A New Critique of Theoretical Thought. Deel 3. The Structures of Individuality of Temporal Reality

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A NEW CRITIQUE OF THEORETICAL THOUGHT

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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 Ist Christian Secondary School of Rotterdam

VOLUME III

THE STRUCTURES OF INDIVIDUALITY OF TEMPORAL REALITY

THE PRESBYTERIAN AND REFORMED PUBLISHING COMPANY

1969

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LIBRARY OF CONGRESS CATALOGUE CARD NUMBER A 54-7310

 

Original title:

DE WIJSBEGEERTE DER WETSIDEE

 

Printed in the United States of America

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CONTENTS

 

PART I - THE STRUCTURES OF INDIVIDUALITY OF TEMPORAL THINGS

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CHAPTER I - THE MISINTERPRETATION OF NAÏVE EXPERIENCE BY IMMANENCE-PHILOSOPHY		3
§ 1 -	The metaphysical concept of substance as a speculative exaggeration of a datum of naïve experience	3
	Substance as the personal point of reference of temporal being in August Brunner	5
	The concept of substance in Greek metaphysics	7
	A more detailed critical analysis of Aristotle's concept of primary substance	9
	Is the primary substance to be interpreted as a structure of being? The view of Michael Marlet	15
	Bertrand Russell's identification of substance and the thing of naïve experience	18
	Russell's concept of an event. Russell's debate with Whitehead	21
	Russell's identification of naïve experience with the ontological theory of naïve realism	22
	Russell's logical mathematical concept of structure	24
	The fundamental difference between the Aristotelian-scholastic and the modern Humanistic concept of substance	26
	The critical concept of substance as a synthetical a priori concept of function and the misconception of the naïve experience of a thing as experience of a ‘Gegenstand’	27
§ 2 -	The naïve attitude to reality and its misconception as an ‘abbild-theorie’ (copy-theory). The untenability of functionalistic interpretations	28
	Naïve experience is not neutral with respect to the religious position of the I-ness	29
	Does a person of modern culture still have a really naïve experience?	30

 

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	Naïve experience and social praxis. The so-called primitive attitude and the complicated problem of animism	32
	Once again the misinterpretation of naïve experience as a copy theory (Abbildtheorie)	34
§ 3 -	The supposed refutation of naïve experience by the results of special sciences. The theory of the specific energies of sense organs	36
	The theory of the specific energies of the sense-organs	39
	The problem of the so-called inadequate stimulus	41
	What remains of Müller's evidence?	42
	The theory of Helmholtz	43
	The misunderstanding in Riehl's interpretation of naïve experience	44
	The interpretation of our naïve experience of a thing by Riehl, Rickert and Natorp	46
	An important moment in Riehl's conception of the reality of a thing (Ding-wirklichkeit)	47
	Rickert's criticism of ‘critical realism’	49
	Rickert's attitude toward naïve experience	49
	Natorp's view of the naïve experience of a thing as a logical synthesis lacking ‘Reinheit’ (purity)	51
CHAPTER II - THE STRUCTURE OF A THING		53
§ 1 -	Introduction	53
	The qualifying function in the structure of a linden	56
	The impossibility of terminating the reality of an individual thing in a specific modality. The typically qualified object-functions	56
	The typical structure of the internal opening-process and its coherence with the functional structure of the modal aspects	58
	The qualifying function indicates the intrinsic destination of a thing in the temporal world-order	60
§ 2 -	The unity of the thing-structure and the modal sphere-sovereignty	61
	The modal sphere-sovereignty of the different aspects of a thing is not affected by the internal structural principle of the individual whole	61
	The inter-modal character of the unity of a thing and the individual thing-causality	63

 

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	The internal thing-causality is neither to be explained in terms of a theory of parallelism, nor in terms of a theory of interaction between the modal functions	63
	A closer examination of Stoker's argument	64
	The continuity of cosmic time is not empty. Reality is present in the continuous intermodal temporal coherence	64
	Why the temporal identity of a thing cannot itself become a ‘Gegenstand’ of theoretical analysis	65
	A closer analysis of Stoker's substance-concept as he has provisionally explained it	68
	A return to neo-Scholasticism?	69
	A summary of my provisional objections against Stoker's substance-concept	74
§ 3 -	The inner articulation of structural types. Radical types, geno-types and variability types	76
	The structures of individuality as typical structures of temporal duration	78
	The inner articulation of structural types	80
	The concept of species in modern biology	80
	The difference between a classificatory and a typological method in modern psychology and psychiatry	81
	The so-called ideal-typical method in modern sociology and the typological concepts of dogmatic jurisprudence	82
	Radical types and the kingdoms of individual things, events, or relationships circumscribed by them	83
	Animal psychology and behaviourism	85
	The denominator of comparison of the radical types	87
	Why there does not exist a human radical type	87
	Radical types of a secondary order which are typically related to human social life	89
	The leading function and the foundational function of a structural whole	90
	The anticipatory structure of the foundational function does not affect its nuclear type of individuality	91
	Geno-, or primary types and variability types	92
	The internal differentiation of geno-types	94
	The philosophical implications of evolutionism	95
	The distinction between radical types, geno- or primary types and variability types is not limited to the kingdoms of natural things	85

 

