The present work aims to study the knot formed between ontology, normativity and subjetivation in order to tackle the problem of materiality of domination relations. Along these lines, a materialist aproach will explore the movements, relationships and multiple implications among these dimensions. This method seeks to dismantle the tendency of philosophical idealism that appeals to the suture, blocking and closure of the plurality of events through some normative principle of a, let´s say, a priori trascendental or empirical character. As a (...) counterpart, it seeks to show the constitutive paradox of the subjectivation process and, at the same time, its possibilities of singular, autonomous and immanent constitution. (shrink)

In this paper, I will argue that the NIMH’s new Research Domain of Criteria is a useful test of the philosophical hypothesis of eliminative materialism and demonstrates the superiority of a moderate eliminativism over integrationism, which is a rival philosophical framework for the cognitive sciences. I begin by going over the motivation for RDOC, which rests on the problems with the existing Diagnostic and Statistical Manual of Mental Disorders framework in psychiatry. Then, I introduce the main tenets of RDoC (...) before discussing eliminativism and trying to show what a moderate eliminativism looks like through the example of addiction. I then contrast that approach with intregrationism to the latter’s detriment. I end by wondering whether the broadly political consequences of eliminativism give us non-scientific reasons for resisting it, as it threatens to rob ordinary people of important means of self-description. (shrink)

In this paper, I will argue that the NIMH’s new Research Domain of Criteria is a useful test of the philosophical hypothesis of eliminative materialism and demonstrates the superiority of a moderate eliminativism over integrationism, which is a rival philosophical framework for the cognitive sciences. I begin by going over the motivation for RDOC, which rests on the problems with the existing Diagnostic and Statistical Manual of Mental Disorders framework in psychiatry. Then, I introduce the main tenets of RDoC (...) before discussing eliminativism and trying to show what a moderate eliminativism looks like through the example of addiction. I then contrast that approach with intregrationism to the latter’s detriment. I end by wondering whether the broadly political consequences of eliminativism give us non-scientific reasons for resisting it, as it threatens to rob ordinary people of important means of self-description. (shrink)

I present an immanent, and explanatory, critique of reflections on the nature of politics and of power within political science. I argue that these reflections are problematic, to the extent that they presuppose an actualist conception of the political, and that this is generated by an empiricist way of thinking on the one hand and a constructivist way of thinking on the other. I show how re-defining politics, power, and the political on the basis of a dialectical critical realist ontology (...) resolves these problems and, thereby, allows us to understand the conditions for social change and the relationship between the political and the economic. My argument has two, important implications: first, that the proposal that those who study politics professionally should celebrate philosophical diversity is dangerous–at least if it makes it difficult to sustain a distinct, emancipatory form of political inquiry; and, second, that the nature of social reality justifies the need both for specialized forms of inquiry, such as politics and economics, and integrative forms of inquiry, such as political economy. (shrink)

Wayne Norman argues that there should be more similarity or unity between the justifications for markets and the extra-legal norms that apply to market agents. I question two aspects of his claim. First, why does Norman refer to this view as a view about the self-regulation of market agents? Agents could self-regulate with many different norms, not necessarily norms informed by the justifications for markets. Second, asking for more similarity might create problems in terms of the liberty of market agents (...) to pursue other morally relevant objectives. How are we to balance these other relevant objectives and the objectives of markets? (shrink)

Climate change confronts humanity with a challenge it has never faced before. It combines issues of global justice and intergenerational justice on an unprecedented scale. In particular, it stands to adversely affect the global poor. So far, the global community has failed to reduce emissions to levels that are necessary to avoid unacceptable risks for the future. Nor are the burdens of emission reductions and of coping with climate impacts fairly shared. The shortcomings of both political and individual climate action (...) thus seem like a paradigmatic case for non-ideal theory. Non-ideal theory can be understood as a form of political theorising that compares different responses to (i) failures of agents to comply with the demands of justice and (ii) unfavourable circumstances. Insofar as non-ideal theory also aims to be action-guiding, it asks normative theorists for a more thorough engagement with the empirical context so as to arrive at practical recommendations for the ‘here and now’. This volume examines the normative issues that become relevant when the non-ideal circumstances of the climate context are fully taken into account. It is comprised of three parts: The first collects chapters that reflect on general issues in responding to the shortcomings of current climate action. Chapters in the second part propose more specific practical reforms. The third part examines how moral values ought to be brought into the scientific, political, and public debates under the non-ideal circumstances of this world. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Saving Honor:The Ideology of Equal Esteem and the Good of Honor, Friendship, and Glory according to St. ThomasDominic Verner O.P.In his book Natural Law and Human Rights, Pierre Manent assesses and critiques a practical ideology that he finds pervasive within the European academy and sees increasingly informing the practical sensibilities of much of the Western world. "Our governing doctrine," as Manent calls it, is chiefly characterized by the primacy (...) of right over law and the rejection of any objective principle by which actions and persons might be judged.1 It is "the plasticity of the human form" itself which demands respect.2 The only non-constructed and thus normative characteristic of equal human nature is the power of being an "individval-conatus," the power to be one's own rule and reason for acting.3 And the only generally recognized purpose of this "individual-conatus" is to satisfy the desire for power, which is the sole universal motive of human action.4 Such an individual can be legitimately ruled and governed only by himself, a claim reflected in the ideal of the autonomous subject and representative government.5 In sum, Manent characterizes this ideology in terms of a thoroughgoing [End Page 335] rejection of any objective rule, "any law of God or of nature," according to which man is defined and judged.6Manent warns that this ideology is opposed to the very wellsprings of action, since an operation is rightly called an action only when it is performed according to some deliberate choice, which requires some rule and reason. If all rules and reasons are entirely self-generated, then there is no principle according to which deliberation might occur. Such a so-called autonomous subject purports to command himself, but in fact he is more patient than agent: the subject is moved by desires and preferences which cannot be weighed according to any discriminatory rule or principle, since the desires and preferences themselves are the only rule the subject acknowledges. Aside from submitting to the movement of the inexplicably strongest preference, the only positive reason for acting that remains is to destroy any vestiges of objective rules or reasons for acting—that is, the law—that might hinder the realization of individual preference: "The acting animal is now the prisoner of the very audacious and ingenious arrangement that he once devised to escape the urgency and to avoid the difficulty of the practical question. Caught in the realm of inaction, he seeks out, in a kind of terminal fever, the last corners of social existence that still escape the laissez-faire idea and where the very idea of the law might suffer its final defeat."7What is a Christian to make of this practical ideology? What natural inclinations does it privilege and how might the goods it seeks be sought rightly? Manent argues that the sole universal motive for action explicitly recognized by this practical ideology is a certain kind of power: the power of self-determination. According to the governing doctrine, this power is the only universal human motive that can be relied upon to construct common life and political order. Manent's response to this ideology is therefore to propose a recovery of a natural law account of the heterogeneity of universal human motivations to include useful, pleasing, and honorable goods. In this article, I will argue that Manent's own account of the ideology he critiques suggests a more fundamental motive driving the ideology, namely, a desire for an unassailable esteem. And since it is a desire for esteem that best explains the attractiveness of the ideology of modern freedom, an alternative vision of practical life will need to address the desire for esteem and articulate its proper bases. In advancing this argument, I will first show that Manent's own analysis highlights the importance of the desire for esteem in motivating the ideology of modern freedom. I will then turn to the anthropology of Thomas [End Page 336] Aquinas to show that the desire for esteem is manifested in the desire for honor and for friendship and is rooted in a fundamental inclination to have certain knowledge of one's... (shrink)

