examines what Hume and Reid had to say about what Reid called our intellectual powers: sensation, conception, perception, memory, abstraction, judgement, and reasoning. In the process it examines their opposed views on the nature of mind, on the representation of space and the spatiality of mental content, on temporal experience and the metaphysics of time, on the conception of non-existent objects, and on conceivability and possibility. The chapter critically examines what each had to say in his (...) own defence and what Reid had to say in opposition to Hume, and conjectures what Hume might have said in response to Reid. (shrink)

In his influential paper “Grasping the Third Realm,” John Bengson raises the question of how we can non-accidentally grasp abstract facts. What distinguishes successful intuition from hallucinatory intuition? Bengson answers his “non-accidental relation question” by arguing for a constitutive relationship: The intuited object is a literal constituent of the respective intuition. Now, the problem my contribution centers around is that Bengson’s answer cannot be the end of the story. This is because, as Bar Luzon and Preston Werner have recently pointed (...) out, this answer leads to the follow-up question of why certain intuitional experiences are constituted by the facts, but others are not. My objective is to answer this question by specifying precisely what is epistemically defective about intellectual hallucinations. My result is that, in stark contrast to perception, intellectual hallucinations are epistemically defective in the sense that something is overlooked. In successful intuition, by contrast, all relevant possibilities/scenarios are considered/imagined. This has crucial epistemological implications. In particular, I argue that intuitions exhibiting a certain phenomenology cannot fail to successfully grasp abstract facts. I call this the non-accidental correctness thesis, which constitutes the main thesis of this paper. (shrink)

Increasingly, policymakers within biomedicine argue that “non-financial” interests should be given equal scrutiny to individuals’ financial relationships with industry. Problematized as “non-financial conflicts of interest,” interests, ranging from intellectual commitments to personal beliefs, are managed through disclosure, restrictions on participation, and recusal where necessary. “Non-financial” interests, though vaguely and variably defined, are characterized as important influences on judgment and thus, are considered risks to scientific objectivity. This article explores the ways that “non-financial interests” have been constructed as an ethical (...) problem and the implications for research integrity. I conducted an interpretive, qualitative study, which triangulated two data sources: documents (including published accounts of identifying and managing “non-financial” interests and conflict of interest policies) and in-depth interviews with 16 leaders within evidence-based medicine, responsible for contributing to, directing, or overseeing conflict of interest policy development and implementation. This article outlines how evolutions in the definition of conflict of interest have opened the door to include myriad “non-financial” interests, resulting in the generalisation of a statistical concept—risk of bias—to social contexts. Consequently, biases appear equally pervasive among participants while in reality, a politics of objectivity is at play, with allegations of conflict of interest used as a means to undermine others’ credibility, or even participation. Iterations of the concept of conflict of interest within biomedicine have thus consistently failed to articulate or address questions of accountability including whose interests are able to dominate or distort evidence-led processes and why. Consequently, current policy solutions meant to mitigate bias may instead serve exclusionary purposes under the guise of impartiality while remaining vulnerable to interference from powerful stakeholders. (shrink)

In this article I argue that, in spite of the apparently unshakable hegemony of the historical, philosophical and sociological arguments invoked by the canonical history of Europe and the world to demonstrate the uniqueness of the West and its superiority, there is room to think of a non-Occidentalist West. By that I mean a vast array of conceptions, theories, arguments that, though produced in the West by recognized intellectual figures, were discarded, marginalized or ignored because they did not fit (...) the political objectives of capitalism and colonialism at the roots of Western modernity. In the article I tackle specifically three topics: the conceptions of antiquity, modern science and a teleology of the future. Among many others who might be selected, I resort to three eccentric figures — Lucian of Samosata, Nicholas of Cusa and Blaise Pascal — to exemplify some of the paths that might guide us in the construction of a non-capitalist, non-colonialist inter-cultural dialogue. Such paths are here designated as those of learned ignorance, ecology of knowledge, wager on another possible world and artisanship of practices. (shrink)

This paper is concerned with neo-Fregean accounts of reference to abstract objects. It develops an objection to the most familiar such accounts, due to Bob Hale and Crispin Wright, based upon what I call the 'proliferation problem': Hale and Wright's account makes reference to abstract objects seem too easy, as is shown by the fact that any equivalence relation seems as good as any other. The paper then develops a response to this objection, and offers an account of (...) what it is for abstracta to exist that is Fregean in spirit but more robust than familiar views. (shrink)

The characterization of thought as a subject reflection about a given object is expressed by an enunciation of predicative order. The introduction of the possibility of a type of thought that it is not constituted in virtue of this presupposition brings a lot of difficulties, which is responsible for why Lloyd treats this theme as an enigma of Greek philosophy, i.e, non-discursive thinking. Plotinus seems to make a distinction between rational and intellectual thought, taking as a starting point the (...) _sui generis_ definition of a thinking that thinks itself. The intriguing nature of this description, i.e, the self-thinking as non-discursive thought, has raised studies with the primary aim to understand how it works this type of thinking. Then to clarify what does it mean to adopt the non-discursive approach. This paper intends to analyze the cited problem in the light of the “non-predicative” of Santos. The hypothesis is that by applying this concept to the discussion it will contribute to increase clarification on the distinction between reason and Intellect. That exercise will be conducted in majority through the reading of V.3 [49] of Plotinus _Enneads_. The nature of the intellectual thought would be non-predicative and the rational would be predicative. (shrink)

I begin by considering a question that has driven much scholarship on transcendental idealism: are appearances numerically identical to the things in themselves that appear, or numerically distinct? I point out that much of the debate on this question has assumed that this is equivalent to the question of whether they are the same objects, but go on to provide textual, historical, and philosophical evidence that “object” (Gegenstand) and “thing” (Ding) have different meanings for Kant. A thing is a (...) locus of intensively gradable causal force, reality. I argue that appearances and things in themselves are not identical as objects, because the very concept of object-identity is tied, for Kant, to the concept of an intellect that would cognize the numerical identity of the objects in question. Because no intellect can be both discursive and intellectual, no intellect could cognize the numerical identity of objects across the phenomenal/noumenal divide, and thus the claim that they are identical has no content. However, the very same things, the same reality, can be given to our sensible intellects, and to divine intuitive intellect, as two non-overlapping domains of objects. Identity readers are thus shown to be right about the same thing relation, while non-identity readers are vindicated on the numerical identity of objects. (shrink)

This paper offers fictionalism as a new approach to the problem of reasonable disagreement discussed in social epistemology. The conciliationist approach to reasonable disagreement is defined, and three problems with it are posed: that it is destructive of inquiry, self-defeating, and unacceptably revisionary. Hans Vaihinger’s account of fictions is explained, and it is shown that if the intellectual commitments that are the subject of reasonable disagreements are treated as fictions rather than as beliefs, the three noted problems are avoided. (...) Whereas beliefs have a “rivalrous” relation to the source of their justification (evidence), fictions have a non-rivalrous relation to the source of their justification (expediency), meaning that disagreement over which fictions to employ is not problematic in the way that disagreement over what to believe is. Some objections to the fictionalist approach to reasonable disagreement are answered. (shrink)

