: The aim of the present paper is to discuss how the legal metaphors in Kant’s Critique of Pure Reason can help us understand the work’s transcendental argumentation. I discuss Dieter Henrich’s claim that legal deductions form a methodological paradigm for all three Critiques that exempts the deductions from following a stringent logical structure. I also consider Rüdiger Bubner’s proposal that the legal metaphors show that the transcendental deduction is a rhetorical argument. On the basis of my own reading of (...) the many different uses of legal analogies in the first Critique, I argue that they cannot form a consistent methodological paradigm as Henrich and Bubner claim. (shrink)
Kant's Critique of Pure Reason, his main work of theoretical philosophy, frequently uses metaphors from law. In this first book-length study in English of Kant's legal metaphors and their role in the first Critique, Sofie Møller shows that they are central to Kant's account of reason. Through an analysis of the legal metaphors in their entirety, she demonstrates that Kant conceives of reason as having a structure mirroring that of a legal system in a natural right framework. Her study (...) shows that Kant's aim is to make cognisers become similar to authorized judges within such a system, by proving the legitimacy of the laws and the conditions under which valid judgments can be pronounced. These elements consolidate her conclusion that reason's systematicity is legal systematicity. (shrink)
In Kant’s Politics in Context, Reidar Maliks offers a compelling account of Kant’s political philosophy as part of a public debate on rights, citizenship, and revolution in the wake of the French Revolution. Maliks argues that Kant’s political thought was developed as a moderate middle ground between radical and conservative political interpretations of his moral philosophy. The book’s central thesis is that the key to understanding Kant’s legal and political thought lies in the public debate among Kant’s followers and that (...) in this debate we find the political challenges which Kant’s political philosophy is designed to solve. Kant’s Politics in Context raises crucial questions about how to understand political thinkers of the past and is proof that our understanding of the past will remain fragmented if we limit our studies to the great men of the established canon. (shrink)
This paper challenges the role individual autonomy has played in debates on moral neuroenhancement (MN). It shows how John Hyman’s analysis of agency as consisting of functionally integrated dimensions allows us to reassess the impact of MN on practical agency. I discuss how MN affects what Hyman terms the four dimensions of agency: psychological, ethical, intellectual, and physical. Once we separate the different dimensions of agency, it becomes clear that many authors in the debate conflate the different dimensions in the (...) concept they call ‘autonomous agents’. They contend that, for example, reason-giving and previous autonomous acts are relevant to agency as such, when in fact they capture only one aspect of functionally integrated agency. This paper reconsiders MN in light of the functional integration of reason and emotions in practical agency. To illustrate the impact of MN on different aspects of agency, I consider examples from legal practice, which show that autonomy cannot be our sole focus when evaluating the moral implications of MN. (shrink)
In the Critique of Pure Reason, Kant explains the purpose of the transcendental deduction of the categories by referring to the practice of legal deduction (KrV, A 84/B 116). However, he does not elaborate the details of the analogy and the reader is left to fill in the blanks concerning legal deductions and their supposed similarities with transcendental deductions. In this paper, I suggest we use judicial imputation to clarify Kant’s analogy between transcendental and legal deductions. My claim is that (...) the core of the analogy is not the similarities between the acquisition of property and that of concepts but rather similarities in the application of a law to a deed. (shrink)
İmâmü’l-Haremeyn Ebü’l-Meâlî el-Cüveynî ve öncesi Eş‘arî kelâm sisteminde yer alan hâller teorisi, bu sistemin tümeller anlayışı şeklinde değerlendirilebileceği gibi ortak hakikatler şeklinde de değerlendirilebilir. Ancak bu dönemde söz konusu teoriyi savunanlar ve savunmayanlar olmak üzere iki farklı hakikat anlayışı göze çarpar. Hâlleri reddedenler hakikatleri nominal çerçevede değerlendirirken, bu teoriyi savunanlar ise realist bir tavırla mevcutlar için ortak hâl ve hakikatten bahseder. Bu doğrultuda onlar her ne kadar hâller teorisi üzerinden realist bir yöntem takınarak Aristotelesçi tümel anlayışına yaklaşmış olsalar da aralarında (...) temel farklar bulunur. Aristotelesçi tümel anlayışı nesnelere dair olmasına karşın kelâmcıların hâlleri, hâdis âlemde nesnelerin bütününe değil, onların yapı- taşları olan cevher-araz ikilisinin kapsamıyla sınırlıdır. Yani Cüveynî özelinde kelâmcılar nesnelerin yapıtaşlarında realist ancak nesneler bütünü dikkate alındığında nominalisttirler. Ayrıca hâller, Aristotelesçi tümellerden farklı olarak önermelerde asla konu kabul edilmemektedir. Hâllerde gözlemlenen bu durum nedeniyle söz konusu dönemin Eş‘arî kelâmında ikinci cevherler yer bulamamıştır. Son olarak da arazlar ve ilâhî mânâlar sıfat kategorisinden çıkartılıp yerine hâller yerleştirilmiştir. Böylece hakikî anlamda cevherler ve Zât-i ilâhînin yanında arazlar ve ilâhî mânâlar da zât kategorisine dâhil edilmiştir. Dolayısıyla zât-sıfat bağlamında yeni bir kelâm dili ortaya çıkmış ve hâllere ontik bir “yer” biçilmiştir. Ancak bu yer; kelime, zihin, nesne veya nesnenin ötesi değildir. Bu çerçeveyle hâller teorisi “şekil”, “kapsam” ve “yer” olmak üzere bu makalede üç noktada değerlendirilmeye tabi tutulacaktır. (shrink)
