The authors describe a logic programming approach to the representation of legislative texts. They consider the potential uses of simple systems which incorporate a single, fixed interpretation of a text. These include assisting in the routine administration of complex areas of the law. The authors also consider the possibility of constructing more complex systems which incorporate several, possibly conflicting interpretations. Such systems are needed for dealing with ambiguity and vagueness in the law. Moreover, they are more suitable than single interpretation (...) systems for helping to test proposed legislation and for helping to give citizens advice. (shrink)

The action language C+ of Giunchiglia, Lee, Lifschitz, McCain and Turner is a high-level, logical formalism for the representation of domains involving action and change. However, one cannot directly express relationships which hold between states more than one time-step distant, or even say that one action determines another at the next time. We present C+timed, a generalization of C+ which removes these limitations. As for C+, translations to the language of causal theories are given. We also define a new kind (...) of transition system called a ‘run system’ to provide a graphical semantics. Finally, we show how domains involving prohibition and permission can be modelled, by incorporating the ideas of another extension of C+. (shrink)

This paper studies some normative relations that hold between actions, their preconditions and their effects, with particular attention to connecting what are often called ‘ought to be’ norms with ‘ought to do’ norms. We use a formal model based on a form of transition system called a ‘coloured labelled transition system’ (coloured LTS) introduced in a series of papers by Sergot and Craven. Those works have variously presented a formalism (an ‘action language’) nC+ for defining and computing with a (...) (coloured) LTS, and another, separate formalism, a modal language interpreted on a (coloured) LTS used to express its properties. We consolidate these two strands. Instead of specifying the obligatory and prohibited states and transitions as part of the construction of a coloured LTS as in nC+, we represent norms in the modal language and use those to construct a coloured LTS from a given regular (uncoloured) one. We also show how connections between norms on states and norms on transitions previously treated as fixed constraints of a coloured LTS can instead be defined within the modal language used for representing norms. (shrink)

The paper tackles the problem of the relation between rights and obligations. Two examples of situations in which such a relation occurs are discussed. One concerns the abortion regulations in Polish law, the other one—a clash between freedom of expression and freedom of enterprise occurring in the context of discrimination. The examples are analysed and formalised using labelled transition systems in the \ framework. Rights are introduced to the system as procedures allowing for their fulfilment. Obligations are based on the (...) requirement of cooperation in the realisation of the goals of the agent that has a right. If the right of an agent cannot be fulfilled without an action of another agent, then that action is obligatory for that agent. If there are many potential contributors who are individually allowed to refuse, then the last of them is obliged to help when all the others have already refused. By means of formalisation this account of the relation under consideration is precisely expressed and shown consistent. (shrink)

Monomodal logic has exactly two maximally normal logics, which are also the only quasi-normal logics that are Post complete, and they are complete for validity in Kripke frames. Here we show that addition of a propositional constant to monomodal logic allows the construction of continuum many maximally normal logics that are not valid in any Kripke frame, or even in any complete modal algebra. We also construct continuum many quasi-normal Post complete logics that are not normal. The set of extensions (...) of S4.3 is radically altered by the addition of a constant: we use it to construct continuum many such normal extensions of S4.3, and continuum many non-normal ones, none of which have the finite model property. But for logics with weakly transitive frames there are only eight maximally normal ones, of which five extend K4 and three extend S4. (shrink)

Monomodal logic has exactly two maximally normal logics, which are also the only quasi-normal logics that are Post complete, and they are complete for validity in Kripke frames. Here we show that addition of a propositional constant to monomodal logic allows the construction of continuum many maximally normal logics that are not valid in any Kripke frame, or even in any complete modal algebra. We also construct continuum many quasi-normal Post complete logics that are not normal. The set of extensions (...) of S4.3 is radically altered by the addition of a constant: we use it to construct continuum many such normal extensions of S4.3, and continuum many non-normal ones, none of which have the finite model property. But for logics with weakly transitive frames there are only eight maximally normal ones, of which five extend K4 and three extend S4. (shrink)

