A New Critique of Theoretical Thought. Deel 2. The General Theory of the Modal Spheres

[pagina III]

A NEW CRITIQUE OF THEORETICAL THOUGHT

BY

HERMAN DOOYEWEERD Dr jur.

Professor of Philosophy of Law, Free University of Amsterdam Fellow of the Royal Dutch Academy of Sciences

TRANSLATED BY

DAVID H. FREEMAN

Assistant Professor of Philosophy, Wilson College

AND

H. DE JONGSTE

English Master in the 1st Christian Secondary School of Rotterdam

VOLUME II

THE GENERAL THEORY OF THE MODAL SPHERES

THE PRESBYTERIAN AND REFORMED PUBLISHING COMPANY

1969

[pagina IV]

LIBRARY OF CONGRESS CATALOGUE CARD NUMBER A 54 - 7310

 

Original title:

DE WIJSBEGEERTE DER WETSIDEE

 

Printed in the United States of America

[pagina V]

CONTENTS

TRANSLATOR'S PREFACE

xxix

 

PART I - THE GENERAL THEORY OF THE MODAL SPHERES

		Page
CHAPTER I - THE FUNCTIONAL STRUCTURE OF THE MODAL SPHERES, BOTH IN THEIR SOVEREIGNTY WITHIN THEIR OWN ORBIT AND IN THEIR TEMPORAL COHERENCE OF MEANING		3
§ 1 -	The criterion of a modal sphere	3
	The relation between the specific sovereignty of each separate modal law-sphere and the temporal coherence of meaning of all the modal spheres is not intrinsically contradictory	3
	The criterion of a modal sphere and its abstract theoretical character	4
	The criterion of a modal law-sphere, though of a theoretical nature, is nevertheless not founded in thought, but in order of cosmic time	6
	The criterion of a law-sphere as a modal concept of function. The functional structure of a law-sphere can only be understood after abstracting modal individuality	6
	The functional modalities of meaning	7
§ 2 -	The criterion of the modal aspect of meaning in its absolute contrast with the ‘form’-notion of immanence-philosophy	9
	The form-matter scheme in ancient and medieval metaphysics	9
	The concept of substance	11
	The form-matter scheme in Kantian philosophy	12
	The relapse of neo-Kantian legal philosophers into the Aristotelian method of concept-formation	14
	The modal aspects have no genus proximum	14
	Why the Kantian categories cannot be subsumed under a genus proximum	15

 

[pagina VI]

		Page
	Stammler's concept of law	16
	The delimitation of the phenomenological ‘regions’ in Edmund Husserl	17
§ 3 -	The criterion of the modal diversity of meaning and the problem of the denominator of comparison conceived as ‘the being of what is’ (sein des seienden)	18
	The ‘being of what is’ in Greek and scholastic realistic metaphysics	20
	The ‘being of what is’ as a philosophical basic denominator in Heidegger's ‘Sein und Zeit’	22
§ 4 -	Meaning as the basic denominator in immanence-philosophy and the ground for the distinction in this philosophy between meaning and reality as merely having meaning	25
	The metaphysical basis for the distinction between meaning and reality in immanence-philosophy	26
	‘Nature’ as meaningless reality in Fichte and the South-Western German school of neo-Kantianism	27
	Meaning in Husserl's phenomenology	27
	The subjectivistic view of meaning in Paul Hofmann	29
	A more detailed explanation of our own conception of meaning	30
	Meaning in the fall of man	32
	The Christian as a stranger in this world	34
	The apostate world cannot maintain any meaning as its own property in opposition to Christ. Common Grace	34
	The religious value of the modal criterion of meaning	36
§ 5 -	The logical aspect of the modal criterion of meaning and the method of antinomy	36
	The principium exclusae antinomiae in its relation to the logical principle of contradiction	36
	The nature of the theoretical antinomy. The principium exclusae antinomiae	37
	Antinomy in its inter-modal character may not be identified with the intra-modal relation of contrariety	37
	The essentially antinomic character of all speculative thought. The antinomy of the sole causality of God in speculative theology	38
	The Thomistic proofs of the existence of God	39

 

[pagina VII]

