Showing posts with label law. Show all posts
Showing posts with label law. Show all posts

24 Dec 2019

Deleuze (1) “To Have Done with Judgment” / “Pour en finir avec le jugement,” Paragraph 1, “[Introduction to the Doctrine of Judgment, Its General History, and Its Main Opponents (Spinoza, Nietzsche, D.H. Lawrence, Kafka, and Artaud)],” summary and explication

 

by Corry Shores

 

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[The following is a sentence-by-sentence explication and summary of Deleuze’s text. Proofreading is incomplete, so please forgive my typos and other mistakes. Boldface and underlining are my own, unless otherwise noted.]

 

 

 

 

Summary and Explication of

 

“Pour en finir avec le jugement”

“To Have Done with Judgment”

 

 

Paragraph 1

[Introduction to the Doctrine of Judgment, Its General History, and Its Main Opponents (Spinoza, Nietzsche, D.H. Lawrence, Kafka, and Artaud)]

 

 

 

 

 

 

Brief summary:

The doctrine of judgment has been under development since its inception in Ancient Greek tragedy. It was originally instituted through the tribunals set up in these plays, with the judgments they pronounced being the real tragic elements of the stories. The first to critique the doctrine of judgment was not Kant (in his Critique of Judgment, which only grounds a subjective, aesthetic sort of judgment), but rather it comes from Spinoza’s ethics of practical physics (here, good and bad are determined not by judgment in accordance with law but rather by what increases or decreases compositional integrity and power). Following Spinoza are Nietzsche, D.H. Lawrence, Kafka, and Artaud, who each suffered but evaded judgment.

 

 

Explicatory summary:

(1.1) From Ancient Greek tragedy to Modern Philosophy, there developed a trend in the conception and implementation of justice that favors judgment, which Deleuze calls the doctrine of judgment. (1.2) The tragic element of Greek tragedy are not the “tragic” actions that characters take but rather the judgments that are made in the stories. And Greek tragedy instituted tribunals for such judgments. (1.3) Although the title of Kant’s Critique of Judgment suggests it might be a critique of the doctrine of judgment, it rather further grounds a subjective, aesthetic sort of judgment. (1.4) Spinoza’s ethics of practical physics (that is to say: doing things that increase the powers of our internal and external compositions) was the first case of a critique of the doctrine of judgment. In it, something is bad not because there is a rule handed out without practical considerations, like God giving commandments, with us being said to have done wrong simply because that authority judges us to have broken the arbitrary or unexplained rule. Rather, something is bad if it does us harm, in terms of the integrity of our internal composition and external social relations. Following Spinoza in the critique of the doctrine of judgment are: Nietzsche, D.H. Lawrence, Kafka, and Artaud. (1.5)  Nietzsche, D.H. Lawrence, Kafka, and Artaud all suffered from judgment in their own lives. (1.6) But although Nietzsche, D.H. Lawrence, Kafka, and Artaud all suffered judgment, they devised tactics for infinitely postponing that judgment, thereby having done with it, in a sense. (1.7) Nietzsche suffered judgment like a defiant condemned person; D.H. Lawrence was accused of immoralism and pornography even in his watercolor paintings; and, Kafka presented himself as innocent, but diabolically so, when a “tribunal” judged him unfit for marriage to Felice (for, he did not actually want the marriage, and in fact he fell in love with one of Felice’s friends, Grete Bloch, who was part of that tribunal.) (1.8) Artaud’s artistic genius was judged by psychiatrists as madness, and they subjected him to cruel treatments like heavy drugs and electroshock therapy. His situation was not unlike Van Gogh’s.

 

 

 

 

 

 

Contents

 

1.1

[The Historical Trend of the Doctrine of Judgment]

 

1.2

[The Greek Tragedy of Judgment and its Tribunals of Judgment]

 

1.3

[Kant’s Critique of Judgment as No Critique of Judgment]

 

1.4

[Spinoza as the Father of the Critique of the Doctrine of Judgment. Nietzsche, D.H. Lawrence, Kafka, and Artaud as his Disciples.]

 

1.5

[The Personal Suffering of Judgment of Nietzsche, D.H. Lawrence, Kafka, and Artaud]

 

1.6

[The Infinite Point of Convergence of Accusation, Deliberation, and Verdict]

 

1.7

[Nietzsche's, Lawrence’s, and Kafka’s particular judgments and escapes.]

 

1.8

[Artaud’s (and Van Gogh’s) Judgments by Psychiatrists]

 

Bibliography

 

 

 

 

Summary and Explication

 

 

1.1

[The Historical Trend of the Doctrine of Judgment]

 

[From Ancient Greek tragedy to Modern Philosophy, there developed a trend in the conception and implementation of justice that favors judgment, which Deleuze calls the doctrine of judgment.]

 

[Deleuze will discuss justice in the context of judgment, law, and related concepts. He will draw a distinction between two trends. The first one, which he does not favor, is a “doctrine” of judgment. His terming it such suggests already to us that in the first place it is something artificially fabricated and maintained by instituted systems of belief and cultural practice. He also here traces it historically from ancient Greek tragedy to modern philosophy (with the counter trend, as we will see in section 1.4 below, beginning with Spinoza).]

 

De la tragédie grecque à la philosophie moderne, c’est toute une doctrine du jugement qui s’élabore et se développe.

(158)

 

From Greek tragedy to modern philosophy, an entire doctrine of judgment has been elaborated and developed.

(126)

[contents]

 

 

 

 

 

 

1.2

[The Greek Tragedy of Judgment and its Tribunals of Judgment]

 

[The tragic element of Greek tragedy are not the “tragic” actions that characters take but rather the judgments that are made in the stories. And Greek tragedy instituted tribunals for such judgments.]

 

[Deleuze next writes, “What is tragic is less the action than the judgment.” It is not entirely clear what he means here by “the action.” What action? For instance, is there a distinction between the action of judging and the pronounced judgment itself? My guess is that this is not the idea here. He is talking about Greek tragedy. The question we might have in this context is: what is it in a Greek tragedy that we consider to be tragic? Is it the tragic action, perhaps for instance, Oedipus gouging out his own eyes? Deleuze’s answer seems to be that instead what is tragic is not such actions as these but the judgment that is made in the Greek tragedy. He continues to say that the Greek tragedy instituted the tribunal (we return to this later).]

 

Ce qui est tragique est moins l’action que le jugement, et la tragédie grecque instaure d’abord un tribunal.

(158)

 

What is tragic is less the action than the judgment, and what Greek tragedy instituted at the outset was a tribunal.

(126)

 

[contents]

 

 

 

 

 

 

1.3

[Kant’s Critique of Judgment as No Critique of Judgment]

 

[Although the title of Kant’s Critique of Judgment suggests it might be a critique of the doctrine of judgment, it rather further grounds a subjective, aesthetic sort of judgment.]

 

[Deleuze said above in section 1.1 that the doctrine of judgment historically developed from ancient Greek times to modern philosophy (with the counter trend beginning primarily with Spinoza, as we will see in section 1.4 below.) But someone might here object. Kant famously performed a “critique of judgment” in his book by that name. Does that not count as explicitly going against the doctrine of judgment? we might wonder. Deleuze says that rather than inventing a true critique of judgment here, Kant instead established a “fantastic subjective tribunal.” Let us substantiate this briefly with some ideas from Kant’s book along with ones from Deleuze’s Kant’s Critical Philosophy. We begin the third critique with an analysis of the beautiful. Let us all agree that we have experienced beautiful things. What is it that makes us experience them as being beautiful? Kant first says that we “decide” that the thing is beautiful, and this involves a judgment of taste. It is “not a cognitive judgment, hence not a logical one, but is rather aesthetic, by which is understood one whose determining ground cannot be other than subjective” (Kant, Critique of the Power of Judgment p.89). And as Deleuze comments, “It could be said that a higher pleasure is the sensible expression of a pure judgement, of a pure operation of judging (CJ para. 9). The first aspect of this operation appears in aesthetic judgements of the type ‘this is beautiful’” (Deleuze, Kant’s Critical Philosophy, pp.46-47). It would seem, then, that Deleuze and Kant are thinking of “critique” in different ways. For Kant, the critique might be more like a critical analysis that seeks the conditions of possibility or the like. But what Deleuze has in mind for a critique of judgment involves a critical valuation of it, showing its shortcomings and problematic aspects and giving reason to do away with it altogether for the sake of promoting what he thinks is a better sort of justice.]

 

Kant n’invente pas une véritable critique du jugement, puisque ce livre au contraire érige un fantastique tribunal subjectif.

(158)

 

Kant did not invent a true critique of judgment; on the contrary, what the book of this title established was a fantastic subjective tribunal.

(126)

[contents]

 

 

 

 

 

 

1.4

[Spinoza as the Father of the Critique of the Doctrine of Judgment. Nietzsche, D.H. Lawrence, Kafka, and Artaud as his Disciples.]

