{"title":"The Quandary of Infanticide in Kant’s ‘Doctrine of Right’","authors":"J. Timmermann","doi":"10.1515/agph-2021-0034","DOIUrl":"https://doi.org/10.1515/agph-2021-0034","url":null,"abstract":"Abstract The aim of this paper is to settle the controversy around Kant’s notorious discussion of maternal infanticide in the ‘Doctrine of Right’ of 1797. How should a state punish an unmarried mother who has killed her newborn infant? The text (at DoR VI 335–37) is obscure. Three readings have been defended in the literature: 1. Lenience. Maternal infanticide does not count as murder; so, capital punishment is inappropriate. On this view, the child does not enjoy the full recognition of the law (this is the standard view). 2. Temporary privilege. Lenience should prevail as long as social attitudes are barbaric and treating maternal infanticide like regular cases of murder is perceived to be unjust. The regular punishment for murder will be appropriate once sexual mores have changed. The child will then enjoy the full protection of the law (Hruschka, Varden). 3. No lenience. Capital punishment, though it appears to be unjust, is actually just and ought to be applied. Any child, whether born to married parents or not, enjoys the full protection of the law (Brandt, Uleman). Based on a close examination of the passage and the context of contemporary laws and attitudes, Kant is not, it will be argued, advocating lenience but certain legislative reforms, which are needed to dispel the perception that capital punishment is unjust. Progressive legislation will change social attitudes, not vice versa. Moreover, it will be shown that Kant does not, appearances notwithstanding, endorse the thesis that a child born out of wedlock has been smuggled into the state like ‘prohibited goods’ or ‘contraband merchandise’, which would deprive the child of the protection of the state; that is the view with which Kant saddles Cesare Beccaria.","PeriodicalId":44741,"journal":{"name":"ARCHIV FUR GESCHICHTE DER PHILOSOPHIE","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43415908","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Between Starvation and Spoilage: Conceptual Foundations of Locke’s Theory of Original Appropriation","authors":"J. Olsthoorn","doi":"10.1515/agph-2021-0121","DOIUrl":"https://doi.org/10.1515/agph-2021-0121","url":null,"abstract":"Abstract This paper reconstructs the conceptual foundations of Locke’s unilateralist theory of original appropriation through a critical comparison with the rival compact theories of Grotius and Pufendorf. Much of the normative and conceptual framework of Locke’s theory is common to theirs. Integrating his innovative doctrines on labour and natural self-proprietorship into this received theoretical framework logically required Locke to make several conceptual amendments. I highlight three all but overlooked revisions: (i) an unusually broad conception of labour; (ii) a reduction of mere use-rights to property rights; and (iii) a novel non-self-preservationist interpretation of the divine authorization to use natural resources in common. The reconceptualization of ‘labour’ is theoretically the most fundamental, underpinning the other two. My contextual reconstruction enhances our grasp of the structure of Locke’s theory of original appropriation. It also reveals Locke’s main objection to compact theories to be an external one, hinging on idiosyncratic conceptualizations of key notions.","PeriodicalId":44741,"journal":{"name":"ARCHIV FUR GESCHICHTE DER PHILOSOPHIE","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-06-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44623019","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Questioning Authority: Anthony Collins’ Challenge to Orthodox Anglican Authority Figures and George Berkeley’s Reply","authors":"Manuel Fasko","doi":"10.1515/agph-2021-0123","DOIUrl":"https://doi.org/10.1515/agph-2021-0123","url":null,"abstract":"Abstract In this paper I argue that the English freethinker Anthony Collins (1676–1729) is making use of ‘conglobation’ to develop an argument across the Vindication of the Divine Attributes (1710) and the Discourse on Free-Thinking (1713), which aims to challenge the religious authority of orthodox representatives of the Anglican church. That is, Colins makes use of a rhetorical (piecemeal) strategy that serves to insinuate one’s proper position to create, what I will call, the ‘authority-challenge’. I reconstruct this challenge in three steps. First, I analyse Collins’ criticism of William King (1650–1729), the Archbishop of Dublin, who according to Collins’ Vindication advances a conception of the divine attributes and of the nature of God that is compatible with atheism. Second, I introduce Collins’ argument from disagreement, which he develops in his Discourse. This argument aims to establish that whenever there is meaningful disagreement, e. g., about the (philosophical) content and not merely about the best terminology, between the supposed experts, we have the right to think on our own about the issue at hand. In the third