We consider the claim by Dorato and Morganti 591–610) that primitive individuality should be attributed to the entities dealt with by non-relativistic quantum mechanics. There are two central ingredients in the proposal: in the case of non-relativistic quantum mechanics, individuality should be taken as a primitive notion and primitive individuality is naturalistically acceptable. We argue that, strictly understood, naturalism faces difficulties in helping to provide a theory with a unique principle of individuation. We also hold that even when taken in (...) a loose sense, naturalism does not provide any sense in which one could hold that quantum mechanics endorses primitive individuality over non-individuality. Rather, we argue that non-individuality should be preferred based on the grounds that such a view fits better the claims of the theory. (shrink)

In the second half of Book One of the Prior Analytics, Aristotle reflects on the application of the formalized logic has developed in the first half, focusing particularly on the non-modal or assertoric syllogistic developed in the first seven chapters. These reflections lead Alexander of Aphrodisias, who was a great exponent of Aristotelianism in the late second century, to explain and sometimes argue against subsequent developments of Aristotle's logic and alternatives and objections to it, ideas associated mainly with his colleague (...) Theophrastus and with the Stoics. The other main topic of this part of the Prior Analytics is the specification of a method for discovering true premises needed to prove a given proposition. Aristotle's presentation is sometimes difficult to follow, and Alexander's discussion is extremely helpful to the uninitiated reader. In his commentary on the final chapter translated in this volume, Alexander provides an insightful account of Aristotle's criticism of Plato's method of division. (shrink)

