Thursday, November 5, 2015
Monday, October 12, 2015
Wednesday, September 9, 2015
Judicial Overreach
Federal:
In a 5-4 decision, the US Supreme Court legislated same sex couples can get married.
State:
In Kaaa vs Kaaa the Florida Supreme Court overruled a state statute.
Local:
In Florida's 18th Circuit, Judge Charles J. Roberts is demonstrating judicial run amok. His court was described as having an illegal goal by the 5th District Court of Appeals.
Document no. 194 dated July 16, 2015, clearly demonstrates that he is a judicial problem.
His ruling violates several legal tenants and is inconsistent with his remanded instructions.
In a 5-4 decision, the US Supreme Court legislated same sex couples can get married.
State:
In Kaaa vs Kaaa the Florida Supreme Court overruled a state statute.
Local:
In Florida's 18th Circuit, Judge Charles J. Roberts is demonstrating judicial run amok. His court was described as having an illegal goal by the 5th District Court of Appeals.
Document no. 194 dated July 16, 2015, clearly demonstrates that he is a judicial problem.
His ruling violates several legal tenants and is inconsistent with his remanded instructions.
Tuesday, August 4, 2015
Fair and Equitable Distributions
Fair and equitable distributions in a no fault divorce should not "punish" anyone.
The law seems concerned about equity between spouses.
The law should not allow such actions as Judge Charles J. Roberts in Florida's 18th Circuit Court has been Ordering in one case, if not all his cases.
Preparing a "Fair and Equitable Distribution of Assets" should be done out of a court room with and by competent people.
Diane Baccus-Horsley and Charles J. Roberts have repeatedly demonstrated lack of the necessary competence.
The law seems concerned about equity between spouses.
The law should not allow such actions as Judge Charles J. Roberts in Florida's 18th Circuit Court has been Ordering in one case, if not all his cases.
Preparing a "Fair and Equitable Distribution of Assets" should be done out of a court room with and by competent people.
Diane Baccus-Horsley and Charles J. Roberts have repeatedly demonstrated lack of the necessary competence.
Thursday, July 16, 2015
Applying Kaaa vs Kaaa for Florida Lawyers
Just about everyone knows the “spreadsheet procedure” which
resulted from the Kaaa vs Kaaa decision by Florida’s Supreme Court.
In brief, the passive appreciation is allocated according to
the percentage of ownership established at the time of the marriage. There is a big problem with any “reduction”
necessitated by the mortgage being “serviced by marital funds”. [The original opinion was very detailed in
how to apply the decision but it was not implementable. The revised opinion is much shorter but still
confused about “reductions”.]
The “spreadsheet procedure” is a tool that can be used in
Step 5 of the 5-Step Kaaa vs Kaaa procedure.
To a layman, the Florida Supreme Court seemed eager to find
a basis for the lower courts to award a portion of the passive appreciation to
the non-owner spouse. Hurley P.
Whitaker, esquire, informed me in 2007 that my spouse could not touch my
premarital residence.
Quoting the decision:
“61.075 Equitable distribution of marital assets and
liabilities.— . . .
.
"(5) As used in this section:
“(a) “Marital assets and liabilities” include: . . . .
“2. The enhancement in value and appreciation of
nonmarital assets resulting either from the efforts of either party during the
marriage or from the contribution to or expenditure thereon of marital funds or
other forms of marital assets, or both . . . . (Emphasis added.)
“This
language clearly provides that under certain circumstances, the appreciation of
a nonmarital asset is indeed a marital asset. We reject Joseph Kaaa’s argument
that passive appreciation is not encompassed by the language in this section,
and we conclude that the passive appreciation of a nonmarital asset, such as
the Kaaa’s marital home, is properly considered a marital asset where marital
funds or the efforts of either party contributed to the appreciation. Such
findings are to be made by the trial court based on evidence presented by the
parties.”
On the
bottom of page 7, the opinion states, “Moreover, we emphasize that the trial
court must make a finding of fact that the non-owner spouse made contributions
to the nonmarital property during the course of the marriage.”
Continuing
on to page 8 “While these contributions need not be strictly monetary and may
include marital funds or the efforts of either party, they must enhance the
value of the property.”
“Because
paying the mortgage is a prerequisite to enjoying the appreciation in value of
the marital home, we conclude that principles of equity do not allow an owner
spouse to receive the full benefit of the passive appreciation when the nonowner spouse contributed to the
property, and marital funds were used to pay the mortgage. Such inequities
must be balanced by the trial court making specific
factual findings regarding the contributions of the nonowner spouse and the
relationship of those contributions to the passive appreciation of the
property.”
