This paper offers a two dimensional variation of Standard Deontic Logic SDL, which we call 2SDL. Using 2SDL we can show that we can overcome many of the difficulties that SDL has in representing linguistic sets of Contrary-to-Duties (known as paradoxes) including the Chisholm, Ross, Good Samaritan and Forrester paradoxes. We note that many dimensional logics have been around since 1947, and so 2SDL could have been presented already in the 1970s. Better late than never! As a detailed case study (...) illustrating the power of 2SDL, we examine the system DL of Deontic Logic of Andrew Jones and Ingmar Pörn offered in 1985 to solve the Chisholm paradox of Contrary to Duties. The critical examination is done using logics and methods available in 1985 and solutions are proposed using what was available in 1985. (shrink)

This paper offers a two dimensional variation of Standard Deontic Logic SDL, which we call 2SDL. Using 2SDL we can show that we can overcome many of the difficulties that SDL has in representing linguistic sets of Contrary-to-Duties (known as paradoxes) including the Chisholm, Ross, Good Samaritan and Forrester paradoxes. We note that many dimensional logics have been around since 1947, and so 2SDL could have been presented already in the 1970s. Better late than never! As a detailed case study (...) illustrating the power of 2SDL, we examine the system DL of Deontic Logic of Andrew Jones and Ingmar Pörn offered in 1985 to solve the Chisholm paradox of Contrary to Duties. The critical examination is done using logics and methods available in 1985 and solutions are proposed using what was available in 1985. (shrink)

Many disabled people face some form of exclusion or discrimination. One of the most damaging, yet pervasive, types of exclusion is sexual exclusion. Various factors hinder sexual opportunities for disabled persons, such as social attitudes around body image, gender, and sexuality. In this paper, I engage with Sheila Jeffreys's paper, “ Disability and the Male Sex Right,” wherein she argues that discourse around sexual rights for disabled people is a veiled way of promoting male dominance over women. Though Jeffreys raises (...) many pertinent issues, she assumes that when a disabled man seeks commercial sex, he does so as an act of domination or violence. I argue that when a disabled man seeks commercial sex, he is seeking the goods of sex, such as connection, intimacy, and pleasure. (shrink)

Schopenhauer and Adorno on Bodily Suffering explores how the works of both philosophers revolve around an entwinement of pessimism and optimism, which links statements regarding the wrongness of the world to analyses of the human capability to experience compassion with bodily suffering and to the redeeming qualities of the arts.

The book follows on the heels of the acclaimed Criticism of Heaven, being the second volume of a five volume series called Criticism of Heaven and Earth.

This article undertakes a dual task. The first is to argue that the various positions of major Marxist thinkers on revolution may be gathered under the common framework of kairós, understood as a resolutely temporal term relating to the critical time, the opportune moment that appears unexpectedly and must be seized. The second task is to question the nature of kairós in terms of its biblical, class and economic residues. An investigation of the use of the term in classical Greece (...) reveals that it refers to both time and place, designating primarily what is in the right time and correct place. Given the class identifications of the Greek writers who deal with kairós and their subtle defences of their propertied, ruling class status, the term becomes problematic in light of these associations that trail behind it. In response, I seek to develop the political implications of the true opposite of kairós, namely ákairos, what is ill-timed and in the wrong place. (shrink)

It is possible to write a Kelsenian ‘Legal-Philosophical Tractate’ – based on Kelsen’s Pure Theory of Law – after the example of Wittgenstein’s Tractatus Logico-Philosophicus. The following main and sub-propositions analogous to the main and sub-propositions of the Tractatus are a proof thereof and give an initial impetus to it: “May others come and do it better”. Unlike Wittgenstein’s Tractatus, that ends with the famous proposition 7 that one should be silent about what cannot be spoken, a Kelsenian Tractate would (...) not end with an analogous main proposition, but with two sub-propositions that show the (relative) value of both ‘the speaking’ and ‘the silence’ of positive law. (shrink)