continent. 2.1 (2012): 6–21. The French philosopher and novelist Tristan Garcia was born in Toulouse in 1981. This makes him rather young to have written such an imaginative work of systematic philosophy as Forme et objet , 1 the latest entry in the MétaphysiqueS series at Presses universitaires de France. But this reference to Garcia’s youthfulness is not a form of condescension: by publishing a complete system of philosophy in the grand style, he has already done what none of us (...) in the older generation of speculative realists has done so far. His book is sophisticated, erudite, rigorous, imaginatively rich, and abundant in worldly wisdom– despite the author’s conclusion that wisdom does not exist. The quality and scope of Forme et objet took few observers by surprise, since Garcia has been treated as an emerging philosopher to watch across half a decade of Parisian oral tradition. But Garcia was not just the subject of rumor, being already well known to the French public as a writer of fiction. His debut novel, La meilleure part des hommes , 2 was awarded the 2008 Prix de Flore 3 and has already appeared in English as Hate: A Romance . 4 His follow-up novel, Mémoires de la jungle , 5 made clever use of a chimpanzee narrator. Nor was Garcia only published as a novelist before last November: his philosophical study L’Image 6 had already appeared when the author was just twenty-six, a year before he was crowned by the muses at the historic Café de Flore. And then in 2011, just months before the appearance of Forme et objet , Garcia published a widely distributed work entitled Nous, animaux et humains , 7 with its focus on Jeremy Bentham’s ideas about animals. Given this prolific and versatile track record, an optimistic scenario might envisage the young Garcia as one of those combined literary/philosophical talents who appear intermittently in France across the centuries: Jean-Paul Sartre is merely the most famous recent case. While more time is needed to see how Garcia will channel his impressive mental energies, Forme et objet displays such breadth of insight that its author has a good chance to emerge as one of the leading philosophers of his generation. If we accept Aristotle’s dictum that the peak mental age is fifty-one, then to read Garcia’s massive book is to gain some idea of what European philosophy might look like in the futuristic-sounding 2030’s. The present article is confined to Forme et objet . At 486 pages, the work is obviously daunting in size. Indeed, it is even longer than it sounds, given that many of its early sections are printed in a smaller typeface to designate them as supplemental commentary to the main flow of the argument. But while the length of the book reportedly led to delays in French publication, and will probably slow the inevitable appearance of an English translation, the length of the book should not deter interested readers– much of it results from Garcia’s teacherly writing style. Whereas Quentin Meillassoux’s prose displays an arctic economy of means, Garcia’s style is reminiscent of the repeated lessons of oral classroom proceedings. Rarely is the reader given fewer than three or four chances to master an idea before the author moves on to the next. In practice, the style feels welcoming rather than long-winded. Otherwise, the structure of Forme et objet is surprisingly simple. There is a useful Introduction of less than twenty pages. Then comes Book I: Formally , running to approximately 135 pages. Here Garcia outlines the most basic features of a thing “no matter what it is,” or n’importe quoi , an everyday phrase that Garcia shapes into a technical term. This part of the book feels at times like a more amiable version of Hegel’s Science of Logic , a parallel emphasized further by the threefold articulation of its theme: 1. Thing; 2. Thing and World; 3. Being and Understanding. This is followed by the much longer Book II: Objectively , totaling more than 300 pages. It contains sixteen essay-like meditations on specific kinds of objects—including time, animals, humans, history, gender, and death. Here each chapter rolls smoothly into the next, making this second part of the book feel more like a different work of Hegel: The Phenomenology of Spirit . But these are merely analogies. Garcia is no Hegelian, even if the book contains a few dialectical flourishes that seem to reflect his early enthusiasm for the Frankfurt School. Forme et objet ends with a six-page Coda, followed by the usual page of acknowledgments. In what follows, I will briefly summarize each of these four parts of the book before ending with some more general remarks. Before doing so, it will be useful to situate Garcia biographically (as much as I am able) and philosophically. Though Toulouse is his native city, his formative years were spent largely in Algeria, where his family has deep roots. During our sole private conversation, Garcia mentioned that his parents are professors of literature. 8 As a student of philosopher Garcia flourished so early that many of his current ideas date to his teenaged years: “There are sentences in Forme et objet that I wrote when I was seventeen,” he said in response to a question on that cold night on the Canal St.-Martin. I recalled that remark when reading his brilliant account, late in the book, of the central role of adolescence in contemporary culture. While many prodigies blow through their formal academic training without serious obstruction, Garcia’s student memories are rich in tales of isolation and struggle, though equally rich in gratitude for a half-dozen or so exceptional teachers who provided the intellectual space he needed: Meillassoux and Alain Badiou are simply two of the most prominent figures on that list. Though there are many points of agreement between Garcia’s philosophical position and my own, he not only reached his position years before reading my work, 9 he arrived along a rather different path: not through phenomenology, but via the Frankfurt School, which may be one of the reasons for his profound fascination with aesthetics. Garcia’s cultural background is as broad as one could wish: he is no less informed about punk rock and European football leagues than about the spiritualist roots of Bergson’s philosophy. Curious about everything and contemptuous towards nothing, Garcia can be expected to write insightfully on dozens of topics in the years to come. Given that his philosophy is so personally tantalizing in its agreements and disagreements with my own, and given the great internal richness of Forme et objet itself, the present review is no better than a first effort at coming to terms with the challenges posed by this minstrel from the rising generation. This is especially intriguing for older Generation X’ers like me, since confrontation with the younger generation is one of the many themes treated insightfully in Garcia’s book. 1. Introduction Garcia begins in defense of a so-called “flat ontology,” in which all things are equally things. While Roy Bhaskar 10 used this term pejoratively to refer to anti-realist philosophies that flatten everything onto an epistemic plane of human access, Manuel DeLanda 11 (an admirer of Bhaskar) reversed it into the positive principle that all realities are equally realities. Similar notions can be found in the “absistence” of Alexius Meinong, 12 the “irreduction” of Bruno Latour, 13 and my own critique 14 of the undermining/overmining pair. Also noteworthy is Levi Bryant’s use of the term “flat ontology” throughout The Democracy of Objects 15 and his earlier essay “The Ontic Principle.” 16 But for Garcia, flatness is only one face of the cosmos, and one that he ultimately declares to be rather impoverished. Even so, he always remains an advocate of a flat ontology. Insofar as everything is equally something, no matter what it is ( n’importe qui ), everything is equally a thing, equally solitary in its relation with world. This is why his book abounds in those long lists of random, ontologically equivalent entities that Ian Bogost has playfully termed “Latour Litanies.” 17 The first litany in Garcia’s book runs as follows: “We live in this world of things, where a cutting of acacia, a gene, a computer-generated image, a transplantable hand, a musical sample, a trademarked name, or a sexual service are comparable things.” (7) Yet Garcia is frankly dualistic; his flat ontology only lasts until page 159 and the end of Book I (entitled “Formally”), which deals entirely with things that are equally things. Thereafter Garcia turns his attention from things to objects, which are not flat in the least, but engage in hierarchical relations with one another. In agreement with both DeLanda and the speculative realists, Garcia proclaims that his book “proposes to put to the test a thought about things rather than a thought about our thought about things .” (8) Just as ducklings are “imprinted” (9) after hatching and treat the first creature they see as their mother, philosophers are imprinted by the idea with which they begin. Hence, philosophies that begin with human access will never truly find their way back to things. This makes Garcia rather suspicious of twentieth century philosophy, since “the twentieth century—to which in some way this work proposes to bid adieu—has been a period of theorizing modes of access to things rather than things...” (9) Among other possible benefits of the philosophy of things that Garcia proposes, it is fully able to account for thought as a special variant of things, while the reverse is not possible.(10) In Book I of Forme et objet , Garcia’s “things” are so flat, so de-determined, that he is forced to renounce some of the most basic features ascribed to things by most realists. As he tells us in his foreboding third footnote: “We will maintain that the solitude [of things] is less than unity, less than identity, and that it does not imply acceptance (any more than refusal) of the principle of non-contradiction.” (11) In a contemporary world cluttered with too many things, Garcia’s flat and formal plane provides us with some breathing room: “The formal plan of thought enables or re-enables us to cut short all accumulation—whether of knowing, experience, or action—by a simplicity, an impoverished surface...” (13) As Garcia says elsewhere in responding to a Deleuzian critic of the book, his starting point in flat ontology is designed to obstruct the claims of both analytic philosophy and Hegelianism: “Hence, this work seeks to protect each thing—real, imaginary, inconsistent, contradictory—both against Ockham’s Razor and against the Aufhebung or dialectical process.” 18 Yet contrary to the equalizing spirit of many flat ontologies, “we will add to our formal ontology of the equal, an objective ontology of the unequal.” (13) But initially, Garcia joins all flat ontologists in holding that everything is irreducible: “this irreducibility, which we will term the ‘chance’ of each thing... also marks the refusal of a positive thought that reduces things exclusively to natural things, or social things, or historical things, etc.” (15) This irreducible “chance” of a thing emerges as an important technical term in the book, always paired with its inverted brother, the “price to pay” ( prix à payer ). On pages 17-19, we find the only diagrams in the book. What they illustrate is that Garcia wishes to avoid two equally dangerous extremes. The first is the philosophy of substance, featuring the thing-in-itself as a mighty river fed by attributes as if by subordinate tributary streams. This model can be found in many of the classic thinkers of West and East alike. In it, “there is obviously a hierarchization between that which is dragged towards something other than itself, and this other which serves it as an ontological support while supporting its proper being.” (16) For Garcia, the second extreme worth avoiding is the philosophy of events: “One thus conceives trajectories of being, identified as events, facts, powers, intensities, or intentionality. These vectors of being come first, bearing and supporting being, displacing it, but without ever finding a stopping point, a buffer, an objective consistency.” (17) The first model gives us a thing too wrapped up in itself, too compact . This word “compact” (the French and the English are the same) is another technical term for Garcia. But if the “compact” model of things leads us to something more than things, the philosophy of events gives us less than things, by dissolving them into a play of vectors. Garcia’s alternative lies midway between these two extremes: Being enters the thing, being comes out of it. And a thing is nothing other than the difference between the enters and the being that comes out. Thus, the circuit of being is never halted. In the thing, there is never the thing-in-itself. And the thing is never in-itself, but outside of itself. Nonetheless, being is not eventally “pollinated” by vectors: it possesses an objecting halting-point... (19) This single idea is the key to Garcia’s book: the thing is neither a self-contained durable lump nor some sort of evental flux. Instead, the thing is the difference between its various components and its relations with its environment. Or stated differently: “the price to pay for this disposition is a circulation of being that systematically distinguishes two senses of things: that which is in the thing , and that in which the thing is , or that which encompasses it and that which it encompasses,” (19) translating comprendre here as “encompass.” 19 In a beautiful description of a piece of black slate, Garcia sums up the various minerals, qualities, and shapes that compose [ comprend ] it, and calls them “that which is in the thing,” (20) noting that this tells us nothing about “that in which [the slate] is”—namely, all the various situations in which the black slate can be found. Instead, the slate is the difference between these two: the most characteristic principle of Garcia’s philosophy. 2. Formally Book One of Forme et objet , “Formally,” is concerned with the formal equality of all things in a flat world. “Two questions mark the boundaries of reflection: of what is everything composed [ composé ], and: what do all things compose?” (27) Looking downward, we wish to know what everything is made of; looking upward, we want to know the ultimate result of the combination of all things. Here we must turn our attention to the thing n’importe quoi— no matter what it is. (30) Anything with finite qualities is obviously too specific to be relevant to global ontological questions. To an equal degree, something possessing all qualities (think of Whitehead’s God) 20 would not be n’importe quoi either, since it would still be too definite, even if incredibly vast. The same holds for contradictions, since these all differ from each other. The square circle, the non-white black white, and the non-city city are all too distinct to count as the thing no matter what it is. The n’importe quoi must be devoid of all specific qualities, including contradictory ones. In one of the more intriguing points in his book, so reminiscent of Meinong, Garcia proclaims that “the ‘no matter what it is’ is neither a reality nor an abstract construction, nor both of these at once; the ‘no matter what it is’ is simply the plane of equality of that which is real, that which is possible, that which is inexistent, that which is past, that which is impossible, that which is true, that which is false, that which is bad.”(39-40) Since everything has two faces, it would be a grievous mistake to focus on just one of them at the expense of the other, as physicalism or materialism do when reducing the world to minuscule physical underpinnings. For scientistic materialism, “it is either atoms, particles, or fields of force... which are the things.” (47-48) Moreover, “these more-than-things are accompanied by less-than-things: for example, ideas or facts of consciousness are determined by the state of matter and are not autonomous things, but manifestations reduced to secondary effects of material processes...” (48) On this point, Garcia’s position is in complete accord with my own critique of undermining and overmining. 21 Where we disagree is that Garcia is more deeply suspicious of the notion of substance, which I view as salvageable with a few needed changes, while Garcia sees this operation as hopeless: “A substance, in the history of philosophy, is the more-than-thing par excellence.” (51) Another agreement between our positions is visible when Garcia claims (correctly, in my opinion) “that it is vain to distinguish between things which are material and those which are not.” (52) Yet we also find an even more important disagreement, since for Garcia withdrawal cannot be the quality of a thing. Instead, the absence of a thing is simultaneous with it, embodied in all that is not it– the absence of the sculpture of a woman is to be found in the mold that appears at the same time as it, and thus withdrawal must be viewed as an “event” rather than as something pertaining to an object. For Garcia, nothing withdraws beyond access. Since we must distinguish between “that which is something” and “that which something is,” and since the former is identified with “no matter what it is is” and the latter with “ not no matter what it is,” we can say that “everything is thus a milieu, a fragile link between ‘no matter what it is’ and ‘ not no matter what it is.’” (62) And here we find Garcia’s critique of the thing-in-itself: “A thing is never defined en bloc . We can affirm that a thing is this or that, but that does not suffice. It is still necessary to state precisely that which is this thing .” (62) Stated differently, “something is not in itself : for that which is in the thing is not the thing, and that in which the thing is is not the thing.” (62) And here Garcia and I, facing the same evidence, draw opposite conclusions. For me, the fact that nothing can be identified with either its components or its concrete location means that the thing must be something in-itself distinct from both of these. Yet for Garcia, to be in-itself would mean to be identified with just one of these two extreme terms, and hence the thing can only be the difference between them. Garcia is equally suspicious of the classical tendency to view “unity” as a property of the thing, since in his eyes unity is too relational a property to belong to things. (65) While specific things are situated determinately with respect to other things, we are still speaking here about the thing no matter what it is, and this can be viewed only in terms of solitude, which all things share: a human being, a hand, or a chair or all equally things insofar as they are on their own , not insofar as they are one . (64) A thing is alone, and relates only to the one thing that is not another thing: world. In a striking parallel to my own argument for a partial revival of occasionalism, Garcia tells us that “the things communicate only by their solitude: it is because everything is equally on its own in the world that things can be together, enmeshed in one another.” (67) Alone in their solitude, things all relate to world, which serves as a mediator allowing them to become mixed up in one another. As we have seen, one reason that nothing can be in itself is because everything is in something else. For Garcia, “to be in something and to be something are equivalent.” (69) Stated more broadly, “being is thus the difference between the two aspects of each thing: that which is it, and that which it is.” (70) And even more vividly: “a thing is almost like a sack: there is that which one puts in the sack and that which remains outside the sack.” (70) But not quite like a sack, “since a thing is not a thin skin or film. Instead, a thing is comparable to a sack that is immaterial and without thickness: it is nothing other than the difference between that which is this thing and that which thing is, between content and container.” (71) Nothing can be in-itself because everything is two selves at once. For example, we cannot say that our self is defined by our consciousness: “Everything has a self because nothing is in itself. The self is not the quality of that which is related to itself (which is conscious, for example) or which thinks itself related to itself. Nonetheless, for an entity called ‘conscious’ to be related to itself, it is necessary that this very relation should be another thing than the self to which it is related.” (71) Consciousness cannot be the self, precisely because it is other than that of which it is conscious. Nothing is able to grasp itself. The self is “the function by which being and composition [ compréhension ] are mutually excluded...” (72) The self is “the point of shadow of everything that projects some light...” (72) The in-itself faces two opposite dangers: “For something to be in-itself is to be a self. Something which is a self flies out through one of its two sides... Stated differently, being in-itself is simply the possibility of a double failure.” (73) The in-itself can be termed compact : “There remains to us a means of thinking that which does not fully enter into the world, though without exiting from it. This means is what we call the compact.” (76) In a sense, the compact is the opposite of the world. For in the case of the world, everything enters it and it enters nothing; as for the compact, it enters the world (since it is something, after all) while nothing enters it. (77) The compact marks the presence of the impossible in the world. (78) It is not impossible, but possible only on the condition that it fails. (78) The time has come to speak of where a thing is located. “The sole condition of a thing is that of being in another thing than itself, and thus in another thing than something.” (78) A condition is “that which determines something, that which forms something, that in which something is.” (78) As for humans, “the condition of someone is his situation; my social condition is that which socially determines me, my place and my function...” (79) More generally, “to be conditioned is to find oneself reduced to that in which one is.” (79) Everything is conditioned, but nothing is reducible to this condition. To determine the condition of something is to determine in what it is. A thing is located in that which contradicts it, just as a statue exists in its mold, which is precisely that which it is not. Since the thing is finite and definite, its condition or form must be infinite and indefinite. That in which all things are is the world, which Garcia also terms “the whole.” (81) “To try to be in-itself is to attempt to remain outside the world. And indeed, to try to be in-itself is only a path of entry into the world.” (83) For Garcia, “the world is not the pre-existent container of the things it contains, a priori , nor the construction by the mind of a fictional ensemble of all things, a posteriori .” (85) Instead, the world is simultaneous with all things; the two always go together. The world cannot be a determinate world, such as the physical universe or mathematical space, since these are already too specific and limited. “Every determinate world, which is in fact a universe , is a ‘big thing’ [ grosse chose ]: it is a set, however vast, of composite things which itself embodies a thing.” (85) Every determinate world is really just a “big thing.” Stated differently, “it is nothing other than a balanced milieu between the things that compose it and the thing that it composes.” (85) We generally picture the world as a physical univer. (shrink)

