"Conception of Rule of Law from an Idealist Point of View"
|
|
- Katherine Lisa Bell
- 6 years ago
- Views:
Transcription
1 "Conception of Rule of Law from an Idealist Point of View" KABASHIMA, Hiroshi, Prof. Dr. Tohoku University, Sendai/ Japan Contents 1. What is Idealism? Kant: Categorical and Hypothetical Imperative Hegel: Dialectic Overcoming the Dualism Idealist Conception of Rule of Law Concluding Remarks What is Idealism? At the beginning of our consideration about rule of law on hand, I would like to explain what the "idealist point of view" means in the title of my report. "Idealist" means thereby neither the attributive concerned with something ideal, nor the person who prefers to realize his own conception of ideal in the public life. The word "idealist" in adjective and "idealism" in noun is related to the philosophical viewpoint shared by the giant German philosophers from the late 18th to the early 19th century, like as Kant, Fichte, Shelling, Hegel etc. Idealism in this sense is defined in the lexicon: idealism characterizes a mental attitude which, in contrast to positivism and materialism, considers the contents of the spirit as highly ranked in the reality (Idealismus bezeichnet eine Geisteshaltung, die im Gegensatz zu Positivismus und Materialismus den Inhalten des Geistes einen hohen Wirklichkeitsrang zumißt). 1 In current intellectual circumstances where the Anglo-American philosophy is dominant, which consists of the arbitrary combination of pragmatism, realism, materialism, empiricism, positivism etc., the German idealism has lost its reputation, partly because it is based on nothing but the 1 Art. Idealismus, Görres-Gesellschaft, Staatslexikon, 3. Band in 5 Bände, 7., völlig neu bearbeitete Aufl., Freiburg/ Basel/ Wien: Herder, 1987, Sp. 25 ff. 1 / 9
2 metaphysical illusion and fiction of the human mind, partly because it historically drove the NAZI regime to the absurd attempt to bring the delusive German Empire into reality. 2 In my view however, the German idealism is coming from the simple perception of our daily experience that the human first thinks and then acts. For example, we are now discussing rule of law, maybe because the director Prof. Li Lin together with his colleagues thought at first that it is worthy for the international scholars to exchange their ideas about this theme, then they decided to organize this conference, and finally we, the participants who agreed with Prof. Li, have come now to CASS for this purpose. In the series of our action, we can find out a certain regularity of our behaviors that we think at first what is good to do, and then make this idea practiced, namely that the reflection is first and the action is next. It is in this example also clear that our action is not totally determined by wants, desires and pleasures for the first sake of the biological maintenance of human body, whereas the utilitarianism assumes this. 3 In terms of rule of law, the idealist conception would have the insistence that, so far as the legal norm is created by human mental activities of the practical reason, the human action should then observe it. This deductive thinking seems to me an essential basis for the idealist conception of rule of law (in German: Rechtsstaat ). 2. Kant: Categorical and Hypothetical Imperative Immanuel Kant ( ), a representative of the German idealists, tries to justify the legal and moral norm on the ground of the categorical imperative: "Act only according to that maxim whereby you can, at the same time, will that it should become a universal law". 4 This formulation is complicated in comparison with traditional versions of the Golden Rule, whether the Confucian one in the negative form: "What you do not wish for yourself, do not do to others ( 恡攝倌湾 唼桟桝傯 ), 5 or the Christian one in the 2 Cf. criticism of idealism from a positivist point of view: Popper, Sir Karl Raimund: The Poverty of Historicism, London, New York: Routledge, 1991 (first published in 1957). 3 Cf. Hegel, Georg Wilhelm Friedrich: Grundlinien der Philosophie des Rechts oder Naturrecht und Staatswissenschaft im Grundrisse, hrsg. v. Eduard Gans, 8. Bd. der Werke, vollständige Ausgabe, Berlin: Duncker u. Humblot, 1833, S. 171 ( 128). 4 Kant, Immanuel: Grundlegung zur Metaphysik der Sitten, 1785, AA IV, Confucius, Lunyu (Analects) XV / 9
3 positive form: "Do to others as you would have them do to you". 6 I would like to interpret the Kantian conception of the Golden Rule as follows. In living the daily life, the human usually builds up the idea in his mind at first, which he next practices in form of the action. So far as the idea is brought through the mental process of the human reason and intellect, it must appear in a certain tendency and regularity, and not in a total disorder and arbitrariness. The tendency and regularity of the mental process is the formal character of the human reason, independently of whether the idea as such is materially reasonable or not. Therefore, the phrase, thinking first and acting next, means that the human mind firstly legislates his own law to act, that is the law in the formal sense of tendency and regularity in his thinking and acting. Furthermore, his law of action in this formal sense is related to his material confidence that his idea and action is in accordance with the goodness in view to his own standards of moral and justice. In this way, he legislates his "subjective law (das subjektive Recht)", i.e. his right (das Recht). Here could be clearly seen that the Kantian categorical imperative can be analyzed into two components. Firstly, it orders that you, as the legislator for yourself, should make your law of action universal, i.e. not only valid for yourself but rather generally valid for all the others. This order is directed to the mental process of the human reason, and indeed is what the practical reason demands in terms of the material contents of the law of action, while the formal function of the human reason is concerned merely with making the action get regularity regardless of its content. Secondly, the categorical imperative orders that you should act in accordance with your own universal law of action. This order is directed to the physical process of the human body, which should be controlled by the reason. It is this second component of the categorical imperative that makes the pure practical reason in the mental sphere being connected to the real world. Remarkable thereby is that, while the pure reason is totally free from the empirical world, the physical action of the human body is conditioned by the material substance and law of nature. This is one of fundamental reasons why the objective law (das objektive Recht) in the empirical world appears in form of the hypothetical imperative, and not of the categorical one. If the 6 The New Testament, Luke 6: / 9