Religious and secular convictions have powerful effects, but their fundaments are often surprisingly fragile. Because of the conspicuous role that nationalisms, populisms, and fundamentalisms have in our globalizing world it is essential not to take their strength for granted, but to acknowledge that conviction and doubt are part of the same dynamic. The chapters in this volume demonstrate that doubt and hesitation are daily concerns even among the Maoist movement in India, right-wing populists in Europe and newly pious Somali Muslims (...) in London. In fact, new converts are often such stringent believers precisely because they need to dispel their own lingering doubts, while revolutionary movements survive only through the denial of ambiguity. By studying everyday doubt this volume unravels the mechanisms by which convictions gain and lose their force, and analyzes the dynamics that propel loosely held ideas into committed action. Whereas a focus on overcoming doubt highlights the exclusionary effects of committed action, attention to the breakdown of belief serves to better understand the cycles of hope, conviction, and disillusion that bespeak the human condition. This is the central theme in several chapters looking at ideological break-down. The collapse of communism, for instance, produced an epistemological crisis in which all knowledge became unstable, prompting gold-miners in Mongolia to go as far as to doubt the cosmos. The post-ideological environment of Western democracies also produces anxieties, as the break-down of the bonds of trust between governments and citizens results in feelings of betrayal. Questions of truth and action are always related: if nothing is worth fighting for then apathy and hopelessness may become symptomatic. By paying attention to the mechanisms and dynamics by which specific ideas gain and lose their credibility this volume sheds important new light on the role of ideas in social and political action. (shrink)

Hegel is most famous for his view that conflicts between contrary positions are necessarily resolved. Whereas this optimism, inherent in modernity as such, has been challenged from Kierkegaard onward, many critics have misconstrued Hegel's own intentions. Focusing on the Science of Logic, this transformative reading of Hegel on the one hand exposes the immense force of Hegel's conception of tragedy, logic, nature, history, time, language, spirit, politics, and philosophy itself. Drawing out the implications of Hegel's insight into tragic conflicts, on (...) the other hand, De Boer brings into play a form of negativity that allows us to understand why the entanglement of complementary positions always tends to turn into their conflict, but not necessarily into its resolution. (shrink)

INTRODUCTION. 1. THE THEATRE. 1. In olden time the Arabian desert was, as it is at this da)7, the roaming-ground of independent Bedouin tribes. ...

My article investigates the paradoxical dualism in Kelsen’s Pure Theory of Law, in which exists on the one hand a strict distinction and on the other hand a necessary relation between Is and Ought. I shall further try to answer the question whether Kelsen’s pure theory tacitly assumes in the conditions for validity of the positive legal order a basic value and underlying condition, namely, that of ‘social peace’. In order to answer that question, I will first sketch why Kelsen (...) actually differentiates Is and Ought and conceives of a relation between both categories. Then I will examine if and in what way the conditio tacita of social peace is implied in the conditions for legal validity. The concluding section will suggest what this implication possibly means for the valuation of the Pure Theory of Law and of its normative concept of the positive legal order. (shrink)

Confrontatie van enkele varianten van de fenomenologische methode met de ideologie-kritiek, de hermeneutiek en de retoriek.

My response to Gabriele Gava’s Kant’s Critique of Pure Reason and the Method of Metaphysics (2023) focuses on Kant’s conception of the role of critique in the Critique of Pure Reason. On my account, Gava’s emphasis on the constructive elements of the Critique downplays the critique of former metaphysics elaborated in all three parts of the Transcendental Doctrine of Elements. After some comments on Kant’s conception of the Critique as a doctrine of method, I support this view by discussing the (...) relation between transcendental philosophy and transcendental critique, Kant’s analysis of the faculties, and his transcendental deduction of space. (shrink)