 

[Spinoza’s ethics of practical physics (that is to say: doing things that increase the powers of our internal and external compositions) was the first case of a critique of the doctrine of judgment. In it, something is bad not because there is a rule handed out without practical considerations, like God giving commandments, with us being said to have done wrong simply because that authority judges us to have broken the arbitrary or unexplained rule. Rather, something is bad if it does us harm, in terms of the integrity of our internal composition and external social relations. Following Spinoza in the critique of the doctrine of judgment are: Nietzsche, D.H. Lawrence, Kafka, and Artaud.]

 

[Deleuze’s next claim is that the critique of the doctrine of judgment (at least insofar as it is developed in the Judea-Christian tradition) was first carried out by Spinoza. Deleuze elaborates on this idea more in his Spinoza: Practical Philosophy, ch.2, section II. In this chapter, Deleuze is discussing three major resemblances between Nietzsche’s and Spinoza’s philosophies. The second one is “A devaluation of all values, and of good and evil in particular (in favor of ‘good’ and ‘bad’): Spinoza the immoralist” (Deleuze, Spinoza: Practical Philosophy, p.22). He begins by noting that for Spinoza, certain actions will concurrently either increase the powers resulting from improvements in our body’s internal and external relations, or they may decrease the body’s power by degrading those relations. This is more a matter of good and bad rather than Good and Evil, because the distinction here has less of a moral value and more of a pragmatic one, so to speak. What makes something good or bad is not the judgment of some being that transcends the given material situation, like God, but rather it is simply the effects of the immediate combinations of bodies. So we do have certain laws or rules that we live by. Suppose we consider the prohibition against adultery. The Spinozistic view would say that we should not commit adultery, because it will degrade our relations with our spouse (and also, we internally may suffer turmoil, especially as a by-product of the breakdown in our union.) (See Deleuze’s discussion of adultery and Spinoza in Course 1981.01.20). However, if we do not fully conceive the immanent context of this rule and its value in that context, then we might not see any immanent ground for it. We might then think of it as an inexplicable command from a transcendent God that we must follow simply because God orders us to. In the first place, we have an ethics. In the second, we have Morality. But note that in the second case, of a transcendent source of moral law, there is an element of judgment that will determine the moral value of our actions. Suppose we commit adultery. What makes it wrong? God gave us a rule, and now judges us guilty of breaking it. The wrongful action otherwise has no other basis for its immorality. But in the first case, of an immanent source of ethical guidelines, there is no judgment that we did something wrong: there is simply the adverse effects of the breakdown of our union and of our inner bodily integrity (as seen in the inner turmoil we might face). In other words, Spinoza has done with judgment by making ethics a matter of immanent physical consequences. Furthermore, if we can see the practical value of a rule, then we understand it properly. But if we do not, for instance, if we do not realize the physical consequences of committing adultery, then we misunderstand the rule and attribute its rightness to the judgment of the God who ordained it. Deleuze writes: “In this way, Ethics, which is to say, a typology of immanent modes of existence, replaces Morality, which always refers existence to transcendent values. Morality is the judgment of God, the system of Judgment. But Ethics overthrows the system of judgment. The opposition of values (Good-Evil) is supplanted by the qualitative difference of modes of existence (good-bad). [...] It is clear that we have only to misunderstand a law for it to appear to us in the form of a moral ‘You must.’ [...] Adam does not understand the rule of the relation of his body with the fruit, so he interprets God’s word as a prohibition” (Deleuze, Spinoza: Practical Philosophy, p.23). Next, Deleuze says that Spinoza had three disciples in this project of critiquing the doctrine of judgment, namely, Nietzsche, D.H. Lawrence, Kafka, and Artaud.]

 

En rupture avec la tradition judéo-chrétienne, c’est Spinoza qui mène la critique ; et il eut quatre grands disciples pour la reprendre et relancer, Nietzsche, Lawrence, Kafka, Artaud.

(158)

 

Breaking with the Judeo-Christian tradition, it was Spinoza who carried out the critique, and he had four great disciples to take it up again and push it further: Nietzsche, D. H. Lawrence, Kafka, Artaud.

(126)

[contents]

 

 

 

 

 

 

1.5

[The Personal Suffering of Judgment of Nietzsche, D.H. Lawrence, Kafka, and Artaud]

 

[Nietzsche, D.H. Lawrence, Kafka, and Artaud all suffered from judgment in their own lives.]

 

[Deleuze next makes a biographical observation: Nietzsche, D.H. Lawrence, Kafka, and Artaud, the four critics of the doctrine of judgment, who descend from Spinoza, had in their own lives suffered from judgments placed upon them.]

 

Les quatre eurent personnellement, singulièrement, à souffrir du jugement.

(158)

 

These four had personally, singularly suffered from judgment.

(126)

[contents]

 

 

 

 

 

 

1.6

[The Infinite Point of Convergence of Accusation, Deliberation, and Verdict]

 

[But although Nietzsche, D.H. Lawrence, Kafka, and Artaud all suffered judgment, they devised tactics for infinitely postponing that judgment, thereby having done with it, in a sense.]

 

[Deleuze’s next point is not so obvious, so let us quote it first: Nietzsche, D.H. Lawrence, Kafka, and Artaud “experienced that infinite point at which accusation, deliberation, and verdict converge.” I am afraid I cannot tell you exactly what this means. But I will give you my interpretation, and you can suggest your alternative. I am going to guess that Deleuze is working with a geometrical intuition, one that he discusses in other places. The idea is that in projective geometry, all parallel lines converge at a point at infinity. (See for instance Wildberger’s explanation: 31.3 and 32.4. Or this video lecture.) So, an intuition here is that parallel lines – in any given finite vicinity – seem to be positioned in relation to one another such that they would never intersect; nevertheless, they are in fact convergent at infinity, regardless of the appearances to the contrary. Deleuze also mentions a similar idea in the context of Leibniz and Michel Serres’ studies. Think of a cone. On its sides are lines going from the circular base to the point at the apex. Now move that apex point away from the circular base. What happens to those convergent lines? They stay convergent, but they move outward, toward a state of being parallel with each other. Now take the point out to infinity. We still have a point of their convergence, but we also have parallel lines, which seem non-convergeable. So they are parallel but convergent at an infinitely distant place. Such a cone where the apex is out at infinity is a cylinder with the parallel lines of the sides still converging far off. (See Deleuze’s course of  1983.05.03: “si le cône est le point de vue fini, il y a aussi un point de vue infini. Leibniz le dira dans les textes sublimes ; qu’est-ce que c’est que le point de vue infini ? Et finalement les deux, d’une certaine manière, sont isomorphes, et en tout cas parfaitement communicant, le point de vue infini c’est le cylindre. Dieu c’est un cylindre”; and Michel Serres’ Le système de Leibniz, pp. 152-154.) Let us work with that image. We have three things which are not immediately convergent, namely, accusation, deliberation, and verdict. It is not clear in what sense they are separate. The most obvious interpretation is that they are temporally separated. First you are accused of something, next you are tried, during which there is deliberation (of a judge or jury) about your culpability under the law, and finally the verdict is passed upon you. If we take the temporal explanation, their convergence at infinity (whatever that may be) generally speaking would be their simultaneity. Even in that case, it is not obvious what their simultaneity would be. Perhaps it is like Judgment Day, and God conducts all three acts simultaneously. Or maybe the idea is simply that Judgment day is infinitely far off, and that is the moment when all three actions will happen (regardless of simultaneity). Another possibility with regard to temporality is that we are dealing with an eternal sort of temporality, where all three are so but not at some determinate temporal location, and in that sense they are “contemporaneous” in eternity. None of these temporal interpretations is especially compelling. The next interpretation I would offer is vague, and it is working with intuitions of the mysterious. Consider certain operations of judgment in Kafka, for instance, the indefinite postponement that we discuss later. (In the before the law parable (door of the law), there is always another door beyond any given one. The destination (judgment, consisting of accusation, deliberation, and verdict) cannot be attained, but the series of doors is only enterable by that one man standing before them. In other words, the path indeed does lead to the judgment, but the destination is unattainable. As Deleuze will note, in Kafka’s The Trial for instance, there are both the operations of judgment and K’s keeping those operations in motion in such a way that judgment is not finalized. It is a sort of evasive engagement somehow. It is an engagement, because the character is engaging with the mechanisms and figures of the judicial system. But it is evasive, because his manner of engagement (and the system’s manner of engagement) prevents the judgment from becoming determinate (of course at the end of The Trial the man is killed. The unfinished Castle might be more useful to illustrate this somehow). In other words, the process of accusation, deliberation, and verdict are placed into a process with an indefinite end, but the operations are in fact working toward that end as their destination. So it is again like the parallel lines of the cone converging at infinity. K, so to speak, “bends” or “twists” the mechanisms of adjudication such that they never complete but still cooperate together under the common aim of being realized. But if the destination is off at infinity, then how is it that Kafka can immediately experience that convergence? Perhaps it is the ongoing, present action of deferring in such a way that it is an ultimate deferral by means of which we experience both the immediate divergence of the processes, while also experiencing their coming cooperation toward an end that is what currently organizes their relations. Derrida has this notion of the “mystical foundation of the authority of laws” (Derrida, “Force of Law,” p.239). Deleuze here seems to be suggesting something like a mystical end of law. Normally the end of law is something temporally attainable. But this sort of operation of the mechanisms of the legal system removes those ends from finite temporality, even while keeping the present, ongoing operations in place and aimed toward that end. At any rate, the overall general thought here seems to be that these four figures all suffered judgment but devised tactics for infinitely postponing that judgment, thereby having done with it in a way.]