Determining an Award of Passive
Appreciation
We
now turn to the method that a trial court should employ as it determines
whether a nonowner spouse is entitled to a share of the passive appreciation
and calculates the proper allocation. We note that the trial court’s task in
this regard is an extremely fact-intensive one, and there are certain steps that
each court must take. First, the court must determine the overall current fair
market value of the home. Second, the court must determine whether there has
been a passive appreciation in the home’s value. Third, the court must
determine whether the passive appreciation is a marital asset under section
61.075(5)(a)(2). This step must include findings of fact by the trial court
that marital funds were used to pay the mortgage and that the nonowner spouse
made contributions to the property. Moreover, the trial court must determine to
what extent the contributions of the nonowner spouse affected the appreciation
of the property. Let's call this TWETCOTNSATAOTP.
If the trial court does not "find" that the nonowner spouse's contributions affected the appreciation of the property in a positive manner, there is no passive appreciation to be distributed as a marital asset under section 61.075(5)(a)(2).
If the trial court does not determine to what extent the contributions of the nonowner spouse affected the appreciation of the property, the trial court has not completed its task.
Fourth, the trial court must determine the value of the
passive appreciation that accrued during the marriage and is subject to equitable
distribution. In simple cases, this will be directly related to TWETCOTNSATAOTP. Fifth, after the court determines
the value of the passive appreciation to be equitably distributed, the court’s
next step is to determine how the value is allocated.
We approve the
methodology in Stevens, which addresses the disposition of nonmarital real
property assets and provides the following method for determining how the
appreciated value is to be allocated:
If a separate asset is
unencumbered and no marital funds are used to finance its acquisition,
improvement, or maintenance, no portion of its value should ordinarily be
included in the marital estate, absent improvements effected by marital labor.
If an asset is financed entirely by borrowed money which marital funds repay,
the entire asset should be included in the marital estate. In general, in the
absence of improvements, the portion of the appreciated value of a separate
asset which should be treated as a marital asset will be the same as the
fraction calculated by dividing the indebtedness with which the asset was
encumbered at the time of the marriage by the value of the asset at the time of
the marriage. If, for example, one party brings to the marriage an asset in
which he or she has an equity of fifty percent, the other half of which is
financed by marital funds, half the appreciated value at the time of the
petition for dissolution was filed, § 61.075(5)(a) 2, Fla. Stat. (1993), should
be included as a marital asset. The value of this marital asset should be
reduced, however, by the unpaid indebtedness marital funds were used to
service.
Stevens, 651 So. 2d at 1307-08. Applying this language from Stevens to Kaaa, we note that the
home was financed almost entirely by borrowed money that was repaid almost
entirely by marital funds. Moreover, there appears to be ample evidence in the
record of contributions made by Katherine Kaaa that affected the passive
appreciation of the home’s value.
Since the Kaaa home was financed mostly by borrowed money which was repaid almost entirely by marital funds, it seems reasonable form Ms. Kaaa to share in the passive appreciation.
What about a home which was 80% owned, only the marital home for 18 months, TWETCOTNSATAOTP is zero or negative, and paid its way as a rental property?
A Fair and Equitable distribution of assets is a right of all Floridians even for newly Single, Protestant Anglo-Saxon Males.
Friday, June 26, 2015
The Enormous Theorem
In the early 1960s, Group Theory was a way of describing several phenomena in a concise manner.
Morton Hamermesh's book is great. Chapter 1 is "Elements of Group Theory".
The applications of Group Theory have moved to "Representation Theory". The theory side seems to have evolved to Category Theory.
Category theory can be used to formalize concepts of other high-level abstractions such as set theory, ring theory, and group theory. Several terms used in category theory, including the term "morphism", differ from their uses within mathematics itself. In category theory, a "morphism" obeys a set of conditions specific to category theory itself. Thus, care must be taken to understand the context in which statements are made.
Morphism In mathematical category theory, a generalization or abstraction of the concept of a structure-preserving function.
In many fields of mathematics, morphism refers to a structure-preserving map from one mathematical structure to another. The notion of morphism recurs in much of contemporary mathematics. In set theory, morphisms are functions; in linear algebra, linear transformations; in group theory, group homomorphisms; in topology, continuous functions, and so on.
In category theory, morphism is a broadly similar idea, but somewhat more abstract: the mathematical objects involved need not be sets, and the relationship between them may be something more general than a map.
The July 2015 issue of Scientific American on page 72 summarizes "Four Enormous Families" that contain all the finite simple groups. An exemplar for completeness.
Morton Hamermesh's book is great. Chapter 1 is "Elements of Group Theory".
The applications of Group Theory have moved to "Representation Theory". The theory side seems to have evolved to Category Theory.
Category theory can be used to formalize concepts of other high-level abstractions such as set theory, ring theory, and group theory. Several terms used in category theory, including the term "morphism", differ from their uses within mathematics itself. In category theory, a "morphism" obeys a set of conditions specific to category theory itself. Thus, care must be taken to understand the context in which statements are made.