4 autonomous law of self-legislation were universal and possible to be applied to every case of human actions without exception, the law of my own might harmonize with the law of others. In the empirical world to the contrary, there arises collisions between and struggles for different interests and different rights (das subjektive Recht) so far as the materials, especially the fundamental goods for living, are limited in quantity. Therefore, the objective and positive law of the common world must coordinate and harmonize the different interests and rights among the people, in determining which interest and which right should be treated as prior to another one in a certain condition. It thus appears in the hypothetical formulation like as: "If certain conditions exist, then the party A has right, is guilty" etc. 7 The relation between the categorical and the hypothetical imperative can be seen in the sense that the former provides the foundation and standard to the legal and moral rule within the internal sphere of the free human mind, while the latter provides the condition-result formulation to the objective and positive law in force in the real world. The latter thereby cannot be totally consistent with the former, because the latter is concerned with the physical action of the human body under the conditions of the reality, while the former is created by the pure reason in mind totally free from the real world. In this inconsistency, the question would arise which one should be regarded as prior to the other. The idealist answer would say that, so far as the human first thinks and next acts, the categorical imperative should regulate the hypothetical one. The key word here is the "regulative principle (regulatives Prinzip)" 8 in the sense that the categorical imperative should perform the function in justifying, founding or also criticizing the hypothetical imperative in form of the objective and positive law of action in force. In other words, the intellectual capacity of the human (Vernunft) can open up what the "regulative principle" demands, which is indeed not able to be realized in the material world, but able as a normative compass to guide 7 In the criminal law, the conditions of the crime are called "corpus/ corpora delicti", namely elements of crime, which lead to the result of the punishment. In the private law as well, we can see the legal rule as the condition-result relation. The logical relation between condition and result is named imputation (Zurechnung) by: Kant, I.: Metaphysik der Sitten (Einleitung), 1797, AA VI 227 (Z. 21) (Metaphysics of morality, introduction); see also Kelsen, Hans: Reine Rechtslehre, Nachdruck der 2., vollst. neu bearb. und erw. Aufl. 1960, Wien: Verl. Österreich, 2000, S. 79 ff. (Pure Theory of Law, 2. ed.) 8 Kant, I.: Metaphysik der Sitten (FN 7), AA VI 221 (Z. 12). 4 / 9
5 the law of action in the hypothetical form to the transcendental a priori of goodness. 3. Hegel: Dialectic Overcoming the Dualism G. W. F. Hegel ( ), a great successor of the idealist Kant, is not satisfied with Kant's solution and tries to overcome the Kantian dichotomy between the categorical and the hypothetical imperative and between the regulative principle in the pure practical reason and the positive law in the empirical world. His intellectual enterprise is built up on his original methodology, famous as the dialectic, namely the fundamental assumption that the human experience in the empirical world is essentially based on the interaction between idea and action, mind and body as well as spiritual and material world. Hegel's dialectic thus consists of two elements, i.e. mental activity and physical action. The mental activity at first, which is free from factual necessity of law of nature, reflects on and criticizes the real world for the purpose of breaking through the undesirable status quo and realizing the idea in the future. Practicing this reflection and criticism, the physical action then is taken for purpose of negating the bad parts of reality and eliminating problems, even though conditioned by the necessity of law of nature. In such a way of interaction between mental activity and physical action, ideas are integrated into the material world, that is synthesis. In this sense, we can understand the famous phrase of Hegel: "What is reasonable, is real; and what is real, is reasonable (Was vernünftig ist, das ist wirklich: und was wirklich ist, das ist vernünftig)". 9 In the consideration of the foundation of law, Hegel comes from the assumption that the law in force is often legislated by the powerful member of the society, either who has the political power of violence in form of military and police, or the economical wealth of money in form of landownership and industrial and financial capital, or also both of violence and money. If the presupposition of the empiricism, for example, were right that the human action were determined merely by want, desire and pleasure in the struggle for existence, the law in force would be no other than subjective and arbitrary, because it would be nothing but outcome of human action driven by the biological necessity of the human existence. 10 Hegel does 9 Hegel, G. W. F.: Grundlinien der Philosophie des Rechts (FN 3), S This thinking is originally developed by Niccolo Machiavelli, afterwards by Thomas 5 / 9
6 not agree with this thinking, but is rather concerned with the question how the law can be changed from the subjective and arbitrary one to the objective and reasonable one. He finds out the solution to this question in applying the dynamic methodology of dialectics, namely in the interaction between free will and conditioned desire, spiritual and real world, idea and action, criticism and realism. The interaction of idea and action is thereby oriented to the synthesis of reasonable and, at the same time, positive law in force. In other words, the positive law in force should be founded on the spirit of free will: "The territory of right is in general the spiritual, and its more definite place and origin is the will, which is free. Thus freedom constitutes the substance and essential character of the will, and the system of right (Rechtssystem: legal system) is the kingdom of actualized freedom. It is the world of spirit, which is produced out of itself, and is a second nature. (Der Boden des Rechts ist überhaupt das Geistige, und seine nährere Stelle und Ausgangspunkt der Wille, welcher frei ist, so daß die Freiheit seine Substanz und Bestimmung ausmacht, und das Rechtssystem das Reich der verwirklichten Freiheit, die Welt des Gesites aus ihm selbst hervorgebracht, als eine zweite Natur, ist)." 11 In this framework of Hegelian idealism, I would like to interpret a dialectical version of "rule of law (Rechtsstaat)". In the dimension of common life of humans in form of the ancient polis or also the modern state, not the free will of the individual, but rather the shared collective idea leads the people to the collective action in form of political, social or historical movement in claiming the gradual reform and escalating into the radicalized revolution. It is this collective idea that determines, criticizes and changes the objective and positive law in force. Thereby the objective law (das objektive Recht) applied to the people should be based on the collective idea of goodness and justice, 12 and the state (der Staat) should be the place where the interaction between Hobbes, and fully displayed by Carl Schmitt: Politische Theologie: vier Kapitel zur Lehre von der Souveränität, 6. Aufl. Berlin: Duncker u. Humblot, 1993 (1. Aufl. 1922). 11 Hegel, G. W. F.: Grundlinien der Philosophie des Rechts (FN 3), S. 34, English translation: Hegel's Philosophy of Right, translated by S. W. Dyde, London: George Bell and Sons, 1896, p. 10 f. 12 See also the phrase: "The goodness is the idea,... the realized freedom, and the absolute ultimate purpose of the world (Das Gute ist die Idee,... die realisierte Freiheit, der absolute Endzweck der Welt)", Hegel, G. W. F.: Grundlinien der Philosophie des Rechts (FN 3), S. 171 f. 6 / 9