ABSTRACT Michael Rescorla has argued that it makes sense to compute directly with numbers, and he faulted Turing for not giving an analysis of number-theoretic computability. However, in line with a later paper of his, it only makes sense to compute directly with syntactic entities, such as strings on a given alphabet. Computing with numbers goes via notation. This raises broader issues involving de re propositional attitudes towards numbers and other non-syntactic abstract entities.

This article offers a novel solution to the problem of material constitution: by including non-concrete objects among the parts of material objects, we can avoid having a statue and its constituent piece of clay composed of all the same proper parts. Non-concrete objects—objects that aren’t concrete, but possibly are—have been used in defense of the claim that everything necessarily exists. But the account offered shows that non-concreta are independently useful in other domains as well. The resulting (...) view falls under a ‘nonmaterial partist’ class of views that includes, in particular, Laurie Paul’s and Kathrin Koslicki’s constitution views; ones where material objects have properties or structures as parts respectively. The article gives reasons for preferring the non-concretist solution over these other non-material partist views and defends it against objections. (shrink)

According to a familiar reading of Kant, he denies the possibility alleged by the rationalists of our having non-sensible or intellectual intuition. I argue in this article that he simply holds the possibility to be groundless. To put the contrast in terms of a distinction Kant makes in the A-Paralogisms, he raises a “dogmatic” objection to the rationalists in the former case, and a “critical” one in the latter. By analyzing the two-step argument in the B-Deduction, I defend the (...) “critical” reading, which may, I hope, shed light on how Kant can justify his claim – which may be regarded as a second-order, methodological one pivotal to his Critical project – that possible experience serves as the only guideline for proving that we can cognize objects a priori. (shrink)

Beginning with a discussion of adaptations of François Jullien’s understanding of ‘potential born of disposition’ and ‘silent transformation’ in two recent analyses of capitalist contemporaneity (by Bennett and Dufourmantelle), this essay argues that as a philosophical tool, ‘China’ bears within it a rich and underanalysed genealogy that reframes critical theory’s approach to nature and its objects in a new geopolitical context. The remainder of the essay then unpacks the intellectual history and textual philology of one earlier and pivotal (...) moment of critical theory’s entanglement with ‘China’: Walter Benjamin’s transformation of ‘non-action’, or wu wei, into a complex for thinking through possibilities of what he might, with Jullien, call not-being in debt to Being. (shrink)

The expiration of intellectual property rights has been seen to amount to a problem for non-consequentialist theories of intellectual property. In this article, I assess whether the difficulty is real. I maintain that, as things are at least, there is no sufficient reason to believe that the termination of intellectual property rights is an insurmountable problem for non-consequentialist theories of intellectual property rights.