Morphism In mathematical category theory, a generalization or abstraction of the concept of a structure-preserving function.
In many fields of mathematics, morphism refers to a structure-preserving map from one mathematical structure to another. The notion of morphism recurs in much of contemporary mathematics. In set theory, morphisms are functions; in linear algebra, linear transformations; in group theory, group homomorphisms; in topology, continuous functions, and so on.
In category theory, morphism is a broadly similar idea, but somewhat more abstract: the mathematical objects involved need not be sets, and the relationship between them may be something more general than a map.
The July 2015 issue of Scientific American on page 72 summarizes "Four Enormous Families" that contain all the finite simple groups. An exemplar for completeness.
Sunday, June 14, 2015
The Road to Hell is paved with Good Intentions
1. Recent standards for teaching science say that students should be taught "The Law of Unintended Consequences" before they graduate from high school. The title combined with "Fools rush in where angels fear to tread" suggest my views on the subject.
Systems Dynamics is an approach that applies to dynamic problems arising in complex social, managerial, economic, or ecological systems — literally any dynamic systems characterized by interdependence, mutual interaction, information feedback, and circular causality.
The field developed initially from the work of Jay W. Forrester at MIT. His seminal book Industrial Dynamics (Forrester 1961) is still a significant statement of philosophy and methodology in the field. Within ten years of its publication, the span of applications grew from corporate and industrial problems to include the management of research and development, urban stagnation and decay, commodity cycles, and the dynamics of growth in a finite world. It is now applied in economics, public policy, environmental studies, defense, theory-building in social science, and other areas, as well as its home field, management. The name industrial dynamics no longer does justice to the breadth of the field, so it has become generalized to system dynamics. The modern name suggests links to other systems methodologies, but the links are weak and misleading. System dynamics emerges out of servomechanisms engineering, not general systems theory or cybernetics.
System Dynamics has a chance of usefully handling the complexities of the Modern world. However, Auerbach reports stated about that time that only 15% of Analysts could use PSL/PSA (which Tom Demarco described as the best Automated Data Dictionary System available at the time). Systems Dynamics is inherently non-linear.
Newton developed methods to linearize things. Human thinking does rather well in a linear world. R. A. Fisher did some outstanding work concerning the Design of Experiments and tools for the analysis of experimental data. See http://dr2htay.blogspot.com/2015/01/the-design-of-experiments.html
Social scientists did a very poor job of understanding the system before the tried "to improve it". Several problems were presented in Jay
W. Forrester, "Counterintuitive Behavior of Social Systems",
Technology Review, Vol. 73, No. 3, Jan. 1971, pp. 52-68. See http://www.constitution.org/ps/cbss.htm
2. "Gall's
Law"
Although dubbed Gall's Law by some, the actual quote is not labeled as such in the original work. The work cites Murphy's Law and the Peter Principle and is filled with similar sayings.
John Gall (born 1925) is an American author and retired pediatrician. Gall is known for his 1975 book General systemantics : an essay on how systems work, and especially how they fail..., a critique of systems theory. One of the statements from this book has become known as Gall's law.
Although dubbed Gall's Law by some, the actual quote is not labeled as such in the original work. The work cites Murphy's Law and the Peter Principle and is filled with similar sayings.
John Gall (born 1925) is an American author and retired pediatrician. Gall is known for his 1975 book General systemantics : an essay on how systems work, and especially how they fail..., a critique of systems theory. One of the statements from this book has become known as Gall's law.
Gall's Law is a rule
of thumb for systems
design from Gall's
book Systemantics: How Systems Really Work and How They Fail. It
states:
A complex system that works is invariably
found to have evolved from a simple system that worked. A complex system
designed from scratch never works and cannot be patched up to make it work. You
have to start over with a working simple system. – John Gall (1975, p.71)
This
law is essentially an argument in favour of underspecification: it can be used
to explain the success of systems like the World
Wide Web and Blogosphere, which grew from simple to complex systems incrementally,
and the failure of systems like CORBA, which began with complex specifications. Gall's Law is said
to have strong affinities to the practice of agile software development.
Although the quote may seem to validate
the merits of simple systems, it is preceded by the qualifier "A simple
system may or may not work." (p. 70).
One of the first systems designers to
quote Gall's law was Ken Orr in 1981. Notable were the quotations of
Gall's Law by Grady Booch since 1991.
Systemantics (a change in typography and
underlining indicate that the title is better rendered as
"SystemANTICS") is a commentary on systems theory and general
semantics publications by such thinkers as Ludwig von Bertalanffy and Alfred
Korzybski.