7 collective idea and collective action should be brought into the synthesis of the individual freedom and the objective law. The state is namely the place where is displayed what is right and what is good through the common usage of collective practical reason, that is dialectics in the sense of dialog or discussion indeed, which makes the people being aware of justice in the traditional sense of harmonizing, balancing, striking the middle etc. Rule of law (Rechtsstaat) then means that the state and its order should be created through continuous interaction between collective idea and collective action, reflection and reform exercised by its members who are able to commonly use their practical reason oriented to the idea of justice. 4. Idealist Conception of Rule of Law With respect to the giants, Kant and Hegel, I would like to clarify my own conception of "rule of law" coming from the basic position of the German idealism seen above. In an idealist conception of "rule of law", the law, firstly, does not simply mean the positive law in the sense of man-made statute or case law precedents, but rather the legal norm valid for the common life of the humans in a society and created by the mental activity of its members. Here does the difference between Kant and Hegel not matter. Kant once thinks that the positive law in force should be set under control of the regulative principle of the pure practical reason as well as the moral order of the categorical imperative, while Hegel insists that the law should be created, reflected and improved through the dialectical interaction between reasoning and practicing. Both would agree, in any way, that the law is the product of the human reason and intellect and that it should also substantially be reasonable, justifiable and legitimate. Secondly, the "rule" in rule of law initially means the relation in the political practice between dominant and obedient groups in the society. The rule in this sense is thereby related to the question how the legal rule should be practiced in the common life of the society members. A common opinion of Kant and Hegel about this question could be identified in their idealist starting point that the practice realizes the idea shared among the people in terms of what is reasonable. Practice is hence reasonable because the human, who first thinks and then acts, has the capacity of intellect in form of the reason (Vernunft), unless he is not merely a wild animal which is totally 7 / 9
8 un-free and bound with the biological necessity of want, desire and pleasure. What "rule of law" means in the combination of rule and law in the sense mentioned above is that the people in the political and social life in the state (Staat) should at first create the legal norm and then practice it, namely the positive law which should be based on the common idea of goodness, fairness and justice shaped through the common usage of their practical reason. This would be an additional and material component of the conception of rule of law, which is traditionally understood once in the narrow sense that social disputes should be settled according to the positive law, and then in the sense of constitutionalism that public policy should be decided and operated according to the statute given by the legislator. An idealist consideration of rule of law would attempt to open up the materially normative dimension of the conception, indeed in terms of the reasonableness, goodness, justifiability and legitimacy which should be included in the positive law in force. By means of this conception of rule of law, we could also build a theoretical and conceptual bridge between legal positivism and natural law theory as well as legal formalism and realism. 5. Concluding Remarks At the end of my report on hand, I would try to apply this idealist conception of rule of law to the current situation of crisis, indeed I mean the territorial struggle for Diaoyu/ Senkaku islands between China including Taiwan and Japan. In this case, the Japanese government insists that the territorial issue should be settled according to the international law. I personally find the position of the Japanese government problematic because it understands the international law merely as the international positive law in form of treaties, agreements, precedents of ICJ and international custom law. In view to the idealist conception of rule of law, it is not enough to give references to the international positive law, but necessary to pay attention to the idealist dimension of international rule of law in terms of the idea of goodness and justice commonly shared by the concerned parties. We thereby should not lose sight of the historical background of the territorial struggle, which is the fact that the disputed islands were connected to the Japanese territory in occasion of the imperialistic invasion of the Japanese military into China during the Sino-Japanese war in 1895, as the Chinese government exactly insists. 8 / 9
9 My personal proposal would say that in this dispute we, the citizens and especially intellectuals in East-Asian region who are capable to collectively use the common practical reason, must seek for an answer to the question what value and what idea we will share and what legal order of our region we will create and practice in the future based on our common value and idea, so as to resolve the territorial dispute according to the common and universal legal rule and then so as to make it possible for us to live together in peace and prosperity according to the rule of law in our region. I mean that the territorial dispute should be resolved in a comprehensive framework of our cooperative task to establish an East-Asia community where we together will first think and then act. I think that this would be a possible resolution proposal about the current disputed issue from an idealist point of view with regard to rule of law. 9 / 9
The Boundaries of Hegel s Criticism of Kant s Concept of the Noumenal
Arthur Kok, Tilburg The Boundaries of Hegel s Criticism of Kant s Concept of the Noumenal Kant conceives of experience as the synthesis of understanding and intuition. Hegel argues that because Kant is
More informationTuesday, September 2, Idealism
Idealism Enlightenment Puzzle How do these fit into a scientific picture of the world? Norms Necessity Universality Mind Idealism The dominant 19th-century response: often today called anti-realism Everything
More informationTo link to this article:
This article was downloaded by: [University of Chicago Library] On: 24 May 2013, At: 08:10 Publisher: Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office:
More informationImportant dates. PSY 3360 / CGS 3325 Historical Perspectives on Psychology Minds and Machines since David Hume ( )
PSY 3360 / CGS 3325 Historical Perspectives on Psychology Minds and Machines since 1600 Dr. Peter Assmann Spring 2018 Important dates Feb 14 Term paper draft due Upload paper to E-Learning https://elearning.utdallas.edu
More informationThought is Being or Thought and Being? Feuerbach and his Criticism of Hegel's Absolute Idealism by Martin Jenkins
Thought is Being or Thought and Being? Feuerbach and his Criticism of Hegel's Absolute Idealism by Martin Jenkins Although he was once an ardent follower of the Philosophy of GWF Hegel, Ludwig Feuerbach
More informationChapter 3 PHILOSOPHICAL ETHICS AND BUSINESS CHAPTER OBJECTIVES. After exploring this chapter, you will be able to:
Chapter 3 PHILOSOPHICAL ETHICS AND BUSINESS MGT604 CHAPTER OBJECTIVES After exploring this chapter, you will be able to: 1. Explain the ethical framework of utilitarianism. 2. Describe how utilitarian
More informationLecture 18: Rationalism
Lecture 18: Rationalism I. INTRODUCTION A. Introduction Descartes notion of innate ideas is consistent with rationalism Rationalism is a view appealing to reason as a source of knowledge or justification.