 

Ils ont connu ce point où l’accusation, la délibération, le verdict se confondent à l’infini.

(158)

 

They experienced that infinite point at which accusation, deliberation, and verdict converge.

(126)

[contents]

 

 

 

 

 

 

1.7

[Nietzsche's, Lawrence’s, and Kafka’s particular judgments and escapes.]

 

[Nietzsche suffered judgment like a defiant condemned person; D.H. Lawrence was accused of immoralism and pornography even in his watercolor paintings; and, Kafka presented himself as innocent, but diabolically so, when a “tribunal” judged him unfit for marriage to Felice (for, he did not actually want the marriage, and in fact he fell in love with one of Felice’s friends, Grete Bloch, who was part of that tribunal.)]

 

[Deleuze next seems to elaborate on his prior point that Nietzsche, D.H. Lawrence, Kafka, and Artaud all suffered judgment but also “experienced that infinite point at which accusation, deliberation, and verdict converge” (see 1.6 above for our proposed interpretation of that.) In this sentence, he addresses the first three figures. What he says about Nietzsche I cannot explain or substantiate, “Nietzsche moved like a condemned man from room to room, against which he set a grandiose defiance.” As a first possible direction of investigation, I would turn to Ecce Homo. Here we might find indications of him feeling condemned and defying accusation. In the preface, for instance, he writes: “Hear me! For I am such and such a person. Above all, do not mistake me for someone else” (Nietzsche, Ecce 673); “I am, for example, by no means a bogey, or a moralistic monster—I am actually the very opposite of the type of man who so far has been revered as virtuous. Between ourselves, it seems to me that precisely this is part of my pride. I am a disciple of the philosopher Dionysus; I should prefer to be even a satyr to being a saint” (ibid., 673); “Philosophy, as I have so far understood and lived it, means living voluntarily among ice and high mountains—seeking out everything strange and questionable in existence, everything so far placed under a ban by morality. Long experience, acquired in the course of such wanderings in what is forbidden, taught me to regard the causes that so far have prompted moralizing and idealizing in a very different light from what may seem desirable: the hidden history of the philosophers, the psychology of the great names, came to light for me” (674). But I am not sure what exactly Deleuze had in mind for this. The part about D. H. Lawrence is quite clear and straightforward, but I do not now have any good textual support for it: “Lawrence lived under the accusations of immoralism and pornography that were brought against the least of his watercolors.” But I would suggest looking perhaps at his “Introduction to These Paintings.” For instance: “The reason the English produce so few painters is not that they are, as a nation, devoid of a genuine feeling for visual art. [...] The fault lies in the English attitude to life. [...] What appeared to take full grip on the northern consciousness at the end of the sixteenth century was a terror, almost a horror of sexual life.” (Lawrence, “Introduction,” 551); “All this sounds very far from the art of painting. But it is not so far as it sounds” (ibid., 555); “the terror-horror element led to the crippling of the consciousness of man. Very elementary in man is his sexual and procreative being, and on his sexual and procreative being depend many of his deepest instincts and the flow of his intuition” (ibid., 556); “This movement against the instincts and the intuition took on a moral tone in all countries. It started in hatred. Let us never forget that modern morality has its roots in hatred, a deep, evil hate of the instinctive, intuitional, procreative body. This hatred is made more virulent by fear, and an extra poison is added to the fear by unconscious horror of syphilis” (ibid., 558). However, the final claim about Kafka has a specific textual citation, so we can explore it further. Deleuze writes: “Kafka showed himself to be ‘diabolical in all innocence’ in order to escape from the ‘tribunal in the hotel’ where his infinite engagements were being judged.” It is from Elias Canetti’s Kafka's Other Trial: The Letters to Felice. The section in question begins: “Two decisive events in Kafka's life—events which he of all people would have wanted to keep especially private—had taken place in a way that was embarrassingly public: the official engagement in the Bauer family home on June 1, and, six weeks later, on July 12, 1914, the ‘tribunal’ at the Askanische Hof, which led to the breaking of the engagement. It can be shown that the emotional substance of both events entered directly into The Trial, which Kafka began to write in August. The engagement becomes the arrest in the first chapter; the ‘tribunal’ appears as the execution in the last” (Canetti’s Kafka’s Other Trial, 63). Previously, Canetti notes how “on June 16, he [Kafka] does finally send her [Felice] the ‘treatise,’ on which he has worked haltingly for an entire week. It is the letter in which he asks her to become his wife” (ibid., 45). Shortly after Kafka “begins his unrelenting struggle against the engagement. This persists for the next two months and ends in flight” (ibid., 46). “He pleads the case against himself like an advocate using all available means, and it cannot be denied that these means are sometimes ignominious” (ibid.). “Whenever it is a question of saving himself from marriage, all he can muster is eloquence directed against himself. It can at once be recognized as such; its main feature is the disguising of his own fears as anxieties about Felice” (ibid., 47). “On September 2, after two months of continuously worsening torment, Kafka quite suddenly announces to Felice that he is pulling out” (ibid., 48). “He wrote no more letters—anything, at that time, rather than her insistence on the engagement. Hearing nothing from him, she sent her friend Grete Bloch to Prague, with the request that Grete mediate between them. With the entry of a third person, a new and very remarkable phase in the relationship now began” (ibid., 49). “As soon as Grete Bloch enters the scene, Kafka becomes divided. The letters he was writing to Felice the previous year he now directs to Grete” (ibid.). “In some respects he has an easier time of it than he had with Felice. Grete Bloch is more flexible, more receptive, more passionate. So she follows his suggestions” (ibid., 50). “Since Grete Bloch soon opens her heart to him, and tells him about her own difficulties, he is touched by her sadness and comforts her; she comes to be something of a fellow sufferer, eventually even an alter ego” (ibid.). “Precisely this distance which he achieves through the correspondence with Grete Bloch, and certainly too his conversations with a new friend, the writer Ernst Weiss, who hates Felice and counsels against marriage to her, serve to strengthen Kafka’s self-will, so that once again he is wooing Felice. Now he is manifestly determined to go through with the engagement and marriage, and he fights for them with a singleness of purpose hardly creditable to him after his earlier conduct. He is certainly well aware of his guilt of the previous year, when, at the last moment, just before their engagement was to be announced, he suddenly dropped Felice and absconded to Vienna and Riva. In a long | letter to Felice written at the turn of the year 1913-14, he also tells Felice about the Swiss girl and, simultaneously, he asks her, for a second time, to marry him. Her resistance is no less tenacious than his wooing” (ibid., 51-52). “For two and a half months Felice remains adamant and indifferent” (ibid., 52). “He humbles himself before her ‘like a dog,’ but achieves nothing” (ibid.). “Then Felice became uncertain, due to the loss of her handsome brother [...]