3. Alfred Korzyski was the only one
above unknown to me previously. Following the link, I find William
Burroughs went to a Korzybski workshop in the Autumn of 1939. He was 25
years old, and paid $40. His fellow students—there were 38 in all—included
young Samuel I. Hayakawa (later to become a Republican member of the U.S.
Senate), Ralph Moriarty deBit (later to become the spiritual teacher Vitvan) and Wendell
Johnson (founder of the Monster
Study). I used S. I. Hayakawa's book Language in Thought and Action as an
undergraduate.
4. Wiki's 1st para on Korzybski:
"Alfred Habdank Skarbek Korzybski ([kɔˈʐɨpski]; July 3, 1879 – March 1,
1950) was a Polish-American independent scholar who developed a field
called general semantics, which he viewed as both
distinct from, and more encompassing than, the field of semantics. He argued that human knowledge of the world
is limited both by the human nervous system and the languages humans have
developed, and thus no one can have direct access to reality, given that the
most we can know is that which is filtered through the brain's responses to
reality. His best known dictum is "The map is not the territory""
5.Willard Van Orman Quine
Quine's Ph.D. thesis and
early publications were on formal logic and set theory. Only after World War II did he, by virtue of
seminal papers on ontology, epistemology and language, emerge as a major
philosopher. By the 1960s, he had worked out his "naturalized
epistemology" whose aim was to answer all substantive questions of
knowledge and meaning using the methods and tools of the natural sciences.
Quine roundly rejected the notion that there should be a "first
philosophy", a theoretical standpoint somehow prior to natural science and
capable of justifying it. These views are intrinsic to his naturalism.
6. Karl Popper versus
Thomas Kuhn
I rejected Thomas Kuhn's
stuff that was contrary to German Idealism. I was in graduate school in
the 1960s. The Encyclopedia Britannica definition of "Physics"
was basically the Hegelian dialectic applied to theory and experiment.
Seemed great to me. I thought my rejection of Kuhn meant that I agreed
with Karl Popper. I'm revisiting this now. What I thought
agreed with Karl Popper on was that assertions should be backed
by (independently) verifiable evidence. I have always been more
interested in Metaphysics than "physics." I never shared
the Logical Positivist's desire to do away with Metaphysics. I am
learning that Popper's focus was on distinguishing science from pseudo
science. That has not been a problem for me. Physics,
systems, and/or economics is the real world science and mathematics is the
logical science.
7. Charles S. Peirce
September 10, 1839 – April
19, 1914) was an American philosopher, logician,mathematician, and scientist who is sometimes known as "the
father of pragmatism". He was
educated as a chemist and employed as a scientist for 30 years. Today he is
appreciated largely for his contributions to logic, mathematics, philosophy,
scientific methodology, and semiotics, and for his founding of pragmatism.
Semiotics is closely related to
the field of linguistics, which, for its part,
studies the structure and meaning of language more specifically. A language-game (German: Sprachspiel) is a philosophical concept
developed by Ludwig Wittgenstein and Friedrich Waismann, referring to simple
examples of language use and the actions into which the language is woven.
Jean-François Lyotard explicitly drew upon
Wittgenstein's concept of language-games in developing his own notion of metanarratives in The Postmodern Condition. However, Wittgenstein's
concept is, from its inception, of a plurality of language games; their
plurality is not taken to be a feature solely of contemporary discourse.
Lyotard's discussion is primarily applied in the contexts of authority, power
and legitimation, where Wittgenstein's is concerned to mark distinctions
between a wide range of activities in which language users engage.
Michel Foucault frequently lectured
outside France, particularly in the United States, and in 1983 agreed to
teach annually at the University of California at Berkeley. An early victim of
AIDS, Foucault died in Paris on June 25, 1984.
Since its beginnings with
Socrates, philosophy has typically involved the project of questioning the
accepted knowledge of the day. Later, Locke, Hume, and especially, Kant
developed a distinctively modern idea of philosophy as the critique of
knowledge. Kant's great epistemological innovation was to maintain that the
same critique that revealed the limits of our knowing powers could also reveal
necessary conditions for their exercise. What might have seemed just contingent
features of human cognition (for example, the spatial and temporal character of
its objects) turn out to be necessary truths. Foucault, however, suggests
the need to invert this Kantian move. Rather than asking what, in the
apparently contingent, is actually necessary, he suggests asking what, in the
apparently necessary, might be contingent. The focus of his questioning is
the modern human sciences (biological, psychological, social). These
purport to offer universal scientific truths about human nature that are, in
fact, often mere expressions of ethical and political commitments of a
particular society. Foucault's “critical philosophy” undermines such claims by
exhibiting how they are just the outcome of contingent historical forces, and
are not scientifically grounded truths.