More informationChapter 2 Reasoning about Ethics
Chapter 2 Reasoning about Ethics TRUE/FALSE 1. The statement "nearly all Americans believe that individual liberty should be respected" is a normative claim. F This is a statement about people's beliefs;
More informationAspects of Western Philosophy Dr. Sreekumar Nellickappilly Department of Humanities and Social Sciences Indian Institute of Technology, Madras
Aspects of Western Philosophy Dr. Sreekumar Nellickappilly Department of Humanities and Social Sciences Indian Institute of Technology, Madras Module - 21 Lecture - 21 Kant Forms of sensibility Categories
More informationMETHODENSTREIT WHY CARL MENGER WAS, AND IS, RIGHT
METHODENSTREIT WHY CARL MENGER WAS, AND IS, RIGHT BY THORSTEN POLLEIT* PRESENTED AT THE SPRING CONFERENCE RESEARCH ON MONEY IN THE ECONOMY (ROME) FRANKFURT, 20 MAY 2011 *FRANKFURT SCHOOL OF FINANCE & MANAGEMENT
More informationSummary of Kant s Groundwork of the Metaphysics of Morals
Summary of Kant s Groundwork of the Metaphysics of Morals Version 1.1 Richard Baron 2 October 2016 1 Contents 1 Introduction 3 1.1 Availability and licence............ 3 2 Definitions of key terms 4 3
More informationKant and his Successors
Kant and his Successors G. J. Mattey Winter, 2011 / Philosophy 151 The Sorry State of Metaphysics Kant s Critique of Pure Reason (1781) was an attempt to put metaphysics on a scientific basis. Metaphysics
More informationCover Page. The handle holds various files of this Leiden University dissertation
Cover Page The handle http://hdl.handle.net/1887/38607 holds various files of this Leiden University dissertation Author: Notermans, Mathijs Title: Recht en vrede bij Hans Kelsen : een herwaardering van
More informationTHE STUDY OF UNKNOWN AND UNKNOWABILITY IN KANT S PHILOSOPHY
THE STUDY OF UNKNOWN AND UNKNOWABILITY IN KANT S PHILOSOPHY Subhankari Pati Research Scholar Pondicherry University, Pondicherry The present aim of this paper is to highlights the shortcomings in Kant
More informationThursday, November 30, 17. Hegel s Idealism
Hegel s Idealism G. W. F. Hegel Hegel Georg Wilhelm Friedrich Hegel (1770-1831) was perhaps the last great philosophical system builder. His distinctively dynamic form of idealism set the stage for other
More informationMoral Argumentation from a Rhetorical Point of View
Chapter 98 Moral Argumentation from a Rhetorical Point of View Lars Leeten Universität Hildesheim Practical thinking is a tricky business. Its aim will never be fulfilled unless influence on practical
More informationConscience and Awareness By Timo Schmitz, Philosopher
Conscience and Awareness By Timo Schmitz, Philosopher Conscience and awareness always played a role in human history, mostly through religion, mythology, fairytales or aphorisms. A new side and especially
More informationTuesday, November 11, Hegel s Idealism
Hegel s Idealism G. W. F. Hegel Hegel Georg Wilhelm Friedrich Hegel (1770-1831) was perhaps the last great philosophical system builder. His distinctively dynamic form of idealism set the stage for other
More informationThe Simultaneity of the Three Principles in the Grundlage der gesamten Wissenschaftslehre Michael Kolkman University of Warwick
The Simultaneity of the Three Principles in the Grundlage der gesamten Wissenschaftslehre Michael Kolkman University of Warwick 1. Introduction The Tathandlung with which the Grundlage der gesamten Wissenschaftslehre
More informationAspects of Western Philosophy Dr. Sreekumar Nellickappilly Department of Humanities and Social Sciences Indian Institute of Technology, Madras
Aspects of Western Philosophy Dr. Sreekumar Nellickappilly Department of Humanities and Social Sciences Indian Institute of Technology, Madras Module - 22 Lecture - 22 Kant The idea of Reason Soul, God
More informationHappiness and Personal Growth: Dial.
