In lieu of an abstract, here is a brief excerpt of the content:Martin Heidegger and OntologyEmmanuel Levinas (bio)The prestige of Martin Heidegger 1 and the influence of his thought on German philosophy marks both a new phase and one of the high points of the phenomenological movement. Caught unawares, the traditional establishment is obliged to clarify its position on this new teaching which casts a spell over youth and which, overstepping the bounds of permissibility, is already in vogue. For once, (...) Fame has picked one who deserves it and, for that matter, one who is still living. Anyone who has studied philosophy cannot, when confronted by Heidegger’s work, fail to recognize how the originality and force of his achievements, stemming from genius, are combined with an attentive, painstaking, and close working-out of the argument—with that craftsmanship of the patient artisan in which phenomenologists take such pride. In this study, it is important for us to understand, above all, the true intentions of our author, to illuminate what he thinks really needs to be said, and to surmise what is most critical for him.To get to the heart of Heidegger’s system, it seems fitting to begin with a problem that is generally familiar. We choose the problem of knowledge, a deeper understanding of which takes us to the very threshold of Heidegger’s thought. For this problem, central to modern philosophy, is one of the main obstacles of modern philosophy that Heidegger wishes to surmount. Neo-Kantianism, which takes knowledge as the philosophical problem of the first rank, is the movement against which Heidegger rebels with all his strength. We have, thus, every chance of gaining access to his thought by the main door, so to speak. Once inside the system we will try to trace its outlines, 2 reserving, for a second part of our work, the determination of Heidegger’s place in the history of ideas, especially in the phenomenological movement, as well as of his relations with the philosopher to whom he owes so much—Edmund Husserl. 31In its most general form, the problem of the theory of knowledge has a critical significance. It consists in delineating a domain where knowledge can be certain and in determining the criteria for the legitimate scope of knowledge. But this problem, as normal and as simple as it may appear, has deeper roots. That knowledge should need a criterion at all presupposes that truth is not identical to all that is known and that the course [End Page 11] of things can fail to correspond with the course of thought. “How does knowledge correspond to being?” is a more profound formulation of the problem of knowledge.But we are not going to touch anymore on the primordial phenomenon that generates the problem. The problem of correspondence between thing and thought presupposes a free activity of thought and its isolation in relation to the object. It is precisely this presupposition which renders their harmony and even their contact problematic. “How does the subject take leave of itself to attain the object?” is what the problem of knowledge, in the last analysis, boils down to. Its true source is thus the concept of “subject” as elaborated by modern philosophy. The cogito presided over the subject’s birth. The cogito was the affirmation of the privileged nature of the subject’s immanent sphere, of its unique place in existence; hence, the cogito was the specificity of the subject’s connection to the rest of reality, the sui generis nature which opens up the passage from immanence to transcendence, the passage from ideas contained in the thinking substance to 4 their “formal existence.”The concept of the subject, understood as a substance having a specific position in the entire domain of being, presents us with difficulties of two kinds. First, how do we understand this leave-taking from the self which the thinking substance brings about and which displays an entirely original aspect? Indeed, we could say that thought, in reaching out toward objects, does not actually take leave of itself, since its objects—considered as ideas and contents of thought—are, in a certain sense, already within it. In order to make sense of this paradox, Descartes... (shrink)

The central question of this article is how to combine counterfactual theories of knowledge with the notion of actuality. It is argued that the straightforward combination of these two elements leads to problems, viz. the problem of easy knowledge and the problem of missing knowledge. In other words, there is overgeneration of knowledge and there is undergeneration of knowledge. The combination of these problems cannot be solved by appealing to methods by which beliefs are formed. (...) An alternative solution is put forward. The key is to rethink the closeness relation that is at the heart of counterfactual theories of knowledge. (shrink)

Here is a definition of knowledge: for you to know a proposition p is for you to have an outright belief in p that is correct precisely because it manifests the virtue of rationality. This definition resembles Ernest Sosa’s “virtue theory”, except that on this definition, the only virtue that must be manifested in all instances of knowledge is rationality, and no reductive account of rationality is attempted—rationality is assumed to be an irreducibly normative notion. This definition (...) is compatible with “internalism” about rationality, and with a form of “pragmatic encroachment” on the conditions of rational outright belief. An interpretation is given of this definition, and especially of the sense of ’because’ that it involves. On this interpretation, this definition entails that both safety and adherence are necessary conditions on knowledge; it supports a kind of contextualism about terms like ‘knowledge’; and it provides resources to defend safety, adherence, and contextualism, against some recent objections. (shrink)