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	The relation of structural type and subjective (or objective) individuality of a thing	97
§ 4 -	Structures of individuality hidden to naïve experience and disclosed through theoretical investigation	98
	Why can we not find any original types of individuality in the mathematical modalities?	99
	The internal structure of so-called chemical elements	100
	The internal structure of a living cell	102
CHAPTER III - THE SUBJECT-OBJECT RELATION IN THE THING-STRUCTURE OF REALITY		104
§ 1 -	The inner structural character of the subject-object relation in a thing	104
	The structure of a thing expresses itself in each of its modal aspects of meaning	104
	The internal structural-character of the qualifying function	105
	The structural principles are not dependent on the genesis of individuals in which they are realized	106
	Objective thing-structures qualified by a psychical structural function	106
	Nowhere else is the intrinsic untenability of the distinction between meaning and reality so conclusively in evidence as in things whose structure is objectively qualified	107
	Reality as a continuous process of realization	109
§ 2 -	The objective thing-structure of a sculpture	109
	Do all works of fine art actually have an objective thing-structure? If they do not, can we still speak of ‘works of art’ as a secondary radical-type?	110
	Analysis of the internal typical structure of Praxiteles' Hermes with the boy Dionysus	111
	The complicated representational relation in the objective-sensory aspect of sculpture	113
	Productive and reproductive fantasy respectively in the creation and appreciation of a work of art	114
	The merely intentional character of the object of fantasy	115
	The typical foundational function of a sculptural work of art and the problem of its modal determination	117
	Why the typical foundational function of the work of art cannot be found in the natural leading function of the marble	119

 

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	The sensory structural function of Praxiteles' Hermes does not have an original individuality	120
	The typical historical foundational function of a sculpture in connection with the stylistic element. Style as a differentiating factor in its geno-type	120
	The secondary radical-type of a work of art reconsidered. Why all secondary radical types of man-made complete things imply two radical functions	122
	The interwovenness of a natural and an aesthetically qualified structure in a sculptural work of art, as an enkaptic binding of the former	123
	Homogeneous aggregate and a non-homogeneous individual whole	124
	The internal unity of the art-work is also disturbed by a dualism between the typical foundational and the leading function	125
	The natural structure of individuality of the marble material is not abolished but its meaning is enriched and opened in its enkaptic function within the inner structure of the work of art	126
	As such the moulded marble is a variability- of pheno-type of the sculptural art-work	127
§ 3 -	Radical types of other normatively qualified objective thing-structures	128
	The radical type of everyday utensils and the enkaptic interwovenness of their structure of individuality with the natural structure of the materials	129
	The structural type of the so-called semi-manifactured products	131
	Analysis of the internal structural functions of a chair in relation to the modal foundational system of law-spheres	132
	The typical foundational function of utensils and the problem of the individual identity of a thing	135
	The typical qualifying function in the radical type of utensils	137
	The relation between free and applied or bound art	138
	The structural function of furniture styles and the pompous character of the style Louis XIV	140
	A reconsideration of the difference between the objective leading structural function of things and the merely subjective purposes to which they can be made serviceable. A new problem	143

 

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§ 4 -	Actualization and inactualization of the objective qualifying function of objects typically founded in the historical aspect	143
	The radical type of things qualified by an object function in the faith aspect	144
	The routine view of modern daily life may not be confused with actual naïve experience. A restatement of the relation between intuitive and symbolic knowledge according to modern phenomenology	145
	The inactualization of the objective leading function of useful objects	146
	The three figures in the subject-object relation of these thing-structures: the intentional representational relation, the unfolding relation and the actualization relation	147
§ 5 -	The relation between the internal structural principle and the modal foundational system in the subject-object relation of symbolically qualified things. The biotic structural function in the unfolding- and actualization relations	149
	The biotic structural function of things in the unfolding-relation of their objective empirical reality	150
	In their inner structure, things objectively symbolically qualified and historically founded, lack the previously analysed representational relation to an intentional object that itself is not symbolically qualified	150

 

PART II - STRUCTURES OF INDIVIDUALITY OF TEMPORAL HUMAN SOCIETY

CHAPTER I - THE BASIC PROBLEM IN THE STRUCTURAL PRINCIPLES OF TEMPORAL HUMAN SOCIETY		157
§ 1 -	Introduction. The structural principles of human society as the transcendental conditions of our experience of variable factual societal relationships. The basic problem of sociology as a totality-science	157
	The pseudo-natural scientific concept of structure in modern sociology	158
	Sorokin's over-estimation of the rôle of legal norms in all organized groups	160
	Sorokin's solution of the totality-problem in general sociology	162
	The uncritical character of sociological universalism	163

 

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	Gurvitch's universalist construction of all-inclusive societies	164
	Oppenheimer's universalist construction of human society	166
	The three forms of universalism	167
	The three transcendental problems of a theoretical total view of human society	168
	The principle of structural sovereignty of every type of societal relationship within its own inner orbit, and the undifferentiated societies	170
§ 2 -	The societal forms and their relation to the structural principles of the different types of societal relationships	172
	The totality-character of the societal forms is disregarded by the so-called formal sociology	172
	The difference between the transcendental structural principles of human society and the subjective socio-political principles (maxims)	173
	The societal forms and the factual societal relationships. The temporal duration of both	173
	Constitutive or genetic, and existential social forms	174
§ 3 -	Some preliminary transcendental distinctions	176
	Communal relationships and inter-individual or inter-communal relationships. Their correlativity	177
	Organized and un-organized communities (‘Verbände’ and natural communities)	178
	Sociological individualism as an absolutization of the inter-individual relationships	182
	Tönnies' conception of ‘Gemeinschaft’ and ‘Gesellschaft’	184
	The transcendental significance of the general distinction between differentiated and un-differentiated societal relationships for the historical examination of human society	186
	Institutional communities and voluntary associations	187
	Associatory and authoritarian forms of association. Indirectly compulsory organizations	190
§ 4 -	The naïve experience of the continuous unity and identity of supra-individual (organized) communities and of natural communities exceeding the two-oneness relation. The fundamental difference between the structure of a multiple human community and that of a thing	192

 