TitleKant's Concept of Happiness: Within Author(s) Hirose, Yuzo Happiness and Personal Growth: Dial Citation Philosophy, Psychology, and Compara 43-49 Issue Date 2010-03-31 URL http://hdl.handle.net/2433/143022
More informationABSTRACT of the Habilitation Thesis
ABSTRACT of the Habilitation Thesis The focus on the problem of knowledge was in the very core of my researches even before my Ph.D thesis, therefore the investigation of Kant s philosophy in the process
More informationIn Kant s Conception of Humanity, Joshua Glasgow defends a traditional reading of
Glasgow s Conception of Kantian Humanity Richard Dean ABSTRACT: In Kant s Conception of Humanity, Joshua Glasgow defends a traditional reading of the humanity formulation of the Categorical Imperative.
More informationFIL 4600/10/20: KANT S CRITIQUE AND CRITICAL METAPHYSICS
FIL 4600/10/20: KANT S CRITIQUE AND CRITICAL METAPHYSICS Autumn 2012, University of Oslo Thursdays, 14 16, Georg Morgenstiernes hus 219, Blindern Toni Kannisto t.t.kannisto@ifikk.uio.no SHORT PLAN 1 23/8:
More informationDifficult Normativity
Difficult Normativity Normative Dimensions in Research on Religion and Theology Bearbeitet von Jan-Olav Henriksen 1. Auflage 2011. Taschenbuch. 145 S. Paperback ISBN 978 3 631 61993 3 Format (B x L): 14
More information7/31/2017. Kant and Our Ineradicable Desire to be God
Radical Evil Kant and Our Ineradicable Desire to be God 1 Immanuel Kant (1724-1804) Kant indeed marks the end of the Enlightenment: he brought its most fundamental assumptions concerning the powers of
More informationLecture 6 Workable Ethical Theories I. Based on slides 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley
Lecture 6 Workable Ethical Theories I Participation Quiz Pick an answer between A E at random. What answer (A E) do you think will have been selected most frequently in the previous poll? Recap: Unworkable
More informationOn The Logical Status of Dialectic (*) -Historical Development of the Argument in Japan- Shigeo Nagai Naoki Takato
On The Logical Status of Dialectic (*) -Historical Development of the Argument in Japan- Shigeo Nagai Naoki Takato 1 The term "logic" seems to be used in two different ways. One is in its narrow sense;
More informationTHE CONCEPT OF OWNERSHIP by Lars Bergström
From: Who Owns Our Genes?, Proceedings of an international conference, October 1999, Tallin, Estonia, The Nordic Committee on Bioethics, 2000. THE CONCEPT OF OWNERSHIP by Lars Bergström I shall be mainly
More informationChapter 25. Hegel s Absolute Idealism and the Phenomenology of Spirit
Chapter 25 Hegel s Absolute Idealism and the Phenomenology of Spirit Key Words: Absolute idealism, contradictions, antinomies, Spirit, Absolute, absolute idealism, teleological causality, objective mind,
More informationChapter 24. Georg Wilhelm Friedrich Hegel: The Concepts of Being, Non-being and Becoming
Chapter 24 Georg Wilhelm Friedrich Hegel: The Concepts of Being, Non-being and Becoming Key Words: Romanticism, Geist, Spirit, absolute, immediacy, teleological causality, noumena, dialectical method,
More informationFUNDAMENTAL PRINCIPLES OF THE METAPHYSIC OF MORALS. by Immanuel Kant
FUNDAMENTAL PRINCIPLES OF THE METAPHYSIC OF MORALS SECOND SECTION by Immanuel Kant TRANSITION FROM POPULAR MORAL PHILOSOPHY TO THE METAPHYSIC OF MORALS... This principle, that humanity and generally every
More informationWhy Feuerbach Is both Classic and Modern
Ursula Reitemeyer Why Feuerbach Is both Classic and Modern At a certain level of abstraction, the title of this postscript may appear to be contradictory. The Classics are connected, independently of their
More informationFrom G. W. F. Hegel to J. Keating: An Introduction to G. Gentile s Philosophy of (Political) Education. Francesco Forlin. University of Perugia
Philosophy Study, October 2017, Vol. 7, No. 10, 538-542 doi: 10.17265/2159-5313/2017.10.003 D DAVID PUBLISHING From G. W. F. Hegel to J. Keating: An Introduction to G. Gentile s Philosophy of (Political)
More information24.01 Classics of Western Philosophy
1 Plan: Kant Lecture #2: How are pure mathematics and pure natural science possible? 1. Review: Problem of Metaphysics 2. Kantian Commitments 3. Pure Mathematics 4. Transcendental Idealism 5. Pure Natural
More informationArgumentation and Positioning: Empirical insights and arguments for argumentation analysis
Argumentation and Positioning: Empirical insights and arguments for argumentation analysis Luke Joseph Buhagiar & Gordon Sammut University of Malta luke.buhagiar@um.edu.mt Abstract Argumentation refers
More informationSUMMARIES AND TEST QUESTIONS UNIT 6
SUMMARIES AND TEST QUESTIONS UNIT 6 Textbook: Louis P. Pojman, Editor. Philosophy: The quest for truth. New York: Oxford University Press, 2006. ISBN-10: 0199697310; ISBN-13: 9780199697311 (6th Edition)
More informationThe Human Deficit according to Immanuel Kant: The Gap between the Moral Law and Human Inability to Live by It. Pieter Vos 1
The Human Deficit according to Immanuel Kant: The Gap between the Moral Law and Human Inability to Live by It Pieter Vos 1 Note from Sophie editor: This Month of Philosophy deals with the human deficit
More informationFreedom as Morality. UWM Digital Commons. University of Wisconsin Milwaukee. Hao Liang University of Wisconsin-Milwaukee. Theses and Dissertations
University of Wisconsin Milwaukee UWM Digital Commons Theses and Dissertations May 2014 Freedom as Morality Hao Liang University of Wisconsin-Milwaukee Follow this and additional works at: http://dc.uwm.edu/etd
More informationPhil 114, Wednesday, April 11, 2012 Hegel, The Philosophy of Right 1 7, 10 12, 14 16, 22 23, 27 33, 135, 141
Phil 114, Wednesday, April 11, 2012 Hegel, The Philosophy of Right 1 7, 10 12, 14 16, 22 23, 27 33, 135, 141 Dialectic: For Hegel, dialectic is a process governed by a principle of development, i.e., Reason
More informationKant The Grounding of the Metaphysics of Morals (excerpts) 1 PHIL101 Prof. Oakes. Section IV: What is it worth? Reading IV.2.