Yong Huang presents criticisms of Neo-Aristotelian meta-ethical naturalism and argues Zhu Xi’s Neo-Confucian approach is superior in defending moral realism. After presenting Huang’s criticisms of the Aristotelian metaethical naturalist picture, such as that of Rosalind Hursthouse, I argue that Huang’s own views succumb to the same criticisms. His metaethics does not avoid an allegedly problematic ‘gap,’ whether ontological or conceptual, between possessing a human nature and exemplifying moral goodness. This ontological gap exists in virtue of the fact that it is (...) possible for there to be bad people, and the conceptual gap exists in virtue of the fact that people are not ‘good’ (in that sense of being a good agent) merely because they are human. Aristotelians and Confucians both should reject that such gaps are problematic. I conclude by proposing that Huang is better understood as criticizing the Aristotelian move from scientific-empirical facts about human nature to the objective prescriptivity of moral norms. But so too I argue that Confucians should not follow Huang here either. There is good scientific evidence that would be supportive of a Confucian analysis of social virtues and provide one way of responding to those worries about the scientific-empirical accessibility of facts about the good life. (shrink)

In this review essay I offer a critical assessment of the work of David Byrne, an applied social scientist who is one of the leading advocates of the use of complexity theory in the social sciences and who has drawn on the principles of critical realism in developing an ontological position of ‘complex realism’. The key arguments of his latest book, Applying Social Science: The Role of Social Research in Politics, Policy and Practice constitute the frame of the review; however, (...) since these overlap with those of his previous books, Interpreting Quantitative Data and Complexity Theory and the Social Sciences, I consider all three books together. I identify aspects of Byrne’s ontological position that are in tune with the principles of original and dialectical critical realism and aspects that are not. I argue that these inconsistencies, which Byrne must resolve if he is to take his understanding of complexity further, stem from the residual influence of various forms of irrealism in his thinking. (shrink)

This essay examines Deleuze’s relation to new materialism through an engagement with new materialist claims about the human and nonhuman relation and about agency. It first considers the work of Elisabeth Grosz and then moves on to a consideration of Deleuze’s own conception of a new materialism/new naturalism. I seek to show that Deleuze is an ethically motivated naturalist concerned with an ethical pedagogy of the human, which he derives from his reading of Spinoza. I seek to illuminate (...) some of the principal features of this ethically guided materialism/naturalism and show that even in his later work with Felix Guattari, which situates all life, human and nonhuman, on a plane of immanence, there remains a recognition that the human animal is ethically distinguished as the inventive species par excellence. My main claim, then, is that Deleuze’s project cannot be aligned with a new materialism that supposes a flat ontology and that does away with an ethical distinction between the human and the nonhuman. Although Deleuze bequeaths a complex legacy to post-modern thought in his thinking about the human, it should not be supposed that he has no affinities with aspects of a humanist position and pedagogy. (shrink)

Recent International Relations scholarship has identified ‘societal multiplicity’ as the ontological concept that gives IR its identity as an academic discipline. My article, by contrast, addresses the question: What are the consequences, that is, the positive potential and the necessary costs, of understanding multiplicity as a moral-political value in world politics? The question is important because, in contrast to the focus on multiplicity as the ontology of IR, it allows us to develop a more radically democratic idea of multiplicity as (...) a value in world politics. To address this question, I will bring Rosenberg’s conception of societal multiplicity into conversation with the radically democratic idea of Tully’s ‘strange multiplicity’ and draw out the consequences of such a normative turn. My argument is that while Rosenberg does not frame multiplicity as a value, Tully’s normative understanding of the concept harbours enormous potential to transform oppressive and dominating practices in world politics. However, I will also show that Tully’s general rejection of all forms of domination comes at a price that must not be underestimated. It is of crucial importance to get a clear picture of these consequences as we must decide whether or not this price is, ultimately, worth paying. (shrink)