. Her defenses crumbled. Kafka at once sees his advantage, and after four more weeks he succeeds in coercing her into an engagement. At Easter 1914, in Berlin, they become unofficially engaged” (ibid., 53). “The warmth of his affection for Grete increases after the Easter engagement. Without her, he would never have brought the engagement about, and he knows this. She gave him the strength he needed, as well as detachment with regard to Felice” (ibid.). “During the course of his very hard struggle for Felice, there came into being his love for the woman without whom he could not have survived this struggle—Grete Bloch. The marriage would only be complete, to his thinking, if she were included” (ibid., 55). “In this regard it must be said that, for Kafka, who seldom felt free in conversation, love came into being through his written word. The three most important women in his | life were Felice, Grete Bloch, and Milena Jesenká. His feelings for each of them came into being through letters. So things turned out as he had expected: the official engagement in Berlin was a time of terror for Kafka. At the reception given by the Bauer family on June 1,1914, despite the much-desired presence of Grete Bloch, he felt ‘tied hand and foot like a criminal. Had they sat me down in a corner bound in real chains, placed policemen in front of me and let me look on simply like that, it could not have been worse. And that was my engagement; everybody made an effort to bring me to life, and when they couldn't, to put up with me as I was.’13 Thus his diary entry a few days afterward. In a letter written to Felice almost two years later, he describes another terror of those days, one that he still felt in his bones; it was the occasion of his going with her ‘to buy furniture in Berlin for an official in Prague’: ‘Heavy furniture which looked as if, once in position, it could never be removed. Its very solidity is what you appreciated most. The sideboard in particular—a perfect tombstone, or a memorial to the life of a Prague official—oppressed me profoundly. If during our visit to the furniture store a funeral bell had begun tolling in the distance, it wouldn’t have been inappropriate’ (462). As early as June 6, a few days after that reception, he wrote from Prague a letter to Grete Bloch which sounds uncannily familiar to the reader of the previous year’s correspondence: ‘Dear Fraulein Grete, yesterday was another of those days when I felt completely tied down, incapable of moving, incapable of writing you the letter that everything still alive within me urged me to write. At times—and for the moment you are the only one to know—I really don’t know how I, being what I am, can bear the responsibility of marriage’ (420)” (ibid., 55-56). Regarding Grete: “between Kafka and herself there were secrets concerning Felice, and certainly she had developed strong feelings for him. The dress she was to wear at the engagement was discussed in their letters; it is as if she were the betrothed. ‘Don’t try to improve it,’ he wrote of her dress, ‘no matter what it’s like, it will be viewed with the, yes, with the most affectionate eyes’ (418). He wrote her this letter one day before his departure and the official engagement” (ibid., 57). And regarding Grete and “the jealousy from which she certainly was suffering. With Felice nearby, since she was now living in Berlin, she could not but feel especially guilty. She could only rid herself of this guilt by crossing to Felice’s side. So now she suddenly became Kafka's adversary and began to watch suspiciously for signs indicating that his decision to marry might not be serious. But he continued to write letters to her, trustingly, and more and more he unloaded into his letters his fears about the ap- | preaching marriage to Felice. She began to urge him on; he defended himself with the old arguments of his hypochondria, and, since it was Grete to whom he was addressing himself, he put his case in a more convincing and collected way than in the previous year's letters to Felice. He succeeded in giving her the alarm, she warned Felice, and Kafka was summoned to Berlin to face the ‘tribunal.’ The ‘tribunal’ at the Askanische Hof hotel in July 1914 marks the point of crisis in Kafka’s double relation to the two women. The breaking of the engagement—although everything in Kafka was moving in that direction—seems to have been imposed on him from outside. But it is as if he himself had selected the members of this court, preparing them as no accused has ever done. The writer Ernst Weiss, though not present at the tribunal, at least lived in Berlin. He had been Kafka’s friend for seven months; together with his literary qualities, he brought to the friendship something of inestimable value to Kafka: his steadfast rejection of Felice. From the very beginning he had opposed the engagement. For the same length of time, Kafka had been seeking Grete’s love. He had bewitched her with his letters and brought her more and more to his side. During the time between the private and the official engagement, his love letters were being written to her, not to Felice. This placed her in a bind, from which she could only extricate herself by an about-face which would make her judge his case. She placed into Felice’s hands the points of the accusation; in Kafka’s letters to her there were passages she had underlined in red. Felice brought to the ‘tribunal’ her sister Erna, perhaps as a counterweight to her absent adversary, Ernst Weiss. The accusation, a hard and spiteful one, was brought forward by Felice herself; the scant records we have do not make it clear whether or not Grete Bloch then directly intervened. But she | was there, and Kafka felt that she was the real judge. He did not say a word, did not defend himself, and the engagement fell to pieces, just as he had wished. He left Berlin and spent two weeks at the seaside with Ernst Weiss. In his diary he describes his numbness during the Berlin days. Or one might quite well view it in retrospect as follows: Grete Bloch was trying, in this way, to prevent an alliance of which she was jealous. Kafka, it can also be said, with a kind of provident premonition had directed her toward Berlin and then, with his letters, induced in her a state of mind in which she, instead of he, found the strength to rescue him from the engagement. But the manner of this break, its concentrated form as ‘tribunal’—which is what Kafka called it afterward—had an overwhelming effect on him. At the beginning of August his reaction begins to formulate itself. The trial, which had been proceeding for two years in letters between him and Felice, now changed into that other Trial, which everybody knows. It is the same trial, he had rehearsed it; he incorporated into it infinitely more than the letters alone reveal, but that should not deceive us as to the identity of the two trials. The strength he had sought in Felice was now given to him by the shock of the tribunal. Simultaneously, the world came to judgment: World War I had begun. The repugnance with which he regarded the mass events accompanying the outbreak of war increased his strength. He did not have for his private and interior processes that disregard which distinguishes insignificant writers from writers of imagination. A person who thinks that he is empowered to separate his inner world from the outer one has no inner world from which something might be separable. But with Kafka the problem was that the weakness he suffered from—the occasional collapse of his vital pow- | ers—made possible only a very sporadic exfoliation and objectification of his “private” processes. To achieve the continuity that he thought indispensable, two things were needed: a very powerful, yet somehow still erroneous shock, like the “tribunal,” which mobilized his agonizing passion for precision as a defense against attacks from outside; and a bond between the external hell of the world and his inner hell. This came about in August 1914. He himself acknowledged the connection, and in his own way he gave distinct expression to it” (ibid., 57-60). In the next section, Canetti then shows the resemblance between these biographical events and certain features of characters and scenes in the Trial (for instance, Grete Bloch is like Fräulein Bürstner) (ibid 63-67). Then Canetti deals with more letter material, which will take us to Deleuze’s cited passages. “To understand now how the ‘tribunal,’ which had an enormous impact on Kafka, became the execution in the last chapter of The Trial, we must additionally consider several passages from the diaries and from letters. Toward the end of July, he sets out to describe the sequence of events, | hurriedly and provisionally, as it were from an external standpoint: ‘The tribunal in the hotel.... F.’s face. She patted her hair with her hand, ... yawned. Suddenly she gathered herself together and said very studied, hostile things she had long been saving up. The trip back with Miss Bl. . . . At her parents’. Her mother’s occasional tears. I recited my lesson. Her father understood the thing from every side.... They agreed that I was right, there was nothing, or not much, that could be said against me. Devilish in my innocence. Miss Bl.’s apparent guilt....’ ‘Why did her parents and aunt wave after me?’18 ‘The next day didn’t visit her parents again. Merely sent a messenger with a letter of farewell. Letter dishonest and coquettish. “Don't think badly of me.” Speech from the gallows.’ Thus, already by July 27, two weeks after the events, the ‘place of execution’ has fixed itself in his mind. With the word Gerichtshof (‘tribunal’), he had entered the sphere of the novel. With Richtplatz (‘gallows,’ or ‘place of execution’), its goal and end are foreshadowed. This early fixing of the goal is worth noting. It explains the sure development of The Trial” (ibid., 67-68).]