		Page
	Kant's conception of the nature and the origin of the theoretical antinomies	42
	The origin of the special theoretical antinomies in the light of our transcendental basic Idea	44
	The cosmological principium exclusae antinomiae is not identical with the logical principle of contradiction, but the former is the foundation of the latter	47
	The analytical criterion of a modal law-sphere	48
§ 6 -	The cosmic temporal order in the succession of the law-spheres. Substratum-spheres and superstratum-spheres	49
	The two terminal spheres	52
	The Scriptural conception of order in creation	52
	The foundational and the transcendental direction in the cosmic order of time	53
CHAPTER II - THE MODAL STRUCTURES OF MEANING		55
§ 1 -	Introduction	55
	The origin of the analogical concept of Being	56
	Why symbolic logic is not serviceable in our examination of the analogical concepts	59
	The ambiguity of pre-theoretic terminology and the psychological study of the ‘significa’	61
	Some examples of scientific expressions denoting fundamental analogical concepts. The original and the analogical use of numerical terms	62
	The original and the analogical use of the term space	63
	The original and the analogical use of the term economy	66
	The original and the analogical use of the terms control, command, mastery or power	68
	The complexity of the analogical concepts	71
	The provisional elimination of the philosophical prejudices in the description of the ‘states of affairs’ and the influence of the religious starting-points in this stage of the inquiry. No ἐποχή in the phenomenological sense	72
§ 2 -	The cosmic order of time in the structural coherence	74
	Nuclear meaning, modal retrocipations and anticipations	74
	Modal retrocipations and anticipations remain qualifed by the nucleus of the modal meaning	75
	The architectonic differentiation in the modal structure of the law-spheres	75

 

[pagina VIII]

		Page
	The value of the analysis of modal meaning in tracing the original and irreducible nuclei of its modal structure	77
§ 3 -	Preliminary analysis of the first three modal structures of meaning	79
	A - A brief analysis of the original meaning of number	79
	The original nuclear meaning of number, and the numerical analogy in the logical modality of meaning	79
	The relation between number and logical multiplicity	80
	Number and the class-concept. Russell	83
	B - A brief analysis of the original modal meaning of space in its coherence with the meaning of number	83
	Meinong's ‘Gegenstandstheorie’ and G.H.Th. Malan's critique of the first modal law-sphere	83
	The modal meaning-nucleus of space. Dimensionality and spatial magnitude as arithmetical analogies in the modal meaning of space	85
	The so-called transfinite numbers and the antinomies of actual infinity	87
	The functions in the numerical aspect that anticipate the spatial, kinematic and analytical modi	87
	Malan's defence of the concept ‘continuous number’	88
	Number and continuity. Dedekind's theory of the so-called irrational numbers	90
	The complete theoretical elimination of the modal meaning of number, through the giving-up of finite numbers as the basis for the infinitesimal functions. The modal shiftings of meaning in the logicistic view	91
	The rationalistic concept of law in arithmetic	92
	C - A brief analysis of the original (mathematical) meaning of motion in its coherence with the original meaning of number and space	93
	The differential as an anticipation of movement in the original meaning of number	93
	The logical movement of thought as a retrocipation of the original aspect of movement	94
	The erroneous view of classical physics concerning the relation between sensory phenomena and absolute space	95
	Movement in its original modal sense and in its analogical meaning	97
	The spatial analogy in the modal structure of the kinematic aspect	98

 

[pagina IX]

		Page
	Physical movement as an analogy qualified by energy	99
	The general theory of relativity and the un-original character of physical space	101
	The discretion of spatial positions and the un-original or analogical character of this discretion	102
	The antinomies of Zeno are due to the attempt to reduce the modal meaning of motion to that of space	103
	Analytic and projective geometry viewed in the light of the theory of the law-spheres	103
	The logicistic shiftings of meaning in projective geometry	106
§ 4 -	Some examples of the structural analysis of later modalities of meaning, intended to give an insight into the order of succession of the law-spheres	107
	Meaning-nucleus and retrocipations in the original modal sense of organic life	107
	The modal viewpoint of psychology	111
	Feeling as a supposed chief class of psychical phenomena. Felix Krueger's discovery and its interpretation in genetic psychology	111
	The ‘Erlebnisse’ and the modal delimitation of the psychological viewpoint. Erlebnis and behaviour	113
	Animal psychology and the unity of the psychological viewpoint	114
	The pseudo-psychological conception of the human ego and the I-thou relation	115
	The impossibility of a definition of feeling as the meaning-kernel of the psychical aspect. The psychological distinction between ‘feelings’ and sensations (Empfindungen)	116
	The retrocipatory structure of the modal feeling-aspect	117
	The retrocipatory structure of the logical aspect	118
	The anticipatory structure of the logical aspect. Historical, linguistic and social anticipations	120
	The economic anticipation in the modal meaning of logical analysis	122
	Linguistic economy as an economic anticipation in the modal meaning-aspect of symbolic signification. The ‘Aktionsarten’ (the ‘characters’ and ‘aspects’) and the structure of primitive verbal languages	126
	The economic retrocipation in the aesthetic meaning-aspect. The μηδὲν ἄγαν	127
	The modal meaning-kernel of the juridical aspect	129

 

[pagina X]