This paper develops a domination-based practice-dependent approach to justice, according to which it is practices of systemic domination which can be said to ground demands from justice. The domination-based approach developed overcomes the two most important objections levelled to alternative practice-dependent approaches. First, it eschews conservative implications and hence is immune to the status quo objection. Second, it is immune to the redundancy objection, which doubts whether empirical facts and practices can really play an irreducible role in grounding justice. In (...) theorising dominating practices in terms of practices of social power, a domination-based approach makes justice dependent on factual information in three ways: First, the principle of non-domination is indeterminate and can only be spelled out by taking into view particular contexts of domination. Second, the principle of non-domination is conditional on the existence of practices of social power. Third, social power possesses a structural ontology – to know whether A has social power over B we need to turn to social rules distributing agents' higher order status of normative authority towards each other. This explains in what way practices of social power – and of domination – are both factual and normative practices and hence how such practices are non-redundant in grounding justice. (shrink)

Materialism—the view that all of reality is wholly determined by the very, very small—and extreme nominalism—the view that properties, kinds, and qualities do not really exist—have been the dominant view in analytic philosophy for the last 100 years or so. Both views, however, have failed to provide adequate accounts for the possibility of intentionality and of knowledge. We must therefore look to alternatives. One well-tested alternative, the hylomorphism of Aristotle and the medieval scholastics, was rejected without being refuted and (...) so deserves further examination. I will argue that Aristotelian hylomorphic provides a markedly superior account of knowledge, cognitive normativity, and intentionality. (shrink)

Group agents like businesses, political parties, universities, and charity organisations dominate our social and political landscapes. Their activities dictate our legal structures, the availability of education and healthcare, and our collective leap into climate crisis. Hence, it is crucial that we understand both the norms of these group agents and how these norms arise. will argue for applying the organisational account of normativity to group agents as the best means to achieve this understanding. Roughly, the organisational account says that the (...) norms of an agent are determined by that agent’s structure insofar as that structure dictates both what the agent is capable of and what is necessary for its persistence in its present environment. I argue that expanding the organisational account to group agents best positions us to understand both what a group’s norms are and how they arise. I suggest that the organisational account provides us with a powerful tool for addressing unjust collective behaviours in the social and political spheres. (shrink)

The aims of this paper are twofold: to critique Graham Harman’s avowedly nonrelational object-oriented ontology from the shared relational vantage of ethics, social philosophy, and feminist new materialism; and to articulate the metaphysical basis for a materialist ontology that serves at once as a posthumanist metaethic, or, as I call it, proto-ethic. The nascent movements of speculative realism and object-oriented ontology suggest some fruitful strategies for challenging the anthropocentrism of the post-Kantian philosophical landscape. They do so, however, by simultaneously (...) foreclosing the possibility of thinking with these strategies to address moral and political problems, insofar as they characterize the real as fundamentally nonrelational. I argue that Harman’s adopted noumenalism is ultimately self-undermining, and offer as an alternative a materialist account of reality as intrinsically phenomenal, where phenomenality is unpacked as the excessive, ongoing source of proto-ethical norms to which every human ethical system implicitly appeals. (shrink)

The aims of this paper are twofold: (1) to critique Graham Harman’s avowedly nonrelational object-oriented ontology from the shared relational vantage of ethics, social philosophy, and feminist new materialism; and (2) to articulate the metaphysical basis for a materialist ontology that serves at once as a posthumanist metaethic, or, as I call it, proto-ethic. The nascent movements of speculative realism and object-oriented ontology suggest some fruitful strategies for challenging the anthropocentrism of the post-Kantian philosophical landscape. They do so, however, (...) by simultaneously foreclosing the possibility of thinking with these strategies to address moral and political problems, insofar as they characterize the real as fundamentally nonrelational. I argue that Harman’s adopted noumenalism is ultimately self-undermining, and offer as an alternative a materialist account of reality as intrinsically phenomenal, where phenomenality is unpacked as the excessive, ongoing source of proto-ethical norms to which every human ethical system implicitly appeals. (shrink)

In _Ernst Bloch’s Speculative Materialism: Ontology, Epistemology, Politics_, Cat Moir offers a new interpretation of the philosophy of Ernst Bloch. Moir challenges perceptions of Bloch as a naïve utopian thinker via a close contextualised reading of his speculative materialism.

In lieu of an abstract, here is a brief excerpt of the content:BOOK REVIEWS 495 Perhaps a word should be added about those who deny that Sein und Zeit (or any of Heidegger's later work) has any bearing on theology. Both K. LOwith and H. Jonas claim that Heidegger operates under certain ontic-ontological presuppositions that are taken from and lead to an ontic negation of theology.'2 In a lecture delivered at Drew University Jonas even accused Heidegger of paganism and fatalism.'3 (...) Anybody familiar with Heidegger's thinking knows, of course, how wrong this is. In an interview Heidegger granted to the magazine der Spiegel in 1966, mainly to clarify his political activity during the Nazi period, the question of God entered into the discussion. (The interview was published only after his death in 1976 as Heidegger had stipulated.) In connection with the dangers involved in our technological society Heidegger said, "Only a God may save us. For us there remains the only possible way to prepare, through thinking and poeticizing, a readiness for the appearance of God or the absence of God [and our] doom: that we will perish in the face of the absent God.",4 These are only a few examples of the many authors Siefert discusses in her instructive book. The language is complicated, but the richness of the material as well as Siefert's keen insight reward the reader. An extensive bibliography and an index are added. ELISABETHFE1STHIRSCH Trenton State College On Materialism. By Sebastiano Timpanaro. (London: NLB, 1975. Pp. 254. $15.50) Sebastiano Timpanaro has published as a classical philologist, has been a militant member of Italian socialist parties since 1945, and has been most influenced by Leopardi, a nineteenthcentury Lucretian hedonist and materialist. His socialist and Leopardian interests are brought together in this work, which is a criticism of the tendencies in Western European Marxism (dominated by the Frankfurt school, existentialists, and structuralists) toward idealism and humanism, and their "erroneous rejection" of the biological and physical aspects of Marxism, to leave only historical materialism. Timpanaro claims that the interpretations of the Frankfurt school and Althusser "allow very little of Marxism to survive"; they are falsely antiscientific and adopt a Platonistic conception of science. From materialism he takes as his own point of departure certain hedonistic and pessimistic themes (is that the genuine Marxism?) that reached their height in Leopardi: a social and historical optimism regarding "communism as a now certain goal of human history" (in this he ignores that Marx in the Manuscripts said that communism is not the goal of, but only a stage in, human history); and "pessimism with respect to nature's oppression of man, which would continue to be a cause of unhappiness even in communist society." Again Timpanaro ignores the Manuscripts and Grundrisse where Marx reminds us that nature is our body with which we are in interaction. Timpanaro's pessimism can be understood as a result of the alienation we experience because of the attitudes of conquest and domination of nature--attitudes still endorsed by him in his claim that the animal merely uses nature, while man, who can set goals for himself and use means to his ends, can master nature. But we are in a position, historically, where our very survival depends on our moving back into harmony with nature, by overcoming that alienation. Timpanaro is not yet free of that outdated, bourgeois worldview; his is in accord with the view of capitalism, of which the final contradiction may be the ecological crisis of pollution and the depletion of resources in the name of "necessary" growth. Leopardi's materialist pessimism predicated human solidarity 12On LOwithsee Siefert, pp. 173-180. "On Jonas see Siefert, pp. 180-184,esp. p. 181 n. where Siefert refers to Father Richardson's answer to Jonas. 14May 31, 1976, p. 209. 496 HISTORY OF PHILOSOPHY upon the foundation of the struggle against nature, whereas Marx based the overcoming of our alienation from nature on the reestablishment of an equilibrium and solidarity with nature, our body. In his treatment of structuralism, Timpanaro is not only wallowing in his nineteenthcentury worldview, but he stoops to the lowest level of labeling and name calling, often without supporting arguments, of which dogmatic Marxists are... (shrink)