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	The fundamental error involved in the interpretation of the naïve experience of a communal whole in terms of a sociological individualism	193
	Why sociological universalism cannot account for the data of naïve experience	194
	The dangerous implications of any sociological universalism	195
	The structural character of an organized communal whole. Its difference from a thing-structure	196
§ 5 -	The problem concerning the unity and identity of an organized community in greek and medieval realistic metaphysics	198
	The influence of the form-matter motive upon the Greek conception of the polis. Protagoras' depreciation of the gentilitial organization	199
	The dialectical tension of the form-matter motive in Plato's universalist conception of the ideal State	200
	The metaphysical foundation of the universalistic view of the polis in Aristotle	201
	The household as an economic community and its three forms of authority	201
	The universalist view of the conjugal and family-bond	203
	Is there a connection between Aristotle's universalist view of the polis and the undifferentiated structure of the earlier Greek society?	204
	The corporative occupational classes in Aristotle's ideal State	205
	The conception of the organized societal whole as a real unity whose identity is guaranteed by its constitution (taxis). The State as a unity of political order (unitas ordinis)	206
	The Aristotelian solution of the problem and its influence upon the Stoic construction	208
	The influence of the universalist view upon Aristotle's theory of the governmental forms of the State	210
	Was Aristotle aware of the fundamental difference and correlativity of communal and inter-individual relationships? His distinction between commutative and distributive justice	211
	The radical opposition between the Christian view of the body of Christ and the Greek view of the perfect community	214
	Why this religious basic Idea could not be successfully worked out in a radical Christian theory of social relationships during the Middle-Ages. The universalist view of the holy Roman empire	217

 

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	Thomas Acquinas' synthesis of the Christian idea of the corpus Christi with Aristotle's metaphysical theory of society	218
	The Thomistic theory of organized communities has no room for sphere-sovereignty, but only for the autonomy of the lower communities. The difference between these two principles	220
§ 6 -	The problem concerning the identical unity of organized communities in the older individualistic and universalistic nominalist theories	222
	The rationalistic-nominalist concept of function in the theory of organized communities in opposition to the Aristotelian metaphysical realistic concept of substance	223
	The universalist theory of societal relationships of the Roman Stoa and their functionalist and nominalist conception of the unity of the corpora ex distantibus	224
	The identity of an organized community is conceived of by the Stoics in a predominantly functional-juridical sense	226
	Why the Stoic conception of the social nature of man cannot explain the inner unity and authoritative structure of organized communities. How it differs from the realistic-metaphysical theory	227
	The uniting of the theory of the social instinct in human nature with the construction of a social contract	231
	The influence of the juridical fiction theory of the canonists on the view of organized communities	233
	The union of the fiction theory and the individualistic contract theory in Humanistic natural law	235
	The external and individualistic conception of the difference between the organized communities according to the subjective goals of association implied in the social contract	237
§ 7 -	The problem of the unity of an organized community in sociology and philosophy of society	238
	Individualism versus universalism in the modern view of human society from the immanence-standpoint	238
	The individualistic nominalistic trends in modern sociology in their confrontation with the problem of the unity of an organized community	241
	The revival of the concept of substance in modern universalistic theories. The idealistic irrationalistic conception of the State as ‘Überperson’, in contrast to the ancient impersonal and the modern naturalistic-biological conceptions	243

 

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	The general will or the will of an organized social whole as the latter's substantial unity. Hegel's idea of the State	244
	Gierke's theory of the ‘Gesammtperson’	245
	Why also in its modern sense the dilemma of individualism and universalism is impossible on a radical Christian standpoint	246
	The imputation of the dilemma: individualism or universalism, to the Christian religion by Weber and Troeltsch	247
	The relation between the individual and Gemeinschaft (community) in dialectical-phenomenological sociology	248
	The dialectical-monadic structure of the ‘ego’, as act-centre, is misinterpreted, according to Litt, both in the functionalistic and the substantialistic view. The ‘reciprocity of perspectives’	250
	The social interwovenness of the ego in the ‘Gemeinschaft’ (community) of the ‘closed sphere’	251
	The inner unity and continuity of the essential community is guaranteed with Litt by the ‘soziale Vermittlung’	253
	Critique of Litt's theory. A new type of universalism	254
	The elimination of the normative aspects in Litt's phenomenological analysis of the essence of a ‘Gemeinschaft’	255
	The universalistic-historical conception of the ‘final or highest social unity’ in Litt's theory	258
	The application of Litt's theory to jurisprudence and the theory of the State. Siegfried Marck and Rudolph Smend	259
	Summary	260
CHAPTER II - THE TYPICAL STRUCTURAL PRINCIPLES OF THE NATURAL AND THOSE OF THE ORGANIZED AND UNDIFFERENTIATED INSTITUTIONAL COMMUNITIES		262
§ 1 -	Introduction. The relation between positive sociology and the philosophy of human society	262
	The relation between our social philosophy and positive sociology	263
A - THE STRUCTURAL PRINCIPLES OF THE NATURAL INSTITUTIONAL COMMUNITIES
§ 2 -	The structural principle of the natural family in its strict sense	266

 

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	The typical leading function of the immediate family-relationship. Refutation of the opinion that the latter does not have a typical leading function which qualifies its inner destination	267
	The intrinsically moral character of the bond of love between parents and children is not affected by its typical biotic foundation	270
	The structural principle and the internal unity of the family. The effect of sin	271
	The destructive character of the Kantian principle of autonomy with respect to the internal moral communal relations of the family. The authoritative nature of the latter	273
	The expression of the structural principle in the internal legal relations of the family in its narrowest sense	275
	The inner structural relations in legal subjectivity	278
	The internal juridical relations within the family and the individualistic way in which law and morality are opposed to each other	280
	The insuffiency of the juridical concept of function. The individualistic construction (based on the theory of ‘natural law’) of the internal juridical relations within the family	282
	Juridical sphere-sovereignty as the ultimate inner limitation of the original competence of the different law-makers, according to the structural principles of the societal relationships concerned	282
	The expression of the structural principle in the aesthetic aspect of the internal family relations	283
	The internal structural principle of the family also expresses itself in its aspects of social intercourse and language	284
	The expression of the structural principle in the cultural aspect of the family	286
	School and family	287
	The typical structure of internal communal thought within the family; the sociology of thought	288
§ 3 -	An analysis of the pre-logical structural aspects of the family relationship	289
	The structural principle expresses itself also in the pre-logical aspects of the family relationship. The trap hidden in a purely naturalistic view of these meaning-functions	289
	The psychic structural aspect of the family	293
	The internal subject-object relation in the psychic and the later structural aspects of the family	294