 

Nietzsche traverse en accusé toutes les pensions meublées auxquelles il oppose un grandiose défi, Lawrence vit dans l’accusation d’immoralisme et de pornographie qui rejaillit sur sa moindre aquarelle, Kafka se montre « diabolique en toute innocence » pour échapper au « tribunal à l’hôtel » où l’on juge de ses fiançailles infinies1.

(158)

1. Cf. Elias Canetti, L’autre procès, Gallimard.

(158)

 

Nietzsche moved like a condemned man from room to room, against which he set a grandiose defiance; Lawrence lived under the accusations of immoralism and pornography that were brought against the least of his watercolors; Kafka showed himself to be “diabolical in all innocence” in order to escape from the “tribunal in the hotel” where his infinite engagements were being judged.1

(126)

1. See Elias Canetti, Kafka's Other Trial: The Letters to Felice, trans. Christopher Middleton (New York: Schocken, 1974), p. 68, translation modified.

(199)

 

[contents]

 

 

 

 

 

 

1.8

[Artaud’s (and Van Gogh’s) Judgments by Psychiatrists]

 

[Artaud’s artistic genius was judged by psychiatrists as madness, and they subjected him to cruel treatments like heavy drugs and electroshock therapy. His situation was not unlike Van Gogh’s.]

 

[Deleuze places the fourth elaboration, Artaud, in its own sentence, writing: “And who suffered more from judgment in its harshest form, the terror of psychiatric expertise, than Artaud-Van Gogh?” There is no citation here, but we might note, for instance how Artaud, at the asylum at Rodez, writes to a doctor (Jacques Latrémolière) “You have seen the hordes of demons which afflict me night and day, you have seen them as clearly as you see me. You have seen what filthy erotic manipulations they are constantly performing on me, and because of this and because of the revolt of your conscience which is that of a true and a great Christian, you have found yourself transported alive and awake into the midst of that occult battle which heaven has been waging against Hell for eternities in order to defend the immaculate empire of God.--But one thing has offended and unsettled your conscience: that God in time has not yet put an end to the appalling human depravity of a people, I mean the French people who have now passed over completely to the Antichrist and to Satan and who have kept a man locked up in an Insane Asylum for years for the sole purpose of feeding off of his seminal fluid and his excrement” (Artaud, Selected Writings, 423). To another doctor: “In order to find a little Love around me on this earth, Dr. Ferdière, I had to come to Rodez. I have suffered horribly from human wickedness in all the Asylums I have stayed in from 1937 to 1943. Only here have I found friends who have opened their hearts to me” (ibid., 431). “As a result of close confinement, solitude, isolation, I had lapsed into a stupor and I shall never tire of telling you the astonishing good that you and F. Delanglade have done me in showing your faith in and admiration for my writing and my work” (ibid., 435). “It was the confinement and the harmful treatments I underwent at the beginning which put me in that condition of a hunted animal that I was in when I arrived here” (ibid., 436). To Jacques Latrémolière, “It was you yourself who last August put an end to the electric-shock treatments which were so terrible for me, because you realized that this was not a treatment I should have to undergo, and that a man like myself did not need to be treated but on the contrary, helped in his work. Electric shock, Mr. Latremolière, reduces me to despair, it takes away my memory, it dulls my mind and my heart, it turns me into someone who is absent and who knows he is absent and sees himself for weeks in pursuit of his being, like a dead man alongside a living map who is no longer himself, but who insists on the dead man being present even though he can no longer enter into him. After the last series I remained throughout the months of August and September absolutely incapable of working, thinking, and feeling that I was alive. Each time it brings on those horrible splittings of the personality which I wrote about in the correspondence with Rivière, but which at that time was a perceptual knowledge and not a living agony as with electric shock” (ibid., 438). “[...] never in the world would you have agreed to inflict on me once again the torments of drugged sleep and the horrible mental torpor of electric shock” (ibid., 439). “[...] I do believe that there are on earth some very bad people who desire the reign of evil and who are organized in sects to bring it about and who, by committing their abominations and their crimes, are keeping life at the level of baseness, hatred, war, despair, shame.--And I know that it is the practice of the sins of all the criminals of this ill will that is the source of temptation for us who want to be pure and good.--I know it because it was for trying to denounce them as a body that I was accused of madness, and when Dr. Ferdière or you reproach me for conjuring, it is because you can no longer see the opposing conjurations which | were made against you by the whole army of evil to prevent you from judging me with your mind and your heart; my story, Dr. Latrémolière, is a nameless iniquity and a crime which people do not want to let you see and which they are sealing up in your own mind in order to reverse your judgment of me. I hope that Heaven will help you to understand everything I am trying to tell you, but if Dr. Ferdière refuses to continue to treat me like a sick person because I am leading here the same life that, as I said, I have lived since 1913, I am going to ask my family to come and get me” (ibid., 439-440). But, I am not sure what to do with the hyphenated “Van Gogh” to his name in the quoted Deleuze passage. Yet, Artaud wrote about Van Gogh in “Van Gogh, the Man Suicided by Society.” He writes, for instance, “One can speak of the good mental health of van Gogh who, in his whole life, cooked only one of his hands and did nothing else except once to cut off his left ear” (ibid., 483). “No, van Gogh was not mad, but his paintings were bursts of Greek fire, atomic bombs, whose angle of vision” (ibid., 483). “For it is not a certain conformity of manners that the painting of van Gogh attacks, but rather the conformity of institutions themselves. [...] All the more reason why on the social level institutions are falling apart and medicine resembles a stale and useless corpse which declares van Gogh insane. In comparison with the lucidity of van Gogh, which is a dynamic force, psychiatry is no better than a den of apes who are themselves obsessed and persecuted and who possess nothing to mitigate the most appalling states of anguish and human suffocation but a ridiculous terminology, worthy product of their damaged brains” (ibid., 484). “So society has strangled in its asylums all those it wanted to get rid of or protect itself from, because they refused to become its accomplices in certain great nastinesses. For a madman is also a man whom society did not want to hear and whom it wanted to prevent from uttering certain intolerable truths” (ibid., 485). “Thus on the occasion of a war, a revolution, or a social upheaval still in the bud, the collective consciousness is questioned and questions itself, and makes its judgment” (ibid., 486). “Van Gogh searched for his throughout his life, with a strange energy and determination, and he did not commit suicide in a fit of madness, in dread of not succeeding, on the contrary, he had just succeeded, and discovered what he was and who he was, when the collective consciousness of society, to punish him for escaping from its clutches, suicided him” (ibid., 487). “For it was not because of himself, because of the disease of his own madness, that van Gogh abandoned life. It was under the pressure of the evil influence, two days before his death, of Dr. Cachet, a so-called psychiatrist, which was the direct, effective, and sufficient cause of his death. When I read van Gogh’s letters to his brother, I was left with the firm and sincere conviction that Dr. Cachet, ‘psychiatrist,’ actually detested van Gogh, painter, and that he detested him as a painter, but above all as a genius. It is almost impossible to be a doctor and an honest man, but it is obscenely impossible to be a psychiatrist without at the same time bearing the stamp of the most incontestable madness: that of being unable to resist that old atavistic reflex of the mass of humanity, which makes any man of science who is absorbed by this mass a kind of natural and inborn enemy of all genius. Medicine was born of evil, if it was not born of illness, and if it has, on the contrary, provoked and created illness out of nothing to justify its own existence ; but psychiatry was born of the vulgar mob of creatures who wanted to preserve the evil at the source of illness and who have thus pulled out of their own inner nothingness a kind of Swiss guard to cut off at its root that impulse of rebellious vindication which is at the origin of genius. There is in every lunatic a misunderstood genius whose idea, shining in his head, frightened people, and for whom delirium was | the only solution to the strangulation that life had prepared for him. Dr. Cachet did not tell van Gogh that he was there to straighten out his painting (as Dr. Gaston Ferdière, head physician of the asylum of Rodez, told me he was there to straighten out my poetry), but he sent him to paint from nature, to bury himself in a landscape to escape the pain of thinking. Except that, as soon as van Gogh had turned his back, Dr. Cachet turned off the switch to his mind” (ibid., 492-493). “I, too, am like poor van Gogh, I no longer think, but I direct, every day at closer hand, formidable internal ebullitions, and I would like to see any medical science whatsoever come and reproach me for tiring myself” (ibid., 495). “And there took place between Dr. Cachet and Theo, van Gogh’s brother, how many of those stinking confabulations that families have with the head physicians of insane asylums regarding the patient they have brought them. ‘Keep an eye on him, make sure he forgets all those ideas. You understand, the doctor said so, you must forget all those ideas: they're hurting you, if you keep on thinking about them you’ll stay shut up for the rest of your life’” (ibid., 496). “I myself spent nine years in an insane asylum and I never had the obsession of suicide, but I know that each conversation with a psychiatrist, every morning at the time of his visit, made me want | to hang myself, realizing that I would not be able to cut his throat” (ibid., 496-497).]

 

Et Artaud-Van Gogh, qui a davantage souffert du jugement sous sa forme la plus dure, la terrible expertise psychiatrique ?

(158)

 

And who suffered more from judgment in its harshest form, the terror of psychiatric expertise, than Artaud-Van Gogh?

(126)

[contents]

 

 

 

 

 

Bibliography:

 

Deleuze, Gilles. “Pour en finir avec le jugement.” In Critique et clinique, 158–69. Paris: Minuit, 1993.

 

Deleuze, Gilles. “To Have Done with Judgment.” In Essays Critical and Clinical, translated by Daniel Smith and Michael Greco, 126–35. Minneapolis, Minn.: University of Minnesota, 1997.

 

Or if otherwise cited:

 

Artaud, Antonin. Selected Writings. Edited by Susan Sontag. Translated by Helen Weaver. New York: Farrar, Straus, and Giroux, 1976.

 

Canetti, Elias. Kafka’s Other Trial: The Letters to Felice. Translated by Christopher Middleton. New York: Schocken, 1974.

 

Deleuze, Gilles. Course 1983.05.03, Part 2. Online recording at Bibliothèque nationale de France/Gallica; recording and transcript at La voix de Gilles Deleuze en ligne, Université Paris 8 (Transcription by Jean-Charles Jarrell); no transcript at Web Deleuze. Paris, 1983.

https://gallica.bnf.fr/ark:/12148/bpt6k128341j ; http://www2.univ-paris8.fr/deleuze/article.php3?id_article=243.

 

Deleuze, Gilles. Kant’s Critical Philosophy: The Doctrine of the Faculties. Translated by Hugh Tomlinson and Barbara Habberjam. London: Athlone, 1995.

 

Deleuze, Gilles. Spinoza: Practical Philosophy. Translated by Robert Hurley. San Francisco: City Lights, 1988.

 

Derrida, Jacques. “Force of Law: The ‘Mystical Foundation of Authority.’” In Acts of Religion, edited by Gil Anidjar, translated by Mary Quaintance, 230–98. New York: Routledge, 2002.

 

Kant, Immanuel. Critique of the Power of Judgment. Edited by Paul Guyer. Translated by Paul Guyer and Eric Matthews. Cambridge: Cambridge University, 2000.