With this paper, I will interrogate some of the implications of nursing's dominant historiography, the history written by and about nursing, and its implications for nursing ethics as a praxis, invoking feminist philosopher Donna Haraway's mantra that ‘it matters what stories make worlds, what worlds make stories.’ First, I will describe what I have come to understand as the nursing imaginary, a shared consciousness constructed both by nurses from within and by those outside the discipline from without. This imaginary is (...) fashioned in part by the histories nursing produces about the discipline, our historical ontology, which is demonstrative of our disciplinary values and the ethics we practice today. I assert that how we choose to constitute ourselves as a discipline is itself an ethical endeavour, bound up with how we choose to be and what we allow as knowledge in nursing. To animate this discussion, I will outline the received historiography of nursing and dwell in the possibilities of thinking about Kaiserswerth, the training school that prepared Nightingale for her exploits in Crimea and beyond. I will briefly consider the normative values that arise from this received history and consider the possibilities that these normative values foreclose upon. I then shift the frame and ask what might be possible if we centred Kaiserswerth's contested legacy as a training school for formerly incarcerated women, letting go of the sanitary and sanitised visions of nursing as Victorian angels in the hospital. Much energy over the past 250 years has been invested in the professionalisation and legitimation of nursing, predicated (at least in our shared imaginary) on the interventions of Florence Nightingale, but this is one possibility of many. I conclude with a speculative dream of the terrain opens up for nursing if we shed this politics and ethos of respectability and professionalism and instead embrace community, abolition and mutual aid as organising values for the discipline. (shrink)

Political theory is contextualist when factual claims about context are part of the justification of normative political judgments. There are different kinds of contextualism depending on whether context is relevant for the formulation and justification of political principles, whether principles themselves are contextually specific, or whether context is only relevant for the application of principles. An important challenge to contextualism is the problem of critical distance: how can theories ensure a critical perspective if facts about the context to be evaluated (...) are also part of the justification for the normative judgments? Tariq Modood and Simon Thompson have defended what they call iterative contextualism, which combines elements of all three kinds of contextualism in an attempt to avoid the problem of critical distance. The present paper discusses Modood and Thompson’s iterative contextualism and whether it manages to avoid the problem of critical distance. (shrink)