 

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	The internal psychic interlacements between the members of a family cannot be mechanically isolated from the feelings of the individuals	294
	Does a communal whole as such have its own life of feeling and thought, distinct from that of its members?	295
	The organological conception of the communal whole	296
	Does the community feel, think, etc. in its members, or do the latter think, feel etc. in the communal relationship?	298
	How the family relationship expresses its structural principle in the biotic, the spatial and the numerical aspects	299
	The expression of the family structure in the faith aspect	303
	The structural opening-process in the modal functions of a family cannot be arrested by its typical moral qualifying function	303
§ 4 -	The structure of the bi-unitary marriage-bond and its connection with the family	304
	The changes in the number of the family members are restricted within narrow limits, in accordance with the structural principle of this relationship	304
	Marriage is a necessarily bi-unitary bond. Even in polygamy the marriage bond does not itself assume a multiple character	305
	The marriage and family bond have individuality structures of the same radical type	306
	Is the conception of marriage as a legal institution contradictory to the view that marriage is qualified as a bond of love?	307
	Is the continuity of the marriage bond to be guaranteed exclusively by civil law or canon law?	309
	The true sense of the civil law (or, at a more primitive stage of society, the tribal law) and the canon law regulations of marriage. Their relation to the internal structural principle of the marriage bond	310
	The false legalistic view of the question concerning divorce	311
	The Thomistic view of the natural essential character of marriage in connection with the theory of the bona matrimonii. Marriage as an institution of natural law	312
	Agapè, eros and original sin in Luther. The influence of the Thomistic natural-law conception in scholastic Protestant ethics	314
	The conception of the marital relationship under the contractual viewpoint in canon law and in the Humanistic doctrine of natural law	316

 

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	Reaction in post-Kantian German Idealism in favour of the conception that marriage is a love-union between husband and wife. The Romantic ideal of ‘free love’ versus the institutional character of marriage	317
	The recent reaction in Roman Catholic circles in favour of the recognition of the ‘primacy of love’. The ‘new tendency’ and the encyclical ‘Casti connubii’ (1930)	319
	The internal deepening of the marriage bond by the formation of a family	322
	The internal structure of marital authority	324
	Marital authority and the normal emotional aspect of matrimony. Can psychology speak of ‘normal’? Cultural influences on female emotional life	325
	The structural authoritative moment in the internal juridical, aesthetic, and social (intercourse) functions of the conjugal bond	327
	The original biotic foundation of marital authority, which cannot be interpreted as its ground of justification	329
	The structural principle should also be the ὑπόϑεσις of ethnological researches after marital relations. The interpretation of the facts in accordance with their meaning-structure and the positivistic attitude in science	330
	The misinterpretation of the so-called matriarchal phenomena in the older evolutionist ethnology	330
	The ‘Kulturkreislehre’ and the normative evaluations of married and family life among primitive peoples	332
	The matriarchal phenomena in the light of the cultural-scientific method of investigation and of the theory of the individuality structures	337
	Levirate, sororate, brother polyandry and the so-called ‘pirra-ura’, as abnormal external forms in which marital and family relations have been interwoven	339
§ 5 -	The structure of the natural family- or kinship community in its broader sense	342
	Why the natural family or kinship-community in its broader sense cannot be an organized community	342
	A kinship community in its broader natural sense is differentiated into wider and narrower circles	343
	The expression of the structural principle of the kinship community or cognate community in their different modal aspects	344

 

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B - THE UNDIFFERENTIATED ORGANIZED COMMUNITIES
§ 6 -	Different types of undifferentiated organized communities	346
	The general character of undifferentiated organized communities	346
	The organized communities with an undifferentiated qualification are historically founded forms of interlacement of social structures	347
	The structural interweaving in the patriarchal ‘joint family’	350
	The structural interweaving within the sib or clan	353
	In the undifferentiated organized communities one of the interwoven structures assumes the rôle of the leading structural principle	357
	The undifferentiated character of the typical foundational function of the primitive forms of interweaving	359
	Primitive forms of structural interwovenness under the guidance of the political structure. The more strongly organized tribal community	361
	The structural interwovenness implied in the secret ‘men's societies’	363
	The origin of the ‘men's societies’	365
	Other types of undifferentiated communities	367
§ 7 -	The undifferentiated organized communities and the schema of the whole and its parts in the universalistic theories which consider the family as the germ-cell of the state. The problem of the so-called ‘primitive primary norm’	368
	The Aristotelian theory of organized communities and the undifferentiated structure of the Greek phylae and phratries	368
	The problem of the ‘primitive primary norm’ and the functionalistic conception of it. Somló's view	370
	The view of Fritz Münch	372
	Primitive primary norms should not be identified with the internal structural norms of a differentiated societal relationship. A revision of my former view of this question	374
	Primitive primary norms are essentially interweavings of various structural norms	375

 

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PART II (CONTINUATION) - THE STRUCTURES OF THE DIFFERENTIATED INSTITUTIONAL COMMUNITIES WITH A TYPICAL HISTORICAL FOUNDATION