The author analyzes the phenomenon of denialism (denial of scientific consensus out of the normative boundaries of scientific discussion). The intellectual origins (including connection with P. Feyerabend’s post-positivism), sociocultural characteristics and political aspects of this phenomenon are discussed. The author defends the thesis that denialism is associated with scientism – non-reflexive trust in science, which is used for unscrupulous manipulations for the purpose of political influence. As an example, she considers the South African expert case related to HIV denial (...) in the early 2000s. The author believes that denialism needs a comprehensive analysis that takes into account the interdependence of its intellectual and socio-political foundations. (shrink)

This paper is the result of a contribution between ethics and law, which will be used as thought-process tools, to address the complex issue of legal and ethical statuses of GM fish. To find answers, we propose to consider this issue from a wider angle, looking at the relations between the human, animal, and living worlds. We show that it is possible to construct other forms of intellectual logic that, without setting these worlds in opposition, do not lapse into (...) relativism where boundaries are blurred. In this sense, we submit the hypothesis that ordered pluralism should help us to move past a mere Man–Animal relationship to reveal the entire complexity of relationships within mankind and between mankind and other (non-human) worlds alongside it and to which it belongs: the animal and living worlds. With this new logic, “animal ethics” and “animal law” are re-embedded into a set of relationships. This logic emerges from a new consideration: the nature of the contemporary objects we are dealing with. We shall call objects like genetically modified fish “relational objects” in the sense that in order to be apprehended, they utilize a set of relationships of which there are just as many as the dimensions forming them, not as predicates but as primary constituents. Experimentally, in the case of GM fish, we translate this by proposing to typologize legal and ethical considerations induced by multiple relations connected to this object. According to the type of relationship in question, the GM fish will not have the same status; it is a changing object that must be suitably apprehended. (shrink)

For cognitivist accounts of aesthetic appreciation, appreciation requires an agent (1) to perceptually respond to the relevant aesthetic features of an object o on good evidential grounds, (2) to have an autonomous grasp of the reasons that make the claim about the aesthetic features of o true by pointing out the connection between non-aesthetic features and the aesthetic features of o, (3) to be able to provide an explanation of why those features contribute to the overall aesthetic value of o. (...) In this framework, aesthetic emotions have traditionally been confined to the level of aesthetic perception (1) and dismissed from the process of reason-giving (2, 3). I argue that this dismissal is due, firstly, to a questionable perceptual reading of the connection between emotional experience and value, and, secondly, to a narrow focus on the basic emotions. My argument will reveal that the non-standard or ‘intellectual’ emotions, the emotions which are in fact most important to appreciation, can play a significant epistemic role in our appreciative practices. They can do this because they (a) help us to deliberately focus our attention and (b) place the appreciator in a state of second-order awareness of their mental states. I conclude the paper by showing how these two epistemic tools (a, b) can help the appreciator to meet the explanatory/justificatory conditions (2) and (3). (shrink)

Kant describes intellectual intuition as a kind of non-sensible intuition that creates its objects and provides knowledge of them as noumena. Although he precludes intellectual intuition from the human mind, Reinhold attributes it to the human mind. Pioneering research has already shown that Reinhold deviates from Kant in this way to explain the possibility of a priori self-cognition. It has also already shown that Fichte follows Reinhold by deviating from Kant in the same way. Yet, other aspects (...) of Reinhold’s doctrine of intellectual intuition remain largely overlooked. Among the few Reinhold scholars who study it, the extant view is that intellectual intuition does not yield cognition of an absolute knower, and that only Fichte makes this assertion. However, this view ignores Reinhold’s claim that I must attribute all my representations to an absolute knower to explain the unity of experience. In this paper, I argue that we must take this claim seriously, and I show that, for Reinhold, my cognition of myself as an absolute knower in intellectual intuition enables me to attribute all my representations to myself as such a knower, and he does so prior to Fichte. (shrink)

I offer a principled objection to arguments in favour of legalizing non-voluntary euthanasia on the basis of the principle of beneficence. The objection is that the status of death as a benefit to people who cannot formulate a desire to die is more problematic than pain management care. I ground this objection on epistemic and political arguments. Namely, I argue that death is relatively more unknowable, and the benefits it confers more subjectively debatable, than pain management. I am not primarily (...) referring to the claim that it is difficult to make comparisons between live and post-mortem states, but rather to the fact that it is epistemically and metaphysically problematic to impute a “life-worse-than-death” or a state of “suffering-calling-for-death” to people who cannot subjectively wish to die, as though this kind of suffering were a medically observable fact rather than a belief- and value-laden notion. On the contrary, people enduring similar causes of pain may have different experiences of suffering and views on how it affects the worthwhileness of their existence or the desirability of death or of continuing their lives. The projection of a “suffering-calling-for-death” onto infants or people with severe intellectual disabilities may not be indefensible, but it is more controversial than judging that pain management will improve their well-being from the perspective of beneficence. My argument also relies on our society’s liberal endeavour to avoid endorsing unverifiable beliefs about life and death or controversial conceptions of the good life. My goal is not to suggest we should not attend the suffering of cognitively disabled people. On the contrary, I only cast doubt on too quick an assumption that ending their lives is the best way of caring for them, when robust palliative treatments are available. Moreover, I express the concern that a lack of attention to distinctions between “pain-calling-for-relief” and “suffering-calling-for-death” may be based on ableist projections and assumptions. I conclude that it is imperative to continue research into the nature of pain and suffering experienced by individuals with mental or cognitive impairments preventing them from expressing autonomous wishes about the kind of treatment that would most benefit them. (shrink)

McCarthy and Howard (2023) present a “Non-Domination” approach to supported decision-making, specially to help intellectually and developmentally disabled (IDD) patients rather than “Mental Prosthe...

Almost any mainstream reading about the nature of Kant's 'content of cognition' in both non-conceptualist and conceptualist camps agree that 'singular representations' (sensible intuitions) are, at least in some weak sense, objectdependent because they supervene on a manifold of sensations that are given through the disposition of our sensibility and parallel thus the real and physical components of the world (cf. McDowell 1996, Allison 1983, Ginsborg 2008, Allais 2009). The relevant class of sensible intuitions should refer, as they argue, only (...) to empirical and not to pure ones. Kant's transcendental argument creates, however, no implications as to the metaphysics of properties. Neither does he consider the world to be consisted of sensory content simpliciter nor do sensations refer to objects per se. Instead, he provides an all-encompassing pattern for sensible intuitions of any kind through the representation of space as a cognitive map in that an object can be represented if spatial properties are attributed to it. Sensible intuitions of any kind could be referring, that is to say, and can be conceptualized if they are spatial. Consequently and unlike the contemporary philosophy of perception, Kant contrasts sensible intuitions and pure concepts of understanding 'altogether' against one single experience, from which the justification of objects should proceed. In other words, what stands at the core of exposing the content of cognition concerns not the phenomenological status and actuality of sensible intuitions in the sense of 'bits of experiential intake', but the logical structure of possibility of sensible intuitions of any (external or internal) causal background. The aim of this discussion is to clarify that Kant's transcendental idealism mutatis mutandis reviews multiple and diverse kinds of 'data of mind' and cognition in the background, without reducing the content of cognition to metaphysically determined referents as 'matters of fact' and to pure concepts of understanding. Sensible intuitions in the sense of content of cognition vary, most importantly, from unstructured and unjustifiable data of mind including (physical) contents of perception and stuff of mind and also from reflective and intellectual intuitions that are the cognates of the structured complex singular representations. Put it in simple terms, Kant advocates the thesis that 'facts' are objects for concepts if they are already well-founded trough the cognitive map of the representation of space. -/- . (shrink)