 

Lawrence, D. H. “Introduction to These Paintings.” In Phoenix: The Posthumous Papers, edited by Edward McDonald, 550–84. London: Heinemann, 1936.

 

Nietzsche, Friedrich. Ecce Homo. In Basic Writings, edited and translated by Walter Kaufmann, 655–800. New York: Modern library, 1968.

 

Serres, Michel. Le système de Leibniz et ses modèles mathématiques, Vol. 1: étoiles. Paris: Presses universitaires de France, 1968.

 

 

 

3 Dec 2019

Deleuze (ED) “To Have Done with Judgment” / “Pour en finir avec le jugement,” entry directory

 

by Corry Shores

 

[Search Blog Here. Index tabs are found at the bottom of the left column.]

 

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[Deleuze, entry Directory]

 

 

 

 

 

Entry Directory for

 

Gilles Deleuze

 

“Pour en finir avec le jugement”

“To Have Done with Judgment”

 

Paragraph 1

[Introduction to the Doctrine of Judgment, Its General History, and Its Main Opponents (Spinoza, Nietzsche, D.H. Lawrence, Kafka, and Artaud)]

 

 

 

 

 

 

 

 

 

Deleuze, Gilles. “Pour en finir avec le jugement.” In Critique et clinique, 158–69. Paris: Minuit, 1993.

 

Deleuze, Gilles. “To Have Done with Judgment.” In Essays Critical and Clinical, translated by Daniel Smith and Michael Greco, 126–35. Minneapolis, Minn.: University of Minnesota, 1997.

 

 

 

 

9 Jul 2018

Priest (7.6) An Introduction to Non-Classical Logic, ‘Truth-value Gluts: Inconsistent Laws,’ summary

 

by Corry Shores

 

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[The following is summary of Priest’s text, which is already written with maximum efficiency. Bracketed commentary and boldface are my own, unless otherwise noted. I do not have specialized training in this field, so please trust the original text over my summarization. I apologize for my typos and other unfortunate mistakes, because I have not finished proofreading, and I also have not finished learning all the basics of these logics.]

 

 

 

 

Summary of

 

Graham Priest

 

An Introduction to Non-Classical Logic: From If to Is

 

Part I:

Propositional Logic

 

7.

Many-Valued Logics

 

7.6

Truth-value Gluts: Inconsistent Laws

 

 

 

 

Brief summary:

(7.6.1) We will now examine philosophical motivations for advocating for multi-valued logics with truth-value gaps or gluts. (7.6.2) In this chapter subsection, Priest will elaborate on the issue of inconsistent laws. (7.6.3) For example, consider if long ago there were the laws {1} that no aborigines have the right to vote, but {2} all property-holders have that right. At the time it was unthinkable for aborigines to own property, but later in history they do. Thus in the legal system, later on in history, aborigines both have and do not have the right to vote. (7.6.4) In cases of insistent laws, normally they are rectified to make them consistent. Nonetheless, they will remain inconsistent for some time until that change will be made. (7.6.5) Priest next considers a possible objection, namely, that such seemingly contradictory laws are actually consistent, because there is always some other law that clarifies which of the two contradicting laws takes precedent; “for example lex posterior (that a later law takes precedence over an earlier law), or that constitutional law takes precedence over statute law, which takes precedence over case law. One might insist that all contradictions are only apparent” (128). (7.6.6) Priest’s reply to this objection is that while it may be that in actual fact there are many cases where additional laws dissolve the apparent legal contradiction, in principle it is still possible, as for example were both laws made at the same rank.

 

 

 

 

 

Contents

 

7.6.1

[Philosophical Motivations for Multi-Valued Logics]

 

7.6.2

[The Topic: Inconsistent Laws]

 

7.6.3

[An Example of Inconsistent Laws: Aborigine Land-Owners

 

7.6.4

[The Temporary Persistence of Inconsistent Laws]

 

7.6.5

[Objection: Other Laws are Always in Place to Clarify the Law that Takes Precedent]

 

7.6.6

[Reply: This Holds in Fact but not in Principle]

 

 

 

 

 

 

 

Summary

 

 

7.6.1

[Philosophical Motivations for Multi-Valued Logics]

 

[We will now examine philosophical motivations for advocating for multi-valued logics with truth-value gaps or gluts.]

 

[We are dealing with 3-valued logics, which have the truth values 1, 0, and i  (true, false, and indeterminate; see Nolt’s Logics section 15.2). We examined two pairings of 3-valued logics. The first pairing, K3 and Ł3, regards the value i as having the sense of neither true nor false (see section 7.3), and the second pairing, LP and RM3, regard i as meaning both true and false (see section 7.4). (I am not sure how that distinction of their sense comes about from the semantics. My best guess is that it has something to do with the fact that for K3 and Ł3, the designated value is 1, and for LP and RM3 it is 1 or i. So maybe if we think of validity as truth preservation, then to have i as a designated value means that it has at least some 1 in it, and when it is not a designated value means it has no 1 in it. I am just wondering aloud.) In the following sections we will consider some philosophical motivations for advocating for either truth-value gaps or gluts. The motivations for gaps will be denotation failure and future contingents. The motivations for gluts will be inconsistent laws and paradoxes of self reference. But Priest notes some other motivations for gluts that we will not examine here, namely: “the state of affairs realised at an instant of change; statements about some object in the border-area of a vague predicate; contradictory statements in the dialectical tradition of Hegel and Marx; statements with predicates whose criteria of application are over-determined; and certain statements about micro-objects in quantum mechanics” (128). See In Contradiction chapter 11 and 12 for inconsistency and motion, and see “Dialectic and Dialetheic” for contradiction in Hegel and Marx.]

Let us now turn to the issue of the philosophical motivations for many-valued logics and, in particular, the 3-valued logics we have met. Typically, the motivations for those logics that treat i as both true and false (a truth-value glut), like LP and RM3, are different from those that treat i as neither true nor false (a truth-value gap), like K3 and Ł3. Let us start | with the former. We will look at two reasons for supposing that there are truth-value gluts.2

(127-128)

2. Other examples of truth-value gluts that have been suggested include the state of affairs realised at an instant of change; statements about some object in the border-area of a vague predicate; contradictory statements in the dialectical tradition of Hegel and Marx; statements with predicates whose criteria of application are over-dertermined; and certain statements about micro-objects in quantum mechanics.

(128)

[contents]

 

 

 

 

7.6.2

[The Topic: Inconsistent Laws]

 

[In this chapter subsection, Priest will elaborate on the issue of inconsistent laws.]

 

[In section 4.8.3, Priest gave an example where a contradiction of laws does not create a logical “explosion” entailing everything.

Another example: pieces of legislation are often inconsistent. To avoid irrelevant historical details, here is an hypothetical example. Suppose that an (absent-minded) state legislator passes the following traffic laws. At an unmarked junction, the priority regulations are:

(1) Any woman has priority over any man.

(2) Any older person has priority over any younger person.

(We may suppose that clause 2 was meant to resolve the case where two men or two women arrive together, but the legislator forgot to make it subordinate to clause 1.) The legislation will work perfectly happily in three out of four combinations of sex and age. But suppose that Ms X, of age 30, approaches the junction at the same time as Mr Y, of age 40. Ms X has priority (by 1), but has not got priority (by 2 and the meaning of ‘priority’). Hence, the situation is inconsistent. But, again, it would be stupid to infer from this that, for example, the traffic laws are consistent.

(p.75, section 4.8.3)

In this chapter subsection, Priest will elaborate on this matter of inconsistent laws.]

The first concerns inconsistent laws, and the rights and obligations that agents have in virtue of these. We have already had an example of this in 4.8.3 concerning inconsistent traffic regulations.

(128)

[contents]

 

 

 

 

7.6.3

[An Example of Inconsistent Laws: Aborigine Land-Owners]

 

[For example, consider if long ago there were the laws {1} that no aborigines have the right to vote, but {2} all property-holders have that right. At the time it was unthinkable for aborigines to own property, but later in history they do. Thus in the legal system, later on in history, aborigines both have and do not have the right to vote.]

 

[(ditto)]

Here is another example. Suppose that in a certain (entirely hypothetical) country the constitution contains the following clauses:

(1) No aborigine shall have the right to vote.

(2) All property-holders shall have the right to vote. We may suppose that when the law was made, the possibility of an aboriginal property-holder was so inconceivable as not to be taken seriously. Despite this, as social circumstances change, aborigines do come to hold property. Let one such be John. John, it would appear, both does and does not have the right to vote.

(128)

[contents]

 

 

 

 

7.6.4

[The Temporary Persistence of Inconsistent Laws]

 

[In cases of insistent laws, normally they are rectified to make them consistent. Nonetheless, they will remain inconsistent for some time until that change will be made.]

 

[(ditto)]

Of course, if a situation of this kind comes to light, the law is likely to be changed to resolve the contradiction. The fact remains, though, that until the law is changed the contradiction is true.