An account of Plato’s theory of knowledge is offered. Plato is in a sense a contextualist: at least, he recognizes that his own use of the word for “knowledge” varies – in some contexts, it stands for the fullest possible level of understanding of a truth, while in other contexts, it is broader and includes less complete levels of understanding as well. But for Plato, all knowledge, properly speaking, is a priori knowledge of necessary truths (...) – based on recollection of aspects of the Forms – and so in contemporary terms, it meets the conditions of “safety” and “adherence” (or “indefeasibility”) to the highest degree. This account is defended on the basis of the text of Meno, Phaedo, and the Republic, against some objections – especially objections that are due to Gail Fine. (shrink)

Rachael Briggs and Daniel Nolan attempt to improve on Nozick’s tracking theory of knowledge by providing a modified, dispositional tracking theory. The dispositional theory, however, faces more problems than those previously noted by John Turri. First, it is not simply that satisfaction of the theory’s conditions is unnecessary for knowledge – it is insufficient as well. Second, in one important respect, the dispositional theory is a step backwards relative to the original tracking (...) class='Hi'>theory: the original but not the dispositional theory can avoid Gettier-style counterexamples. Future attempts to improve the tracking theory would be wise to bear these problems in mind. (shrink)

In this paper, I develop a serious new dilemma involving necessary truths for safety-based theories of knowledge, a dilemma that I argue safety theorists cannot resolve or avoid by relativizing safety to either the subject’s basis or method of belief formation in close worlds or to a set of related or sufficiently similar propositions. I develop this dilemma primarily in conversation with Duncan Pritchard’s well-known, oft-modeled safety-based theories of knowledge. I show that Pritchard’s well-regarded (...) anti-luck virtue theory of knowledge and his recently proposed (allegedly superior) anti-risk virtue theory of knowledge clearly succumb to the dilemma, and so they are inadequate as they stand. If Pritchard’s safety-based theories of knowledge are shown to be inadequate by the dilemma that is developed in this paper, then a number of other safety-based theories of knowledge (e.g., Beddor and Pavese’s, Luper’s, Dutant’s, early Pritchard’s, and others) look to be in jeopardy in this connection as well. (shrink)

The safety condition on knowledge, in the spirit of anti-luck epistemology, has become one of the most popular approaches to the Gettier problem. In the first part of this essay, I intend to show one of the reasons the anti-luck epistemologist presents for thinking that the safety theory, and not the sensitivity theory, offers the proper anti-luck condition on knowledge. In the second part of this essay, I intend to show that the anti-luck epistemologist (...) does not succeed, because the safety theory fails to capture a necessary requirement for the possession of knowledge. I will attack safety on two fronts. First, I will raise doubts about whether there is any principled safety condition capable of handling a kind of case, involving inductive knowledge, that it was designed to handle. Second, I will consider two cases in which the safety condition is not met but the protagonist seems to have knowledge nonetheless, and I will vindicate my intuitions for thinking that those are in fact cases of knowledge by contrasting them with traditional, well-known Gettier cases. I want to conclude, finally, that safety failures do not necessarily prevent one from acquiring knowledge. (shrink)

This new edition of the classic Contemporary Theories of Knowledge has been significantly updated to include analyses of the recent literature in epistemology.

Discrimination is a central epistemic capacity but typically, theories of discrimination only use discrimination as a vehicle for analyzing knowledge. This paper aims at developing a self-contained theory of discrimination. Internalist theories of discrimination fail since there is no compelling correlation between discriminatory capacities and experiences. Moreover, statistical reliabilist theories are also flawed. Only a modal theory of discrimination is promising. Versions of sensitivity and adherence that take particular alternatives into account provide necessary and sufficient conditions on (...) discrimination. Safety in contrast is not sufficient for discrimination as there are cases of safety that are clearly instances of discrimination failure. The developed account of discrimination between objects will be extended to discrimination between kinds and between types. (shrink)