Adorno's moral philosophy is famously problematic. One of the main reasons for this is that it revolves around the moral addendum: a physical impulse of solidarity with suffering beings that, he argues, cannot and should not be rationalized. I show that, since this moral addendum remains vague and since Adorno's radical negativity forces him to dismiss as uncritical all other approaches to morality, he deliberately places his thought in danger of relapsing into irrationality. Most commentators therefore disagree about the manner (...) in which Adorno's references to the moral addendum can be translated into a moral theory. In this paper, I bring in some often overlooked material to form a more complete overview of the issues at hand and to adjudicate this contested area. I do this by briefly discussing Schopenhauer's moral observations on Mitleid and by focusing on Adorno's references to animal cruelty and corporeality. Although this interpretation stays close to Adorno's observations on the moral addendum, it forces us to accept that his moral philosophy is rather weak. I conclude, however, that this weakness reflects a disturbing aspect of reality and in that sense has critical value. (shrink)

Does philosophical critique have a future? What are its possibilities, limits, and presuppositions? Bringing together outstanding scholars from various traditions, this collection of essays is the first to examine the forms of critique that have shaped modern and contemporary continental thought. Through critical analyses of key texts by, among others, Spinoza, Kant, Hegel, Marx, Adorno, Habermas, Foucault, and Rancière, it traces the way critique has time and again geared itself towards new cultural, social, and political problems, shedding those of its (...) assumptions no longer deemed tenable. It is our hope that the many voices of critique that arise from the present volume will produce effects – new doubts, new insights, new challenges, or new resources – that none could have achieved on their own. (shrink)

This book not only explicates Stalin's thoughts, but thinks with and especially through Stalin. It argues that Stalin often thought at the intersections between theology and Marxist political philosophy - especially regarding key issues of socialism in power. Careful and sustained attention to Stalin's written texts is the primary approach used. The result is a series of arresting efforts to develop the Marxist tradition in unexpected ways. Starting from a sympathetic attitude toward socialism in power, this book provides us with (...) an extremely insightful interpretation of Stalin's philosophy of socialism. It is not only a successful academic effort to re-articulate Stalin's philosophy, but also a creative effort to understand socialism in power in the context of both the former Soviet Union and contemporary China. ------- Zhang Shuangli, Professor of Marxist philosophy, Fudan University Boer's book, far from both "veneration" and "demonization" of Stalin, throws new light on the classic themes of Marxism and the Communist Movement: language, nation, state, and the stages of constructing post-capitalist society. It is an original book that also pays great attention to the People's Republic of China, arising from the reforms of Deng Xiaoping, and which is valuable to those who, beyond the twentieth century, want to understand the time and the world in which we live. -------Domenico Losurdo, University of Urbino, Italy, author of Stalin: The History and Critique of a Black Legend. (shrink)

This article paradoxically tries to come closer to an idea of justice with the help of the destructive — anything but nihilistic — criticism thereof by Hans Kelsen. It argues that his relativistic approach, in which this idea undergoes a metamorphosis to become a realisable value of a social order, brings us closer to an obvious and objective form of justice that is almost taken for granted. Just in our liberal and plural democracy this approach might prove to be of (...) more value than a transcendental theory that passes speculative judgements on the essence of absolute justice, about which we are unable to come to an agreement. (shrink)

Given the history of the twentieth century, it is understandable that many contemporary philosophers—in the wake of Kierkegaard, Marx, and Nietzsche—have turned against Hegel’s seemingly unbridled optimism. As I will argue in this chapter, however, Hegel’s account of modern civilizations is much less optimistic than his account of the past. Hegel’s hesitation as to the capacity of modernity to resolve its immanent conflicts preeminently emerges in his account of the oppositions between poverty and wealth and between the state and its (...) citizens. In this chapter I will focus on passages from the Essay on Natural Law, the Lectures on the Philosophy of History, and the Philosophy of Right that express this hesitation and, hence, complicate the prevailing view of Hegel’s philosophy of world history. (shrink)