		Page
	Leo Polak's inquiry into the meaning of the term retribution	130
	Retribution and economical life	131
	Justice as suum cuique tribuere and the older cosmological conception of retribution. Dikè, Anangkè, Rita, and Tao	132
	Retribution and love in the Christian religion	133
	The retributive character of every juridical relation. Retribution and ultra vires. The retributive meaning of rights	133
	Does retribution essentially imply a reaction corresponding to egoistic motives? Retribution and altruism	134
	Aesthetic, economic and social analogies in the modal structure of the juridical aspect	135
	The lingual analogy in the modal meaning-structure of retribution	137
	The lingual analogy in the modal aesthetic meaning	139
	The juridical and the aesthetic anticipations in the modal lingual meaning	139
§ 5 -	Juridical and social retrocipations in the modal aspect of love	140
	The prevailing logical distinction between law and morality	141
	A preliminary question. Does there exist a modal ethical law-sphere or moral aspect of experience with an irreducible modal meaning? The distinction between the world of experience and the I-thou relation in Jewish and Christian existentialism	142
	The scholastic distinction between moral theology and natural ethics. Natural ethics and the Greek form-matter motive	144
	The analogical character of the Aristotelian concepts of virtue and of the good	145
	Ethics and the human character	147
	Why a moral law-sphere must exist	148
	Criticism of Kant's criterion of morality. Love and the imago Dei	149
	The original meaning-nucleus of the moral law-sphere. Love in its original modal sense and its analogies in the other aspects	151
	Love and the conventions of social intercourse	152
	Eros and Agapè	153
	The ‘Cape Horn’ of Christian ethics	154
	The social retrocipation in the modal meaning of love	158
	The retributive analogy in the modal meaning of love	160

 

[pagina XI]

			Page
	The internal antinomy arising from the theoretical eradication of the modal boundaries of justice and love		162
§ 6 -	Complications in the modal meaning-structure of the law-sphere in both the retrocipatory and the anticipatory direction		163
		A - Retrocipations
	The totality of the structure of the meaning-modus		164
	Simple and complex, directly and indirectly founded retrocipations		164
	The directly founded, but complex structure of the spatial analogy in the aspect of movement		165
	The complex, indirectly founded arithmetical and spatial retrocipations in the modal meaning of the legal aspect		165
	A brief analysis of the complicated spatial analogy in the psychical aspect with its indirect foundation		168
	Why do we perceive the sensory images of motion in the objective sensory picture of space?		168
		B - Anticipations
	The complex modal structure of the so-called irrational function of number as a direct anticipation, and that of the so-called complex function of number as an indirect anticipation		170
	The logicistic concept of ‘Dimension überhaupt’ (dimension in general), and the modal shift of meaning in this pseudoconcept		172
	Complex systems of number and the theory of groups. The formalistic conception of the symbol i		173
	A brief analysis of the complex anticipatory structure of the economy of thought		175
	A brief analysis of the structure of the feeling of justice as a complex modal anticipation		176
	The low degree of differentiation in the axiological spheres of feeling at a primitive stage of culture		178
	Some new complications in the anticipatory structure of the modal meaning-aspect. The normative anticipations do not refer to the merely retrocipatory structure of the anticipated aspect		179
CHAPTER III - THE OPENING-PROCESS IN THE ANTICIPATORY MEANING-STRUCTURE OF THE LAW-SPHERE			181
§ 1 -	The functional structure of the opening-process and the relation between concept and transcendental idea in the two fundamental directions of the cosmic temporal order		181

 

[pagina XII]

		Page
	The primary structure of a founded meaning-modus	181
	The expression of the modal meaning of retribution in a primitive legal order	182
	The primitive closed structure of the feeling-aspect in animal life	183
	The closed structure of the aspect of energy-effect	184
	The law-sphere in its restrictive function and in its expansive function. Guiding modal functions	184
	Deepening of the modal retrocipations through the opening-out of the anticipatory spheres of the modal aspect	185
	Concept and Idea of the modal meaning-aspect and their relation in the foundational as well as in the transcendental direction of time	186
	The theoretical antinomy in mistaking the Idea for a concept	187
	The retrocipatory and the anticipatory directions of time in the opening-process of the normative anticipatory spheres	188
	Does the opening-process of the normative anticipations start in a particular law-sphere?	189
	The historical law-sphere as the foundation of the entire opening-process of the normative anticipatory spheres of the modal aspects	190
§ 2 -	The modal meaning-nucleus of history	192
	The pre-theoretical and the theoretical conceptions of history	192
	Different views of the meaning of history	194
	The modal nuclear meaning of the term culture and the ambiguity of the term history	196
	The universality of the historical view-point	197
	Cultural and natural formation	197
	Mastery over persons and over things (‘Personkultur’ and ‘Sachkultur’) and the analogy of this distinction in the legal sphere	198
	Culture and civilization	199
	Culture and human society	199
	K. Kuypers' view concerning tradition as the modal nucleus of the historical aspect	202
	The indirect test of the correctness of our conception concerning the modal nucleus of the historical viewpoint	203
	The cultural modality and its typical empirical contents	203
	The origin of the Humanistic concept of culture	204

 