Safety-based theories of knowledge face a difficulty surrounding necessary truths: no subject could have easily falsely believed such a proposition. Failing to predict that ill-grounded beliefs in such propositions do not constitute knowledge, standard safety theories are therefore less informative than desired. Some have suggested that the subjects at issue could easily have believed some related false proposition; but they have given no indication as to what makes a proposition related. I suggest a solution to this (...) problem: a belief is safe iff its subject could not easily have believed a false answer to the same question. (shrink)

Written by experienced practitioners this resource for Theory of Knowledge for the IB Diploma offers comprehensive coverage of and support for the new subject guide. Decoding Theory of Knowledge (ToK) is an accessible new resource that explores Areas of Knowledge, Ways of Knowing, Personal and Shared Knowledge, the Knowledge Framework and Knowledge Questions. Written in succinct and clear language, this engaging book decodes ToK concepts and helps students develop their critical thinking skills. (...) The book offers extensive support on the new assessment criteria for the essay and presentation. Features include explanation of key concepts to consolidate knowledge and understanding; real-life situations to engage students; practical activities to develop students' thinking, writing and presentation skills; and top tips to provide further guidance and advice. (shrink)

As the editors of the series, New Literary Theory, proclaim in the preface of the book, the purpose of the series is to make more room in literary theory for playful and accessible approaches to li...

This book aims to synthesize different directions in knowledge studies into a unified theory of knowledge and knowledge processes. It explicates important relations between knowledge and information. It provides the readers with understanding of the essence and structure of knowledge, explicating operations and process that are based on knowledge and vital for society. The book also highlights how the theory of knowledge paves the way for more advanced design and utilization of (...) computers and networks. (shrink)

According to social learning theory, we explored the relation between ethical leadership and knowledge hiding. We developed a moderated mediation model of the psychological safety linking ethical leadership and knowledge hiding. Surveying 436 employees in 78 teams, we found that ethical leadership was negatively related to knowledge hiding, and that this relation was mediated by psychological safety. We further found that the effect of ethical leadership on knowledge hiding was contingent on a mastery (...) climate. Finally, theoretical and practical implications were discussed for leadership and knowledge management. (shrink)

In this impressive second edition of Theory of Knowledge, Keith Lehrer introduces students to the major traditional and contemporary accounts of knowing. Beginning with the traditional definition of knowledge as justified true belief, Lehrer explores the truth, belief, and justification conditions on the way to a thorough examination of foundation theories of knowledge,the work of Platinga, externalism and naturalized epistemologies, internalism and modern coherence theories, contextualism, and recent reliabilist and causal theories. Lehrer gives all views careful (...) examination and concludes that external factors must be matched by appropriate internal factors to yield knowledge. This match of internal and external factors follows from Lehrer’s new coherence theory of undefeated justification. In addition to doing justice to the living epistemological traditions, the text smoothly integrates several new lines that will interest scholars. Also, a feature of special interest is Lehrer’s concept of a justification game.This second edition of Theory of Knowledge is a thoroughly revised and updated version that contains several completely new chapters. Written by a well-known scholar and contributor to modern epistemology, this text is distinguished by clarity of structure, accessible writing, and an elegant mix of traditional material, contemporary ideas, and well-motivated innovation. (shrink)

In this important new text, Keith Lehrer introduces students to the major traditional and contemporary accounts of knowing. Beginning with the accepted definition of knowledge as justified true belief, Lehrer explores the truth, belief and justification conditions on the way to a thorough examination of foundation theories of knowledge, externalism and naturalized epistemologies, internalism and modern coherence theories as well as recent reliabilist and causal theories. Lehrer gives all views careful examination and concludes that external factors must be (...) matched by appropriate internal ones to yield knowledge. Readers of Professor Lehrer's earlier book _Knowledge_ will want to know that this text adopts the framework of that classic text. But _Theory of Knowledge_ is a completely rewritten and updated version of that book that has been simplified throughout for student use. (shrink)

In this important new text, Keith Lehrer introduces students to the major traditional and contemporary accounts of knowing. Beginning with the accepted definition of knowledge as justified true belief, Lehrer explores the truth, belief and justification conditions on the way to a thorough examination of foundation theories of knowledge, externalism and naturalized epistemologies, internalism and modern coherence theories as well as recent reliabilist and causal theories. Lehrer gives all views careful examination and concludes that external factors must be (...) matched by appropriate internal ones to yield knowledge. Readers of Professor Lehrer's earlier book _Knowledge_ will want to know that this text adopts the framework of that classic text. But _Theory of Knowledge_ is a completely rewritten and updated version of that book that has been simplified throughout for student use. (shrink)