Foucault left clear
instructions that there should be no posthumous publication of his writings
that he had not published in his lifetime. His estate has obeyed, with one
major qualification. Foucault is deemed to have published lectures that he
allowed to be taped. This has, in particular, allowed print editions of the
annual courses of lectures that he delivered at the Collège de France from
1970–71 through 1983–84 (except for a sabbatical year in 1980–81). This has
made an enormous body of important material available. Some of it covers
(although in a different way) material later published, but some presents ideas
(for example, on ancient philosophy) that appear nowhere else.
9. Jurgen Habermas
Jürgen Habermas is a German
sociologist and philosopher in the tradition of critical theory
and pragmatism. He is perhaps best known for his theories on
communicative rationality and the public sphere.
The Theory of Communicative
Action (German: Theorie des kommunikativen
Handelns) is
a 1981 book by Jürgen Habermas, in which he continues his
project set out in On the Logic of the Social Sciences[1][2] of finding a way to
ground "the social sciences in a theory of language."[1] The two volumes
are Reason and the Rationalization of Society (Handlungsrationalität
und gesellschaftliche Rationalisierung)[3] in which Habermas
establishes a concept of communicative rationality,[4] and Lifeworld
and System: A Critique of Functionalist Reason (Zur Kritik der
funktionalistischen Vernunft),[5] in which Habermas
creates the two level concept of society and lays out the critical theory for
modernity.[4] After writing The
Theory of Communicative Action, Habermas expanded upon the theory of
communicative action by using it as the basis of his theory of morality, democracy, and law.[6] The work was the
subject of a collection of critical essays published in 1986,[7] has inspired many
responses by social theorists and philosophers, and in 1998 was listed by
the International
Sociological Association as the eighth most important sociological book of the
20th century.[8]
Monday, May 25, 2015
Why We Should Not Like Each Other
I am one of a large number of people who went into the
sciences to search for The Truth. I was raised to be self-sufficient and self-reliant. I went into the branch of physics that
announced the discovery of the Higgs Boson on July 4, 2012. The field generated one of the Clay
Mathematics Institutes Millennial problems http://www.claymath.org/millennium-problems
. My professional work and interests
have touched on all the other problems.
I was very interested in being the first to prove Fermat’s Last Theorem. At this time, only the Poincare’ Conjecture
has been solved. I was honored by my
undergraduate school for “community service” in 1980 for saving the free world
from the Warsaw Pact.
When I did my studies in Physics, Mathematics, and
Chemistry, physics was defined in Encyclopaedia Brittannica as:
“Physics, which may be defined broadly as the study of
nature, was long called natural philosophy (from the Greek physikos); its exact scope is not fixed nor easily delimited. From decade to decade in modern times, the
principal effort in physics has changed as, on the one hand, fields of scientific
knowledge were reduced to practice, whereupon they were regarded as branches of
engineering or applied physics; and, on the other hand, new fields were opened
by fresh experimental or theoretical discoveries. Physics may be called a point of view about
the natural world and a method of attack on its problems, a method based upon
certain general principles and disciplined by the close interplay between
experiment and theory. With a kind of
confidence that the understanding of nature may be reduced to a few
comprehensive principles, physicists seek for those central ideas by which
great areas of common experience may be brought into order and coherence. To achieve their purpose, they proceed by
use of mathematical and logical tools, and by experimentation.”
My education was in the 1950s and 1960s. This was coincident with Martin Luther King, Jr.'s struggle for civil rights in the United States,. King synthesized the teachings of Christ and Mahatma Gandhi to create a method of nonviolent resistance that carried Americans toward justice during the turbulent years of the 1950s and 1960s. King’s life and legacy are an excellent topic with which to review how far the philosophy of freedom has come. Once the province of academics, it now inspires activists and political leaders in nonviolent struggle.
In his Letter from
Birmingham Jail, King has to describe how to explain violating human laws. The letter shows how he reconciled his
actions in breaking the law and going to jail with his teachings of law and order. He had to
carefully distinguish the laws that he broke from what he called the highest
law of the land. He
argued that an unjust law is no law at all, as St. Aquinas said. A
just law was one that squared with moral law, and an unjust law degraded human
personality. Segregation
laws give the segregator a false sense of superiority, and the segregated a false
sense of inferiority. Therefore they were morally wrong.
Narratives written by arithmetically-challenged
people cannot be transformed into a lawful order.
You
chose your career with the PSAC Report, the 1968 assassination of Dr. Martin
Luther King, Jr, and the 1969-71
RETRENCHMENT being recent history.
In 1962 the President's Science Advisory Committee
published a report entitled Meeting Manpower Needs in Science and Technology. The "PSAC Report" declared that the acceleration of graduate
training in engineering, mathematics, and physical sciences, especially at the
doctoral level, was a matter of urgent national priority requiring immediate action,
without which severe shortages of engineers and scientists would occur.