Kant The Grounding of the Metaphysics of Morals (excerpts) 1 PHIL101 Prof. Oakes Section IV: What is it worth? Reading IV.2 Kant s analysis of the good differs in scope from Aristotle s in two ways. In
More informationR. Keith Sawyer: Social Emergence. Societies as Complex Systems. Cambridge University Press
R. Keith Sawyer: Social Emergence. Societies as Complex Systems. Cambridge University Press. 2005. This is an ambitious book. Keith Sawyer attempts to show that his new emergence paradigm provides a means
More informationKant s Fundamental Principles of the Metaphysic of Morals
Kant s Fundamental Principles of the Metaphysic of Morals G. J. Mattey Spring, 2017/ Philosophy 1 The Division of Philosophical Labor Kant generally endorses the ancient Greek division of philosophy into
More information1/6. The Second Analogy (2)
1/6 The Second Analogy (2) Last time we looked at some of Kant s discussion of the Second Analogy, including the argument that is discussed most often as Kant s response to Hume s sceptical doubts concerning
More informationJeu-Jenq Yuann Professor of Philosophy Department of Philosophy, National Taiwan University,
The Negative Role of Empirical Stimulus in Theory Change: W. V. Quine and P. Feyerabend Jeu-Jenq Yuann Professor of Philosophy Department of Philosophy, National Taiwan University, 1 To all Participants
More information1/12. The A Paralogisms
1/12 The A Paralogisms The character of the Paralogisms is described early in the chapter. Kant describes them as being syllogisms which contain no empirical premises and states that in them we conclude
More informationAffirmative Dialectics: from Logic to Anthropology
Volume Two, Number One Affirmative Dialectics: from Logic to Anthropology Alain Badiou The fundamental problem in the philosophical field today is to find something like a new logic. We cannot begin by
More informationThe Concept of Law in Biblical Narrative Vaidotas A. Vaičaitis Vilnius University, Vilnius, Lithuania
The Concept of Law in Biblical Narrative Vaidotas A. Vaičaitis Vilnius University, Vilnius, Lithuania According to Charles Montesquieu (1689-1755), who was one of the first modern legal comparativists,
More informationCOPLESTON: Quite so, but I regard the metaphysical argument as probative, but there we differ.
THE MORAL ARGUMENT RUSSELL: But aren't you now saying in effect, I mean by God whatever is good or the sum total of what is good -- the system of what is good, and, therefore, when a young man loves anything
More informationComputer Ethics. Normative Ethics and Normative Argumentation. Viola Schiaffonati October 10 th 2017
Normative Ethics and Normative Argumentation Viola Schiaffonati October 10 th 2017 Overview (van de Poel and Royakkers 2011) 2 Some essential concepts Ethical theories Relativism and absolutism Consequentialist
More informationLegal positivism represents a view about the nature of law. It states that
Legal Positivism A N I NTRODUCTION Polycarp Ikuenobe Legal positivism represents a view about the nature of law. It states that there is no necessary or conceptual connection between law and morality and
More informationHegel's Circular Epistemology in the Phenomenology of Spirit and the Science of Logic
Duquesne University Duquesne Scholarship Collection Electronic Theses and Dissertations Spring 2013 Hegel's Circular Epistemology in the Phenomenology of Spirit and the Science of Logic Sila Ozkara Follow
More informationThe Human Science Debate: Positivist, Anti-Positivist, and Postpositivist Inquiry. By Rebecca Joy Norlander. November 20, 2007
The Human Science Debate: Positivist, Anti-Positivist, and Postpositivist Inquiry By Rebecca Joy Norlander November 20, 2007 2 What is knowledge and how is it acquired through the process of inquiry? Is
More informationThe Ontological Argument for the existence of God. Pedro M. Guimarães Ferreira S.J. PUC-Rio Boston College, July 13th. 2011
The Ontological Argument for the existence of God Pedro M. Guimarães Ferreira S.J. PUC-Rio Boston College, July 13th. 2011 The ontological argument (henceforth, O.A.) for the existence of God has a long
More informationKant s Pragmatism. Tobias Henschen. This paper offers a definition of the term pragmatic, as it is used in Kant s Critique of Pure
Kant s Pragmatism Tobias Henschen Abstract This paper offers a definition of the term pragmatic, as it is used in Kant s Critique of Pure Reason. The definition offered does not make any reference to the
More informationCommunicative Rationality and Deliberative Democracy of Jlirgen Habermas: Toward Consolidation of Democracy in Africa
Ukoro Theophilus Igwe Communicative Rationality and Deliberative Democracy of Jlirgen Habermas: Toward Consolidation of Democracy in Africa A 2005/6523 LIT Ill TABLE OF CONTENTS DEDICATION ACKNOWLEDGEMENT
More informationKant's Moral Philosophy
Kant's Moral Philosophy I. Groundwork of the Metaphysics of Morals (178.5)- Immanuel Kant A. Aims I. '7o seek out and establish the supreme principle of morality." a. To provide a rational basis for morality.