One of the best known approaches to the logic of agency are the ‘stit’ logics. Often, it is not the actions of an individual agent that bring about a certain outcome but the joint actions of a set of agents, collectively. Collective agency has received comparatively little attention in ‘stit’. The paper maps out several different forms, several different senses in which a particular set of agents, collectively, can be said to bring about a certain outcome, and examines how these (...) forms can be expressed in ‘stit’ and stit-like logics. The outcome that is brought about may be unintentional, and perhaps even accidental; the account deliberately ignores aspects such as joint intention, communication between agents, awareness of other agents’ intentions and capabilities, even the awareness of another agent’s existence. The aim is to investigate what can be said about collective agency when all such considerations are ignored, besides mere consequences of joint actions. The account will be related to the ‘strictly stit’ of Belnap and Perloff, 25–48 1993) and their suggestions concerning ‘inessential members’ and ‘mere bystanders’. We will adjust some of those conjectures and distinguish further between ‘potentially contributing bystanders’ and ‘impotent bystanders’. (shrink)

We extend the monotonic and regular modal logics to the multi-modal cue, and give semantical characterization w.r.t. a semantics of minimal frames. For this we introduce a calculus over neighbourhoods and we obtain simpler conditions than those from the literature.

We investigate an extension of the formalism of interpreted systems by Halpern and colleagues to model the correct behaviour of agents. The semantical model allows for the representation and reasoning about states of correct and incorrect functioning behaviour of the agents, and of the system as a whole. We axiomatise this semantic class by mapping it into a suitable class of Kripke models. The resulting logic, KD45n i-j, is a stronger version of KD, the system often referred to as Standard (...) Deontic Logic. We extend this formal framework to include the standard epistemic notions defined on interpreted systems, and introduce a new doubly-indexed operator representing the knowledge that an agent would have if it operates under the assumption that a group of agents is functioning correctly. We discuss these issues both theoretically and in terms of applications, and present further directions of work. (shrink)

We investigate an extension of the formalism of interpreted systems by Halpern and colleagues to model the correct behaviour of agents. The semantical model allows for the representation and reasoning about states of correct and incorrect functioning behaviour of the agents, and of the system as a whole. We axiomatise this semantic class by mapping it into a suitable class of Kripke models. The resulting logic, KD45ni-j, is a stronger version of KD, the system often referred to as Standard Deontic (...) Logic. We extend this formal framework to include the standard epistemic notions defined on interpreted systems, and introduce a new doubly-indexed operator representing the knowledge that an agent would have if it operates under the assumption that a group of agents is functioning correctly. We discuss these issues both theoretically and in terms of applications, and present further directions of work. (shrink)

We investigate under what conditions contrary-to-duty (CTD) structures lacking temporal and action elements can be given a coherent reading. We argue, contrary to some recent proposals, that CTD is not an instance of defeasible reasoning, and that methods of nonmonotonic logics are inadequate since they are unable to distinguish between defeasibility and violation of primary obligations. We propose a semantic framework based on the idea that primary and CTD obligations are obligations of different kinds: a CTD obligation pertains to, or (...) pre-supposes, a certain context in which a primary obligation is already violated. This framework is presented initially as an extension of Standard Deontic Logic (SDL), a normal modal logic of type KD, and is illustrated by application to a series of examples. The concluding section is concerned with some resemblances between CTD and defeasible reasoning. We show first that the SDL-based framework contains a flaw and must be adjusted. A discussion of possible adjustments, including an alternative treatment in terms of a preference-based semantics, reveals difficulties that are reminiscent of problems in defeasible reasoning and intensional accounts of defeasible conditionals. (shrink)

The paper outlines ongoing research on logic-based tools for the analysis and representation of legal contracts, of the kind frequently encountered in large-scale engineering projects and complex, long-term trading agreements. We consider both contract formation and contract performance, in each case identifying the representational issues and the prospects for providing automated support tools.

This paper formalizes part of the cognitive architecture that Kant develops in the Critique of Pure Reason. The central Kantian notion that we formalize is the rule. As we interpret Kant, a rule is not a declarative conditional stating what would be true if such and such conditions hold. Rather, a Kantian rule is a general procedure, represented by a conditional imperative or permissive, indicating which acts must or may be performed, given certain acts that are already being performed. These (...) acts are not propositions; they do not have truth-values. Our formalization is related to the input/ output logics, a family of logics designed to capture relations between elements that need not have truth-values. In this paper, we introduce KL3 as a formalization of Kant’s conception of rules as conditional imperatives and permissives. We explain how it differs from standard input/output logics, geometric logic, and first-order logic, as well as how it translates natural language sentences not well captured by first-order logic. Finally, we show how the various distinctions in Kant’s much-maligned Table of Judgements emerge as the most natural way of dividing up the various types and sub-types of rule in KL3. Our analysis sheds new light on the way in which normative notions play a fundamental role in the conception of logic at the heart of Kant’s theoretical philosophy. (shrink)