In this important new text, Keith Lehrer introduces students to the major traditional and contemporary accounts of knowing. Beginning with the accepted definition of knowledge as justified true belief, Lehrer explores the truth, belief and justification conditions on the way to a thorough examination of foundation theories of knowledge, externalism and naturalized epistemologies, internalism and modern coherence theories as well as recent reliabilist and causal theories. Lehrer gives all views careful examination and concludes that external factors must be (...) matched by appropriate internal ones to yield knowledge. Readers of Professor Lehrer's earlier book _Knowledge_ will want to know that this text adopts the framework of that classic text. But _Theory of Knowledge_ is a completely rewritten and updated version of that book that has been simplified throughout for student use. (shrink)

First published in 1984 as part of The Collected Papers of Bertrand Russell, Theory of Knowledge represents an important addition to our knowledge of Russell's thought. In this work Russell attempts to flesh out the sketch implicit in The Problems of Philosophy. It was conceived by Russell as his next major project after Principia Mathematica and was intended to provide the epistemological foundations for his work. Russell's subsequent difficulties in presenting his theory of knowledge, brought (...) on by what he considered to be devastating criticisms of Wittgenstein, led to both his abandonment of this work and to a major transformation in his thought. Theory of Knowledge, now available for the first time in paperback, gives us a picture of one of the great minds of the twentieth century at work. It is possible to see the unsolved problems left without disguise or evasion. This second edition has retained the full scholarly introduction. The photographs of the manuscript, appendices, and notes on textual matters have been eliminated to provide a concise and accessible guide to understanding both Russell's own thought and his relationship with Wittgenstein. (shrink)

First published in 1984 as part of The Collected Papers of Bertrand Russell , Theory of Knowledge represents an important addition to our knowledge of Russell's thought. In this work Russell attempts to flesh out the sketch implicit in The Problems of Philosophy . It was conceived by Russell as his next major project after Principia Mathematica and was intended to provide the epistemological foundations for his work. Russell's subsequent difficulties in presenting his theory of (...) class='Hi'>knowledge, brought on by what he considered to be devastating criticisms of Wittgenstein, led to both his abandonment of this work and to a major transformation in his thought. Theory of Knowledge , now available for the first time in paperback, gives us a picture of one of the great minds of the twentieth century at work. It is possible to see the unsolved problems left without disguise or evasion. This second edition has retained the full scholarly introduction. The photographs of the manuscript, appendices, and notes on textual matters have been eliminated to provide a concise and accessible guide to understanding both Russell's own thought and his relationship with Wittgenstein. (shrink)

The aim of this book is the analysis of Kazimierz Ajdukiewicz's meta-epistemological project of the semantic theory of knowledge and its implementations to solve certain traditional epistemological problems and their metaphysical consequences. This project claims that cognitive problems need to be approached from the perspective of language. One of the results of this analysis is the thesis that the philosophical-linguistic legitimisation for the meta-epistemological project is the philosophy of Edmund Husserl from his Logical Investigations. This is the philosophy (...) that makes it possible to speak reasonably of a close relation between thinking and language and provides thereby the legitimisation for this project. (shrink)

The Nyãya philosophy is primarily concerned with the conditions of valid thought and the means of acquiring true knowledge of objects. Its ultimate end, like that of the other systems of Indian philosophy, is liberation-a state of pure existence- which is free from both pleasure and pain. For the attainment of this liberation, a true knowledge of objects is the surest means. Hence the theory of knowledge is the very foundation of the Nyãya system. The Nyãya (...) Theory of Knowledge is the first systematic, critical and comparative treatment of the Nyãya epistemology. It reveals how, as a thorough-going realistic view of the universe, the Nyãya philosophy supplies an important Eastern parallel to the triumphant modern Realism of the West, and contains anticipations of as well as possible alternatives to many contemporary realistic theories. This book is important as much for the correct understanding of ancient Indian philosophy, as for the evaluation of modern Western philosophy. (shrink)