[pagina XIII]

		Page
	Troeltsch's and Dilthey's struggle with the problems of Historism	205
	Rickert's distinction between individualizing and systematic cultural sciences	207
	The confusion caused by the application of the form-matter schema to the relation between the post-historical modi and the historical aspect of empirical reality	208
	The neo-Hegelian philosophy of culture yields no criterion for the historical law-sphere either	213
	The distinction between the juridical and the specifically historical view-point in Julius Binder	213
	The modal nuclear moment of cultural development is irreducible	216
§ 3 -	The internally antinomic character of the humanistic concept of culture as the basic denominator of all the normative aspects of reality	217
	Spengler's historicizing of the intrinsic meaning of science	218
	The modal meaning of language is irreducible to that of cultural development. The historical retrocipation in the modal meaning of language	221
	Remark: Modern phonology and the new trends in semantics	224
	Husserl's structural conception of the lingual sign	225
	The real failure in Husserl's ‘reine Bedeutungslehre’	226
	The irreducibility of the modal meaning of intercourse to that of cultural development	227
	The modal meaning of intercourse is founded in that of language	228
§ 4 -	Analysis of the modal meaning of cultural development with regard to its retrocipatory structure	229
	The logical analogies in the modal meaning of culture and the normative character of the historical law-sphere	229
	The Historical school and the normative conception of historical development. Fr. J. Stahl's view of the secondarily normative character of God's guidance in history	232
	Reaction as an anti-historical meaning-figure	236
	The peculiar character of the modal structure on the law-side of all the post-logical law-spheres. The relation between the temporal normative principle and human formation. Positivizing formation as an historical analogy in all the post-historical law-spheres	237

 

[pagina XIV]

		Page
	The distinction between ‘absolute’ and ‘empirical’ norms is untenable	239
	The formation of history and law-formation. The historical struggle for power between tradition and formative will. Tradition as the guardian of historical continuity, and the principle of continuity as a modal normative principle	241
	The historical formative will as a psychical retrocipation on the law-side of the modal meaning of cultural development	243
	The rôle of great personalities in history	245
	Power as a normative historical mission in the modal meaning of history. Mastery over persons and social-psychical influence	246
	The romantic quietist conception of God's guidance in history	248
	The biotic analogies in the retrocipatory structure of the historical aspect	250
	The inter-modal meaning-coherence between the historical aspect and that of energy-effect. The problem of historical causality and Toynbee's idea of ‘challenge’	251
	The so-called individual causality in history and the rejection of the concept of historical causality by the Diltheyan school	254
	The retrocipation of movement in the modal structure of history	255
	Numerical analogies in power	256
	The spatial analogy in the modal moment of the cultural area. The normative call to win the control over nature, and the positivizing of this modal historical principle in technical industry. The instrument as a document of civilization and its relation to the cultural area	257
§ 5 -	The anticipatory structure of the historical aspect and the transcendental idea of historical development	259
	The rigidity of the cultural meaning in the still closed primitive cultures. The historical norm of integration and its divine foundation	259
	The problem of the original historical state of civilization and the Idea of progress	263
	Historical science works with a transcendental Idea and not with a rigid concept of historical development. Its relation to ethnology and the science of pre-history	265
	The necessity of a normative Idea of cultural development for historical thought	266

 

[pagina XV]

		Page
	The developmental Idea of progress. Its ὑπόϑεσις in the Humanistic science-ideal	268
	Kant's Idea of development oriented to the Humanistic personality-ideal in its rationalistic conception	270
	The essential function of individuality in the historical developmental Idea	272
	The rise of nationalities in the opening-process of history. Nationality and the idea of ‘Volkstum’ in national-socialism	274
	The modal norm of individualization for the opening-process in the historical law-sphere. Its connection with the norm of differentiation and integration	274
	Herder's irrationalistic Idea of humanity and his conception of historical individuality	276
	The numbing of the Idea of development in the organological conception of the Historical School, and the crux of the historical explanation of the reception of Roman Law by an appeal to the national mind	277
	The intensive conception of world-history in Hegel. The orientation of his dialectical Idea of development to the Humanistic personality-ideal in a transpersonalistic-conception	279
	The necessity of an intensive Idea of historical development	282
	Directionless Historism destroys the Idea of development, and deprives scientific historical thought of its necessary ὑπόϑεσις. Spengler's morphology of the civilizations of the world	283
§ 6 -	Continued: The coherence of the anticipatory spheres of the historical aspect and the relation between power and faith	284
	The symbolical anticipation in the modal aspect of history	284
	The ‘social’ anticipation in the modus of history	285
	The economic anticipation. The historical principle of cultural economy	286
	The inner connection between the economic and the aesthetical anticipations in history	286
	The juridical anticipations and the true meaning of the ‘Weltgericht’ in world-history	289
	God's guidance in history as a realization of the juridical anticipations	290
	The moral anticipatory sphere in the modal structure of history. Cultural love and cultural guilt	290