Research into Kelsen’s conception of judicial justice seems at first sight contradictory to his own Pure Theory of Law. Upon closer consideration this prima facie contradiction turns out to be only an appearance due to the paradoxical effect that is produced by Kelsen’s pure theory of law itself. By revealing three paradoxical effects of Kelsen’s work in this article, I try to show that research into a Kelsenian representation of judicial justice is not only possible but also meaningful. The first (...) paradox originates from Kelsen’s formalised and value-free concept of law, which unexpectedly confronts the judge with his moral responsibility for the material valuation of the law. Secondly, a paradox arises from Kelsen’s rationalised notion of relative justice, which in fact forces the judge to be absolutely convinced of the moral rightness of his judgement. The third paradox is a result of Kelsen’s idea of objectivised ‘social peace’, by which the judge just realises the subjective and irrational demands of justice. From my analysis of these three seeming contradictions in Kelsen’s pure theory of law emerges an apparent Kelsenian representation of judicial justice. Starting from his pure theory of law it should be possible to conceive of a ‘pure’ form of administration of law, which would stipulate social peace as a condition for the ‘purity’ of a judicial judgement. I even imagine that Kelsen considered peace as a conditio tacita for the validity of the whole legal order, just as he regarded the basic norm as conditio per quam and effectivity as conditio sine qua non for the validity of the legal order. In any case, according to Kelsen’s conception of judicial justice, social peace proves to be the implicit or tacit condition for a ‘pure’ judgement. With that this ‘pacifying jurisprudence’ can be understood as a surprising paragon of a ‘pure’ administration of justice, on the understanding that peace is not a sufficient but an obvious condition for a just administration of law. That this should also apply mutatis mutandis for Kelsen’s concept of the legal order as a whole will be made subject of further research. (shrink)

Amsterdam University Press is a leading publisher of academic books, journals and textbooks in the Humanities and Social Sciences. Our aim is to make current research available to scholars, students, innovators, and the general public. AUP stands for scholarly excellence, global presence, and engagement with the international academic community.

Hans Kelsen is renowned in the world of legal philosophy as one of the most important legal scholars of the 20th century and his most important work which brought him this renown, Pure Theory of Law, is therefore ‘world famous’. However, he is less well known as a legal pacifist and his main writings on law and peace, such as Peace through Law, are very rarely studied and almost never considered in relation to his Pure Theory of Law. Even the (...) more recent studies of Kelsen’s theory of democracy, which increased familiarity with Kelsen as an advocate of democracy and actually looked at his political work in the light of the Pure Theory of Law, contain almost no systematic or critical consideration of the value of peace, although both Kelsen’s legal theory and his theory of democracy at least give cause for this. Whereas other studies have already made the connection between the concepts of law and democracy in Kelsen’s work, this thesis concentrates on the concepts – also closely connected in his work – of law and peace. With this new approach this thesis hopes to contribute to a re-evaluation of Kelsen’s positivist legal philosophy by showing that the undervalued yet essential aspect of his legal pacifism can be understood as the tacit, ethical meaning of the Pure Theory of Law. (shrink)

although mostly known to specialists nowadays, Kenelm Digby was a remarkable figure on the intellectual scene of the early seventeenth century. He has been described as “one of the most influential natural philosophers” of his time,1 and corresponded with many of the great scholars of his days, including Descartes, and the French pioneer of atomism, Pierre Gassendi. In the later years of his life, Digby, alongside men like Robert Boyle, became one of the founding members of the Royal Society.2Digby authored (...) one major work of philosophy: the Two Treatises of 1644. This work consisted of a long First Treatise on bodies, and a shorter, Second Treatise on the human soul. In the First Treatise, Digby argued... (shrink)