(128)

[contents]

 

 

 

 

7.6.5

[Objection: Other Laws are Always in Place to Clarify the Law that Takes Precedent]

 

[Priest next considers a possible objection, namely, that such seemingly contradictory laws are actually consistent, because there is always some other law that clarifies which of the two contradicting laws takes precedent; “for example lex posterior (that a later law takes precedence over an earlier law), or that constitutional law takes precedence over statute law, which takes precedence over case law. One might insist that all contradictions are only apparent” (128).]

 

[(ditto)]

One way that one might object to this conclusion is as follows. The law contains a number of principles for resolving apparent contradictions, for example lex posterior (that a later law takes precedence over an earlier law), or that constitutional law takes precedence over statute law, which takes precedence over case law. One might insist that all contradictions are only apparent, and can be defused by applying one or other of these principles.

(128)

[contents]

 

 

 

 

7.6.6

[Reply: This Holds in Fact but not in Principle]

 

[Priest’s reply to this objection is that while it may be that in actual fact there are many cases where additional laws dissolve the apparent legal contradiction, in principle it is still possible, as for example were both laws made at the same time or they are of the same rank.]

 

[(ditto)]

It is clear, however, that there could well be cases where none of these principles are applicable. Both laws are made at the same time; they are both laws of the same rank, and so on. Hence, though some legal contradictions may be only apparent, this need not always be the case.

(128)

[contents]

 

 

 

 

 

 

 

 

 

From:

 

Priest, Graham. 2008 [2001]. An Introduction to Non-Classical Logic: From If to Is, 2nd edn. Cambridge: Cambridge University.

 

 

 

 

 

 

 

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8 Aug 2016

Peirce (CP1.338-1.342) Collected Papers of Charles Sanders Peirce, Vol1/Bk3/Ch2/C/§2, 'Representation and Generality', summary

 

by Corry Shores

 

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[The following is summary. Boldface and bracketed commentary are mine. Proofreading is incomplete, so please forgive my typos.]

 

 

Summary of

 

Charles Sanders Peirce

 

Collected Papers of Charles Sanders Peirce

 

Volume 1: Principles of Philosophy

 

Book 3: Phenomenology

 

Chapter 2: The Categories in Detail

 

C: Thirdness

 

§2: Representation and Generality [1.338-1.342]

 

 

Brief summary:

Thirdness, which is a matter of generality, is a tricky concept that requires careful examination. Representations (signs) for instance are matters of thirdness and generality. A sign has three parts to its composition. The first is the actual structure or thing that is recognized as a sign for something (like a symbol for example). The second part is the object that the sign stands for. The third is the idea in the mind involved when recognizing that a sign represents some object. This is called the ‘interpretant’, [and it seems similar to what Frege calls sense]. There are important ideas involved in thirdness that call for further examination, namely, generality, infinity, continuity, diffusion, growth, and intelligence. An example of thirdness, or generality in terms of rules, is a cook who will make an apple pie. The firstness here is the dream the cook has of the pleasure she will enjoy when eating the pie. It is a first, because there is simply the pure quality of feeling of the pleasure of eating the pie. The secondness are the acts of preparing the pie and of eating it. These are seconds, because the cook’s volition meets external resistance from the things in the world when preparing and eating the pie. What bridges this firstness to this secondness is the desire which begins from the dream and leads to the preparation for and realization of the dream. Given that it is a medium that mediates a first and second, it is thus a third. We note also in this process there is a play of generality and particularity. The pleasure of eating an apple pie is general and it can be realized by a number of various particular experiences of eating pies. The type of apple needed is general, but the apples that will be selected are particular, and so a general rule of selection is needed, namely, pick those that, all things being equal, are readiest to one’s hand in the barrel.

 

 

 

Summary

 

1.338

[Thirdness involves very complicated notions that require careful attention to analyze.]

 

[Thirdness is more complicated than Firstness and Secondness. To understand it properly, we will need to analyze it with care. If we are too lazy, we will just judge the finer points of thirdness to be too difficult. So we must be diligent.]

The ideas in which Thirdness is predominant are, as might be expected, more complicated, and mostly require careful analysis to be clearly apprehended; for ordinary, unenergetic thought slurs over this element as too difficult. There is all the more need of examining some of these ideas.

(171)

 

 

1.339

[Signs are composed of {a} the structure or thing which does the representing (like a symbol for example), {b} the object being represented or referenced, and {c} the idea in the mind involved while cognizing that sign (and this idea is either synonymous with or similar to what is called the “interpretant”)]

 

[The easiest of the notions involved in the concept of Thirdness is the idea of a sign or representation. He writes that, “A sign stands for something to the idea which it produces, or modifies. Or, it is a vehicle conveying into the mind something from without. That for which it stands is called its object; that which it conveys, its meaning; and the idea to which it gives rise, its interpretant.” Not all of this is entirely clear to me. The section of the Collected Papers on signs does not appear until much later. So for now I will draw from a post I made a number of years ago on Peirce’s theory of signs. What I gather from this other post, placed in relation to these passages, is the following. The sign is some structure or form that initiates a certain type of cognitive operation in the mind of the person recognizing that sign. Let us suppose our sign is “horse”. The object is that for which the sign stands, namely, the thing horse or the category of horses. When someone recognizes the sign, there is a cognitive act by which an internal sort of sign is evoked, and this is the meaning or idea that the sign gives rise to in the recognizer’s mind, and it is called the interpretant. He next writes, “The object of representation can be nothing but a representation of which the first representation is the interpretant.” This I do not follow. He might mean that normally we would say that the object of a representation is some actual thing in the world. But in certain cases, rather than the object being a thing, it is instead another representation, like a sign for a sign. Peirce does not give an example, and I am not sure what qualifies as one. I in fact have a lot of trouble parsing that quoted sentence and thinking of the situation using its terminology. I will have to return to this section later when we look at the sections on signs. He will make three similar claims:

1) The object of representation can be nothing but a representation of which the first representation is the interpretant.

2) The meaning of a representation can be nothing but a representation.

3) Finally, the interpretant is nothing but another representation to which the torch of truth is handed along; and as representation, it has its interpretant again.

I am not able yet to distinguish with a high degree of conceptual clarity the difference between the meaning and the interpretant. All in all, the basic idea here might be something vaguely like we can have signs which represent other signs (like in cases of translation, possibly), but taking into account the different ways this can happen on the basis of the different parts of a sign. But exactly how it all works I am not sure yet. He also says that in each case it involves an infinite regress. Another important point in this section is that the meaning of the representation is nothing but the representation stripped of all its irrelevant clothing. I am not sure what that clothing is, but perhaps it is the contingent factors of the sign which help us recognize the sign but which are not essential to its conceptual content. I am guessing again. He says furthermore that the irrelevant clothing of the representation is never completely removed, but rather is just changed for something more diaphanous. Again, without an example I am struggle to conceptualize what he means. Perhaps the notion is something vaguely like the idea that were we to try to explicate what some idea means, we would use other ideas, and to explicate them, yet more. But probably that is not it. So again, I will have to return to this paragraph later to fill in these details by making reference to the sections on signs.]

The easiest of those which are of philosophical interest is the idea of a sign, or representation. A sign stands for something to the idea which it produces, or modifies. Or, it is a vehicle conveying into the mind something from without. That for which it stands is called its object; that which it conveys, its meaning; and the idea to which it gives rise, its interpretant. The object of representation can be nothing but a representation of which the first representation is the interpretant. But an endless series of representations, each representing the one behind it, may be conceived to have an absolute object at its limit. The meaning of a representation can be nothing but a representation. In fact, it is nothing but the representation itself conceived as stripped of irrelevant clothing. But this clothing never can be completely stripped off; it is only changed for something more diaphanous. So there is an infinite regression here. Finally, the interpretant is nothing but another representation to which the torch of truth is handed along; and as representation, it has its interpretant again. Lo, another infinite series.

(171)

 

 

1.340

[Generality, infinity, continuity, diffusion, growth, and intelligence are important ideas related to Thirdness which should be studied further.]

 

[Peirce says that generality, infinity, continuity, diffusion, growth, and intelligence are “ideas of prominent Thirdness,” but I am not sure what he means by “prominent Thirdness”. He notes that these ideas call for attentive study.]

Some of the ideas of prominent Thirdness which, owing to their great importance in philosophy and in science, | require attentive study are generality, infinity, continuity, diffusion, growth, and intelligence.

(171-172)

 

 

 

1.341

[An example of thirdness, or generality in terms of rules, is a cook who will make an apple pie. In such actions, there is a play of generality and particularity. The desire is for a pleasure, which is a general quality that can be had by a variety of pleasurable experiences. However, the pleasurable experience itself will be something particular. Furthermore, the sort of pie that will provide this pleasure can be one of many similar instances of apple pie, but the specific pie that is eaten and that will give this pleasure will be something particular. And as well, the apples that will be selected need not be particular; rather, they merely must have certain general qualities that allow the appropriate pie to be made. However, the cook must select the apples from the particular ones available. Here this clash between the unspecific generality of the needed type of apple with the too extensive collection of apples that have these qualities is negotiated by means of a general rule of random selection: the cook will select all those apples, being equivalent, that are the readiest to her hand.]