step, I present the ‘authority-challenge’. In a nutshell, this challenge requires orthodox representatives of the Anglican church either (i) to open the door to atheism by not substantively disagreeing with William King (thereby undermining everything they stand for and presenting themselves as hypocrites) or (ii) to substantively disagree with King to contain atheism (thereby undermining their status as experts for religious issues). Since (i) cannot be an option, they have no choice but to undermine their own authority by impairing their expert status, which, in turn, has ramifications for their political power as well. In the second part of my paper, I argue that §§ 16–22 of the fourth dialogue of George Berkeley’s Alciphron (1732/52) are designed to meet Collins’ ‘authority-challenge’. This will allow me to resolve the puzzle that these sections so far have posed for commentators. In particular, many have been puzzled by Berkeley’s argumentative strategy and in particular his references to the Scholastics. As I argue, however, if §§ 16–22 are read in the light of Collins’ authority challenge, it becomes evident that Berkeley uses these references in his attempt to refute King without failing to meet Collins’ challenge.","PeriodicalId":44741,"journal":{"name":"ARCHIV FUR GESCHICHTE DER PHILOSOPHIE","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-06-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47798597","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The ‘Aristotle Experience’ Revisited: Thomas Kuhn Meets Ludwik Fleck on the Road to Structure","authors":"Paweł Jarnicki, Hajo Greif","doi":"10.1515/agph-2020-0160","DOIUrl":"https://doi.org/10.1515/agph-2020-0160","url":null,"abstract":"Abstract This article takes issue with Kuhn’s description of the ‘Aristotle experience,’ an event that took place in 1947 and that he retrospectively characterized as a revelation that instantly delivered to him the key concepts of The Structure of Scientific Revolutions (1962). We trace a certain transformation of this narrative over time: whereas it commenced from a description of his impression of disparity between the textbook image of science and the study of historical sources, Kuhn started to characterize it as a revelation after learning of the English translation of Fleck’s 1935 Entstehung und Entwicklung einer wissenschaftlichen Tatsache. This book anticipates many central Kuhnian claims. Kuhn read it as early as 1949, but never fully acknowledged it as a source of inspiration. We discuss four hypotheses concerning the possible influence of Fleck’s theory on Kuhn’s in light of the available evidence. We conclude that the degree of similarity between them is too great to be coincidental.","PeriodicalId":44741,"journal":{"name":"ARCHIV FUR GESCHICHTE DER PHILOSOPHIE","volume":" ","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-06-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43674271","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Titelseiten","authors":"","doi":"10.1515/agph-2022-frontmatter2","DOIUrl":"https://doi.org/10.1515/agph-2022-frontmatter2","url":null,"abstract":"","PeriodicalId":44741,"journal":{"name":"ARCHIV FUR GESCHICHTE DER PHILOSOPHIE","volume":"1 1","pages":""},"PeriodicalIF":0.4,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47266250","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Helmig, Christoph (ed.), World Soul – Anima Mundi. On the Origins and Fortunes of a Fundamental Idea. Berlin/Boston: De Gruyter, 2020, 364 pp.","authors":"L. Pacheco","doi":"10.1515/agph-2021-2019","DOIUrl":"https://doi.org/10.1515/agph-2021-2019","url":null,"abstract":"","PeriodicalId":44741,"journal":{"name":"ARCHIV FUR GESCHICHTE DER PHILOSOPHIE","volume":"104 1","pages":"403 - 406"},"PeriodicalIF":0.4,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/agph-2021-2019","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48498574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Culture and the Unity of Kant’s Critique of Judgment","authors":"Sabina F. Vaccarino Bremner","doi":"10.1515/agph-2019-0127","DOIUrl":"https://doi.org/10.1515/agph-2019-0127","url":null,"abstract":"Abstract This paper claims that Kant’s conception of culture provides a new means of understanding how the two parts of the Critique of Judgment fit together. Kant claims that culture is both the ‘ultimate purpose’ of nature and to be defined in terms of ‘art in general’ (of which the fine arts are a subtype). In the Critique of Teleological Judgment, culture, as the last empirically cognizable telos of nature, serves as the mediating link between nature and freedom, while in the Critique of Aesthetic Judgment, the connection between art and morality passes through culture. In either case, Kant offers distinct, yet interdependent, arguments for how culture demonstrates the amenability of nature to its supersensible ground: the central question Kant claims in the Introduction that the work seeks to answer. Thus, not only does this account advance a concept essential to both parts of the work; it also demonstrates how the two