This book addresses the topic of the explicit and implicit commitments about persons as a kind in the literature on personal identity and draws out their political implications. I claim that the political implications of a metaphysical account can serve as a test on its veracity in cases in which the object-kind under analysis is itself constitutively normative, as the kind person might be, or in those cases in which counting as a member of the kind in question confers a (...) certain normative status upon those that do so count, which the kind person certainly satisfies. I argue that metaphysical accounts of personal identity often contain certain mistaken background assumptions concerning personhood, often due to a failure to recognize that being a person is environmentally dependent. -/- Because being a person is environmentally dependent, but this is not often noted, let alone incorporated into our theories of persons, although there are exceptions, a closer look at those theories is required if we are to have a just society. In fact, it is a bit surprising that this is the current situation, since the claim that certain members of society are oppressed due to being denied full personhood and its attendant rights has been the basis of several social movements: first-wave feminism, anti-slavery movements, and civil rights movements generally. Historically, these resistance movements aimed at claiming that, unlike how they were treated, they did in fact meet the requirements for personhood that those in more privileged sectors did and should therefore enjoy the same rights as the more privileged. -/- While I agree with the justification for these movements -- that the injustice driving them is that of the denial of the rights of persons -- I advocate for moving away from the idea that the only appropriate response is to count those who make such claims as being members that meet the dominant conception of personhood. Instead, I want to highlight the fact that if being a person is an environmentally dependent fact, theories of the nature of persons must recognize this or risk reflecting and perpetuating the current status quo. -/- For these reasons, those in need of recognition of their rights as persons should not only resist the failure of having them granted but should also question the current understanding of the concept itself, since the very notion may be riddled with normative assumptions typical only of those with certain kinds of privilege. That is, fighting for recognition as persons, without also resisting and questioning the source and objectivity of our current concept of personhood, risks failing to truly challenge the currently unfair social structure in any deep way. -/- There is a risk, however, with taking such a stance -- that it will be fallaciously inferred that there is no fair concept of persons at all to which are owed rights. But this does not follow from the stance I take. All that follows is that we must recognize our fallibility in offering metaphysical theories, particularly when the concept under investigation is normatively sensitive and environmentally dependent in the way that the kind person seems to be. -/- Theories concerning the metaphysics of persons, then, must address the fact that those with privilege not only have more power to assert their rights as persons, but they are also the source of most received views of the concept itself. It is possible, therefore, that our current metaphysical theories may be mis-describing the objective nature of personhood as a kind for politically biased reasons. -/- I argue that one of the particularly pernicious assumptions frequently made is that to be a person is to be a certain kind of psychologically integrated being. This is an ideal we seem to hold dear, since we tend to pathologize the failure to achieve it. I claim, however, that this thesis about persons as integrated is exactly the kind of idea that fails the environmental dependence test, since this state of integration is often only readily had by those who have a certain amount of control over their external environment, which many of us do not enjoy. For those who are not members of the dominant group, a strongly integrated self is sometimes simply not on the horizon, since being subject to the vicissitudes of the external environment often leads to conflict, fragmentation, or disintegration. Having inadequate power over one's own circumstances tends to produce what we might call “fractured selves,” selves that face a multitude of environmental forces, many times thrusting contradictory norms, roles, and traits, upon those subjected to them. -/- The fact that the failure to achieve integration is in fact pathologized makes the integration thesis seriously questionable, since it creates a situation in which those most in need of being conferred the normative status of being a person will fail to get such recognition, and in fact, possibly labelled as "defective" in some way or other. This is unjust for many reasons, at least one of which is that it relies on morally irrelevant facts to determine a person's normative status. -/- The previous issues raise the question of whether the aim of a giving a metaphysical account of persons ought to be understood descriptively or prescriptively, since current metaphysical accounts would fail to count many individuals as persons. However, taking metaphysical accounts as a prescriptive is highly controversial. I doubt that most of those offering explicit metaphysical theories of persons would agree that they are engaged in any kind of prescriptive project. Some psychologists and psychiatrists perhaps may take themselves to be determining whether a person is "healthy" by our current understanding of what it is to be a person, but the idea of having a healthy psychology sufficient for being a fully competent person is vastly different from having a healthy physical body, which does seem to have a more objective basis, although even this is questioned in disability studies. -/- The strong integration thesis, then, as now applied, clearly raises political issues, and has potential negative consequences for many beings that we typically do think of as persons. The integration thesis then needs to be replaced with a more adequately descriptive metaphysical theory or revised in a way so that it avoids these negative political consequences. -/- I see two paths open: (1) maintain the integration thesis as an ideal, and grant those who fail to meet it a temporary kind of normative status equal to that of being a person and push for substantive equal opportunity to achieve integration; or (2) reject the ideal altogether and offer a different account of the nature of being a person that counts so-called "fractured selves" as persons. -/- I believe that path (2) is preferable to path (1) for several reasons. First, it requires no condescension or paternalistic attitudes towards those who fail to be fully integrated; second, it expresses intellectual humility in accepting that standards that appear objective are often, in reality, biased and should not be universally applied; and third, it is more realistic in that it does not assume that there is an infinite amount of resources, and therefore harbors no illusions that equalizing power structures will allow everyone to enjoy the same amount and kind of power currently held by the dominant classes. -/- My own metaphysical account of what matters for survival to persons over time advocates for the idea that persons ought to be understood as constituted not only by internal psychological relations, but also by their relations to their surrounding environments, and this includes relations to inanimate objects. This view, I argue, can accommodate fractured selves as full persons, allowing for various psychological configurations to count as persons. It is also an improvement on views that do happen to recognize the environmental influence on persons -- social constitution views. The reason is that these views argue that persons just are what their environmental social surroundings dictate, which also has potentially negative political consequences, since it threatens to bind persons so closely to socio-cultural contexts that it closes off the possibility of resistance to them. However, because the view I endorse, makes persons environmentally dependent not only on their socio-cultural context, but on the whole of their environment, this makes persons partly independent of socio-cultural contexts, allowing them room to question them, which as noted, I believe they should be. (shrink)

In the early and often ignored 1934 essay ‘Reflections on the Philosophy of Hitlerism’, Levinas identifies a historically dominant form of politics rooted in the ontological reduction of the other to the same that provides intellectual justification for physical violence against the other. The ethical relation aims to overcome this political violence by thinking from the alterity of the other. The turn away from the political to the ethical does, however, lead to a problem – the third – that cannot (...) be resolved by the ethical relation and so necessitates a return to the political. The political returned to is not the same as that left, but privileges the ethical relation and involves decisions about how to realize a prior norm: justice. This has given rise to debate in the literature regarding the relationship between the ethical and political that pits an oppositional account against an entwined one. I defend the latter, but argue that it depends upon two issues that are problematic for Levinas’s attempted overcoming of ontological forms of violence. Specifically, his claim that this form of politics entails a ‘good’ form of violence, and insistence that the political decision required to realize the ethically inspired conception of politics is compatible with his theory of substitution. I argue that the former undermines his claim that an ethically inspired politics is fundamentally different to an ontologically inspired one, while the political decision upon which his ethically inspired politics depends is incompatible with his notion of substitution. (shrink)

Arguments from stability for liberal nationalism rely on considerations about conditions for the feasibility or stability of liberal political ideals and factual claims about the circumstances under which these conditions are fulfilled in order to argue for nationalist conclusions. Such reliance on factual claims has been criticised by among others G. A. Cohen in other contexts as ideological reifications of social reality. In order to assess whether arguments from stability within liberal nationalism, especially as formulated by David Miller, are vulnerable (...) to a comparable critique, the rationale for their reliance on factual claims is discussed on the basis of a number of concerns in John Rawls’s political liberalism. The concern with stability in liberal nationalism differs from stability in Rawls’s work, mainly because of the stronger non-ideal or ‘realist’ focus of the former. In so far as the ‘realism’ of arguments from stability for liberal nationalism is recognized, they are not vulnerable to the reification charge. But if the arguments are construed as realist, this at the same time makes for other tensions within liberal nationalism. (shrink)