In the debate about values in science, it is a time-honored tradition to distinguish between the normative question of whether non-cognitive values should play a role in science and the descriptive question of whether they in fact do so or not.1 Among philosophers of science, it is now an accepted view that the descriptive question has been settled. That is, it is no longer disputed that non-cognitive values play a role in science. Hence, all that is left to do on (...) the descriptive front is to describe these values and their roles in more detail. In the words of Longino: “We should stop asking whether social values play a role in science and ask which values and whose values play a role and how” (2004, p. .. (shrink)

Hans-Johann Glock develops a capacity-based alternative to the currently widespread view that concepts and experiences are mental representations. He claims that experiences must be explained by way of perceptual and sensory capacities and that concepts must be explained by way of intellectual ones, in particular, by way of capacities for classification and reasoning. Glock does not, however, identify concepts with intellectual capacities. He rather conceives of them as rules that guide the application of capacities. He defines the relationship (...) between perceptions and concepts by coupling rationalistic, Aristotelian, and Kantian motifs: perceptions are to be strictly distinguished from concepts; perceptual capacities genetically, causally, and conceptually precede conceptual ones; and conceptual capacities must, in principle, be applicable to objects of experience. Glock's “capacity approach” can accordingly be understood as a variant of non-conceptualism. (shrink)

Traditionally the modern theory of ideas has been discussed primarily in reference to its alleged introduction of a veil of mental items between the mind and the world, which leads, through the empiricists, to radical skepticism about the existence of an external world. Here I propose to emphasize an entirely different aspect of the Cartesian theory of ideas which, in my view, is more fundamental in opening the empiricist path that leads to Hume’s radical skepticism. I argue that what I (...) call the “phenomenological presentation” model of ultimate justification is rooted in a fundamental ambiguity between sensible and intellectual apprehension insinuated by Descartes’s view of “clear and distinct” ideas together with his emphasis on the priority of intuition over logical inference. Sensible apprehension relies on immediate acquaintance with items pheno-menologically and ostensively present before the mind as given particulars. The phenomenological presentation model takes its clues from sensible apprehension, although the items present before the mind might themselves be either ideas of the understanding, images of the imagination, sensory impressions, or material external objects. Intellectual apprehension, by contrast, as I illustrate with Leibniz’s model of our knowledge of concepts and truths of reason, consists in the discursive, non-ostensive grasping of the generality of abstract concepts and of formal structures . For Leibniz, all intellectual apprehension is unambiguously “logical discursive apprehension” as opposed to “direct ostensive apprehension.” Thus, Leibniz unmistakably disambiguates Descartes’s model in favor of a precise intellectual model. The empiricists, by contrast, correspondingly disambiguate Descartes’s conception in favor of an entirely sensible model.Tradicionalmente, a teoria moderna das idéias foi discutida principalmente em conexão com a sua suposta introdução de um véu de itens mentais entre a mente e o mundo que leva, por meio dos empiristas, ao ceticismo radical sobre a existência de um mundo externo. Aqui eu proponho enfatizar um aspecto completamente diferente da teoria Cartesiana das idéias que, na minha visão, é mais fundamental no que diz respeito a abrir o caminho empirista que conduz ao ceticismo radical de Hume. Eu argumento que o que eu chamo de o modelo de “apresentação fenomenológica” de justificação última está baseado em uma ambigüidade fundamental entre apreensão sensível e intelectual insinuada pela visão de Descartes de idéias “claras e distintas” junto com a sua ênfase na prioridade da intuição sobre inferência lógica. A apreensão sensível confia no contato imediato com itens presentes fenomenologicamente e ostensivamente perante a mente como particulares dados. O modelo de apresentação fenomenológica está inspirado na apreensão sensível, embora os itens que se apresentam perante a mente poderiam ser eles mesmos idéias do entendimento, figuras da imaginação, impressões sensórias, ou objetos externos materiais. A apreensão intelectual, por contraste, como eu ilustro com o modelo de Leibniz de nosso conhecimento de conceitos e verdades da razão, consiste na compreensão discursiva e não-ostensiva da generalidade de conceitos abstratos e de estruturas formais . Para Leibniz, toda a apreensão intelectual é claramente “apreensão discursiva lógica” por oposição a “apreensão ostensiva direta”. Assim, Leibniz claramente desfaz a ambigüidade do modelo de Descartes em favor de um modelo intelectual preciso. Os empiristas, por contraste, desfazem a ambigüidade da concepção de Descartes em favor de um modelo completamente sensível. (shrink)

This chapter contains sections titled: Objectivity qua Rational Requisiteness Objectivity qua Corrigibility Objectivity qua Non‐Illusiveness Objectivity qua Susceptibility to Reasons.

This edited volume explores the intersections of the human, nonhuman, transhuman, and posthuman from a phenomenological perspective. Representing perspectives from several disciplines, these investigations take a closer look at the relationship between the phenomenology of life, creative ontopoiesis, and otherness; technology and the human; art and the question of humanity; nonhumans, animals, and intentionality; and transhumanism. Ontological positioning of the human is reconsidered with regard to the nonhuman, transhuman, and posthuman within the cosmos. Further examination of the artificial and object (...) in the lifeworld is also explored. This volume also pays tribute to Anna-Teresa Tymieniecka and her methodical contributions to phenomenology. This text appeals to students and researchers of phenomenology worldwide. (shrink)