 

[Peirce will now examine the notion of generality a little more closely. We should first note a distinction he makes. An experience can give us pleasure. The experiences giving pleasure are individual, distinct, singular, enumerable and so on. But we cannot speak of a singular individual pleasure. This is because pleasure is a quality. His reasoning behind the distinction is a bit hard to follow. One interpretation might be that qualities fall along a continuous spectrum of variation, and as such, there are an infinite number of variation. He gives the example of metallic qualities, and he says he “can imagine an infinite variety between tin and lead, or between copper and silver, or between iron and nickel, or between magnesium and aluminum.” I am not sure I follow. Perhaps the idea is that we have two metals, tin and lead. They have features that can be said to be different variations of some trait. I do not know metals very well, but suppose for example that tin is a certain degree shinier than lead. Perhaps Peirce is saying that he can imagine an infinity of qualitative variation in shininess between the shininess of tin and the shininess of lead. I am not sure, but whatever he means by this example applies somehow to pleasure. So perhaps the idea is that we cannot speak of pleasure, which is a quality, as some denumerable thing but rather as something that somehow admits of infinite variation in some way. I still cannot conceptualize this very well yet, but maybe Peirce is saying that pleasure is something like a category rather than a concrete instantiation of that category. At any rate, he mentions this notion of pleasure as a quality when giving an example for generality. In the example, we have a cook. She has a recipe book. The recipes are to be understood as sets of rules that she is accustomed to follow. We now think of her desiring an apple pie. Peirce makes the point here about her not desiring some apple pie as a single individual thing. Rather, she desires the pleasure that will result from one apple pie or another, it does not matter which one exactly or what its contingent variations are, so long as it delivers the pleasure she desires. So perhaps here we might interpret Peirce’s point about pleasure in terms of the pies. The experience of the pie is specific, but the pleasure it gives is something general. At any rate, Peirce then notes that to make the apple pie that will fulfill her desire, she needs apples. But in this case, any apple will do. So when she goes to the cellar barrel of apples, she takes the ones that are at the top and easiest to get. Peirce says that she is following a general rule. I am not sure exactly how to state that rule, but perhaps it is something like: take the object that has the qualities of an apple. The generality here seems to also involve the fact that the qualities are general and can be found in this or that particular apple. Her sense and volition (her seeing apples and acting to get them) can only be involved with particular apples. But her desire relates not to particulars but to qualities, which are general. In fact, desire is an idea, which in the example, would be “the idea of how delightful it would be for me, the cook’s master, to eat an apple pie”. However, Peirce adds, while the desire itself is this idea, the thing desired is “that the dream of eating an apple pie should be realized in Me; and this Me is an object of experience”. So here Peirce makes a distinction between the non-particularity of the pie but the particularity of the person eating it. I am not sure why however that is an important distinction. Peirce’s next point is that while selecting the apples, their particularity did not matter, but once they are selected, their particularity does matter, because it is these that she will use and if she sees others in the meantime, she will not use those other ones. Again, I am not sure what importance this distinction makes. Peirce then stresses again that throughout this process, the cook is pursuing a dream without “any particular thisness or thatness” which is also called hecceity. However, there is an object of experience (the pie I am supposing, but I am not sure) which does have hecceity. And also, since the cook must take actions that act upon actual things in the world, those things upon which she acts, like the apples for example, also have hecceity. Peirce then ends this point in an interesting way. His idea here seems to be that because she must act upon particulars while using a general rule of action (in this case, of selection), she must choose at random. And that randomness is not totally random, but it follows its own rule, a pragmatic one, namely, she randomly selects from those particulars that are equally the most handy.]

Let us examine the idea of generality. Every cook has in her recipe-book a collection of rules, which she is accustomed to follow. An apple pie is desired. Now, observe that we seldom, probably never, desire a single individual thing. What we want is something which shall produce a certain pleasure of a certain kind. To speak of a single individual pleasure is to use words without meaning. We may have a single experience of pleasure; but the pleasure itself is a quality. Experiences are single; but qualities, however specialized, cannot be enumerated. There are some two dozen kinds of metals well known to me. I remember to have examined lumps of those qualities. But it is only the limitation of experience which attaches that number; there is simply no end to the metallic qualities I can imagine. I can imagine an infinite variety between tin and lead, or between copper and silver, or between iron and nickel, or between magnesium and aluminum. An apple pie, then, is desired – a good apple pie, made of fresh apples, with a crust moderately light and somewhat short, neither too sweet nor too sour, etc. But it is not any particular apple pie; for it is to be made for the occasion; and the only particularity about it is that it is to be made and eaten today. For that, apples are wanted; and remembering that there is a barrel of apples in the cellar, the cook goes to the cellar and takes the apples that are uppermost and handiest. That is an example of following a general rule. She is directed to take apples. Many times she has seen things which were called apples, and has noticed their common quality. She knows how to find such things now; and as long as they are sound and fine, any apples will do. What she desires is something of a given quality; what she has to take is this or that particular apple. From the nature of things, she cannot take the quality but must take the particular thing. Sensation and volition being affairs of action and reaction relate to particular things. She has seen only particular apples, and can take only particular apples. But desire has nothing to do with particulars; it relates to qualities. Desire is not a reaction with reference to a particular thing; it is an idea about an idea, namely, the idea of how delightful it would be for me, the cook’s master, | to eat an apple pie. However, what is desired is not a mere unattached quality; what is desired is that the dream of eating an apple pie should be realized in Me; and this Me is an object of experience. So with the cook’s desire. She has no particular apple pie she particularly prefers to serve; but she does desire and intend to serve an apple pie to a particular person. When she goes into the cellar for the apples, she takes whatever bowl or basket comes handy, without caring what one, so long as it has a certain size, is clean, and has other qualities, but having once selected it, into that particular bowl she intends to put some apples. She takes any apples that are handy and seem good; but having taken them she means to make a pie of those apples. If she chances to see some others in the kitchen, on her return from the cellar, she will not use them for the pie, unless for some reason she changes her mind. Throughout her whole proceedings she pursues an idea or dream without any particular thisness or thatness – or, as we say, hecceity – to it, but this dream she wishes to realize in connection with an object of experience, which as such, does possess hecceity; and since she has to act, and action only relates to this and that, she has to be perpetually making random selections, that is, taking whatever comes handiest.

(172-173)

 

 

 

1.342

[In the cook’s apple pie example, the dream of the pleasurable experience of eating the pie, insofar as it is not yet realized, is a first, because it is a pure quality of feeling of what it would be like to eat the pie. The interactions with the things in the world that the cook acts upon for the sake of realizing that dream (including both the acts of cooking and finally eating) are seconds, because they involve the cook’s volition meeting with external resistance. And the desire is a third, because it mediates this first and second, serving as a bridge leading from the one to the other.]

 

[In the example of the cook baking a pie, the dream itself “has no prominent thirdness”. From what Peirce says later, it seems that the dream is a first, that is a pure quality of feeling, somehow. The object of experience (the pie in this example, or perhaps the apples also) is a second. I suppose this is because it involves our volition encountering resistance in the world. So we must reach out and grab an apple that resists our pull with its weight. And eating the apple pie also requires some effort. Making it at least does. But the desire for the pleasure of eating the apple pie is a third. He says this is because it is a desire for attaching one thing (the dream) to the other (the experience) and is thus a medium. Perhaps the idea is like the following. We dream of some pleasurable experience. This is a firstness, as we are merely experiencing a qualitative feeling bound up with the imagery in that dream. The experience that we will have is a secondness, because it involves our volition’s encounter with external resistance. But the desire, which mediates the firstness and the secondness by bridging them together, is a third. He then says that this is the way it is with any law of nature. But I am not sure what he means by that. Does he mean something like the law of gravity? Or certain laws of behavior in the animal kingdom? He finally then states that the mere idea (the dream?) insofar as it is unrealized is a pure first, but the actual experienced cases to which the dream is applied are seconds.]

The dream itself has no prominent thirdness; it is, on the contrary, utterly irresponsible; it is whatever it pleases. The object of experience as a reality is a second. But the desire in seeking to attach the one to the other is a third, or medium.

 

So it is with any law of nature. Were it but a mere idea unrealized – and it is of the nature of an idea – it would be a pure first. The cases to which it applies, are seconds.

(173)

 

 

 

Peirce, C.S. Collected Papers of Charles Sanders Peirce, Vol 1: Principles of Philosophy.  In Collected Papers of Charles Sanders Peirce [Two Volumes in One], Vols. 1 and 2. Edited by Charles Hartshorne and Paul Weiss. Cambridge, Massachusetts: 1965 [1931].

 

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