Engineering was identified as an especially crucial area. The federal
government was to provide the funds needed, through increased research
expenditures, provision of training grants, and fostering of new centers of scientific excellence. The country
was, of course, reacting to shocks to its prestige caused by the success of Sputnik , and was also riding the crest of the greatest economic boom in
its history, and these events simultaneously provided both the motive and the
means for a major expansion in engineering graduate programs. Engineering
education responded immediately, and the numbers of graduate students rose to
unprecedented heights. (Just eight years later, the
magnificent declarations of the PSAC Report were negated by a new
conventional wisdom—that Ph.D.s were a drug on the market.)
Even before the Retrenchment, I was skeptical of Government
Intervention/Programs beyond its core Defense mission.
You received your
B.S. degree in microbiology from the University of Florida in 1978 and your J.D. from the
Stetson University College of Law in 1982.
Perhaps because your school is ranked #1 in trial advocacy, you wouldn’t
recognize the truth unless it was conveniently packaged as a rhetorical narrative. You
came along at a time when the narrative paradigm was being formed. See para 3.2 http://www.lhn.uni-hamburg.de/article/narratives-rhetorical-discourse
. Ms. Baccus-Horsley fed you those galore.
Your “formative years” coincided with Michel Foucalt’s
popularity in the US.
I read Gerald Holton’s Science
and Anti-Science shortly after it was published in 1998.
“Employing the case-study method and the concept of
scientific themata that he has pioneered, Holton displays the broad scope of
his insight into the workings of science: from the influence of Ernst Mach on
twentieth century physicists, biologists, psychologists, and other thinkers to
the rhetorical strategies used in the work of Albert Einstein, Niels Bohr, and
others; from the bickering between Thomas Jefferson and the U.S. Congress over
the proper form of federal sponsorship of scientific research to philosophical
debates since Oswald Spengier over whether our scientific knowledge will ever
be ‘complete.’ In a masterful final chapter,
Holton scrutinizes the ‘anti-science phenomenon,’ the increasingly common opposition to
science as practiced today. He approaches this contentious issue by
examining the world views and political ambitions of the proponents of science
as well as those of its opponents-the critics of ‘establishment science’
(including even those who fear that science threatens to overwhelm the
individual in the postmodern world) and the adherents of
‘alternative science’ (Creationists, New Age ‘healers,’ astrologers). Through
it all runs the thread of the author’s deep historical knowledge and his
humanistic understanding of science in modern culture.”
About this time, I was reviewing manuscripts prepared by my
father-in-law, Paul Edward Brown, Sr., PhD. Doctor Brown had a PhD from Drew University in
New Testament and Systematic Theology.
He was/is a Theist. Dr. Brown
knew that Secular Humanism (France) was the Devil Incarnate. He also knew that The Big Bang implied a
beginning – consistent with the Judeo-Christian Creation Myth. Dr. Brown’s two sons: Paul Edward Brown, Jr and Samuel Isaac Brown,
the First, are real doctors and have significantly more income than their PhD
father (and (former) brother-in-law).
A “culture war” is a clash of ideas about what one believes
to be true, and others with different viewpoints. A person’s experiences, family, friends,
education, and the media help to form your belief system, or World
View.
I was shielded from the full force of the anti-science forces
by being a part of the Military-Industrial Complex. My coworkers and friends were predominately
active or retired military or naval officers, many of them had graduated from
the Service Academies with degrees in engineering. From my perspective, “the enemy” looked like Postmodernism.
Dr. Paul E. Brown, Sr., described intellectual/philosophical
history through David Hume. I had
watched The Ideas of Great Philosophers, 1st Edition by
Daniel N. Robinson and had taken an interest in philosophy about 1969. I purchased two paperback books by the Sahakians one being comparable
to http://www.amazon.com/Ideas-Great-Philosophers-William-Sahakian/dp/1566192714
. From the two, I identified 17
Conceptions of/theories of Truth.
The reviewer cautions that although the first chapter gives a very cleanly written summary of the mechanics
of epistemology: listing many of the criteria of truth, the problems of truth,
and the main fallacies of reasoning, it is still selective rather than
exhaustive (category errors for instance are not mentioned). But most
egregiously, the essential philosophical definitions needed to understand the
explanations are not given here: but are "assumed to be understood"
by the reader. The second Sahakian
book is described as having been “one of the most
important books of my life. Not only does it provide an introductory survey of
the field of philosophy, but it covers truth and fallacies. In fact, for
decades it was the only source to reference Negative Pragmatism, a superior
criterion of truth that was developed in the early 20th century and explained
in detail by Nobel Prize winning physicist, Richard Feynman in 1964.” My second
Sahakian book did not Include Negative Pragmatism.