The Gettier Problem is the problem of revising the view that knowledge is justified true belief in a way that is immune to Gettier counter-examples. The “Gettier Problem problem”, according to Lycan, is the problem of saying what is misguided about trying to solve the Gettier Problem. In this paper I take up the Gettier Problem problem. I distinguish giving conditions that are necessary and sufficient for knowledge from giving conditions that explain why one knows when one does (...) know. I argue that the problem with the Gettier Problem is that it requires us to articulate conditions that suffice for knowledge even if those conditions are non-explanatory. After defending this view, I take up two related methodological issues, one about the evidence that can be given in favor of an account of knowledge, and one about the role that investigating justification might play in investigating knowledge. (shrink)

This article raises problems both for the view that safe belief is necessary for knowledge and for the view that it is sufficient. Focusing on ‘meta‐epistemic beliefs,’ or beliefs about the epistemic status of one's own beliefs, it is shown that the necessity claim has counterintuitive implications and that the sufficiency claim implies a contradiction. It is then shown that meta‐epistemic beliefs raise similar problems for a wide range of accounts of knowledge, and hence that they provide a (...) powerful test for theories of knowledge. (shrink)

Social knowledge, for the most part, is knowledge through testimony. This essay is an overview of the epistemology of testimony. The essay separates knowledge from justification, characterizes testimony as a source of belief, explains why testimony is a source of knowledge, canvasses arguments for anti-reductionism and for reductionism in the reductionism vs. anti-reductionism debate, addresses counterexamples to knowledge transmission, defends a safe basis account of testimonial knowledge, and turns to social norms as a partial (...) explanation for the reliability of testimony. (shrink)

The book attempts, in as comprehensive a way as possible, to make clear the central issues for the theory of knowledge, so as to provide a framework for that subject and also to indicate something of the way in which, as the author believes, the issues should be faced.

First published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.

One of the many problems that would have t o be solved by a satisfactory theory of empirical knowledge, perhaps the most central is a general structural problem which I shall call the epistemic regress problem: the problem of how to avoid an in- finite and presumably vicious regress of justification in ones account of the justifica- tion of empirical beliefs. Foundationalist theories of empirical knowledge, as we shall see further below, attempt t o avoid the regress (...) by locating a class of empirical beliefs whose justification does not depend on that of other empirical beliefs. Extemalist theories, the topic of the present paper, represent one species of foundationalism. (shrink)

Theories of knowledge as credit for true belief, or as cognitive achievement, have to face the following objection: in the famous Barn façades case, it seems that the truth of Barney's belief that he is in front of a barn is to be explained by the correct functioning of his cognitive capacities, although we are reluctant to say that he knows he is in front of a barn. Duncan Pritchard concludes from this that a safety clause, irreducible to (...) the conditions a true belief must satisfy in order to be credited to the believer, constitutes a necessary condition of knowledge. Because those who define knowledge as a cognitive achievement have not convincingly answered this objection, I intend, in the first section of this paper, to refute it by showing how practical and doxastic achievements differ. Then I defend the idea that we should also distinguish two kinds of environmental epistemic luck, and, correlatively, two kinds of safety, that are not equally incompatible with knowledge. Finally, I argue that this distinction is inevitably vague and I indicate some consequences of this vagueness for our knowledge‐intuitions. (shrink)

This book reports on the results of the third edition of the premier conference in the field of philosophy of artificial intelligence, PT-AI 2017, held on November 4 - 5, 2017 at the University of Leeds, UK. It covers: advanced knowledge on key AI concepts, including complexity, computation, creativity, embodiment, representation and superintelligence; cutting-edge ethical issues, such as the AI impact on human dignity and society, responsibilities and rights of machines, as well as AI threats to humanity and AI (...) safety; and cutting-edge developments in techniques to achieve AI, including machine learning, neural networks, dynamical systems. The book also discusses important applications of AI, including big data analytics, expert systems, cognitive architectures, and robotics. It offers a timely, yet very comprehensive snapshot of what is going on in the field of AI, especially at the interfaces between philosophy, cognitive science, ethics and computing. (shrink)

Having entered into the problem structuring methods, system dynamics (SD) is an approach, among systems’ methodologies, which claims to recognize the main structures of socio-economic behaviors. However, the concern for building or discovering strong philosophical underpinnings of SD, undoubtedly playing an important role in the modeling process, is a long-standing issue, in a way that there is a considerable debate about the assumptions or the philosophical foundations of it. In this paper, with a new perspective, we have explored theory (...) of knowledge in SD models and found strange similarities between classic epistemological concepts such as justification and truth, and the mechanism of obtaining knowledge in SD models. In this regard, we have discussed related theories of epistemology and based on this analysis, have suggested some implications for moderating common problems in the modeling process of SD. Furthermore, this research could be considered a reword of system dynamics modeling principles in terms of theory of knowledge. (shrink)