Drawing from the writings of Deleuze and Foucault, various forms of political vitalism have emerged as one of the most dominant approaches to radical politics today. However, there has been considerable disagreement over the terms on which a debate over vitalism’s perceived utility should be carried out. This has allowed for a great confusion over what is at stake in the vitalist controversy. This article argues that an analysis of the most recent works of Maurizio Lazzarato, one of the most (...) prominent contemporary political vitalists, assists in clarifying the terms of the debate and provides a rebuttal of several of the most common criticisms of political vitalist thought. Through his engagement with the work of French sociologist Gabriel Tarde, Lazzarato has developed a distinct variety of neo-monadology that analyses the world in terms of micro-psychic forces. On the basis of this ontology, Lazzarato constructs a politics of multiplicity consisting of open strategies of experimentation and creation, which he argues offers the best form of resistance to neo-liberal capitalism. It is argued that Lazzarato is able to provide an answer to the three common charges that vitalism is a mysticism, suffers from a lack of normative foundations, and has an incoherent political programme. The article concludes with a reflection on the extent to which political vitalism is still haunted by a failure to give an account of and come to terms with the role of negativity in politics. (shrink)

La política es inseparable de la ontología. Toda ontología es política y toda política es en sí misma una ontología. La relación recíproca entre ontología y política puede ser identificada como la cuestión de su “paralelismo”. Este paralelismo de lo ontológico y lo político encuentra su primera formulación teórica en el pensamiento de Spinoza, el cual es rehabilitado por Deleuze y Guattari en su propia filosofía en la forma de un materialismo radical, un “materialismo ontológico”.

This article argues that a transcendental materialist conception of subjectivity can move us beyond the orthodox idealist theories that dominate progressive thought in advanced consumer-capitalism. This position can shed new light on current forms of subjectivity that seem to prefer life in consumer culture's surrogate social world rather than active participation in cultural and political resistance and transformation, which requires far more than simply 'transcending the norm'. The rebirth of creative political subjectivity is impossible unless the subject is prepared to (...) risk a traumatic encounter with the Real, the fundamental indeterminacy that exists not in the ideal-symbolic but the material realm, and prepared to reject liberal-postmodernist identity politics to participate in the construction of a coherent alternative ideology. (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)

A better appreciation of the material, distributed quality of human agency can illuminate subtle dynamics of domination and oppression and reveal resources for potentially liberatory political action. Materialist accounts of agency nevertheless pose challenges to the notion of personal responsibility that is so crucial to political obligation and democratic citizenship. To guard against this danger, we need to sustain the close connection between agency and a sense of selfhood that is individuated, reflexive, and responsive to norms. Yet we should acknowledge (...) that reflexive selfhood is not the whole of individual agency for the sources of agency extend beyond the individual herself. We also need to recognize the ways that both reflexivity and norm-responsiveness are themselves embodied capacities. When properly conceived, a materialist view of agency can increase awareness of our oftenunwitting contributions to systematic inequalities of power and extend our political responsibilities in emancipatory directions, thus holding great promise for democratic life. (shrink)

The human relation to things in the world is at stake in the so-called post-humanist era where the distinction between human and non-human is blurred, as indicated in a term like ‘the nano-self’. How should we understand the nature of our relation to things in this era? Or how can we describe an educationally meaningful relation we as human agents can make in relation to things, artificial and natural, in the face of this technologically hybrid and ever-dehumanizing tendency of society? (...) Well-known for his actor-network theory, Bruno Latour, an influential materialist and philosopher of technology, says that ‘objects’ have agency as much as humans; so we need to be able to translate the language of things into the language of men or vice versa as a way of co-shaping the world we live in. What does this mean and how can we do so? In carefully examining his theory, the essay attempts to explore and reformulate his account of the mediating role of human agency to see if it can provide us with an educationally plausible post-humanist concept of human agency, which can lead us into an ecologically ethical and politically responsible approach to education in general, and science education in particular. (shrink)

This article challenges François Jullien’s reading of Chinese thought based on his disjunction between ontology and shi, or propensity. According to Jullien, the Chinese history of ideas has been a never-changing entity in a homogeneous society for thousands of years. Jullien’s juxtaposing and contrasting ‘European thought’ and ‘Chinese thought’ falls into the trap of cultural essentialism he wanted to avoid. Jullien’s interpretation of shi also led him to believe that Chinese people never challenge reality, never confront or resist, tend to (...) stay in conformity, and lack interest in critical thinking. This paper argues that, despite the combination of Confucianism, Daoism and Legalism that constituted a powerful paradigm of normative governmentality of the hierarchical system in different dynasties in Chinese history, the spirit of political resistance has never ceased. Zhang Taiyan, at the end of the Qing Dynasty and the beginning of Republican China, demonstrated the tradition of such critical political thinkers. The re-reading of Zhang Taiyan’s Buddhist-inspired reading of Zhuangzi could offer us an additional possibility for the emancipatory and political thinking that can be inspirational even today. (shrink)