The late 20th century saw great movement in the philosophy of language, often critical of the fathers of the subject-Gottlieb Frege and Bertrand Russell-but sometimes supportive of (or even defensive about) the work of the fathers. Howard Wettstein's sympathies lie with the critics. But he says that they have often misconceived their critical project, treating it in ways that are technically focused and that miss the deeper implications of their revolutionary challenge. Wettstein argues that Wittgenstein-a figure with whom the critics (...) of Frege and Russell are typically unsympathetic-laid the foundation for much of what is really revolutionary in this late 20th century movement. The subject itself should be of great interest, since philosophy of language has functioned as a kind of foundation for much of 20th century philosophy. But in fact it remains a subject for specialists, since the ideas are difficult and the mode of presentation is often fairly technical. In this book, Wettstein brings the non-specialist into the conversation (especially in early chapters); he also reconceives the debate in a way that avoids technical formulation. The Magic Prism is intended for professional philosophers, graduate students, and upper division undergraduates. (shrink)

This is the first detailed study to explore the little-understood notions of "knowing who someone is," "knowing a person's identity," and related locutions. It locates these notions within the context of a general theory of believing and a semantical theory of belief- and knowledge-ascriptions.The books's main contention is that what one knows, when one knows who someone is, is not normally an identity in the numerical sense of "a = b," but rather a certain sort of predication to know who (...) someone is is just to know that that person is F, where "F" is a predicate that is "important," in a technical sense defined by the authors, for the purposes determined by context. Their book offers a rigorous formal semantics for ascriptions of knowing and of knowing-who in particular, solving such well-known problems and paradoxes as Kripke's Puzzle, and Quines difficulties with de re belief, along the way.The authors apply their analysis to each of several important issues in philosophy of language, philosophy of mind, and ethical theory in which the previously unexamined notion of "knowing who" has loomed large-the mechanics of linguistic referring, the foundations of epistemic logic, problems of self-knowledge and self-regarding belief, universalizability and "Golden Rule" arguments in ethics, and moral "personalism" versus "impartialism."Stephen Boër is Professor of Philosophy at the Ohio State University. William Lycan is Professor of Philosophy at the University of North Carolina and author of Logical Form in Natural Language. A Bradford Book. (shrink)

An argument is developed at some length to show that any semantical theory which treats superficially nonperformative sentences as being governed by performative prefaces at some level of underlying structure must either leave those sentences semantically uninterpreted or assign them the wrong truth-conditions. Several possible escapes from this dilemma are examined; it is tentatively concluded that such hypotheses as the Ross-Lakoff-Sadock “Performative Analysis” should be rejected despite their attractions.

Only one year after the global wave of protest movements and revolts—starting with the ‘Arab Spring’, then, subsequently, the Indignados movement and Occupy- our appreciation of such movements turned sour. The aim of this contribution is to question the predominantly sceptical and defeatist discourse on these movements. One element central to many defeatist discourses on the 2011 movements, is the way in which a lack of demonstrable ‘outcomes’ or ‘successes’ is retrospectively ascribed to them. Therefore, an alternative approach should be (...) formulated, which would allow us to recognise the significant or valuable aspects of these movements and their practices, without downplaying them as ‘unsuccessful’ or ‘failures’ altogether. Pierre Rosanvallon’s concept of ‘counter-democracy’ and Hardt and Negri’s perspective of a ‘Multitude’ will be evaluated as alternative approaches to current political movements. Although they are meritorious, both perspectives do not go far enough and need further articulation. The notion of ‘prefiguration’, originally derived from contemporary anarchist discourse, could be beneficial to this endeavour. After defining and deepening this concept from an anarchist perspective, it will be applied to one particular context: the occupation of Tahrir Square in Cairo, during the 2011 revolution in Egypt. As will be concluded, in its application this concept of ‘prefiguration’ could teach us more about the recent wave of protest movements in general, and could help us to formulate a different approach to such movements. (shrink)

