2.2. LA CONTUMACIA Y AUSENCIA EN EL NUEVO PROCESO PENAL
2.2.6. Consecuencias que acarrea la declaración de la contumacia y la
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experience n o t objects but representations, some of w hich we believe to be representations of objects. To this a C artesian sceptic could reply that the argum ent has only proved the necessity of outer representations and K ant is w ell aw are of such an im propriety. "To this proof", K ant says a b o u t th e R efutation, "it will p robably be objected, th at I am im m ed iately conscious only... of m y re p resen ta tio n of outer things and consequently th at it m u st still rem ain u n certain w h eth er o u tsid e me there is anything corresponding to it, or not".^3 But K ant know s that, ow ing to th e n atu re of inner sense, all representations are fleeting, so that they cannot provide the perm an en t necessary for inner experience. C onsequently, according to Stroud, K ant w o u ld never agree th a t th e Refutation show s m erely the need for certain beliefs.
I hold th at S troud is entirely correct in claim ing th a t K ant ac know ledges his conclusion to be the necessary presupposition of objects in space. O therw ise the sceptic could indeed com ply w ith the inevitabil ity of a com m itm ent to such and such beliefs about the external w orld, and yet still d oubt th at objects in space are actually to be found in our experience. By accepting a conclusion concerning m erely the concept of objectivity - w hich m u st be taken as referring to a m in d -in d ep e n d e n t w orld - Straw son has ad o p ted an austere in terp retatio n of K ant's doc trine th a t cannot perform an effective justification of our em pirical be-
hefs.-'^
For th at reason, it is n o t surprising to see Stroud advocating th at K ant's general argum ent against scepticism, i.e., the Refutation, depends fundam entally u p o n transcendental idealism . It is K ant's m ajor task to d e m o n stra te th a t w e have a n im m e d ia te p e rc e p tio n a n d d irec t know ledge of things around us in space. Stroud then writes:
^ B X n. ; cf. chapter 5 above.
In a more recent work, Strawson ends up agreeing with Stroud’s criticism o f transcendental arguments (cf. Strawson 1985, p. 21).
knowledge o f things around us is possible, we must view ‘all our perceptions, whether we call them inner or outer, as a consciousness only of what is dependent on our sensibility’... And to adopt that view is to adopt a form of idealism. It says that the objects we per ceive around us in space are dependent on our sensibility and our un derstanding. It is only because that is true that we can perceive those objects directly and therefore can be noninferentially certain of their reaJitv’’.-^
Stroud u nderstands very well K ant's position vis-à -vis the sceptic. The sceptic wiU never be refuted until it is show n th at our know ledge of objects in space is im m ediate an d direct. A nything different from this will allow him to contend th at our know ledge of objects is inferred and then to raise doubts about the justification of this know ledge. A tran scendental realist has no choice but to assum e th at know ledge of objects is inferred. This is one of the reasons w hy K ant claims th at transcenden tal realism leads to scepticism.^^ As we have seen in chapter 5, any proof from the effects to their causes countenances the adm ittance th at other causes m ight be b ro u g h t into play in o rd e r to p roduce the available effects (representations).
From these considerations it follows, on the one hand, th at o u r view of S traw son's tran scen d en tal argum ents seem s to be in keeping w ith S troud's and W alker's. Straw son is lim ited to saying th at certain experiences "m ust be taken" to be experiences of objects in space outside us and n o t th at these experiences are of objects in space outside us. In other w ords, he can only argue for the necessity of concepts and beliefs and not for the necessity of an objective w orld. O n the other hand, we are closer to Stroud th an to W alker w ith respect to K ant's intentions in the Refutation. As arg u ed for in chapter 5, K ant intends to estabUsh th at m ind in d ep en d en t objects are the pre-condition of self-knowledge, and n o t th at certain beliefs about the w orld are som ehow connected w ith certain beliefs about ourselves. There K ant argues for actual objects in
in Stroud 1983, pp. 419-20. cf. A 369.
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space because, according to transcendental idealism , we have im m ediate an d direct access to such objects in our experience. Once aw are of these observations, it seem s inevitable to assert th a t Straw son cannot defuse sceptical doubts unless he assum es from the very beginning w h at he repudiates most, namely, transcendental idealism . Therefore, Straw son's p ro p o sa l of strip p in g tra n sc e n d e n ta l id ealism aw ay fro m K a n t's theoretical philosophy cannot be held convincingly.