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CHAPTER III - THE STRUCTURAL PRINCIPLE OF THE STATE		379
§ 1 -	Introduction to the inquiry into the structure of the state institution. The crisis in the theory of the state and the dialectical process in the development of the various theories	379
	The chaotic confusion in the conception of the nature of the State	380
	The character and the different meanings of a crisis in the theory of the State. The Greek Sophists and the Renaissance figure of Macchiavelli	381
	The recent crisis in the Humanistic theory of the State	382
	The supra-historical societal structures of ‘historical phenomena’	384
	The levelling of the individuality structure of the State in the overstraining of functionalistic thought	386
	The dialectical ‘cultural-scientific’ (‘geisteswissenschaftliche’) method applied to the general theory of the State. Rudolph Smend and the former ‘Berlin School’	387
	Heller's dialectical structural concept of the State, and the historicist view of reality	387
	The distinction between the State and the other organized communities according to the scholastic method of the search for a genus proximum and differentia specifica	393
	The problem of the relation between State and law in Heller's dialectical structural theory	394
	The crisis in the practical political life of the modern parliamentary democracies and the new irrationalistic and universalistic idea of the totalitarian State	396
	The dialectical basic problem in the development of the political theories oriented to the immanence-standpoint	397
	The dialectical tension between the juridical and the sociological conception of the state. The dualistic theory of the body politic	400
	The primary task of a Christian theory of the State. Rejection of the dialectical view of Emil Brunner	401

 

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§ 2 -	Organization as the ‘form’ of all historically founded communities and the typical foundational function of the state	404
	Organization and Organism	405
	Organization and ordering	406
	The antithesis between ‘organization’ and ‘organism’ in Siegfried Marck and Fr. Darmstaedter	408
	The relation between organization and the structural principle	410
	The empirical data concerning the State's character	411
	The typical foundational function of the State	413
	The myth of blood-relationship in the German national-socialistic ideology of the ‘third Empire’, and the typical foundational function in the structure of the State	414
	The fundamental error of considering all different forms of power as intrinsically equivalent components of the power of the State	416
	The original character of the individuality type of the foundational function. The seeming antinomy in the relation between foundational and leading function of the State	417
	The solution of this seeming antinomy. The anticipatory character of the foundational function does not affect its original type of individuality	419
	The structural subject-object relation in the monopolistic organization of military power over a territorial cultural area	422
	The typical foundational function of the State-institution marks the latter as an institution because of sin. The attempt to accommodate this Biblical conception to the Aristotelian philosophy of the State	423
	The levelling constructive schema of the whole and its parts confronted with the fourfold use of a fruitful idea of totality	424
§ 3 -	The typical leading function of the state and the theory of the so-called ‘purposes’ of the body politic	425
	The theories of the ‘purposes of the State’ bear no reference to the internal structural principle of the body politic	425
	The old liberal theory of the law-State as a theory of the purpose of the body politic	426
	The theory of the law-State in its second phase as the theory of the merely formal limitation of the purposes of the State. The formalistic conception of administrative jurisdiction	429

 

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	The third phase in the development of the theory of the law-State. The uselessness of any attempt to indicate the fundamental external limits to the State's task by the construction of limited subjective purposes of the body politic	431
	The objective-metaphysical ideology of the State, and the theory of the State as an absolute ‘Selbstzweck’ are equally objectionable	433
	The typical leading-function of the State in its indissoluble coherence with its foundational function	433
	The typical integrating character of the leading legal function in the structure of the State. The State's people as an integrated whole	437
	The real structure of the internal public law. In the monistic legal theories this structure is ignored and an unjustified appeal is made to legal history	438
	The real meaning of the absolutist idea of the State and the true idea of the law-State	441
	The idea of ‘the public interest’ and the internal limits set to it by the structural principle of the State	442
	The salus publica and distributive justice	444
	The civil law-sphere of the State	446
	The inner nature of the Roman ius gentium	448
	The radical difference between common private law and the undifferentiated popular or tribal law	450
	The State as an instrument used by the ruling class in human society to oppress the other classes. The depreciation of the classical ideas of public interest and the civil legal principles of freedom and equality in positivistic sociology	451
	The Marxian view of the State and of civil law	455
	The dispute about the possibility of a socialist civil law in the Bolshevist legal theory	458
	The Soviet civil law code of 1923 and its ruling principle. The influence of Duguit	459
	The so-called political pluralism	464
	The fundamental importance of our structural theory for the theory of constitutional law, the general theory of the State, and practical politics. The structural idea of the State cannot be used in a rationalistic deductive way	465
§ 4 -	The structural principle as it expresses itself in the different aspects of the state-institution, and the christian idea of the body politic	467

 

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	The expression of the structure of the State in the moral societal function of the love of one's country. State and nation	467
	Is the State the subject or the object of love of country? The objective conception is impossible	472
	The internal limits to love of country, and the principium exclusae collisionis officiorum	472
	Love of country and the problem of the international public relations	473
	The expression of the structural principle in the juridical forms of organization of governmental authority. The typical foundation of the different constitutional forms	477
	The expression of the structural principle in the aesthetic aspect of the State	479
	The expression of the structural principle of the State in the internal sphere of political economy	480
	The integrating function of the State in the internal political economy and the exaggeration and denaturing of this function in the modern absolutist idea of the State's economic autarchy	482
	The expression of the State's structural principle in the internal aspect of social intercourse	485
	The expression of the structural principle in the internal linguistic aspect of the body politic	487
	The expression of the structural principle in the historical function of the State	488
	The logical structure of political communion of thought, and the integrating function of ‘public opinion’	489
§ 5 -	The expression of the structural principle in the pre-logical functions of the state-institution. The idea of a christian state	492
	The psychical structural aspect of the State: the typical societal feeling of political solidarity	493
	The expression of the structural principle in the biotic aspect of the State. The political problem of races	494
	The theories about the State's territory and the methodical necessity to distinguish the modal aspects in the structure of body politic	499
	Political geography and the structure of the State's territory	500
	The expression of the structural principle of the State in the transcendental limiting aspect of the temporal order. The political function of faith	500

 

[pagina XXIII]