In recent years, neuroscience has been a particularly prolific discipline stimulating many innovative treatment approaches in medicine. However, when it comes to the brain, new techniques of intervention do not always meet with a positive public response, in spite of promising therapeutic benefits. The reason for this caution clearly is the brain’s special importance as “organ of the mind”. As such it is widely held to be the origin of mankind’s unique position among living beings. Likewise, on the level of (...) the individual human being, the brain is considered the material substrate of those traits that in combination render each person unique. In view of this preeminent significance of the brain, it is understandable that, in general, interventions into the brain are considered a delicate issue and that new techniques of intervention are scrutinised with particular care. However, in doing so it is important not to go to the opposite extreme and shy away from promising new therapeutic approaches for debilitating disorders of the brain. With respect to the new techniques of brain intervention a broad interdisciplinary perspective is required to discern irrational fear from justified concern. Hence, the Europäische Akademie established a project group consisting, on the one hand, of experts from different fields of medicine who have got first-hand experience of applying the techniques at issue and, on the other hand, of philosophers and a legal expert. The task of this team was to review the state of the art with respect to each single technique of intervening in the brain, to indicate future developments, and to address the ethical and legal issues common to all of them. The project’s outcome is the book at hand. (shrink)

Recent developments in biotechnology allow for the generation of increasingly complex products out of human tissues, for example, human stem cell lines, synthetic embryo-like structures and organoids. These developments are coupled with growing commercial interests. Although commercialisation can spark the scientific and clinical promises, profit-making out of human tissues is ethically contentious and known to raise public concern. The traditional bioethical frames of gift versus market are inapt to capture the resulting practical and ethical complexities. Therefore, we propose an alternative (...) approach to identify, evaluate and deal with the ethical challenges that are raised by the increasing commercialisation of the exchange of sophisticated human tissue products. We use organoid technology, a cutting-edge stem cell technology that enables the cultivation of ‘mini-organs’ in a dish, as an example. First, we examine the moral value of organoids and recognise them as hybrids that relate to persons and their bodies as well as to technologies and markets in ambiguous ways. Second, we show that commercialisation of organoids is legitimised by a detachment of the instrumental and commercial value of organoids from their associations with persons and their bodies. This detachment is enacted in steps of disentanglement, among which consent and commodification. Third, we contend that far-reaching disentanglement is ethically challenging: (1) Societal interests could be put under pressure, because the rationale for commercialising organoid technology, that is, to stimulate biomedical innovation for the good of society, may not be fulfilled; (2) The interests of donors are made subordinate to those of third parties and the relational moral value of organoids may be insufficiently recognised. Fourth, we propose a ‘consent for governance’ model that contributes to responsible innovation and clinical translation in this exciting field. (shrink)

This book is an analysis of the philosophical chapters of the Tattvārthādhigama (TA), a foundational text for the Jaina tradition and the first text that presented the Jaina worldview in a clear and systematic way. The book also includes the first English translation of its oldest commentary, the Tattvārthādhigamabhāṣya (TABh). Focusing on the philosophical sections of the TA and TABh, which deviate from the traditional views and introduce several new concepts for the Jaina tradition, the analysis suggests that the TA (...) and the TABh were written by different authors, and that both texts contain several historical layers. The texts reflect aspects of the concurrent intellectual movements, and the textual analysis includes comparisons with the views of other schools, such as the Nyāya and Vaiśeṣika traditions, and offers an in-depth analysis of the philosophical content of these works. The appendix contains an English translation from the original Sanskrit text of the TA and provides the first English translation of the commentary on these passages from the TABh. Situating the text in the wider history of Indian philosophy, the book offers a better understanding of the role of the Jainas in the history of Indian thought. It will be of interest to those studying Indian philosophy, Indian thought and Asian Religions. (shrink)

This paper shows in detail how the formal semiotic of M. J. Cresswell [6] may be extended to provide an account of indirect question clauses in English. The resulting account is compared at various points with the theory recently propounded by Karttunen [12] and is argued to have two major advantages over the latter in that (i) it accommodates the manifest teleological relativity of ‘who’-clauses, and (ii) it avoids the need for categorial segregation of sentence-taking verbs from wh-clause-taking verbs while (...) offering a uniform explanation of various apparent semantic differences between them. (shrink)