Multi-agent systems where the agents are developed by parties with competing interests, and where there is no access to an agent’s internal state, are often classified as ‘open’. The members of such systems may inadvertently fail to, or even deliberately choose not to, conform to the system specification. Consequently, it is necessary to specify the normative relations that may exist between the members, such as permission, obligation, and institutional power. We present a framework being developed for executable specification of open (...) multi-agent systems. We adopt a bird’s eye view of these systems, as opposed to an agent’s perspective whereby it reasons about how it should act. This paper is devoted to the presentation of various examples from the NetBill protocol formalised in terms of institutional power, permission and obligation. We express the system specification in the Event Calculus and execute the specification by means of a logic programming implementation. We also give several example formalisations of sanctions for dealing with violations of permissions and obligations. We distinguish between an open multi-agent system and the procedure by which an agent enters and leaves the system. We present examples from the specification of a role-management protocol for NetBill, and demonstrate the interplay between such a protocol and the corresponding multi-agent system. (shrink)

There seems to be no clear consensus in the existing literature about the role of deontic logic in legal knowledge representation — in large part, we argue, because of an apparent misunderstanding of what deontic logic is, and a misplaced preoccupation with the surface formulation of legislative texts. Our aim in this paper is to indicate, first, which aspects of legal reasoning are addressed by deontic logic, and then to sketch out the beginnings of a methodology for its use in (...) the analysis and representation of law.The essential point for which we argue is that deontic logic — in some form or other —needs to be taken seriously whenever it is necessary to make explicit, and then reason about, the distinction between what ought to be the case and what is the case, or as we also say, between the ideal and the actual. We take the library regulations at Imperial College as the main illustration, and small examples from genuinely legal domains to introduce specific points. In conclusion, we touch on the role of deontic logic in the development of the theory of normative positions. (shrink)

Public education is not just a way to organise and fund education. It is also the expression of a particular ideal about education and of a particular way to conceive of the relationship between education and society. The ideal of public education sees education as an important dimension of the common good and as an important institution in securing the common good. The common good is never what individuals or particular groups want or desire, but always reaches beyond such particular (...) desires towards that which societies as a whole should consider as desirable. This does, of course, put the common good in tension with the desires of individuals and groups. Neo-liberal modes of governance have, over the past decades, put this particular educational set up under pressure and have, according to some, eroded the very idea of the common good. This set of contributions reflects on this state of affairs, partly through an exploration of the idea of publicness itself – how it can be rearticulated and regained – and partly through reflections on the current state of education in the ‘north’ and the ‘south.’. (shrink)

Children’s literature provides a critical method of socialization and familiarization with gender roles, providing examples, boundaries, and limitations for gender identity construction. While extensive research has been done on how children’s literature depicts both traditional and non-traditional gender roles, very little research has been published on the cultural differences between literary representations. The aim of the present paper is to describe the representations of social roles of men and women in American, Czech, and Spanish children’s books published between 2010 and (...) 2020. Three best-selling children’s picture books from each year from each respective culture were selected and analyzed, culminating in a thematic analysis of ninety-nine books. Using inductive thematic analysis, the study found all three cultures to be conservative in their depictions of gender roles, with Czech books as the most likely to feature traditional gender roles. Spanish books are more, and American books are the most subversive in their depiction of gender roles, containing an increasing number of non-traditional elements over an examined time period. (shrink)

Alan Robinson This set of essays pays tribute to Bob Kowalski on his 60th birthday, an anniversary which gives his friends and colleagues an excuse to celebrate his career as an original thinker, a charismatic communicator, and a forceful intellectual leader. The logic programming community hereby and herein conveys its respect and thanks to him for his pivotal role in creating and fostering the conceptual paradigm which is its raison d’Œtre. The diversity of interests covered here reflects the variety (...) of Bob’s concerns. Read on. It is an intellectual feast. Before you begin, permit me to send him a brief personal, but public, message: Bob, how right you were, and how wrong I was. I should explain. When Bob arrived in Edinburgh in 1967 resolution was as yet fairly new, having taken several years to become at all widely known. Research groups to investigate various aspects of resolution sprang up at several institutions, the one organized by Bernard Meltzer at Edinburgh University being among the first. For the half-dozen years that Bob was a leading member of Bernard’s group, I was a frequent visitor to it, and I saw a lot of him. We had many discussions about logic, computation, and language. (shrink)