These supporting concepts enable us to much more adequately understand the meaning of apoha. First, a sharp distinction is drawn between the real and the conceptual; the real is particular, unique, momentary and the basis of perception, while the conceptual is universal, general, only supposedly objective and the basis of language. Second, the complex nature of negation discloses the kind of negation meant by apoha. Negation by implication is seen as disclosing the necessary relation between simple affirmations and simple negations. (...) It is in this sense that Dignaga asserts that the meaning of words lies in the negation of the opposite. Third, the idea of apoha as the differentiation of concepts is to be distinguished from the Nyāya-Vaiśe $$\underset{\raise0.3em\hbox{$\smash{\scriptscriptstyle\cdot}$}}{s}$$ ika notion of exclusion as a materially present quality in objects.Ratnakirti, and Mok $$\underset{\raise0.3em\hbox{$\smash{\scriptscriptstyle\cdot}$}}{s}$$ ākaragupta following him, use the idea of negation by implication to explain apoha as the simultaneity of and logical relation between a positive assertion concerning an epistemological object and a negative assertion concerning all things which are not that epistemological object. For example, Ratnakirti in accordance with the theory of apoha explains that the term cow “harbors” the negation of non-cow in the same way that blue is harbored in the term blue lotus. The exclusion of the other, i.e., the negation of the non-cow, is held by Ratnakirti to be an actually apprehended attribute of the cow cognized (as distinct from the cow in itself). He says “... discrimination of non-cow inevitably arises simultaneously with the perception of the cow, for (the negation of non-cow) is the qualifier (of the individual).” This interaction between the positive and the negation of the other, i.e., the relation of negation by implication, as a simultaneous interaction is necessary lest when, e.g., asked to tie up a cow one ties up a horse instead.Mok $$\underset{\raise0.3em\hbox{$\smash{\scriptscriptstyle\cdot}$}}{s}$$ ākaragupta denies three possible interpretations of apoha before putting forth his own definition. The first is that when an external object is conceptualized this is done as “the other (the dissimilar) is discriminated from this.”The second is much the same, only it is in terms of the mental image, i.e., the epistemological object rather than the ontological object as in the first. The third is that apoha means the negation of an assertion, i.e., the simple absence of the other. All three of these interpretations are unacceptable to Mok $$\underset{\raise0.3em\hbox{$\smash{\scriptscriptstyle\cdot}$}}{s}$$ ākaragupta. He defines apoha as “the affirmation (of a positive entity) qualified by discrimination (of it from all other entities).”Mok $$\underset{\raise0.3em\hbox{$\smash{\scriptscriptstyle\cdot}$}}{s}$$ ākaragupta goes on to explain this simultaneity more fully: ... those who stress affirmation think that after we have known the cow, we consequently determine the discrimination of the essence of the cow from that of the non-cow; those who stress the negative function of apoha are of the opinion that we first know the discrimination of the dissimilar thing and then consequently confirm the thing which is discriminated from others, viz., the cow. Thus (both interpretations) are wrong. For at the time of judgment we do not experience an order of comprehension in which (negation or affirmation) occurs first. In fact, it is not the case that one, having understood the affirmation, later confirms the negation by implication, or that one having understood the negation later confirms what is discriminated (from the dissimilar). Therefore, we say that the very understanding of the cow is the same as the understanding of what is discriminated from the dissimilar.We can see from this that for Ratnakirti and Mok $$\underset{\raise0.3em\hbox{$\smash{\scriptscriptstyle\cdot}$}}{s}$$ ākaragupta apoha meant the simultaneous affirmation of and negation of the dissimilar from the (epistemological) object. Mok $$\underset{\raise0.3em\hbox{$\smash{\scriptscriptstyle\cdot}$}}{s}$$ ākaragupta's concern with the “time of judgment” also shows that the idea of apoha was understood by them as being psychologically descriptive. In the process of identifying an epistemological object as some particular thing, neither the negative nor the positive function have priority but are, rather, complementary one to the other. This simultaneity and complementarity are supported by the examination of mind “at the time of judgment,” i.e., it is a psychological description of the process of identification of an epistemological object as some particular thing.It is this fact of apoha describing the process of identification which, as described above, places apoha in the inference category of sources of truth. Apoha is clearly, therefore, involved with words and concepts rather than being on the perception side where it would have to be a metaphysical concept describing the real or absolute.Putting the idea of apoha into contemporary terms we can say that it is a psychological descriptor for the bipolar relation of concepts. Dignaga and the other Buddhist logicians are then to be understood here as being involved in producing a phenomenological description of linguistic thought processes. More broadly, as in the discussion of perception, they are involved in the phenomenological description of consciousness, a favorite Buddhist undertaking. As such, the work of the Buddhist logicians fits into the larger soteriological intention of all Buddhist thinkers, since enlightenment is understood to follow from insight into the nature of consciousness as productive of suffering.Some authors have criticized the logicians as being overly concerned with the un-Buddhist occupation of arguing. However, when their work is seen as expanding our understanding of the nature and working of consciousness, the logicians are certainly worthy of our respect. (shrink)

In this article I argue that, in spite of the apparently unshakable hegemony of the historical, philosophical and sociological arguments invoked by the canonical history of Europe and the world to demonstrate the uniqueness of the West and its superiority, there is room to think of a non-Occidentalist West. By that I mean a vast array of conceptions, theories, arguments that, though produced in the West by recognized intellectual figures, were discarded, marginalized or ignored because they did not fit (...) the political objectives of capitalism and colonialism at the roots of Western modernity. In the article I tackle specifically three topics: the conceptions of antiquity, modern science and a teleology of the future. Among many others who might be selected, I resort to three eccentric figures — Lucian of Samosata, Nicholas of Cusa and Blaise Pascal — to exemplify some of the paths that might guide us in the construction of a non-capitalist, non-colonialist inter-cultural dialogue. Such paths are here designated as those of learned ignorance, ecology of knowledge, wager on another possible world and artisanship of practices. (shrink)

The question of the existence of gravitational stress-energy in general relativity has exercised investigators in the field since the inception of the theory. Folklore has it that no adequate definition of a localized gravitational stress-energetic quantity can be given. Most arguments to that effect invoke one version or another of the Principle of Equivalence. I argue that not only are such arguments of necessity vague and hand-waving but, worse, are beside the point and do not address the heart of the (...) issue. Based on a novel analysis of what it may mean for one tensor to depend in the proper way on another, which, en passant, provides a precise characterization of the idea of a "geometric object", I prove that, under certain natural conditions, there can be no tensor whose interpretation could be that it represents gravitational stress-energy in general relativity. It follows that gravitational energy, such as it is in general relativity, is necessarily non-local. Along the way, I prove a result of some interest in own right about the structure of the associated jet bundles of the bundle of Lorentz metrics over spacetime. I conclude by showing that my results also imply that, under a few natural conditions, the Einstein field equation is the unique equation relating gravitational phenomena to spatiotemporal structure, and discuss how this relates to the non-localizability of gravitational stress-energy. (shrink)

This essay explores various roles that philosophers occupy in relation to intellectual disability. In examining how philosophers define their object of inquiry as experts and gatekeepers, it raises critical questions concerning the nature of philosophical discourse about intellectual disability. It then goes on to consider three alternate positions, the advocate or friend, the animal, and the “intellectually disabled,” each of which points to new ways of philosophizing in the face of intellectual disability.

