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

H. de Jongste
David H. Freeman


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non-fictie

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non-fictie/filosofie-ethiek
vertaling: Nederlands / Engels


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

(1969)–H. Dooyeweerd–rechtenstatus Auteursrechtelijk beschermd

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H. Dooyeweerd, A New Critique of Theoretical Thought. Deel 3. The Structures of Individuality of Temporal Reality (vert. H. de Jongste en David H. Freeman). The Presbyterian and Reformed Publishing Company, z.p. 1969 (2de druk)

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Dit bestand biedt, behoudens een aantal hierna te noemen ingrepen, een diplomatische weergave van de tweede druk van A New Critique of Theoretical Thought. Deel 3. The Structures of Individuality of Temporal Reality van H. Dooyeweerd, in een vertaling van H. de Jongste en David H. Freeman uit 1969. De eerste druk van deze vertaling dateert uit 1957. Het oorspronkelijke werk verscheen in 1935-1936 onder de titel De wijsbegeerte der wetsidee.

 

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[pagina I]

A NEW CRITIQUE OF THEORETICAL THOUGHT


[pagina III]

A NEW CRITIQUE OF THEORETICAL THOUGHT

BY

HERMAN DOOYEWEERD Dr jur.

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

TRANSLATED BY

DAVID H. FREEMAN

Assistant Professor of Philosophy, Wilson College

AND

H. DE JONGSTE

English Master in the Ist Christian Secondary School of Rotterdam

VOLUME III

THE STRUCTURES OF INDIVIDUALITY OF TEMPORAL REALITY

THE PRESBYTERIAN AND REFORMED PUBLISHING COMPANY

1969


[pagina IV]

LIBRARY OF CONGRESS CATALOGUE CARD NUMBER A 54-7310

 

Original title:

DE WIJSBEGEERTE DER WETSIDEE

 

Printed in the United States of America


[pagina V]

CONTENTS

 

PART I - THE STRUCTURES OF INDIVIDUALITY OF TEMPORAL THINGS


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

 


[pagina VI]


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

 


[pagina VII]


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

 


[pagina VIII]


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

 


[pagina IX]


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

 


[pagina X]


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

 

PART II - STRUCTURES OF INDIVIDUALITY OF TEMPORAL HUMAN SOCIETY


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

 


[pagina XI]


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

 


[pagina XII]


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

 


[pagina XIII]


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

 


[pagina XIV]


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

 


[pagina XV]


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

 


[pagina XVI]


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

 


[pagina XVII]


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

 


[pagina XVIII]


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

 


[pagina XIX]

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


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

 


[pagina XX]


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

 


[pagina XXI]


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

 


[pagina XXII]


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

 


[pagina XXIII]


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

 


[pagina XXIV]


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

 


[pagina XXV]

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


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

 


[pagina XXVI]


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

 


[pagina XXVII]


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

 

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


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

 


[pagina XXVIII]


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

 


[pagina XXIX]


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

 


[pagina XXX]


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

 


[pagina XXXI]


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

 


[pagina XXXII]


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

 


[pagina XXXIII]


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

 


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