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	Is a Christian State possible? A false way of positing the problem	501
	The primary character of the structural theoretical problem in the discussion about the Christian Idea of the State	502
	The Revelation of God in the political structure of the State-institution	503
	Christ as the Prince of all the State-governments. The testimony of Holy Scripture	504
	Why the internal structure of the State does not allow it to have a Church confession. The integrating function of the State as a political community of faith	505
	The relation between common and particular grace. Rejection of the theory of the two realms	506
	CHAPTER IV - THE STRUCTURAL PRINCIPLE OF THE TEMPORAL CHURCH-INSTITUTION	509
§ 1 -	Introduction. The basic problem of the relation between the ‘ecclesia invisibilis’ and the ‘ecclesia visibilis’ in roman-catholicism and in the reformers	509
	The deviation from the Christian view of the State and the Church starts with the universalistic absolutizing of the temporal Church-institution. The Roman-Catholic conception of the Church	510
	The relation between the ecclesia visibilis and ecclesia invisibilis according to Luther. The influence of the nominalist-dualistic separation between ‘nature’ and ‘grace’	512
	The episcopal system	515
	The territorial system	517
	The collegial system	517
	Zwingli's conception of the institutional Church. Bullinger and Erastus	518
	Calvin's conception of the Church institution	519
§ 2 -	The transcendental limiting character of the individuality structure of the church institution. The church as an instrumental institution of regenerating grace, and the problem of church and sect	521
	The radical type of the temporal Church institution	521
	The relation between ‘particular’ and ‘common grace’ reconsidered	523
	The temporal Church institution as the instrument of renewing or regenerating grace	526

 

[pagina XXIV]

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	The institutional Church type and the sect-type. Troeltsch's view of both	527
	Critique of Troeltsch's conception of the church- and sect types	529
	Troeltsch's church- ant sect-types are both in conflict with the Christian transcendence-standpoint, on which a sect cannot be equal to the Church institution	532
	Does the temporal Church-institution have a higher value than the other societal structures?	534
§ 3 -	A further inquiry into the structural principle of the church-institution in its two radical functions	536
	The typical foundational function of the temporal Church institution	536
	The leading function of the temporal Church-institution. Community of confession is required by the structural principle. The idea of a national Church (above any division of faith) and the confessional Church	539
§ 4 -	The expression of the structural principle of the temporal institutional church in the internal authoritative organization of its offices and in its different modal-aspects	543
	The typical structure of authority in the temporal Church-institution	543
	The supposed ‘democratic’ character of the Reformed principles of ecclesiastic government	545
	The internal principle expresses itself in the moral aspect of the Church-institution as a community of love among fellow-believers in Christ	549
	The expression of the internal structural principle in the juridical aspect of the Church-institution. Sohm's denial of a true internal ecclesiastic law	551
	The antithesis between form and content in Church law in E. Brunner's dialectic conception	552
	The criterion of the internal Church law. Why its formal legal source is no criterion	554
	No ius divinum positivum	556
	The expression of the internal structural principle in the other aspects of the temporal Church-institution	557
	The spatial structural function of the institutional Church, and the internal sense of local Church formation	559
	The idea of the spatial universality of the Church in its static and its dynamic conception	560

 

[pagina XXV]

PART II (CONCLUSION) - THE STRUCTURES OF VOLUNTARY ASSOCIATIONS AND THE INTER-INDIVIDUAL AND INTER-COMMUNAL RELATIONSHIPS IN A DIFFERENTIATED SOCIETY

		Page
CHAPTER V - THE STRUCTURAL DIVERSITY OF VOLUNTARY ASSOCIATIONS AND THE CHARACTER OF THE INDIVIDUALIZED INTER-INDIVIDUAL AND INTER-COMMUNAL RELATIONSHIPS		565
§ 1 -	The transcendental character of our systematic categories and their relation to the individuality-structures of the societal relationships	565
	Why we were in need of preliminary transcendental distinctions in our systematic inquiry into the societal structures	565
	The transcendental social categories as the points of reference for the individuality structures	566
	The transcendental social categories as the connecting links between the modal and the plastic dimension of the temporal order of creation in its reference to the social human relationships	567
	The systematic categories of societal form and enkaptic social interlacement	569
§ 2 -	The constitutive significance of purpose in the genetic forms of voluntary associations and its relation to their internal structural principles. The genetic relation between these associations and the individualized and differentiated inter-individual relationships	570
	The internal leading function of the voluntary associations can never be identical with the purpose that its founders had in view	574
	The interlacement of internal communal and external inter-individual relations in the establishment of purpose and means of a voluntary association. The internal structure of a trade union	575
	The typical relation between purpose and internal structure in a criminal organization. Sinzheimer's legal sociological and Hauriou's ‘institutional’ view of a criminal association	577
	The process of individualization in the inter-personal relations as the emancipation of the individual man from the all-sided temporal embracement by the undifferentiated societal relationships. Once again TöNnies' antithesis between ‘Gemeinschaft’ and ‘Gesellschaft’	580
	The contrast between a large city and the country	581

 

[pagina XXVI]

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	The Christian view versus the individualistic idea of inter-personal relations	582
	Hegel's dialectical idea of the ‘bürgerliche Gesellschaft’	583
	Hegel's view of the corporative vocational classes	586
	Criticism of Hegel's view of society	587
§ 3 -	Individuality structures in the individualized free inter-individual and inter-communal relations, and the integrating tendencies in modern society	588
	Individuality-structures in the differentiated inter-individual and inter-communal relationships	588
	Primitive and opened inter-individual societal structures	590
	The integrating character of fashion. Fashion and national dress	591
	The economically qualified integration of contractual law in the different branches of the inter-individual industrial relationships	593
	The rationalizing process in modern society. Technical progress and science as rational integrating factors	594
	The growing influence of individualistic tendencies in modern society during the first half of the XIXth century and the irreconcilable struggle of the Christian idea of inter-individual relationship against them	595
	The international tendencies in the political integration of modern society. The so-called Christian solidarism and its universalist view of industrial life	596
	The international tendencies in the political integration of modern society	599
	The radical Christian idea of human freedom and the tension between the individualistic and the binding integrating tendencies in modern society	601
§ 4 -	A more detailed examination of some types of free association	603
	The structural prnciple of the restricted club	603
	The structural principle of the political party and some sociological definitions of the latter	605
	A primordial question. Can a political party have a normative structural principle? The political contrast between the parties, and political relativism	606
	The typical foundational function in the structural principle of a political party	609
	The leading function of a political party and the different meanings of the term ‘political’	611