 

[pagina XVI]

		Page
	The anticipation of the function of faith in the opening-process of history	291
	The so-called ‘Religionsoziologie’ of Weber and Troeltsch and the schema of a sub-structure and a super-structure in the Marxist view of history	292
	The meaning of history in the light of the Divine Word-Revelation	294
	Objections raised on the part of some of our fellow-Christians against the conception of the modal meaning of history as cultural development, and the misunderstanding from which they spring	296
	Primitive culture as an apostate state of the cultural aspect	296
	The new problem	297
§ 7 -	The position of the aspect of faith in the opening-process	298
	Dr A. Kuyper's conception of πίστις as a function	298
	The Barthian conception of faith	300
	The importance of a clear insight into the modal function of faith	302
	The transcendental character of the modal meaning-nucleus of πίστις. The Greek conception of πίστις as δόξα and its revival in Husserl's phenomenology	303
	Can the function of faith occur in a closed state as well as in a deepened condition? If so, how is this to be understood?	305
	The Revelation of God in ‘nature’ and in His Word	306
	The restrictive function of the faith-aspect as the extreme limit of the transcendental apostasy of the πίστις	309
	Two kinds of starting-points for the opening-process in the transcendental direction	310
	The revelational principle of faith in its restrictive function and the theme of magic and cult	312
	The desintegration of the sense of personal identity in the belief in mana and in totemism	316
	The transcendental moral retrocipation in the restrictive structure of the aspect of faith	318
§ 8 -	Continued: The opening of the function of faith in the apostatical direction	319
	The aesthetic humanizing of Greek polytheism by Homer and Hesiod and the opening-process in the Greek cultural community	320

 

[pagina XVII]

		Page
	The true character of the disclosure of faith in transcendental apostasy	322
	The transcendental freedom of πίστις, deepened in its apostasy, in devising idols. Cassirer's critique of mythical consciousness	323
	Mythos and Logos. The criterion of the distinction between mythical and non-mythical thought	325
	Mythical consciousness under the guidance of the ‘magical’ faith in nature and of faith in reason. The problem of magical thought	328
CHAPTER IV - THE UNIVERSALITY OF THE ASPECTS WITHIN THEIR OWN SPHERES AND THE INTER-MODAL DISHARMONY IN THE PROCESS OF DISCLOSURE ON THE LAW-SIDE OF THE LAW-SPHERES		331
§ 1 -	The universality of the modal aspects within their own spheres	331
	Why the different attempts at absolutizing seem to be acceptable	331
	The Divine irony in the history of apostate philosophy	333
	The new problem: The intermodal disharmony in the opening-process	334
§ 2 -	The guidance of the faith in the humanistic science-ideal in its mathematical conception as an impediment to the full disclosure of the idea of sphere-universality	337
	The internal rigidity in the Idea of the mathesis universalis due to the misinterpretation of the universality of the aspects in their own spheres	338
	The Humanistic Idea of the mathesis universalis and biology	340
	The Humanistic Idea of mathesis universalis and the social and juridical anticipatory spheres of the mathematical aspects	342
	The Humanistic Idea of mathesis universalis in pure economics	344
	The rigidity in the aesthetic Idea under the guidance of the faith in the science-ideal. French classicism	345
	The rigidity in the Idea of development in the philosophy of history of the ‘Enlightenment’	349
	Bayle's method of critical analysis of the facts in historical research	353
§ 3 -	Continued: The disharmony in the opening-process on the law-side, guided by the faith of the enlightenment	354

 

[pagina XVIII]

		Page
	The historical ‘explanation’ of the ideals of the Enlightenment, and the vicious circle in this attempt at explanation	354
	The opening-process in the historical law-sphere guided by the ideas of natural law of the Enligtenment	356
	The relative disclosure of the economical law-sphere; the disharmony of this process under the guidance of the faith of the Enlightenment	360
§ 4 -	Final remarks on the christian idea of cultural development	362
	The methodical application of the Christian Idea of cultural development in historical science	364
CHAPTER V - THE SUBJECT-OBJECT RELATION IN THE MODAL ASPECTS		366
§ 1 -	Introductory formulation of the problem	366
§ 2 -	The subject-object scheme in immanence philosophy	367
	The subject-object relation in Scholastic philosophy, and in modern pre-Kantian metaphysics	367
	The subject-object relation as an epistemological schema and the identification of the object and the ‘Gegenstand’ of theoretical knowledge	368
§ 3 -	The coherence between the modal subject-object relation and the retrocipatory meaning-structures of a law-sphere. The subject-object relation in the modal aspect of feeling	370
	The internal modal subject-object relation in contrast to the theoretical ‘Gegenstand’-relation	370
	Modal objectivity cannot be reduced to modal law-conformity	370
	The necessary functional coherence between a sensitive subjective feeling of extension and an objective sensory image of space	372
	Implicit objectification in the modal aspect of feeling	373
	The objectification of pre-psychical modal subject-object relations in the aspect of feeling	374
	The representational relation (Abbild-Relation) within the objective perceptual image. The pre-psychical aspects cannot be psychically represented and do not produce a psychical copy	375
	A sensory copy is an implicit, dependent object-structure in the modal meaning of the psychical law-sphere	376