Materialism has been the subject of extensive and rich controversies since Robert Boyle introduced the term for the first time in the 17th century. But what is materialism and what can it offer today? The term is usually defined as the worldview according to which everything real is material. Nevertheless, there is no philosophical consensus about whether the meaning of matter can be enlarged beyond the physical. As a consequence, materialism is often defined in stark exclusive and (...) reductionist terms: whatever exists is either physical or ontologically reducible to it. This conception, if consistent, mutilates reality, excluding the ontological significance of political, economic, sociocultural, anthropological and psychological realities. Starting from a new history of materialism, the present book focuses on the central ontological and epistemological debates aroused by today’s leading materialist approaches, including some little known to an anglophone readership. The key concepts of matter, system, emergence, space and time, life, mind, and software are checked over and updated. Controversial issues such as the nature of mathematics and the place of reductionism are also discussed from different materialist approaches. As a result, materialism emerges as a powerful, indispensable scientifically-supported worldview with a surprising wealth of nuances and possibilities. (shrink)

Vagueness, Logic and Ontology explores various responses to the philosophical problems generated by vagueness and its associated paradox - the sorites paradox. Hyde argues that the theoretical space in which vagueness is sometimes ontologically grounded and modelled by a truth-functional logic affords a coherent response to the problems posed by vagueness. Showing how the concept of vagueness can be applied to the world, Hyde's ontological account proposes a substantial revision of orthodox semantics, metaphysics and logic. This book will be of (...) particular interest to readers in philosophy, linguistics, cognitive science and geographic information systems. (shrink)

Being for Beauty has two ambitions. It makes a case that the network theory of aesthetic value has enough going for it to be taken seriously in philosophical aesthetics, and in work on practical values and reasons more generally. In addition, by illustrating how much room we have to maneuver outside the bounds of aesthetic hedonism, the book invites work on alternative approaches. James Shelley, Julia Driver, and Samantha Matherne take up the invitation with such aplomb that one might declare (...) success on the second ambition and merely comment on how their proposals might be further developed. Nevertheless, since its explanatory power is precisely what gives us room to maneuver, what follows also sticks up for the network theory. (shrink)

Domination consists in subjection to the will of others and manifests itself both as a personal relation and a structural phenomenon serving as the context for relations of power. Domination has again become a central political concern through the revival of the republican tradition of political thought . However, normative debates about domination have mostly remained limited to the context of domestic politics. Also, the republican debate has not taken into account alternative ways of conceptualizing domination. Critical theorists, liberals, feminists, (...) critical race theorists, and postcolonial writers have discussed domination in different ways, focusing on such problems as imperialism, racism, and the subjection of indigenous peoples. This volume extends debates about domination to the global level and considers how other streams in political theory and nearby disciplines enrich, expand upon, and critique the republican tradition’s contributions to the debate. This volume brings together, for the first time, mostly original pieces on domination and global political justice by some of this generation’s most prominent scholars, including Philip Pettit, James Bohman, Rainer Forst, Amy Allen, John McCormick, Thomas McCarthy, Charles Mills, Duncan Ivison, John Maynor, Terry Macdonald, Stefan Gosepath, and Hauke Brunkhorst. -/- Front matter and First chapter available for download. (shrink)

Lopes (2010) offers an account of computer art, which he argues is a new art form. Part of what makes computer art distinctive, according to Lopes, is its interactivity, a quality found in few non-computer artworks. Given the rise in prominence of such artworks, most notably videogames, they are surely worthy of philosophical inquiry. I believe their ontology and properties are particularly worthy of study, as an understanding of these will prove crucial to critical understanding and evaluation of the works (...) themselves. Lopes’ account of interactive art is novel and important, but flawed, and in this essay I will discuss its flaws and suggest a better account of the properties of interactive art that builds on his work, providing a partial account of the ontology of interactive art. In Section 1, I discuss Lopes’ definition and ontology of interactive art; in Section 2, I argue that he only accounts for the properties of displays, neglecting the properties of interactive artworks themselves. In Section 3, I discuss several possible solutions for Lopes and why they are inadequate before Section 4 presents my view, that interactive artworks possess all of the properties of their varying displays because each possible display is part of the artwork. This is compatible with Lopes’ definition of interactive art, and so much of his account can be preserved, but with a refined account of the properties of interactive artworks. What I present is by no means a complete ontological study of interactive art, but hopefully lays the groundwork for future work on this ontology. (shrink)

Este artículo pretende analizar los modos de composición de la llamada fenomenología dialéctica propuesta por Herbert Marcuse en 1928. Es uno de sus primeros escritos, en el que el autor busca pensar en una teoría de la acción cuyo punto de partida son los análisis históricos derivados del materialismo histórico de Marx y Engels, orquestados con el análisis existencial proporcionado por Ser y tiempo de Heidegger. Para interpretar esta arquitectura filosófica pionera, primero mostraremos cómo el método de Marcuse establece la (...) comprensión de una situación histórica. En la segunda sección, analizamos cómo Marcuse interpreta, de manera original, los aspectos ontológicos del Dasein. En la última parte, se trata de mostrar cómo opera Marcuse una unión de ambos análisis para argumentar la necesidad de una acción transformadora sobre la alienación social revelada. Juntos, estos tres movimientos buscan enfatizar la preocupación social que siempre ha ocupado las reflexiones filosóficas de Herbert Marcuse. (shrink)

Given its brevity, Plato's Meno covers an astonishingly wide array of topics: politics, education, virtue, definition, philosophical method, mathematics, the nature and acquisition of knowledge and immortality. Its treatment of these, though profound, is tantalisingly short, leaving the reader with many unresolved questions. This book confronts the dialogue's many enigmas and attempts to solve them in a way that is both lucid and sympathetic to Plato's philosophy. Reading the dialogue as a whole, it explains how different arguments are related to (...) one another and how the interplay between characters is connected to the philosophical content of the work. In a new departure, this book's exploration focuses primarily on the content and coherence of the dialogue in its own right and not merely in the context of other dialogues, making it required reading for all students of Plato, be they from the world of classics or philosophy. (shrink)