The Teaching Company’s new set and format meshed well with
Professor Lawrence Cahoone’s Modern Intellectual
Tradition: From Descartes to Derrida. I felt that
watching this course sort of completed my studies in philosophy. I recently completed watching Cahoone’s The Modern Political Tradition: From
Hobbes to Habermas.
The term “postmodernism” first entered the philosophical
lexicon in 1979, with the publication of The Postmodern Condition by Jean-François Lyotard. Another Frenchman Michel Foucault had a lot to do with
it. Though often cited as a post-structuralist and postmodernist, Foucault rejected these labels, preferring to
present his thought as a critical history of modernity. His
thought has been highly influential for both academic and activist groups.
In 1976 Gallimard published Foucault's Histoire de la
sexualité: la volonté de savoir (The History of Sexuality: The Will to
Knowledge), a short book exploring what Foucault called the
"repressive hypothesis". It revolved largely around the concept of
power, rejecting Marxist theories of power and rejecting psychoanalysis. Foucault
intended it as the first in a seven-volume exploration of the subject. Histoire de la sexualité was a best seller
and gained a positive press reception, but lukewarm intellectual interest,
something that upset Foucault, who felt that many misunderstood his hypothesis. He soon became dissatisfied with his publisher. Along with Paul
Veyne and François
Wahl, Foucault launched a
new series of academic books, known as Dex Travaux (Some
Works), through the company Seuil, which he hoped would improve the state of academic
research in France. He also
produced introductions for the memoirs of Herculine
Barbin and My Secret Life.
“There exists an international citizenry that has its rights,
and has its duties, and that is committed to rise up against every abuse of
power, no matter who the author, no matter who the victims. After all, we are
all ruled, and as such, we are in solidarity." - Michel Foucault, 1981
Foucault remained a political activist until his death in
1984. He focused on protesting
government abuses of human rights across the world. He was a key player in the
1975 protests against the Spanish government to execute 11 militants sentenced
to death without fair trial. It was his idea to travel to Madrid with 6 others to give their press
conference there; they were subsequently arrested and deported back to Paris. In 1977, he protested the extradition
of Klaus Croissant to West Germany, and his rib was fractured during clashes
with riot police. In July that year, he organised an
assembly of Eastern Bloc dissidents to mark the visit of Soviet Premier Leonid
Brezhnevto Paris. In 1979, he campaigned for Vietnamese
political dissidents to be granted asylum in France.
In 1977, Italian newspaper Corriere della sera asked Foucault to
write a column for them. In doing so, in 1978 he travelled to Tehranin Iran, days after the Black Friday massacre. Documenting the developing Iranian Revolution, he met with opposition leaders such as Mohammad Kazem Shariatmadari and Mehdi
Bazargan, and discovered the
popular support for Islamism. Returning to France, he was one of the
journalists who visited the Ayatollah Khomeini, before he visited Tehran again. His articles expressed awe of
Khomeini's Islamist movement, for which he was widely criticised in the French
press, including by Iranian liberal dissidents. Foucault's response was that
Islamism was to become a major political force in the region, and that the West
must treat it with respect rather than hostility. In April 1978, Foucault traveled to
Japan, where he studied Zen
Buddhism under Omori
Sogen at the Seionji temple in Uenohara.
Although
remaining critical of power relations, Foucault expressed cautious support for
the Socialist Party government of François Mitterrand following its electoral
victory in 1981. But
his support soon deteriorated when that party refused to condemn the Polish
government's crackdown on the 1982 demonstrations in
Poland orchestrated
by theSolidarity trade union. He and
sociologist Pierre Bourdieu authored a document
condemning Mitterrand's inaction that was published in Libération, and they also took
part in large public protests on the issue. Foucault
continued to support Solidarity, and with his friend Simone Signoret traveled Poland as part of
a Médecins du Monde expedition, taking time out to visit
the Auschwitz concentration
camp. He continued his academic
research, and in June 1984 Gallimard published the second and third volumes of Histoire de la sexualité.
Volume two, L'Usage des
plaisirs, dealt with the "techniques of self" prescribed by
ancient Greek pagan morality in relation to sexual ethics, while volume three, Le Souci de soi explored the same theme in the Greek
and Latin texts of the first two centuries CE. A fourth volume, Les Aveux de la chair, examined
it in early Christianity, but it remained unfinished at Foucault's death.