2 P u tn am 's Brains in a Vat
The conclusion just reached can be reinforced if w e consider an other recent, well know n exam ple of a transcendental a rg u m en t a p a rt from Strawson's. O ur tactic will be basically the same as the one adopted in the last section. In other w ords, we shall show th at P u tn am leaves u n to u ch ed the possibility for the sceptic to appeal to a transcendental realist picture of the external w orld and thereby carry on doubting about the justification of ou r know ledge claims.
The v at hypothesis can be sketched as follows. It is possible to im agine a w orld in w hich the sentient creatures w ho inhabit it, and who have ever existed, are brains residing in a v a t of nutrients, perhaps con trolled by a sophisticated com puter created an d m anaged by an evil sci entist. W hat these brains observe, or feel, or hear, or touch, is in fact the resu lt of com puter-controlled electronic im pulses. The experiences for each brain provided by the autom atic ap p aratu s duplicate in detail the experiences of actu al h u m an beings an d o th er sen tie n t c re a tu r e s . Keeping this in m ind the sceptic suggests, as it is predictable, that such a th o u g h t experim ent might, for all we know, be n o t m ere fantasy b u t our
actual situation. H ow can we possibly know th at we are n o t in the kind of situation just described?
The vat sceptic claims in the same w ay as the sceptic to w hich Kant opposes, th at we have no rational guarantee th at w hat we take to be our present situation and, concom itantly, our overall view about the w orld, is in fact the case. It is preferable to describe the v a t hypothesis in this
scendental argum ent is addressed to an ontological sceptic, i.e., one who doubts the existence of an external world. It seems th at the sceptical chal lenge persists even if the sceptic complies w ith the fact th at there are objects, com puters, brains and vats. Besides, the sceptic is not concerned w ith w hether or not I exist. Putnam says th at it is self-defeating to think 'I do n o t exist' "if th o u g h t by me... (as Descartes argued)".^^ Thus, the sceptic th at he has in m ind is m uch m ore resourceful than the Cartesian sceptic of the First M editation. By the sam e token, it seems th at the as su m p tio n th at P utnam w ould be addressing his p roof to the so called C artesian sceptic is not completely a c c u r a t e .T h e C artesian sceptic is at tacking a ll our behefs, even the m ost fundam ental of them, namely, that "I am, I exist". P u tn am 's sceptic does n o t w aste tim e asking w hether there are objects, or w hether he exists; he m ight be willing to g ran t that it is ridiculous to suppose otherwise. He m ight even raise his hands and say, like M oore, th at there are tw o objects in front of him. W hat he re quires us to prove, how ever, is our claim th at propositions ab o u t the w orld of tables an d chairs, even this one about M oore's hands, correctly state w h at the w orld is really like. In other w ords, w h at the v at sceptic seem s to be d e m a n d in g from us is a ratio n al ju stificatio n of ou r know ledge claims. H e requires us to show how it is possible to be an em pirical realist, i.e., to hold th at our em pirical beliefs are indeed behefs about a w orld distinct from our thoughts th at Hes in space outside us.
P utnam proposes a w ay of underm ining the v at hypothesis that m atches our general description of transcendental argum ents. This hy pothesis is, according to him, self-defeating. R oughly speaking, he fo cuses his account on the possibiHty of our being able to refer to objects in a v a t situation. If w e w ere a b rain in a vat, th en term s Hke "table", "chair", "elephant", as used by me w ould refer not to actual tables, chairs and elephants, b u t to w hatever images the com puter or the m ad scientist behind the com puter causes m e to have. Likewise, the term s "brain" and "vat" w ould not refer to actual brains and vats b u t to those images, and
Putnam 1981, p. 8.
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the proposition "I am a brain in a vat" could not be true. Putnam claims that, if the hypothesis is true, then it is false. If it is indeed the case th at 1 am an envatted brain, then, w hen 1 utter "I am a brain in a vat", 1 am not referring to "real" brains or vats, so th at the prop o sitio n is to be re g ard ed as false. In this way, as any other user of transcendental a rg u m ents, Putnam tries to reduce the vat hypothesis to an absurdity. We can only suppose th at w e are brains in a v at because we are not brains in a vat.