 

[pagina XXVII]

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	The moral bond of political conviction and the organizational stratification. Pessimist sociological judgments of party-ethics	616
	The essential enkaptical interweaving between the political party and the State	618
	The political party in its relation to so-called ‘religious groups’. The ambiguity of the terms ‘ecclesiastical’ and ‘confessional’ parties	620

 

PART III - INTRODUCTION TO THE THEORY OF THE ENKAPTIC INTER-STRUCTURAL INTERLACEMENTS

CHAPTER I - THE FORMS OF ENKAPTIC INTERLACEMENT OF THING-STRUCTURES		627
§ 1 -	The inter-structural interlacement and the limits of the cosmological idea of individual totality	627
	The idea of the ‘universe’ in its universalistic conception. Plato's idea of the relation between micro-, meso- and macro-cosmos	627
	The individualistic conception of the idea of the universe. Kant's cosmological idea of the world	629
	The universe as the interwoven coherence of individuality-structures	630
	The meaning-character of the universal interwoven coherence within the plastic horizon and the reflection of this coherence within the separate individuality-structures	632
	The interwoven coherence of the individuality-structures and the teleological order of the Aristotelian ‘essential forms’	633
§ 2 -	The character of enkapsis in contrast to the relation of the whole and its parts	634
	The meaning of the term enkapsis in Haering and Heidenhain	634
	Why the term is unserviceable in this meaning	635
	The relation between the whole and its parts within the individuality-structures never has an enkaptic character. Some types of this relation	637
	The relation between a part and an enkaptic function. The modal functions of a thing are not its parts	638
§ 3 -	The different types of ordering in the enkaptical interlacements between thing-structures	640

 

[pagina XXVIII]

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	The irreversible enkaptic foundational relation	640
	The enkaptic foundational relation between molecule and cell	641
	Are organisms micro-physical systems? The theory of Jordan	644
	The qualifying function of a cell of a poly-cellular non-human body depends on the structure of the whole body	645
	The experiments made in connection with the transplantation and implantation of groups of cells, and in connection with the cultivation of free cell-cultures outside of the living organism	647
	Enkaptic symbiosis and the correlative enkapsis between creatures with a subjective vital function and their environment (‘Umwelt’)	648
	Typical collective structures of enkaptic symbiosis	649
	The enkaptic subject-object relations between animal or vegetable beings and their formations realized in an objective thing-structure	650
	The universal interwoven coherence of the thing-structures and the nodal points of these enkaptic interlacements	651
	The enkaptic interlacements of natural things in human societal structures	651
CHAPTER II - THE ENKAPTIC INTERWEAVING FORMS OF HUMAN SOCIETAL STRUCTURES		653
§ 1 -	Types of ordering in the enkaptic interlacements of human societal structures	653
	Primitive forms of interlacement and their enkaptic foundation in natural communal structures	653
	The different types of enkapsis between communal and inter-communal or inter-individual relationships, and the transcendental societal category of their correlation	654
	Why the enkaptic interlacement between natural communities and inter-communal or inter-individual relationships cannot display the type of a one-sided foundational relation	655
	The enkaptic foundational relation between the opened structures of inter-individual relations and those of free associations	657
	The foundational (non-genetic) enkaptic relation between natural institutional communal relationships and differentiated organized communities of an institutional character	658
	The foundational enkaptic relation between the organized institutional communities and the non-political inter-individual and inter-communal relationships in an opened and differentiated society	659

 

[pagina XXIX]

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	The correlative type of enkapsis in the inter-structural inter-twinements of the State with the international political relationships. International law and State-law	660
	Types of enkaptic interlacements of the opened, differentiated inter-individual societal relations with each other	661
	The territorial enkapsis of the other differentiated societal structures in the State	661
	Johannes Althusius' conception of the parts of the State	662
	Territorial and personal enkaptic interlacements	663
§ 2 -	The nodal points of the enkaptic interlacements between the human societal structures and the problem of the sources of law	664
	Constituent and constituted genetic forms of positive law	665
	The interlacement of the material spheres of competence in the juridical genetic forms. The clue to the solution of the problem of the sources of law and the error found in the prevailing theories	665
	The typical character of the juridical genetic forms is not in conflict with their function as centres of structural interlacements within the juridical order	667
	The juridical genetic forms interlace original and derivate spheres of competence	669
	The civil legal counterpart of an internal question of communal law and the criterion of juridical sphere-sovereignty	669
§ 3 -	A few applications of the theory of the enkaptic structural interlacements to questions of a juridical historical and a practical juridical nature	670
	The legal history of the medieval Germanic unions	670
	The structural interlacements in the positive organizational form of the late medieval craft-guilds	671
	Gierke's view of the structure of the craft-guilds	673
	Gierke's conception that the internal unity of the craft guilds was guaranteed by its juridical organization is untenable	677
	Art. 167 of the Dutch constitution. jo. art. 2. of the Judicial Organization Act in the light of the theory of structural interlacements	678
	Formal and material criteria of an illegal act in the judicial decisions relating to art. 1401 of the Dutch Civil Code	681
	Neither the contractual construction, nor Gierke's theory of the formal autonomy of private organized communities can give an account of the constant judicial opinion in question	684

 

[pagina XXX]