 

[pagina XIX]

		Page
	Is an objectification of post-psychical subject-functions and subject-object relations possible in the objective sensory perceptual image? The modal sphere-universality of sensory perception in the objective direction	376
	The objectification of symbolical and post-lingual anticipations in the objective sensory image of a thing or event. Conventional and non-conventional, explicit and implicit symbolism	379
	The lingual anticipation in objective sensory symbolism which has no natural coherence with the meaning signified. Abstract symbols	380
§ 4 -	The subject-object relation in the aspect of space	383
	The subject-object relation in the modal aspect of space	383
	The dependent existence of a point in space	383
	The antinomy in the construction of the so-called ‘continuum of points’	385
§ 5 -	The subject-object relation in the modal aspect of analysis and the struggle between nominalism and realism	386
	The Scholastic doctrine of the logical intentional object	387
	The logical object-side of temporal reality. The content and the object of a concept are not identical	389
	The limits of logical objectivity	390
	The element of truth in the so-called ‘geisteswissenschaftliche Methode’	390
§ 6 -	The subject-object relation in the juridical aspect and the problems of subjective right	391
	The ‘thing’ concept with the Roman jurists	393
	The distinction between corporeal and incorporeal things in Roman jurisprudence	393
	The conception of subjective rights in the theory of natural law	395
	Hegel's theory of volitional power	396
	The distinction between jura in personam and jura in rē	398
	The consequence of the elimination of the juridical subject-object relation is the cancelling of the concept of subjective right	398
	The volitional theory in its positivistic-psychologistic form	400

 

[pagina XX]

		Page
	The theory of interests also eliminates the juridical subject-object relation	400
	The fundamental difference between juridical competence and subjective right. The content and the object of a subjective right are not indentical	402
	Subjective right and reflex permission	404
§ 7 -	The juridical subject-object relation and the limits within which juridical objectification is possible	405
	The modal meaning of the juridical object	405
	The cosmic boundaries of the possibility of juridical objectification. The economical and historical analogies in the juridical object-function	406
	The possibility of moral and pistical anticipations in the juridical object-function	407
	The construction of rights to rights	408
	The cosmic boundaries of the possibility of juridical objectification and the juridical meaning of slavery	411
	The so-called rights of personality and the juridical subject-object relation	412
CHAPTER VII - THE PROBLEM OF INDIVIDUALITY WITHIN THE MODAL CADRE OF THE LAW-SPHERES		414
§ 1 -	The modal functions of individuality and the gradations of the modal individuality of meaning	414
	The distinction of juridical facts according to the modal structural moments of juridical meaning	414
	The typical structures of juridical facts in which the modal distinctions are individualized	416
	True structural concepts of individuality can never be acquired by means of the current method of gradual abstraction	417
§ 2 -	The elimination of the modal meaning-individuality in the form-matter-scheme of immanence-philosophy	417
	Individuality in Kant's form-matter-scheme	420
	The Baden School and the problem of individuality	421
	The consequences for jurisprudence of the distortion of individuality because of its subsumption under the form-matter scheme	422

 

[pagina XXI]

		Page
	The consequences of the form-matter scheme for the view of individuality show that this scheme is not capable of accounting for the real states of affairs	423
§ 3 -	Original, retrocipatory, and anticipatory types of meaning-individuality within the modal structure of the law-spheres	423
	The subject-object relation in the modal types of individuality	425

 

PART II - THE EPISTEMOLOGICAL PROBLEM IN THE LIGHT OF THE COSMONOMIC IDEA

CHAPTER I		429
§ 1 -	The way in which the epistemological problem is posed on the immanence-standpoint and the metaphysical background of the critique of cognition rooted in this standpoint	429
	The inter-modal systasis of meaning as the condition for all theoretical synthesis	429
	The erroneous identification of the datum in cognition and that which has been theoretically isolated	431
§ 2 -	The critical formulation of the epistemological problem. meaning-systasis, logical synthesis and inter-modal synthesis of meaning	433
	The necessity of distinguishing between analytical synthesis and inter-modal theoretical synthesis of meaning	434
§ 3 -	The kantian distinction between analytical and synthetical judgments	435
	The relation between the logical and linguistic structure of a judgment. The multivocality of the word ‘is’	436
	The distinction between ‘formal object’ and ‘material object’	438
	Criticism of Pfänder's theory about analytical and synthetical judgments	441
	Sigwart's and Schleiermacher's interpretations of Kant's distinction	442
	Kant's dualistic cosmonomic Idea as the background to the distinction	444
	Sigwart confounds the linguistic and the logical structure of a judgment	444