The Doctrine of Specific Nerve Energies has been and continues to be enormously influential in the physiology, psychology, and philosophy of perception. In simple terms, the Doctrine states that we directly perceive in the first instance the activity of our nerves, rather than properties in the external world. The canonical early statement of the Doctrine by the physiologist Johannes Peter Müller had profound influence on both the phi- losophy and psychology of the 19th and early 20th centuries, especially as reformulated (...) and transmitted by Müller’s student Helmholtz. A common assumption of historical and ongoing debate about the Doctrine has been its supposedly idealist or skeptical implications. What is not commonly recognized is that Müller himself ad- vanced a realist interpretation along lines that would be recognized today as a form of epistemic structural realism. This paper analyzes Müller’s structuralist epistemology in detail and reconstructs his articulation and defense of the Doctrine of Specific Nerve Energies in its canonical form. Part II argues for the continued im- portance of the Doctrine and its structuralist interpretation for contemporary psychology, philosophy of per- ception, and history of philosophy of science. (shrink)
In this article I assess the Invariance Principle, which states that only quantities that are invariant under the symmetries of our theories are physically real. I argue, contrary to current orthodoxy, that the variance of a quantity under a theory’s symmetries is not a sufficient basis for interpreting that theory as being uncommitted to the reality of that quantity. Rather, I argue, the variance of a quantity under symmetries only ever serves as a motivation to refrain from any commitment to (...) the quantity in question. (shrink)
There exists a common view that for theories related by a ‘duality’, dual models typically may be taken ab initio to represent the same physical state of affairs, i.e. to correspond to the same possible world. We question this view, by drawing a parallel with the distinction between ‘interpretational’ and ‘motivational’ approaches to symmetries.
The concept ‘hereditary breast cancer’ is commonly used to delineate a group of people genetically at risk for breast cancer—all of whom also having risk for other cancers. People carrying pathogenic variants of the BRCA1 and BRCA2 genes are often referred to as those having predisposition for ‘hereditary breast cancer’. The two genes, however, are when altered, associated with different risks for and dying from breast cancer. The main risk for dying for carriers of both genes is from ovarian cancer. (...) These biological facts are of philosophical interest, because they are the facts underlying the public debate on BRCA1/2 genetic testing as a model for the discussion of how to implement genetic knowledge and technologies in personalized medicine. A contribution to this public debate describing inherited breast cancer as ‘biological citizenship’ recently printed in Med Health Care and Philos illustrated how fragmented and detached from the biological and socio-political facts this debate sometimes is. We here briefly summarize some of the biological facts and how they are implemented in today’s healthcare based on agreed philosophical, ethical and moral principles. The suggestion of a ‘biological citizenship’ defined by hereditary breast cancer is incorrect and ill-advised. ‘Identity politics’ focusing hereditary breast cancer patients as a group based on a bundle of ill-defined negative arguments is well known, but is supported neither by scientific nor philosophical arguments. To those born with the genetic variants described, the philosophical rule of not doing harm is violated by unbalanced negative arguments. (shrink)
This article explores yet another paradox – aside from the privacy paradox – related to the datafication of media: citizens trust least the media they use most It investigates the role that daily life plays in shaping the trust that citizens place in datafied media. The study reveals five sets of heuristics guiding the trust assessments of citizens: characteristics of media organisations, old media standards, context of use and purpose, experiences of datafication and understandings of datafication. The article discusses the (...) use of these heuristics and the value that everyday life holds in assessing trust in datafied media. It concludes that, guided by a partial ‘structure of perception’ and enticed into trusting datafied media in the context of their daily lives, citizens may be highly concerned by the datafication of media but use them nevertheless. (shrink)
This article offers reinterpretation of the current economic and political crisis through the lens of Gramsci’s concept of “interregnum,” departing from the model of “punctured equilibrium” to analyze the specific political dynamics of nonhegemonic periods between the breakdown of one ideological order and the emergence of a new one. Although political science has a range theories about periods of hegemony and paradigmatic stability, the periods between stable hegemonies remain distinctly undertheorized. A theoretical concept describing periods of interregnum is offered and (...) applied to the changes in economic ideology and political alignments that followed the breakdown of the liberal order in the interwar period and the postwar Keynesian consensus of the 1970s. The concept is then applied to the current juncture, in which the hegemony of neoliberalism has been shaken by the 2008 financial crisis but no clear successor has emerged. (shrink)