In this paper, we present an informal introduction to Logical English and illustrate its use to standardise the legal wording of the Automatic Early Termination clauses of International Swaps and Derivatives Association Agreements. LE can be viewed both as an alternative to conventional legal English for expressing legal documents, and as an alternative to conventional computer languages for automating legal documents. LE is a controlled natural language, which is designed both to be computer-executable and to be readable by English speakers (...) without special training. The basic form of LE is syntactic sugar for logic programs, in which all sentences have the same standard form, either as rules of the form conclusion if conditions or as unconditional sentences of the form conclusion. However, LE extends normal logic programming by introducing features that are present in other computer languages and other logics. These features include typed variables signalled by common nouns, and existentially quantified variables in the conclusions of sentences signalled by indefinite articles. Although LE translates naturally into a logic programming language such as Prolog or ASP, it can also serve as a neutral standard, which can be compiled into other lower-level computer languages. (shrink)

What is the future of Philosophy of education? Or as many of scholars and thinkers in this final ‘future-focused’ collective piece from the philosophy of education in a new key Series put it, what are the futures—plural and multiple—of the intersections of ‘philosophy’ and ‘education?’ What is ‘Philosophy’; and what is ‘Education’, and what role may ‘enquiry’ play? Is the future of education and philosophy embracing—or at least taking seriously—and thinking with Indigenous ethicoontoepistemologies? And, perhaps most importantly, what is that (...) ‘Future’? These debates have been located in the work of diverse scholars: from the West, from Global South, from indigenous thinkers. In this collective piece, we purposefully juxtapose diverse takes on the future of these intersections. We have given up the urge to organise, place together, separate with subheadings or connect the paragraphs that follow. Instead, we let these philosophers of education and thinkers who use philosophical texts and ideas to sit together in one long read as potentially ‘strange and unusual bedfellows’. This text urges us to understand how these scholars and thinkers perceive our educational philosophical futures, and how the work and thinking they have done on thinking about what the future of that new key in philosophy of education may look like is embedded in a much deeper and richer literature, and personal experience. (shrink)

In this paper we explore the thesis that the role of argumentation in practical reasoning in general and legal reasoning in particular is to justify the use of defeasible rules to derive a conclusion in preference to the use of other defeasible rules to derive a conflicting conclusion. The defeasibility of rules is expressed by means of non-provability claims as additional conditions of the rules.We outline an abstract approach to defeasible reasoning and argumentation which includes many existing formalisms, including default (...) logic, extended logic programming, non-monotonic modal logic and auto-epistemic logic, as special cases. We show, in particular, that the admissibility semantics for all these formalisms has a natural argumentation-theoretic interpretation and proof procedure, which seem to correspond well with informal argumentation. (shrink)

In this paper, we argue that several recent ‘wide’ perspectives on cognition (embodied, embedded, extended, enactive, and distributed) are only partially relevant to the study of cognition. While these wide accounts override traditional methodological individualism, the study of cognition has already progressed beyond these proposed perspectives towards building integrated explanations of the mechanisms involved, including not only internal submechanisms but also interactions with others, groups, cognitive artifacts, and their environment. The claim is substantiated with reference to recent developments in the (...) study of “mindreading” and debates on emotions. We claim that the current practice in cognitive (neuro)science has undergone, in effect, a silent mechanistic revolution, and has turned from initial binary oppositions and abstract proposals towards the integration of wide perspectives with the rest of the cognitive (neuro)sciences. (shrink)

How should a machine intelligence perform unsupervised structure discovery over streams of sensory input? One approach to this problem is to cast it as an apperception task [1]. Here, the task is to construct an explicit interpretable theory that both explains the sensory sequence and also satisfies a set of unity conditions, designed to ensure that the constituents of the theory are connected in a relational structure. However, the original formulation of the apperception task had one fundamental limitation: it assumed (...) the raw sensory input had already been parsed using a set of discrete categories, so that all the system had to do was receive this already-digested symbolic input, and make sense of it. But what if we don't have access to pre-parsed input? What if our sensory sequence is raw unprocessed information? The central contribution of this paper is a neuro-symbolic framework for distilling interpretable theories out of streams of raw, unprocessed sensory experience. First, we extend the definition of the apperception task to include ambiguous (but still symbolic) input: sequences of sets of disjunctions. Next, we use a neural network to map raw sensory input to disjunctive input. Our binary neural network is encoded as a logic program, so the weights of the network and the rules of the theory can be solved jointly as a single SAT problem. This way, we are able to jointly learn how to perceive (mapping raw sensory information to concepts) and apperceive (combining concepts into declarative rules). (shrink)