More informationVisualization of Hans Kelsen s Pure Theory of Law
Visualization of Hans Kelsen s Pure Theory of Law Vytautas Čyras Vilnius University Vytautas.Cyras@mif.vu.lt http://www.mif.vu.lt/~cyras/ Friedrich Lachmayer University of Innsbruck Friedrich.Lachmayer@uibk.ac.at
More informationKant, Deontology, & Respect for Persons
Kant, Deontology, & Respect for Persons Some Possibly Helpful Terminology Normative moral theories can be categorized according to whether the theory is primarily focused on judgments of value or judgments
More informationHans Kelsen. 1. Kelsen s life ( )
Hans Kelsen Interview at Kelsen Tours Ltd (The following exchange takes place at the office of a travel agent soon after a democratic government of a holiday island country has been ousted by a military
More informationIII Knowledge is true belief based on argument. Plato, Theaetetus, 201 c-d Is Justified True Belief Knowledge? Edmund Gettier
III Knowledge is true belief based on argument. Plato, Theaetetus, 201 c-d Is Justified True Belief Knowledge? Edmund Gettier In Theaetetus Plato introduced the definition of knowledge which is often translated
More informationTake Home Exam #2. PHI 1700: Global Ethics Prof. Lauren R. Alpert
PHI 1700: Global Ethics Prof. Lauren R. Alpert Name: Date: Take Home Exam #2 Instructions (Read Before Proceeding!) Material for this exam is from class sessions 8-15. Matching and fill-in-the-blank questions
More informationClass #14: October 13 Gödel s Platonism
Philosophy 405: Knowledge, Truth and Mathematics Fall 2010 Hamilton College Russell Marcus Class #14: October 13 Gödel s Platonism I. The Continuum Hypothesis and Its Independence The continuum problem
More informationRationalism. A. He, like others at the time, was obsessed with questions of truth and doubt
Rationalism I. Descartes (1596-1650) A. He, like others at the time, was obsessed with questions of truth and doubt 1. How could one be certain in the absence of religious guidance and trustworthy senses
More informationKant s Critical Thoughts on Freedom from a Contemporary Perspective -
Kant s Critical Thoughts on Freedom from a Contemporary Perspective - To what extent are these thoughts of practical philosophical significance for us? Gerhard Bos Student Number: 0354422 Master s Thesis
More informationHoong Juan Ru. St Joseph s Institution International. Candidate Number Date: April 25, Theory of Knowledge Essay
Hoong Juan Ru St Joseph s Institution International Candidate Number 003400-0001 Date: April 25, 2014 Theory of Knowledge Essay Word Count: 1,595 words (excluding references) In the production of knowledge,
More informationThe Conflict Between Authority and Autonomy from Robert Wolff, In Defense of Anarchism (1970)
The Conflict Between Authority and Autonomy from Robert Wolff, In Defense of Anarchism (1970) 1. The Concept of Authority Politics is the exercise of the power of the state, or the attempt to influence
More informationSaving the Substratum: Interpreting Kant s First Analogy
Res Cogitans Volume 5 Issue 1 Article 20 6-4-2014 Saving the Substratum: Interpreting Kant s First Analogy Kevin Harriman Lewis & Clark College Follow this and additional works at: http://commons.pacificu.edu/rescogitans
More information1/10. The Fourth Paralogism and the Refutation of Idealism
1/10 The Fourth Paralogism and the Refutation of Idealism The Fourth Paralogism is quite different from the three that preceded it because, although it is treated as a part of rational psychology, it main
More informationThe Pleasure Imperative
The Pleasure Imperative Utilitarianism, particularly the version espoused by John Stuart Mill, is probably the best known consequentialist normative ethical theory. Furthermore, it is probably the most
More informationThe Greatest Mistake: A Case for the Failure of Hegel s Idealism
The Greatest Mistake: A Case for the Failure of Hegel s Idealism What is a great mistake? Nietzsche once said that a great error is worth more than a multitude of trivial truths. A truly great mistake
More informationof Nebraska - Lincoln
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln Faculty Publications - Department of Philosophy Philosophy, Department of 1993 Reply to Allison Nelson T. Potter Jr. University
More information(naturalistic fallacy)
1 2 19 general questions about the nature of morality and about the meaning of moral concepts determining what the ethical principles of guiding the actions (truth and opinion) the metaphysical question
More informationA Defence of Kantian Synthetic-Analytic Distinction
A Defence of Kantian Synthetic-Analytic Distinction Abstract: Science is organized knowledge. Wisdom is organized life. Immanuel Kant Dr. Rajkumar Modak Associate Professor Department of Philosophy Sidho-Kanho-Birsha
More informationFIRST STUDY. The Existential Dialectical Basic Assumption of Kierkegaard s Analysis of Despair
FIRST STUDY The Existential Dialectical Basic Assumption of Kierkegaard s Analysis of Despair I 1. In recent decades, our understanding of the philosophy of philosophers such as Kant or Hegel has been
More informationNOTES. CPR CPrR G MM 8. G G G 389.
NOTES CJ CPR CPrR G MM ABBREVIA TIONS Critique of Judgment (1790) Critique oj Pllre Reason (1781) Critique of Practical Reason (1788) Groundwork of the Metaphysic oj Morals (178S) The Metaphysic oj Morals
More informationJustice and Ethics. Jimmy Rising. October 3, 2002
Justice and Ethics Jimmy Rising October 3, 2002 There are three points of confusion on the distinction between ethics and justice in John Stuart Mill s essay On the Liberty of Thought and Discussion, from
More informationHas Logical Positivism Eliminated Metaphysics?
International Journal of Humanities and Social Science Invention ISSN (Online): 2319 7722, ISSN (Print): 2319 7714 Volume 3 Issue 11 ǁ November. 2014 ǁ PP.38-42 Has Logical Positivism Eliminated Metaphysics?