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Nonexistent Objects in Buddhist Philosophy: On Knowing What There Is Not by Zhihua YaoChong Fu (bio)Nonexistent Objects in Buddhist Philosophy: On Knowing What There Is Not. By Zhihua Yao. London: Bloomsbury Academic, 2020. Pp. 186. Hardcover £29.99, isbn 978-1-35-012148-5. Nonexistent Objects in Buddhist Philosophy: On Knowing What There Is Not, by Zhihua Yao, cogently strings together different Buddhist schools' varied philosophical approaches to the cognition (...) of nonexistent objects (asadālambanajñāna) or non-cognition (anupalabdhi). Non-being and the knowledge of non-being have long been central to nearly every philosophical tradition. Buddhist philosophy, in particular, invests extraordinary intellectual effort to deal with these topics, since non-being (asat/abhāva) occupies a central role in the Buddhist doctrine. Yao acutely reconstructs a brief history of this philosophical enterprise of Buddhism from the early sectarian period to the time when the so-called logico-epistemological school prevailed. The book consists of an introduction and eight chapters. These eight chapters are basically based on Yao's previously published articles. They are further arranged into two parts: (1) "Cognition of Nonexistent Objects: A Historical Development" and (2) "Epistemological Approaches to Nonexistence." The first part discusses how philosophers from the Mahāsāṃghika, the Dārṣṭāntika, and the Yogācāra analyze the cognition of nonexistent objects. The philosophical development concerning this particular topic is masterfully articulated by Yao. This mastery is best shown in his unveiling of Yogācāra's philosophical inheritance from its Abhidharma legacy. In addition, his reconstruction deepens our understanding of the intricate history of sectarian Buddhism in a broader sense. The second part centers on the philosophical issues of nonexistence raised by the Buddhist logico-epistemological school. Yao's translation, presentation, and comparison of these philosophical arguments is strikingly lucid and comprehensive. Overall, one salient contribution of this book is that it highlights the importance of Pāli and Chinese sources in studying the history of Buddhist philosophy, especially Indian Buddhist philosophy. In Part 1, Yao's reconstruction of sectarian Buddhist philosophies is heavily based on the Pāli text Kathāvatthu and the Chinese translations of Samayabhedoparacanacakra, Śāriputrābhidharma, Vijñānakāya, Mahāvibhāṣā, *Janakaparamopadeśa, and Nyāyānusāra, whose Sanskrit or Prakrit originals have long been lost. In part 2, in [End Page 1] addition to comprehensively assessing Sanskrit and Tibetan materials, Yao detects a much-hidden philosophical development from Īśvarasena to Dharmakīrti by relying on Chinese commentaries composed by Chinese and Korean monks in the Tang Dynasty. Chapter 1 is of the most importance in the book; in it, Yao traces "an early origin of the concept of the cognition of nonexistent objects among the Mahāsaṃghikas and some Vibhajyavādins under their influence" (p. 13). Yao sensitively points out that "the thesis that latent defilements (Pāli: anusaya/Skt: anuśaya) have no objects constitutes the first step toward the formation of the concept of the cognition of nonexistent objects" (p. 19). The next step, as Yao analyzes it, is the proposition of awareness (Pāli: ñāṇa/Skt: jñāna) without objects due to the Mahāsaṃghikas and its sub-schools. Yao's philosophical reconstruction is eloquent and perceptive, especially when he outlines a crucial conceptual transition from the awareness that is without objects (anālambanaṃ jñānam) to the awareness that has nonexistent objects as its objects (asadālambanajñāna). However, one of the main supporting materials that he believes mentions the awareness that has nonexistent objects as its objects -- a passage from the Śāriputrābhidharma -- might be found less supportive without a more detailed justification. This passage is concerned with the concept of wu jingjie zhi 無境界智:What is the awareness without objects (wu jingjie zhi 無境界智)? There is no awareness without objects. Or, the awareness that arises when conceptualizing the past and the future dharmas is called the awareness without objects.1《舍利弗阿毘曇論》卷 9〈4 智品〉：「云何無境界智？無無境界智。復次思惟過 去未來法智生，是名無境界智。」(CBETA 2022.Q4, T28, no. 1548, p. 593c16–18)。Yao chooses an alternative reading based solely on the Taisho Edition, which interpolates one more 境 in 無無境界智 as 無境無境界智. This reading might result in a wholly different meaning: "What is awareness without objects? Any awareness that... (shrink)

I am grateful to my friend, Professor Heinrich Schepers, editor of volume VI.4 of Leibniz’s Sämtliche Schriften und Briefe, for the time and critical attention he devotes to my lengthy review of this volume, in a detailed reply included in the present issue of this journal. Since I believe that criticism and discussion are the master key to intellectual progress, I consider myself to be extremely lucky that my painstaking work has been the object of criticism by the scholar (...) who is most familiar with the texts published in VI.4. I am also grateful to Professor Glenn Hartz, editor of The Leibniz Review, for granting me the opportunity to publish a rejoinder, generously stretching the deadline for its submission, so that it could appear along with Professor Schepers’ reply. I hope this critical exchange will foster further discussion of the issues it touches upon, particularly the reassessment of the nature of Leibniz’s rationalism, and that Leibniz scholarship will be thereby rewarded. (shrink)

This chapter contains sections titled: The Expert or Gatekeeper Family Member or Advocate The Nonhuman Animal The “Intellectually Disabled” References.

Christos Kyriacou has recently proposed charging moral error theorists with intellectual vice. He does this in response to an objection that Ingram makes against the 'moral fixed points view' developed by Cuneo and Shafer-Landau. This brief paper shows that Kyriacou's proposed vice-charge fails to vindicate the moral fixed points view. I argue that any attempt to make an epistemic vice-charge against error theorists will face major obstacles, and that it is highly unlikely that such a charge could receive the (...) evidential support that it would need in order to play the dialectical role that Kyriacou has in mind for it. I conclude that the moral fixed points view remains in serious trouble. (shrink)

After indicating why this is needed, the paper proves a non-triviality result for paraconsistent theory containing arithmetic, naive truth and denotation predicates, and descriptions. The result is obtained by dualising a construction of Kroon. Its most notable feature is that there is a trivial object- one that has every property.

This article focuses on the analysis of the main positions of the Constitutional Court of the Republic of Lithuania in the cases of intellectual property law. In the article three judgments and the positions of the Constitutional Court extracted therefrom are analysed. The Constitutional Court has formed several important positions with reference to intellectual property law regarding usage of property protection norms for the protection of intellectual property, requirements of application of compensation as an alternative to damages (...) compensation and the calculation of criterions thereof as well as functional legal protection of trademarks. It should be noted that Article 23(1) of the Constitution of the Republic of Lithuania has extended protection to property and, as the Constitutional Court of the Republic of Lithuania has noted, the constitutional protection of property covers not only the protection of tangible, but also of intellectual property. In the same judgment, the Constitutional Court stated another important intellectual property related rule, namely that constitutionally established property protection rights have to be implemented regardless of whether a corresponding international treaty has not been ratified, as protection of authors’ rights is granted under Articles 23 and 42(3) of the Constitution of the Republic of Lithuania. However, the second position stating that the rights of foreign subjects are to be implemented even though a corresponding international treaty has not been signed is to be criticised as by coming to such a conclusion the Constitutional Court has ignored the otherwise generally recognised principle of territoriality of intellectual property rights. In two other cases the Constitutional Court has made important statements relevant to intellectual property law. First of all, the Court stated that compensation instead of claiming actual damages is constitutional. By analysing the positions formulated by the Court, an indirect conclusion can be made to the effect that compensation instead of claiming actual damages is necessary in order to ensure effective protection of intellectual property rights. In other words, the purposes of compensation can be recognised: restoring (compensating) the infringed interests of the injured party; simplifying judicial proceedings, whereby faster proceedings (litigation) and easier substantiation is sought; and the preventive purpose (strong preventive effect). However, the Court’s argument regarding the criterion of compensation calculation, saying that the damages incurred by the intellectual property rights owner depend on the sale value of the product concerned is criticisable, as it is rarely the case that the licence fee or profit acquired in the result of unauthorised use of intellectual property objects is calculated with reference to the final sale price of the product. Notwithstanding the arguably weak argument of the Court, the Court’s position regarding the criterion of final sale price itself does not preclude the possibility of reaching a fair final decision. Finally, the Court acknowledged that trademark protection was limited to the economic functions of the trademark and the full protection thereof. (shrink)