parts can be conceived as complementary, with each supplementing the other to solve Kant’s central question. As such, understanding the Critique of Judgment in terms of culture enables us to see how the two parts of the work do not merely share points of similarity or common themes, but presuppose one another in order to understand how nature is amenable to freedom.","PeriodicalId":44741,"journal":{"name":"ARCHIV FUR GESCHICHTE DER PHILOSOPHIE","volume":"104 1","pages":"367 - 402"},"PeriodicalIF":0.4,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46307611","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"“This” and “Such” in the Receptacle Passage of Plato’s Timaeus","authors":"Takeshi Nakamura","doi":"10.1515/agph-2021-2016","DOIUrl":"https://doi.org/10.1515/agph-2021-2016","url":null,"abstract":"Abstract One short passage on what is called the Receptacle in Plato’s Timaeus (49c–50a) has been the subject of much controversy since Cherniss presented an alternative reading of it in 1954. In this paper, I criticize an influential argument presented by Zeyl for a traditional reading, and propose a new interpretation which adopts the alternative reading on important sentences of the passage, but is not accompanied by the defects of Cherniss’ interpretation.","PeriodicalId":44741,"journal":{"name":"ARCHIV FUR GESCHICHTE DER PHILOSOPHIE","volume":"104 1","pages":"239 - 265"},"PeriodicalIF":0.4,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/agph-2021-2016","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43425472","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Spinoza’s Infinite Shortcut to the Contingent Appearance of Things","authors":"Sanja Särman","doi":"10.1515/agph-2019-0085","DOIUrl":"https://doi.org/10.1515/agph-2019-0085","url":null,"abstract":"Abstract Spinoza’s own words seem to commit him to necessitarianism. Nonetheless attempts have been made to make room for contingency in Spinozism. Two impressive arguments of this kind are Curley 1969 and Newlands 2010. Both these arguments appeal to Spinoza’s claim that all finite things are locked in an infinite nexus of causal relations (1p28). The question central to this paper is whether contingency can indeed be derived from an infinity of causal ancestors. The goal of the paper is twofold. First, I aim to present an alternative reading of the relation between infinity and Spinoza’s concept of contingency. On my reading, while the infinity of the causal ancestry of finite things does not ground any objective metaphysical contingency on their part, it is a condition which must obtain if they are to appear as contingent. Second, I aim to challenge the derivations of contingency from infinity mentioned above. I will do so by targeting Curley’s assumption that propositions rather than things are the main bearers of modality. On Newlands’ interpretation, the conceivability of things as either contingent or necessary makes the world more perfect than it would otherwise have been. By drawing upon Spinoza’s analysis of “negative” properties (such as evil), I question whether beliefs about contingency contribute to the perfection of the world in virtue of truly attributing the property of objective contingency to things.","PeriodicalId":44741,"journal":{"name":"ARCHIV FUR GESCHICHTE DER PHILOSOPHIE","volume":"104 1","pages":"337 - 366"},"PeriodicalIF":0.4,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/agph-2019-0085","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47265619","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Pleasure, Judgment and the Function of the Painter-Scribe Analogy","authors":"Emily Fletcher","doi":"10.1515/agph-2017-0082","DOIUrl":"https://doi.org/10.1515/agph-2017-0082","url":null,"abstract":"Abstract This paper puts forward a new interpretation of the argument at Philebus 36c–40d that pleasures can be false. Protarchus raises an objection at 37e–38a, and in response Socrates presents the elaborate painter-scribe analogy (38e–40c). Most previous interpretations do not explain how the analogy answers Protarchus’ objection. On my account, Protarchus’ objection relies on the plausible intuition that pleasure is simply not in the business of assessing the world, and so it cannot be charged with doing so incorrectly. Socrates responds by demonstrating that pleasure can be mistaken about the world, despite not making an independent assessment of it. The painter-scribe analogy demonstrates how pleasure comes to be mistaken about the world by reproducing the mistake of a judgment. Socrates persuades Protarchus that pleasure can be mistaken in part by preserving his intuition that pleasure itself is not the source of the mistake.","PeriodicalId":44741,"journal":{"name":"ARCHIV FUR GESCHICHTE DER PHILOSOPHIE","volume":"104 1","pages":"199 - 238"},"PeriodicalIF":0.4,"publicationDate":"2022-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1515/agph-2017-0082","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48230279","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"哲学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}