This paper attempts to answer a central question in unsupervised learning: what does it mean to “make sense” of a sensory sequence? In our formalization, making sense involves constructing a symbolic causal theory that both explains the sensory sequence and also satisfies a set of unity conditions. The unity conditions insist that the constituents of the causal theory – objects, properties, and laws – must be integrated into a coherent whole. On our account, making sense of sensory input is a (...) type of program synthesis, but it is unsupervised program synthesis. Our second contribution is a computer implementation, the Apperception Engine, that was designed to satisfy the above requirements. Our system is able to produce interpretable human-readable causal theories from very small amounts of data, because of the strong inductive bias provided by the unity conditions. A causal theory produced by our system is able to predict future sensor readings, as well as retrodict earlier readings, and impute (fill in the blanks of) missing sensory readings, in any combination. In fact, it is able to do all three tasks simultaneously. We tested the engine in a diverse variety of domains, including cellular automata, rhythms and simple nursery tunes, multi-modal binding problems, occlusion tasks, and sequence induction intelligence tests. In each domain, we test our engine's ability to predict future sensor values, retrodict earlier sensor values, and impute missing sensory data. The Apperception Engine performs well in all these domains, significantly out-performing neural net baselines. We note in particular that in the sequence induction intelligence tests, our system achieved human-level performance. This is notable because our system is not a bespoke system designed specifically to solve intelligence tests, but a general-purpose system that was designed to make sense of any sensory sequence. (shrink)

Formalising deontic concepts, such as obligation, prohibition and permission, is normally carried out in a modal logic with a possible world semantics, in which some worlds are better than others. The main focus in these logics is on inferring logical consequences, for example inferring that the obligation O q is a logical consequence of the obligations O p and O. In this paper we propose a non-modal approach in which obligations are preferred ways of satisfying goals expressed in first-order logic. (...) To say that p is obligatory, but may be violated, resulting in a less than ideal situation s, means that the task is to satisfy the goal p ∨ s, and that models in which p is true are preferred to models in which s is true. Whereas, in modal logic, the preference relation between possible worlds is part of the semantics of the logic, in this non-modal approach, the preference relation between first-order models is external to the logic. Although our main focus is on satisfying goals, we also formulate a notion of logical consequence, which is comparable to the notion of logical consequence in modal deontic logic. In this formalisation, an obligation O p is a logical consequence of goals G, when p is true in all best models of G. We show how this non-modal approach to the treatment of deontic concepts deals with problems of contrary-to-duty obligations and normative conflicts, and argue that the approach is useful for many other applications, including abductive explanations, defeasible reasoning, combinatorial optimisation, and reactive systems of the production system variety. (shrink)

The concept of "terrorism" is problematized and argued to be at one end of a continuum of behavior that can be characterized as "compulsion." This approach to conflict is explained in terms of Transactional Analysis and the inadequacy of compulsion as a means of managing human affairs (politics) is explored in relation to the use of power that it requires, and to the responses it generates. An alternative behavior, based on "turning the other cheek" and Satyagraha (confronting), is advocated in (...) the expectation that it will prove more fruitful in managing conflict and reducing terrorist outrages. (shrink)

Three out of five paradoxes previously identified within international development are considered to be the core challenges to professional practice and congruence. The first, that of fostering autonomy, is considered from the perspective of the role that language plays in maintaining inappropriate donor ascendancy taking the concept of participation as an exemplar. The second, based in determinism and free will, is discussed in terms of the gap between practitioners’ espoused theory and theory-in-use that creates a syndrome of dissonance that undermines (...) practice by elevating the importance of techne above phronesis and exemplified in the practice of planning. The third, where help appears as a threat, is discussed in terms of the moral hazard and the failure to distinguish need from deficiency, linked to humanitarian assistance and development assistance. (shrink)