More informationKantian Deontology - Part Two
Kantian Deontology - Part Two Immanuel Kant s Groundwork for the Metaphysics of Morals Nathan Kellen University of Connecticut October 1st, 2015 Table of Contents Hypothetical Categorical The Universal
More informationCommunication of Values in Day Care Facilities for Children
Communication of Values in Day Care Facilities for Children by Ilse Wehrmann Many parents feel uncertain about their children s education. In contrast to former times, when values on child care and upbringing
More informationReligion and Political Thought: From Early Modernity to the 20 th Century. Course Schedule and Readings
Religion and Political Thought: From Early Modernity to the 20 th Century Winter 2007 4 credits Lecturer: Matthias Riedl Time: Tuesday 9:00 10:40, 11:00 12:40 Place: Hanak Room The course discusses classical
More informationCS305 Topic Introduction to Ethics
CS305 Topic Introduction to Ethics Sources: Baase: A Gift of Fire and Quinn: Ethics for the Information Age CS305-Spring 2010 Ethics 1 What is Ethics? A branch of philosophy that studies priciples relating
More informationKant's Public Construction of Reason
Kant's Public Construction of Reason A Review of Onora O Neill s Constructions of Reason: Explorations of Kant s Practical Philosophy, Cambridge, UK: Cambridge University Press, 1989. WERNER ULRICH Ancien
More informationLecture 6 Kantianism. Based on slides 2011 Pearson Education, Inc. Publishing as Pearson Addison-Wesley
Lecture 6 Kantianism Participation Quiz Pick an answer between A E at random. What answer (A E) do you think will have been selected most frequently in the previous poll? Recap: Unworkable Ethical Theories
More informationMichael Thompson: Life and Action Elementary Structures of Practice and Practical Thought, Cambridge/MA
Michael Thompson: Life and Action Elementary Structures of Practice and Practical Thought, Cambridge/MA. 2008. Wiederholung der letzten Sitzung Hans Jonas, Organismus und Freiheit Wie die Substanz für
More informationFrom the Categorical Imperative to the Moral Law
From the Categorical Imperative to the Moral Law Marianne Vahl Master Thesis in Philosophy Supervisor Olav Gjelsvik Department of Philosophy, Classics, History of Arts and Ideas UNIVERSITY OF OSLO May
More informationDuty and Categorical Rules. Immanuel Kant Introduction to Ethics, PHIL 118 Professor Douglas Olena
Duty and Categorical Rules Immanuel Kant Introduction to Ethics, PHIL 118 Professor Douglas Olena Preview This selection from Kant includes: The description of the Good Will The concept of Duty An introduction
More informationMGT610 Business Ethics
MIDTERM EXAMINATION MGT610 Business Ethics BY VIRTUALIANS.PK Question # 01 Mark: 1 The three major types of ethical issues include except? Communication issues Systematic issues Corporate issues Individual
More informationThink by Simon Blackburn. Chapter 7c The World
Think by Simon Blackburn Chapter 7c The World Idealism Despite the power of Berkeley s critique, his resulting metaphysical view is highly problematic. Essentially, Berkeley concludes that there is no
More informationHEGEL (Historical, Dialectical Idealism)
HEGEL (Historical, Dialectical Idealism) Kinds of History (As a disciplined study/historiography) -Original: Written of own time -Reflective: Written of a past time, through the veil of the spirit of one
More informationQUESTIONING GÖDEL S ONTOLOGICAL PROOF: IS TRUTH POSITIVE?
QUESTIONING GÖDEL S ONTOLOGICAL PROOF: IS TRUTH POSITIVE? GREGOR DAMSCHEN Martin Luther University of Halle-Wittenberg Abstract. In his Ontological proof, Kurt Gödel introduces the notion of a second-order
More informationTopic no. 2: Immanuel Kant
Topic no. 2: Immanuel Kant Ethical and political philosophy faces and has faced the great concern of how to make peace perpetual (as in Imm. Kant s Towards Perpetual Peace). But the main question is not
More informationPositivism A Model Of For System Of Rules
Positivism A Model Of For System Of Rules Positivism is a model of and for a system of rules, and its central notion of a single fundamental test for law forces us to miss the important standards that
More informationRemarks on the philosophy of mathematics (1969) Paul Bernays
Bernays Project: Text No. 26 Remarks on the philosophy of mathematics (1969) Paul Bernays (Bemerkungen zur Philosophie der Mathematik) Translation by: Dirk Schlimm Comments: With corrections by Charles
More informationMY PURPOSE IN THIS BOOK IS TO PRESENT A
I Holistic Pragmatism and the Philosophy of Culture MY PURPOSE IN THIS BOOK IS TO PRESENT A philosophical discussion of the main elements of civilization or culture such as science, law, religion, politics,
More informationKatarzyna Gan Krzywoszyńska. Piotr Leśniewski. Archives Poincaré University of Nancy 2 France
Katarzyna Gan Krzywoszyńska Archives Poincaré University of Nancy 2 France Piotr Leśniewski Department of Logic and Methodology of Science Adam Mickiewicz University Poland K. Gan Krzywoszyńska Change,
More information4 Liberty, Rationality, and Agency in Hobbes s Leviathan
1 Introduction Thomas Hobbes, at first glance, provides a coherent and easily identifiable concept of liberty. He seems to argue that agents are free to the extent that they are unimpeded in their actions
More information5.6.1 Formal validity in categorical deductive arguments
Deductive arguments are commonly used in various kinds of academic writing. In order to be able to perform a critique of deductive arguments, we will need to understand their basic structure. As will be
More informationHeidegger s Claim Carl Schmitt denkt Liberal Introduction to the conference Political Theology and Modernity The Legacy of Carl Schmitt
Heidegger s Claim Carl Schmitt denkt Liberal Introduction to the conference Political Theology and Modernity The Legacy of Carl Schmitt Northern Theory School and The Politics, Philosophy and Religion
More information