 

[pagina XXII]

		Page
	Can Aristotle's theory of the categories have influenced Kant's distinction?	445
	The rationalistic conception of the analytical is in an impasse with regard to the logical criterion of the truth of concrete experiential judgments	449
§ 4 -	The distinction between analytical and synthetical judgments and the limits of meaning of logical formalization	450
	Husserl's conception of analytical judgments as completely formalized propositions	450
	The supposed purely analytical character of modern symbolical logic	451
	A criticism of Husserl's conception of complete formalization. A cosmological meaning-analysis of the analytical relation of the whole and its parts	453
	Husserl's formalization implies an inter-modal synthesis of meaning of which he is not aware	456
	The cosmic limits of the possibility of formalizing in the formation of concepts	458
	The false formalism in the formation of concepts and the multivocality of formalistic notions	459
§ 5 -	The problem concerning the possibility of a so-called formal logic as a science	460
	The distinction between analytical and synthetical judgments should be replaced by that between theoretical judgments of an implicit and those of an explicit synthetical structure of meaning	460
	The systatic structure of the non-theoretical judgments of experience	462
	Is a theoretical logic possible as an independent science?	462
	The seeming paradox of the analysis of the analytical aspect	462
	Is ‘formal logic’ possible? What is to be understood by a Christian logic?	464
CHAPTER II - THE STRUCTURE OF THE INTER-MODAL SYNTHESIS OF MEANING AND ITS TRANSCENDENTAL AND TRANSCENDENT PRE-REQUISITES		466
§ 1 -	The theoretical character of the ‘gegenstand’ in the scientific cognitive process	466
	Is it possible to speak of the ‘Gegenstand’ of knowledge?	467
	The enstatic and the antithetical attitude of thought	468

 

[pagina XXIII]

		Page
	The problem of meaning-synthesis is rooted in the problem of time, in the problem of the ἐποχή from the continuity of the temporal cosmic meaning-coherence	468
	Varieties of ‘Gegenstände’	469
§ 2 -	The relation between inter-modal meaning-synthesis and deepened analysis. The objective analytical dis-stasis and the analytical character of the theoretical ἐποχή	469
	The reason why the naïve concept of a thing cannot be based on an inter-modal synthesis of meaning. The analytical character of the ἐποχή	470
	The disclosure of the logical anticipatory spheres in the prelogical ‘Gegenstand’	471
	The deepening of the logical object-side of reality in theoretical thought. The objective-analytical dis-stasis	471
§ 3 -	Intuition in the continuity and in the functional refraction of cosmic time	472
	Actual analysis exceeds the modal limits of the analytical law-sphere	473
	Self-reflection on the modal functions as being our own	474
	The misconception with regard to the possibility of non-intuitive knowledge. All theoretical knowledge rests on conscious insight	475
	Volkelt's incorrect contrast of logical necessity and intuitive certainty	475
	Even sensory impressions can only be related to myself and to things by conscious intuition	477
	The inter-modal synthesis of meaning is only possible through the theoretical intuition of time	478
	The relation between theoretical and pre-theoretical intuition. Cosmic and cosmological self-consciousness	479
	Rejection of a separation between intuition and analysis	480
	The metaphysical psychologizing of intuition in Bergson	480
	Why theoretical intuition can never operate apart from the analytical function. Intuition and instinct	483
	Even pre-theoretical intuition cannot function without logical distinction	484
§ 4 -	The limits of a concept and of a definition, and the so-called phenomenological attitude of mind	485

 

[pagina XXIV]

		Page
	The internal antinomy in the idea of an adequate ‘Wesensschau’	486
	Phenomenology is a more dangerous adversary of a Christian philosophy than any other variety of immanence-philosophy	487
CHAPTER III - THE PROBLEM REGARDING THE POSSIBILITY OF THE SYNTHESIS OF MEANING IN THE SO-CALLED CRITICAL TRANSCENDENTAL PHILOSOPHY OF KANT		491
§ 1	The dogmatic character of the crypto-religious attitude in critical epistemology	491
	The reason why in this context we do not discuss the doctrine of the transcendental Ideas of the Kritik der reinen Vernunft and base our exposition for the present on the second edition only	492
§ 2 -	Kant's doctrine of the synthesis and of the unity of our self-consciousness	494
	The influence of the metaphysical substance-concept upon Kant's epistemology	495
	Kant's first discussion of the problem of synthesis. His lack of distinction between the logical synthesis and the intermodal synthesis	496
	The internal antinomy in Kant's conception of the transcendental unity of self-consciousness	500
	Summary of our criticism of Kant's conception of the transcendental unity of self-consciousness	502
§ 3 -	The problem of the inter-modal synthesis of meaning in Kant's so-called transcendental logic	503
	In Kant's transcendental categories the problem of the intermodal synthesis of meaning has not been seen	504
	Criticism of Kant's table of categories	508
	The problem of the inter-modal synthesis in Kant's doctrine of the ‘transcendental imagination’ (‘transzendentale Einbildungskraft’)	513
	The doctrine of the categories does not belong to general epistemology but to the cosmological analysis of the modal meaning-structures	517
§ 4 -	How the problem of the inter-modal synthesis of meaning has been avoided in Kant's ‘transcendental doctrine of the faculty of judgment’	517