Development is permeated by paradoxes. These are primarily the result of a confusion of logical types that characterises human communication. When these paradoxes are turned into double binds they have a distinctly disabling impact upon the partners and the processes of development. The two main causes of double binds are an inability to withdraw from the no win choices of paradox, and an interdiction against discussing the existence of the paradox. A number of examples of double binds in development and (...) their causes are discussed and a series of suggestions to improve the practices of development are made. (shrink)

These two volumes collect papers presented at the first joint meeting of the two principal logic programming conferences, held in August of 1988. The more than fifty contributions cover all aspects of the field, including applications (particularly those that exploit the unique character of logic programming), the role of logic programming in artificial intelligence, deductive databases, relations to other computational paradigms, language issues, methodology, implementations on sequential and parallel architectures, and theory.Logic Programming is included in the Logic Programming series Research (...) Reports and Notes, edited by Ehud Shapiro. (shrink)

The paper explores the Epigenic Paradox wherein agents of development are inextricable tangled up in the social systems that they both inhabit and co-create. Furthermore, Paulo Freire had maintained that the oppressed should be self-emancipated, which generates a most perplexing paradox of development; the primacy of the individual agent or the social structure? Thus an individual or agent is momentarily able to act in ways that maintain the social structures or indeed that call their existence into question, but then has (...) been and is subject to the influence of those very social structures. This paradox finds further expression in the concepts of identity, labeling and stigma. The latter two become substantial issues in regard to the impact that the protagonists of development can have on the marginalized. This management of stigma is further complicated by the imposed requirement on the labeled to respond to their situation and to interact with the agents of ‘benevolence’ and yet strive to avoid giving endorsement thereby to the labeling bestowed by those significant others. The link between self-emancipation and the definition of development as the promotion of autonomy and self-determination is discussed. The concept of a ‘developed’ country is becoming synonymous with a ‘democratic’ country, and ‘development’ has been supplanted by ‘democratization’. However, the true paradox of democracy is that a democracy can only be sustained in the face of alternative social configurations by the willingness of individuals to forego their individual interest in favour of the group interest. (shrink)

We investigate a speci c model of knowledge and beliefs and their dynamics. The model is inspired by public announcement logic and the approach to puzzles concerning knowledge using that logic. In the model epistemic considerations are based on ontology. The main notion that constitutes a bridge between these two disciplines is the notion of epistemic capacities. Within the model we study scenarios in which agents can receive false announcements and can have incomplete or improper views about other agent's epistemic (...) capacities. Moreover, we try to express the description of problem speci cation using the tools from applied ontology { RDF format for information and the Protege editor. (shrink)

Building on our diverse research traditions in the study of reasoning, language and communication, the Polish School of Argumentation integrates various disciplines and institutions across Poland in which scholars are dedicated to understanding the phenomenon of the force of argument. Our primary goal is to craft a methodological programme and establish organisational infrastructure: this is the first key step in facilitating and fostering our research movement, which joins people with a common research focus, complementary skills and an enthusiasm to work (...) together. This statement—the Manifesto—lays the foundations for the research programme of the Polish School of Argumentation. (shrink)

Michael Peters, Sonja Arndt & Marek TesarThis is a collective writing experiment of PESA members, including its Executive Committee, asking questions of the Philosophy of Education in a New Key. Co...

The paper is devoted to an analysis of the concept of conversion in relation to the various concepts of faith distinguished by Robert Audi. The first part presents William James’ analysis of the concept of conversion, the biblical roots of the concept of conversion as epistrephō and metanoeō and analyses of conversion in the social sciences. The second part of the paper analyses the various notions of faith proposed in the works of Robert Audi. Finally, in the third (...) part, I analyse how conversion can be understood in relation to the main of the concepts of faith identified by Audi; I also relate the concept of faith to the concept of scientific revolution characterised in Thomas Kuhn’s theory of the development of science. (shrink)