As teorias epistemológicas do rastreamento sustentam que o conhecimento é uma relação real entre o agente cognitivo e seu ambiente. Os estados cognitivos de um agente epistêmico fazem o rastreamento da verdade das proposições que são objeto de conhecimento ao embasarem a crença em indicadores confiáveis da verdade (evidência, razões, ou métodos de formação de crença). A novidade nessa abordagem é que se dá pouca ênfase no tipo de justificação epistêmica voltada ao fornecimento de procedimentos de decisão doxástica ou regras (...) de responsabilidade epistêmica. Este artigo oferece um pouco da história das teorias de rastreamento e, então, defende-as contra muitas objeções que se pretendem (equivocadamente) refutadoras dessas teorias. PALAVRAS – CHAVE – Teorias de rastreamento. Nozick. Dretske. Conhecimento. ABSTRACT Tracking theories of knowledge maintain that knowledge is a real relation between cognitive agent and environment. Cognitive states of a knower track the truth of known propositions by basing belief on reliable indicators of truth (evidence, reasons, or belief forming methods). The novelty of this approach is that it places little emphasis on epistemic justification of a kind that aims at guiding epistemic agents by giving doxastic decision procedures or rules of epistemic responsibility. This paper gives some of the history of tracking theories, and then defends them against many of the objections most often judged (mistakenly) to refute tracking theories. KEY WORDS – Tracking theories. Nozick. Dretske. Knowledge. (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)

The book expounds most of the doctrines that would later be identified with the classical period of the Vienna Circle.

This comprehensive and accessible book is designed for use by students following the Theory of Knowledge course in the International Baccalaureate (IB) Diploma Programme. The book is also useful for students following other critical thinking courses. The fundamental question in Theory of Knowledge is 'How do you know? In exploring this question, the author encourages critical thinking across a range of subject areas and helps students to ask relevant questions, use language with care and precision, support (...) ideas with evidence, argue coherently and make sound judgements. All chapters include the following features: - preliminary quotations to prompt critical thinking - questions and exercises to encourage students to actively engage with the material - reading resources to explore some of the topics in greater depth - illustrations to support the text Richard van de Lagemaat has more than 20 years' experience in international education. (shrink)

Contextualist theories of knowledge offer a semantic hypothesis to explain the observed contextual variation in what people say they know, and the difficulty people have resolving skeptical paradoxes. Subject or speaker relative versions make the truth conditions of “S knows that p” depend on the standards of either the knower’s context (Hawthorne and Stanley) or those of the speaker’s context (Cohen and DeRose). Speaker contextualism avoids objections to subject contextualism, but is implausible in light of evidence that “know” does (...) not behave like an indexical. I deepen and extend these criticisms in light of recent defenses by contextualists (including Ludlow). Another difficulty is that whether certain standards are salient or intended does not entail that they are the proper standards. A normative form of contextualism on which the truth of a knowledge claim depends on the proper standards for the context is more promising, but still unsatisfactory whether the view is speaker or subject relative. I defend alternative explanations for the observed linguistic and psychological data: a pragmatic account for some cases and a cognitive account for others. 1. (shrink)

This book is an accessible introduction to contemporary epistemology, the theory of knowledge. It introduces traditional topics in epistemology within the context of contemporary debates about the definition, sources, and limits of human knowledge. Rich in examples and written in an engaging style, it explains the field while avoiding technical detail. It relates epistemology to work in cognitive science and defends a plausible version of explanationism regarding epistemological method.

_Theory of Knowledge_ gives us a picture of one of the great minds of the twentieth century at work. It is possible to see the unsolved problems left without disguise or evasion. Historically, it is invaluable to our understanding of both Russell's own thought and his relationship with Wittgenstein.

_Theory of Knowledge_ gives us a picture of one of the great minds of the twentieth century at work. It is possible to see the unsolved problems left without disguise or evasion. Historically, it is invaluable to our understanding of both Russell's own thought and his relationship with Wittgenstein.