In
October 1980, Foucault became a visiting professor at the University of California,
Berkeley, giving the Howison Lectures on "Truth and Subjectivity",
while in November he lectured at the Humanities Institute at the New York University. His growing popularity in
American intellectual circles was noted by Time magazine, while Foucault went on to lecture
at UCLA in 1981, the University of Vermont in 1982, and Berkeley again in 1983, where
his lectures drew huge crowds. When in California, Foucault spent many
evenings in the gay scene of the San Francisco Bay Area. He would praise sado-masochistic activity in
interviews with the gay press, describing it as "the real creation of new
possibilities of pleasure, which people had no idea about previously." Through sexual activity, Foucault
contracted HIV which developed into AIDS. Little was known of the virus at the time; the first cases had only been
identified in 1980. In summer 1983, Foucault developed a persistent
dry cough, which concerned friends in Paris, but Foucault insisted it was just
a pulmonary infection. Only when hospitalized was Foucault
correctly diagnosed and treated with antibiotics. He delivered a final set of
lectures at the Collège de France. Foucault entered Paris' Hôpital de la
Salpêtrière on 9 June 1984. He died in the hospital on 25 June 1984.
Foucault's discussions on
power and discourse have inspired many critical theorists,
who believe that Foucault's analysis of power structures could aid the struggle
against inequality. They claim that through discourse analysis,
hierarchies may be uncovered and questioned by way of analyzing the corresponding
fields of knowledge through which they are legitimated. This is one of the ways
that Foucault's work is linked to critical theory.
In 2007, Foucault was
listed as the most cited scholar in the humanities by the ISI Web of Science among a large quantity of French
philosophers, the compilation's author commenting that "What this says of
modern scholarship is for the reader to decide – and it is imagined that
judgments will vary from admiration to despair, depending on one’s view".
A prominent critique of Foucault's thought concerns his refusal to propose positive
solutions to the social and political issues that he critiques. Since no human
relation is devoid of power, freedom becomes elusive - even as an ideal. This
stance which critiques normativity as socially constructed and contingent, but
which relies on an implicit norm in order to mount the critique led
philosopher Jürgen Habermas to describe Foucault's thinking as
"crypto-normativist", covertly reliant on the very Enlightenment principles he attempts to deconstruct.[163] A similar critique has been advanced by Diana
Taylor, and by Nancy Fraser who argues that "Foucault's critique encompasses traditional moral
systems, he denies himself recourse to concepts such as "freedom" and
"justice", and therefore lacks the ability to generate positive
alternatives "
The experts say, “That postmodernism is indefinable is a
truism. However, it can be described as a set of critical, strategic and
rhetorical practices employing concepts such as difference, repetition, the
trace, the simulacrum, and hyperreality to destabilize other concepts
such as presence, identity, historical progress, epistemic certainty, and the
univocity of meaning.” http://plato.stanford.edu/entries/postmodernism/
Michel Foucalt was not one of the bad guys. Had he not died in 1984, he might have led
the rediscovery of Hegel.
The Nietzschean
method of genealogy, in its application to modern subjectivity, is another
facet of philosophical postmodernism. Michel
Foucault's application of genealogy to formative moments in modernity's
history and his exhortations to experiment with subjectivity place him within
the scope of postmodern discourse. In
the 1971 essay “Nietzsche, Genealogy, History,” Foucault spells out his adaptation of the genealogical method in his
historical studies. First and foremost, he says, genealogy “opposes itself
to the search for ‘origins’” (Foucault 1977, 141). That is, genealogy studies
the accidents and contingencies that converge at crucial moments, giving rise
to new epochs, concepts, and institutions. As Foucault remarks: “What is
found at the historical beginning of things is not the inviolable identity of
their origin; it is the dissension of other things. It is disparity” (Foucault
1977, 142). In Nietzschean fashion,
Foucault exposes history conceived as the origin and development of an
identical subject, e.g., “modernity,” as
a fiction modern discourses invent after the fact. Underlying the fiction of
modernity is a sense of temporality that excludes the elements of
chance and contingency in play at every moment.
In short, linear, progressive history covers up the
discontinuities and interruptions that mark points of succession in historical
time.
Is this a return to
Hegel? http://www.cambridge.org/us/academic/subjects/philosophy/philosophy-texts/georg-wilhelm-friedrich-hegel-science-logic
This new translation of
The Science of Logic (also known as ‘Greater Logic’) includes the revise Book I
(1832), Book II (1813), and Book III (1816). Recent research has given us a
detailed picture of the process that led Hegel to his final conception of the
System and of the place of the Logic within it. We now understand how and why
Hegel distanced himself from Schelling, how radical this break with his early
mentor was, and to what extent it entailed a return (but with a difference) to
Fichte and Kant. In the introduction to the volume, George di Giovanni presents
in synoptic form the results of recent scholarship on the subject, and, while
recognizing the fault lines in Hegel's System that allow opposite
interpretations, argues that the Logic marks the end of classical metaphysics.
The translation is accompanied by a full apparatus of historical and
explanatory notes.
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