Better put, Putnam 's argum ent resorts to the semantics of the sen tence "1 am a brain in a vat". If this sentence is uttered by a brain in a vat, then it can n o t be true. The reason, according to Putnam , is th at non e n v atted brains refer to things in a very different w ay from the way envatted brains do. Vat term s are devoid of referents in the "real" world, for there are, according to the vat hypothesis, no objects in the v at world - except brains, vats, a co m p u ter and p erhaps a m ad neuro-scientist. In this way, w hile the term "Mac", w hen pronounced or thought by a n on envatted brain, refers to a Mac, w hen pronounced or thought by an en vatted brain, it refers to "M ac-image". Thus, the v at utterance "m y Mac is now in fro n t of me" w ould be true if an d only if the envatted utterer w ere having the experience of a no n v at Mac. But since, according to the vat hypothesis, brains in a v at cannot have such experiences, the u tter ance is, Putnam contends, necessarily false. Now, the same observations can be m ade if we substitute for the vat sentence "M y Mac is now in front of m e" the v at sentence "I am a brain in a vat". T hat is the very heart of P utnam 's strategy. If I am a brain in a vat, the sentence "1 am a brain in a vat" is fa ls e . Therefore, the sentence "I am a brain in a vat" is self-de feating, for if it is true - i.e., if 1 am an envatted brain - then it is false, i.e., then I am n o t an envatted brain.
As 1 see it, though, there is a facet in this approach th at Putnam seems to have overlooked. If, by being in a v at condition, w e cannot judge in a d e te rm in a te w ay a n y th in g ab o u t th e w o rld o r a b o u t ourselves, this m eans that we are incapable of establishing once and for
h y p o th etical vat condition, the proposition "1 am a brain in a vat", as th o u g h t of by me, cannot be said to be false, m uch less true. As Coppock com m ents on, if we are brains in a vat, then "w e speak vat-English, not E nglish". Hence, the tru th value of 'w e are brains in a v at', "in vat- EngUsh is neither here or there, as far as the argum ent is concerned" If w e stick to the vat hypothesis, i.e., if we assum e th at zve are in a v a t condition, then anything that w e can possibly state can m ake sense to us
or to other envatted brains, but can not m ake sense to no n envatted ones. This is the trick of the vat sceptic. In ord er to strengthen his suspicions, he introduces a view point or a perspective of the external w orld th at is im m une to the hallucinations caused by the evil neuroscientist. Just Hke the transcendental realist, he appeals to the idea of a (description of the) w orld constituted independent of us. The core of the m atter is th a t,/ro w
a non v a t standpoint, our utterance could well be no m ore th an f la tu s
vocis, i.e., a m ere g ru n t or a set of m eaningless sounds.^ ^ So, the problem
here is that, if we are brains in a vat, "w e do not really u tte r w ords and sentences, b u t only seem to do so. Now , a seem ing u tteran ce is no utterance (exactly as a fake R em brandt is no Rem brandt)".
It seem s then, th at Putnam decides to face the sceptic w ithin the sceptic's ow n territory, nam ely transcendental realism. P utnam is only entitled to state that the sentence "1 am a brain in a vat" is false, and then to conclude th at it is self-defeating, by taking fo r granted in advance, as the sceptic does w hen he form ulates his doubt, th at he is n o t a brain in a vat. P u tn a m envisages a w ay o u t of v a t scepticism by assum ing in a d v e rte n tly a perspective of the w orld that, he beHeves, can n o t be questioned by the sceptic. This assum ption alone w ould aUow us to re gard the proposition '1 am brain in a v at' as tru e or false. But this is ex actly w hat is at stake: w hat makes us so sure th at our aUeged non vat sit uation is not "actuaUy" a vat one?
cf. Coppock 1987, p. 19. cf. ibid., p. 22 ff.
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N ow , once the sceptic introduces the thought of a reality in itself, or, in P u tn am 's term s, of a reality view ed from the G od's eye p o in t of view,^3 into the debate, he is able to shift the b urden of proof back to his challenger an d d o u b t that, from th at divine point of view , w e are not brains in a vat. It will be then up for the sceptic's challenger to prove that no t only from our p o in t of view, b u t also from the G od's eye po in t of