The topic of vagueness re-emerged in the twentieth century from relative obscurity. It deals with the phenomenon in natural language that manifests itself in apparent semantic indeterminacy - the indeterminacy, for example, that arises when asked to draw the line between the tall and non-tall, or the drunk and the sober. Vagueness, Logic and Ontology explores various responses to the philosophical problems generated by vagueness and its associated paradox - the sorites paradox. Hyde argues that the theoretical space in which (...) vagueness is sometimes ontologically grounded and modelled by a truth-functional logic affords a coherent response to the problems posed by vagueness. Showing how the concept of vagueness can be applied to the world, Hyde's ontological account proposes a substantial revision of orthodox semantics, metaphysics and logic. (shrink)

This book provides an up-to-date revision of materialism’s central tenets, its main varieties, and the place of materialistic philosophy vis a vis scientific knowledge. Materialism has been the subject of extensive and rich controversies since Robert Boyle introduced the term for the first time in the 17th century. But what is materialism and what can it offer today? The term is usually defined as the worldview according to which everything real is material. Nevertheless, there is no philosophical (...) consensus about whether the meaning of matter can be enlarged beyond the physical. As a consequence, materialism is often defined in stark exclusive and reductionist terms: whatever exists is either physical or ontologically reducible to it. This conception, if consistent, mutilates reality, excluding the ontological significance of political, economic, sociocultural, anthropological and psychological realities. Starting from a new history of materialism, the present book focuses on the central ontological and epistemological debates aroused by today’s leading materialist approaches, including some little known to an anglophone readership. The key concepts of matter, system, emergence, space and time, life, mind, and software are checked over and updated. Controversial issues such as the nature of mathematics and the place of reductionism are also discussed from different materialist approaches. As a result, materialism emerges as a powerful, indispensable scientifically-supported worldview with a surprising wealth of nuances and possibilities. (shrink)

New Materialisms brings into focus and explains the significance of the innovative materialist critiques that are emerging across the social sciences and humanities. By gathering essays that exemplify the new thinking about matter and processes of materialization, this important collection shows how scholars are reworking older materialist traditions, contemporary theoretical debates, and advances in scientific knowledge to address pressing ethical and political challenges. In the introduction, Diana Coole and Samantha Frost highlight common themes among the distinctive critical projects that comprise (...) the new materialisms. The continuities they discern include a posthumanist conception of matter as lively or exhibiting agency, and a reengagement with both the material realities of everyday life and broader geopolitical and socioeconomic structures. Coole and Frost argue that contemporary economic, environmental, geopolitical, and technological developments demand new accounts of nature, agency, and social and political relationships; modes of inquiry that privilege consciousness and subjectivity are not adequate to the task. New materialist philosophies are needed to do justice to the complexities of twenty-first-century biopolitics and political economy, because they raise fundamental questions about the place of embodied humans in a material world and the ways that we produce, reproduce, and consume our material environment. Contributors Sara Ahmed Jane Bennett Rosi Braidotti Pheng Cheah Rey Chow William E. Connolly Diana Coole Jason Edwards Samantha Frost Elizabeth Grosz Sonia Kruks Melissa A. Orlie. (shrink)

There are not enough solid organs available to meet the needs of patients with organ failure. Thousands of patients every year die on the waiting lists for transplantation. Yet there is one currently available, underutilized, potential source of organs. Many patients die in intensive care following withdrawal of life-sustaining treatment whose organs could be used to save the lives of others. At present the majority of these organs go to waste.In this paper we consider and evaluate a range of ways (...) to improve the number and quality of organs available from this group of patients. Changes to consent arrangements (for example conscription of organs after death) or changes to organ donation practice could dramatically increase the numbers of organs available, though they would conflict with currently accepted norms governing transplantation.We argue that one alternative, Organ Donation Euthanasia, would be a rational improvement over current practice regarding withdrawal of life support. It would give individuals the greatest chance of being able to help others with their organs after death. It would increase patient autonomy. It would reduce the chance of suffering during the dying process. We argue that patients should be given the choice of whether and how they would like to donate their organs in the event of withdrawal of life support in intensive care.Continuing current transplantation practice comes at the cost of death and prolonged organ failure. We should seriously consider all of the alternatives. (shrink)

It is commonly suggested that vagueness is a purely semantic phenomenon having no metaphysical or ontological implications, requiring no new ontological category for its explanation. It does not entail any revision of the metaphysical view that the world is precise or determinate contra advocates of a vague or fuzzy ontology like Bertil Rolf and Michael Tye. The suggestion is often bolstered by arguments that purport to show that the world is completely describable in a precise language. The precision of the (...) world is then taken to follow from the availability of such a complete precise description thereof. In this sense vague language might be considered superficial. (shrink)

This chapter begins by sketching an account of morally responsible agency and the general conditions under which it may fail. We discuss how far individuals with psychiatric diagnoses may be exempt from morally responsible agency in the way that infants are, with examples drawn from a sample of diagnoses intended to make dierent issues salient. We further discuss a recent proposal that clinicians may hold patients responsible without blaming them for their acts. We also consider cognitively impaired subjects in the (...) light of related issues in moral and political theory, asking whether they have been unjustly excluded from liberal conceptions of political community due to their presumed lack of agency. (shrink)

Concentrating on the way in which new materialist authors like Jane Bennett have read and appropriated the philosophy of Gilles Deleuze, this essay has two major objectives: first, it aims to point out the shortcomings of the new materialism's concept of the political. Second, it seeks to investigate the differences and affinities between neomaterialist thought and Deleuze's philosophy. While Deleuze's focus on material becomings and concrete assemblages certainly lends itself to being utilised by neomaterialist authors, what many of these (...) authors tend to ignore is the Marxian influence in Deleuze's thinking. It would be misleading, then, to see Deleuze as a new materialist avant la lettre, thereby implying that he categorically dismissed the ‘old’ materialism. Rather, what is unique about Deleuze's philosophy is its combination of a Marxist understanding of modes of production and their material conditions with a social ontology – inspired, among others, by Spinoza and Tarde – that emphasises the complex intermingling of human and non-human actors. (shrink)