 

[pagina XXV]

		Page
§ 5 -	The problem of the intermodal synthesis of meaning in the first edition of the ‘kritik der reinen vernunft’ according to Heidegger's interpretation	520
	How Heidegger approaches Kant's critical transcendental philosophy	523
	Heidegger's conception of transcendence	525
	The problem of the primary (ontological) synthesis in Heidegger	526
	Is there really a point of contact in the first edition of the Kritik der reinen Vernunft for Heidegger's interpretation?	532
§ 6 -	The functionalistic ‘thesis of consciousness’ (‘satz des bewusztseins’) and the view of the limits of experience in the light of the cosmonomic idea	536
	The influence of the Kantian conception of ‘empirical reality’ in the normative special sciences	537
CHAPTER IV - THE STRUCTURAL HORIZON OF HUMAN EXPERIENCE AND OF CREATED ‘EARTHLY REALITY’		542
§ 1 -	The a priori moments in human experience and the idea of the structural horizon of experience	542
	The meaning of the word a priori in immanence-philosophy	542
	Why the contrast between a priori and ‘empirical’ is useless to us	546
	The reason why Scheler's conception of experience is useless to us	546
	The structural and the subjective a priori in human experience	547
	The horizon of human experience	548
	The identity of the horizon of human experience and that of our ‘earthly’ cosmos is not to be interpreted in the sense of a transcendental idealism	548
	The obfuscation of the horizon of human experience by sin. The necessity of the light of Divine Revelation	549
	Kant's so-called categories of modality	550
	The truly transcendental Idea of possibility and necessity is related to the horizon of the full actual reality	551
§ 2 -	The structure of the horizon of human experience and the levels of the a priori	552
	The transcendent dimension of the horizon of experience. The religious a priori	552

 

[pagina XXVI]

		Page
	The transcendental dimensions of the horizon of experience. The a priori of the temporal meaning-coherence	552
	The horizon of the modal a priori structures of human experience	553
	The synthetical a priori of theoretical experience	554
	The synthetical a priori, too, is not to be understood as a constructive creation of the human mind	555
	The system of the law-spheres is an open one	556
	The horizon of the structural principles of individuality	557
	The plastic character of the horizon of the structures of individuality	557
	The interlacements of these typical structural principles	558
	Remark on the so-called ‘universalia ante rem’ in God's Mind	559
	The perspective structure of the horizon of experience. The dependence of our knowledge about the cosmos on our self-knowledge and on our knowledge of God	560
	The restriction of our human experience of the religious fulness of meaning by time is no restriction to time	561
	The law-conformable structure of human experience in the transcendent horizon is originally a law of freedom	563
	The standing in the Truth as freedom in the transcendent horizon of experience	564
	The problem concerning the relation between reason and faith	564
§ 3 -	The perspective structure of truth	565
	Truth as the agreement between thought and being in realistic metaphysics	566
	The criterion of truth in Kant	567
	The phenomenological conception of the transcendental horizon of a priori theoretical truth	569
	The perspective structure of truth	571
	The meaning of the word truth in Holy Scripture	571
	The a priori temporal dimensions of truth	573
	The Idea of transcendental-theoretical truth	575
	The criterion of transcendental theoretical truth in this Idea of verity	576
	The demand that the a priori theoretical insight shall be justifiable in the forum of the Divine world-order	577

 

[pagina XXVII]

		Page
	Only the acceptance of the perspective structure of truth can break the spell of subjectivism in philosophic insight	577
	The accordance with the principium exclusae antinomiae as the primary criterion of transcendental theoretical truth	579
	The second criterion of transcendental theoretical truth	579
	The dynamical character of so-called experimental truth in the theoretical process of the disclosure of temporal reality	580
§ 4 -	The individuality of human experience in Scheler's phenomenology	583
	Scheler's theory concerning the individuality of absolute truth as ‘truth of personal validity’ (‘personalgültige Wahrheit’)	584
	Criticism of Scheler's conception of the individuality of personal experience and of absolute truth	590
§ 5 -	The individuality of human experience within the structural horizon of experience and the view of man as a microcosm	592
	The view of man as a microcosm is unserviceable	592
	The societal structure of human knowledge within the temporal horizon	594
	Again about the criterion of Truth	396