Arthura Kaufmanna filozofia prawa wyrasta przede wszystkim z neokantyzmu aksjologicznego reprezentowanego przez „późnego” Gustava Radbrucha, którego uważał on za najważniejszego ze swych nauczycieli, oraz z hermeneutyki filozoficznej Hansa-Georga Gadamera. W późniejszym okresie znaczący wpływ na Kaufmanna wywarł Charles S. Peirce, którego pracami posiłkował się opracowując problematykę analogii (wiążąc ją z opracowanym przez Pierca zagadnieniem abdukcji) oraz ontologii relacji. Niektóre wątki poglądów Kaufmanna nawiązują do egzystencjalizmu Karla Jaspersa oraz antropologii Karla Löwitha. Obecne są także inspiracje tomistyczne i arystotelesowskie. Jest to filozofia (...) prawa o charakterze maksymalistycznym. Kaufmann wpisuje się w sięgającą starożytności tradycję uprawiania filozofii, w której stawia się pytania o całość; filozofia pyta o to, co to jest "byt w ogóle", byt "w całości"; filozofia prawa stawia pytania o to, co to jest prawo "w całości", prawo "w ogóle" . Podejmuje wprost fundamentalne zagadnienia należące do zasadniczych dziedzin filozoficznych – epistemologiczne, ontologiczne, etyczne, nie stroniąc także od zagadnień z zakresu logiki. Uprawiana przez niego filozofia ma charakter systemowy, co sprawia, że jej zrozumienie zakłada ujęcie całości propozycji. Sam Kaufmann uważa, że systemy filozofii prawa należą już do historii, jednak ta uwaga jest o tyle jedynie trafna w odniesieniu do niego samego, że jego filozofia prawa – w zgodzie z jego deklaracjami – nie zmierza do „gotowych rozwiązań” konkretnych kwestii prawnych, ale zmierza do ukształtowania pewnego sposobu refleksji nad prawem. Jego koncepcja jest ważnym głosem w sporze klasycznego pozytywizmu z koncepcjami niepozytywistycznymi. Za prawo w pełnym tego słowa znaczeniu uznaje konkretne rozstrzygnięcie, co niewątpliwie łączy jego podejście z amerykańskim realizmem prawnym. Rekonstruowana przez Kaufmanna struktura procesu „urzeczywistniania” prawa, dokonywana w kontekście i na użytek kultury prawnej typu kodeksowego, kontynentalnego, uwyraźnia obecność elementów typowych dla kultury prawa precedensowego –wnioskowanie od przypadku do przypadku. Jednocześnie za istotny problem każdego porządku normatywnego uznaje uogólnienie. Jest to znamienny teoretyczny wyraz narastającej świadomości współwystępowania obok siebie zasadniczych elementów każdego z tych typów kultur prawnych. Kaufmann trafnie dostrzega, że w konkretnym rozstrzygnięciu są obecne elementy normatywne wykraczające poza to, co jest zawarte w aktach normatywnych. Podobnie jak Ronald Dworkin, Kaufmann wskazuje, że dokonujący rozstrzygnięcia, czy tego chce, czy nie, „stosuje” szereg elementów normatywnych spoza aktów normatywnych. Analizy prowadzą do wniosku, że propozycja Kaufmanna zawodzi, gdy przechodzi on do ontologicznych uogólnień, przede wszystkim przez brak uwzględnienia w swych podstawach takich punktów odniesienia, które są zewnętrzne wobec badanego procesu „urzeczywistniania” prawa. To, czym jest osoba, determinowane jest systemem prawnym i kulturą, w której prawo funkcjonuje. Przy takim ujęciu Kaufmann nie osiąga jednego z ważnych celów, do którego zmierzał, nie wskazuje kryteriów pozwalających stwierdzić, czy stopniowa – dokonywana zgodnie z odkrytymi przez hermeneutykę filozoficzną wymaganiami poprawnego rozumienia – zmiana normatywnego sensu systemu prawnego zmierza ku „ustawowemu bezprawiu”, czy też nie. (shrink)

Attempting to reconcile a robust sense of human freedom with entrenched Church doctrines, Luis de Molina espoused for the first time a complete formulation of the doctrine of divine middle knowledge. However, it immediately sparked vigorous theological and philosophical debate. The debate has been revived, with Robert Adams as the original leading opponent. Adams’s objection is that the doctrine cannot be true since its (alleged) propositional objects lack the requisite metaphysical grounds for their being true. Breaking with many contemporary (...) Molinists, I offer reasons for rejecting popular counterfactual semantics as a means to assess “conditionals of freedom.” I then discuss an alternative way to assess “conditionals of freedom” inspired by Suárez and revived by Richard Gaskin, anticipate an objection to it and argue that it is not as damaging as it first seems. I conclude that a Molinist can respond to Adams-type objections without relying upon popular semantics. (shrink)