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	The original material spheres of competence cannot be eradicated by human arbitrariness	685
	The contractual construction of the internal law of organized communities is an absolute failure in the case of public law. The judicial opinion as to an unlawful action on the part of the government, judged according to the principles of common civil law	686
	The structural interlacement of civil law and internal communal law considered from the standpoint of art. 1401 of the Dutch Civil Code. The insufficiency of Gierke's theory of organized communities to account for this interlacement	687
	The question relating to an ecclesiastical assessment imposed upon baptismal members of the Dutch Reformed Church brought before a civil court, and the juridical sphere-sovereignty of the Church	689
	Respect for the original non-civil juridical spheres of competence does not imply respect for abuse of power	691
	The limits of the original competence of the legislator in the sphere of civil law	692
CHAPTER III - THE ENKAPTIC STRUCTURAL WHOLE AND THE CONCEPT OF SUBSTANCE IN MODERN PHILOSOPHY OF NATURE		694
	Introduction	694
§ 1 -	A provisional definition of the enkaptic structural whole and an investigation into the types of enkaptic interlacements in which it may present itself	695
	The enkaptic structural whole and the undifferentiated individuality structures	695
	The enkaptic structural whole and the different types of enkaptic interlacement	697
§ 2 -	The enkaptic structural whole in molecular structures of matter and atomically ordered crystal-lattices. A confrontation of this figure with the metaphysical concept of substance as it is used in Hoenen's neo-thomistic philosophy of in-organic nature	699
	The apparent paradox in the basic thesis of chemistry	699
	The philosophical structural problem concerning the relation of dissimilar atoms and their molecular combinations	699
	The enkaptic structural whole as a typically qualified form-totality	701

 

[pagina XXXI]

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	Two seemingly incompatible series of data are to be reconciled with each other by the conception of the molecule as an enkaptic whole. The evidence in favour of the continued actual presence of the atoms in a chemical combination and that in favour of the conception that the combination is a new whole	703
	The philosophical background of the older conception of the chemical combination as an aggregate of elements	706
	The neo-Thomistic theory of Hoenen concerning the ontological structure of atom and molecule	707
	The neo-Thomistic doctrine concerning the ‘gradation’ in the realization of potencies; the conception of a heterogeneous continuum	707
	Critique of Hoenen's theory	708
	The conception of material composites in pre-Thomistic medieval scholasticism	713
§ 3 -	The enkaptic structural whole of the living cell-body and the substance-concept in theoretical biology	714
	Bohr's biological relation of uncertainty	715
	What is the meaning of Bohr's relation of incertitude with respect to the methods of organic chemistry in their application to bio-chemical processes?	716
	The Aristotelian-Thomistic substance-concept and the identification of a living organism with the animated body	717
	The cell as the minimal unity capable of independent life	718
	The typical physico-chemical aspect of a cell-structure	719
	The so-called hylocentric, kinocentric and morphocentric structure of a living cell (Woltereck), viewed from the physico-chemical aspect	720
	The phenomenon of bi-, or poly-nuclear cells	721
	The smallest living units within the cell-structure	722
	Non-living components of the cell-body and their enkaptic binding in the living organism	723
	Do there exist bio-molecules?	724
	The problem concerning living protein is an incorrectly posited problem	727
	How far can physics and chemistry penetrate into a biochemical constellation?	729
	Does there exist a specific vital matter?	731

 

[pagina XXXII]

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§ 4 -	The dilemma ‘mechanism or vitalism in biology’ viewed in the light of the substance-concept	733
	The philosophical back-ground of the mechanistic conception	733
	Neo-vitalism, too, holds to the mechanistic view of the physico-chemical processes	734
	Neo-vitalism in contrast to older vitalism	734
	Driesch's experimental ‘proofs’ of the existence of ‘entelechies’. The so-called harmonious-equipotential system and totality-causality	735
	In Driesch's ‘Ordnungslehre’ the substance-concept is not meant in a metaphysical sense	737
	Driesch's conception of entelechy is fundamentally different from the Aristotelian view	739
	‘Entelechy’ as a metaphysical substance. Driesch's view of the scheme act-potence confronted with the Aristotelian conception	740
	Driesch denies a typical bio-chemical constellation. The problem concerning the influence of entelechy upon a purely mechanical matter	741
	The neo-vitalistic view confronted with the neo-Thomist conception. Driesch's philosophy of nature shows a transformation of the Greek basic motive into the Humanistic basic motive of nature and freedom	746
§ 5 -	The relation of the molecular (or crystalline) structures of matter to the living organism and the living body. The problem concerning the ‘bio-substance’ in Woltereck	749
	Woltereck's hypothesis concerning a particular bio-substance	749
	The inductive material components in the living cell-body: enzymes, hormones, organisers and genes	752
	Criticism of Woltereck's theory	756
	Weismann's theory concerning the continuity of the germ-plasm	757
	The influence of the metaphysical substance-concept upon Woltereck's theory of ‘matrix’	759
	Woltereck's philosophical standpoint. His dynamical ontological ‘Stufentheorie’	762
	A brief resumption of my own view	765
	Once again the Aristotelian-Thomistic substance-concept confronted with the structural problem of the living body	767

 

[pagina XXXIII]

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	The ontological problem concerning the enkaptic structural whole of the living cell-body. An objection to our theory	768
	A more detailed ontological consideration of the cell-body as a (typically qualified) enkaptic form-totality	770
	The cell-form as an elementary form-totality	771
	Woltereck's investigations into the ‘biotic elementary forms’	772
	Plasmatic, allo-plasmatic and xeno-plasmatic forms. Indifference of this distinction with respect to the form-structure	773
	The sensory form-totality, as the foundational function of the lying body, does not coalesce with the typical foundational form-functions of the interlaced structures	776
	The form-type of the living body as variability-type. The living body and its ‘Umwelt’	777
	The objectivistic conception of the body as an absolutization of the objective sensory bodily form	778
CONCLUSION		781
	The position of man in the temporal world	781