Data-intensive science comes with increased risks concerning quality and reliability of data, and while trust in science has traditionally been framed as a matter of scientists being expected to adhere to certain technical and moral norms for behaviour, emerging discourses of open science present openness and transparency as substitutes for established trust mechanisms. By ensuring access to all available information, quality becomes a matter of informed judgement by the users, and trust no longer seems necessary. This strategy does not, however, (...) take into consideration the networks of professionals already enabling data-intensive science by providing high-quality data. In the life sciences, biological data- and knowledge bases managed by expert biocurators have become crucial for data-intensive research. In this paper, I will use the case of biocurators to argue that openness and transparency will not diminish the need for trust in data-intensive science. On the contrary, data-intensive science requires a reconfiguration of existing trust mechanisms in order to include those who take care of and manage scientific data after its production. (shrink)
Since the BBS article in which Premack and Woodruff (1978) asked “Does the chimpanzee have a theory of mind?,” it has been repeatedly claimed that there is observational and experimental evidence that apes have mental state concepts, such as “want” and “know.” Unlike research on the development of theory of mind in childhood, however, no substantial progress has been made through this work with nonhuman primates. A survey of empirical studies of imitation, self-recognition, social relationships, deception, role-taking, and perspective-taking suggests (...) that in every case where nonhuman primate behavior has been interpreted as a sign of theory of mind, it could instead have occurred by chance or as a product of nonmentalistic processes such as associative learning or inferences based on nonmental categories. Arguments to the effect that, in spite of this, the theory of mind hypothesis should be accepted because it is more parsimonious than alternatives or because it is supported by convergent evidence are not compelling. Such arguments are based on unsupportable assumptions about the role of parsimony in science and either ignore the requirement that convergent evidence proceed from independent assumptions, or fail to show that it supports the theory of mind hypothesis over nonmentalist alternatives. Progress in research on theory of mind requires experimental procedures that can distinguish the theory of mind hypothesis from nonmentalist alternatives. A procedure that may have this potential is proposed. It uses conditional discrimination training and transfer tests to determine whether chimpanzees have the concept “see.” Commentators are invited to identify flaws in the procedure and to suggest alternatives. Key Words: apes; associative learning; concepts; convergence; deception; evolution of intelligence; folk psychology; imitation; mental state attribution; monkeys; parsimony; perspective-taking; primates; role-taking; self-recognition; social cognition; social intelligence; theory of mind. (shrink)
The formation of the World Anti-Doping Agency in 1999 was spurred by the 1998 revelation of widespread use in professional cycling of erythropoietin. The drug was supposedly a real danger. The long-term consequences were unknown, but rumor said it made athletes’ blood thick as jam with clots and other circulatory fatalities likely consequences. Today the fear of EPO has dampened. However, new scientific avenues such as ‘neuro-doping’ have replaced EPO as emergent and imagined threats to athletes and to the integrity (...) of sport. In this paper, we analyze the alleged threat from ‘neuro-doping’ in the following steps: First, we outline an understanding of ‘neuro-doping’ in a narrow sense, which we then put into context by looking at the phenomenon in a broader sense. Second, we highlight examples of societal perceptions of sport and science in order to shed light on where the concern for ‘neuro-doping’ comes from. Third, we address the more general fear of technology as a root for this concern. Fourth, we examine the evidence for the performance enhancing capacities of ‘neuro-doping’, where after we look at the obstacles for a ban on this technology. We conclude the analysis by stating that at present ‘neuro-doping’ cannot be considered a threat to the integrity of sport. Finally, however, we put this conclusion into perspective by examining what the most reasonable response would be if in the future neuro-stimulation techniques becomes an effective performance-enhancing mean in sport. (shrink)
Since the end of the Second World War, the popularity of modern elite sport has grown immensely and so has the economical interests in sport. Athletes have become attractive advertising partners. Much money is at stake so it is understandable that companies are alarmed when their poster boys or girls are caught up in scandals. Inspired by a recent study, which found that stock return of primary team sponsors in cycling was not affected if the team was involved in doping (...) scandals, this paper is an attempt to explain why athletes often maintain their marketing value even if they are exposed as bad role models. The thesis is that the attraction of athletes relates to the concept of ‘charisma’, and that the success of mass spectator sports is due to sport’s appeal to what psychologist Henry Rutgers Marshall by the end of the 19th Century in an article in Mind identified as man’s ‘religious instinct’. So after a brief introduction, the paper begins with a clarification of the antiquated concept ‘religious instinct’. This is followed by a critical examination of the secular usage of ‘charisma’ as introduced by Max Weber. Peter Sloterdijk’s sobering point that Hitler’s aptitude for his role in Germany did not rely on charisma lays the foundation for a more precise and rationally consistent description of the concept. It is argued that charisma is not something certain individuals posses, rather it is something that is experienced as an emotional effect by those who label individuals charismatic, which is based on the honesty competence and commitment of the perceived ‘charismatic’ person. Idols can have charismatic effect on us even if they are unprincipled cheats so long as they are committed to what they do. This is why athletes maintain their appeal and marketing value so long as their performances transcend the capabilities of ordinary people. (shrink)