Moet er strenger gestraft worden of juist niet? Mag de rechter door de wetgever aan banden worden gelegd? In hoeverre mag de overheid ingrijpen in het privéleven van haar burgers? Deze vragen zijn inzet van menig opiniërend krantenartikel of discussieprogramma. Ook degenen die zich beroepshalve met het recht bezighouden zullen zich van tijd tot tijd moeten bezinnen op taak en functie van het recht. Moeten we regels toepassen als ze tot onrechtvaardige uitkomsten leiden? Leiden regels wel tot het doel waarvoor (...) ze zijn opgesteld? Dit zijn allemaal vragen over het recht waarop door het recht zelf geen antwoorden kunnen worden gegeven. Betekent dit dat discussies over deze kwesties zinloos zijn omdat zij ontaarden in politieke welles-nietes spelletjes? Deze inleiding in de rechtsfilosofie beoogt te laten zien dat dit niet hoeft. (shrink)

This book focusses on conceptual shifts in the successive formulations of natural law theory by Aquinas, Suárez, Grotius, Pufendorf, and Finnis, and reveals the accumulation of problems, inherent in natural law and theory, which ultimately led to its demise.

Brouwer defended the view that the autonomy of the individual citizen is furthered by articulated, precise and clear legislation. The question arises whether all kinds of rules can be said to enhance such autonomy. It is argued that a distinction should be drawn between rules that dictate desirable outcomes, on the one hand, and rules that determine the way the game is played, on the other. Rules of the game often reflect the way they were drafted and can be seen (...) as the embodiment of power relations between rule-makers. Rules that dictate outcomes, on the other hand, are often drafted by experts who analyse the goals to be reached. The view is defended that only rules of the game – potentially – enhance the autonomy of the citizen, whereas outcome-rules are potentially manipulative, tending to exclude those who are ill-equipped to realize the prescribed outcomes. The virtues of rules therefore do not merely reside in their clear and precise nature, but are largely derived from their capacity to regulate the relations amongst citizens who were included in the process of rulemaking. (shrink)

This article investigates the implications of goal-legislation for legal argumentation. In goal-regulation the legislator formulates the aims to be reached, leaving it to the norm-addressee to draft the necessary rules. On the basis of six types of hard cases, it is argued that in such a system there is hardly room for constructing a ratio legis. Legal interpretation is largely reduced to concretisation. This implies that legal argumentation tends to become highly dependent on expert (non-legal) knowledge.

This book features essays that investigate the nature of legal validity from the point of view of different traditions and disciplines. Validity is a fascinating and elusive characteristic of law that in itself deserves to be explored, but further investigation is made more acute and necessary by the production, nowadays, of soft law products of regulation, such as declarations, self-regulatory codes, and standardization norms. These types of rules may not exhibit the characteristics of formal law, and may lack full formal (...) validity but yet may have a very real impact on people's lives. The essays focus on the structural properties of hard and soft legal phenomena and the basis of their validity. Some propose to redefine validity: to allow for multiple concepts instead of one and/or to allow for a gradual concept of validity. Others seek to analyze the new situation by linking it to familiar historical debates and well-established theories of law. In addition, coverage looks at the functions of validity itself. The discussion considers both international law as well as domestic law arrangements. What does it mean to say that something is valid? Should we discard validity as the determining aspect of law? If so, what does this mean for our concept of law? Should we differentiate between kinds of validity? Or, can we say that rules can be "more" or "less" valid? After reading this book, practitioners, scholars and students will have a nuanced understanding of these questions and more. Chapter 6 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com. (shrink)

What are the implications for theory and research in psychology of a hermeneutic perspective that takes practices as its starting point notion? The author addresses this wide-ranging issue by considering a number of specific questions in turn, including, among others, whether the hermeneutic perspective leads to rejecting systematic, quantitative research methods; whether it leads to the conclusion that efforts at theory and research provide us with an understanding of human behavior that is arbitrary; and whether a practices-based perspective points to (...) a way of pursuing inquiry in psychology that is better than proceeding along the lines of mainstream psychology. The answers to these questions include a number of surprises, especially regarding how the hermeneutic perspective contrasts with mainstream psychology and how it differs from social constructionism. The author also identifies challenging issues for adherents of the hermeneutic perspective, including, in particular, issues concerning the limits of what we can know about psychological phenomena. 2012 APA, all rights reserved). (shrink)

Many regard Kant’s account of the highest good as a failure. His inclusion of happiness in the highest good, in combination with his claim that it is a duty to promote the highest good, is widely seen as inconsistent. In this essay, I argue that there is a valid argument, based on premises Kant clearly endorses, in defense of his thesis that it is a duty to promote the highest good. I first examine why Kant includes happiness in the highest (...) good at all. On the basis of a discussion of Kant's distinction between 'good' and 'pleasant', and in light of his methodological comments in the second chapter of the Critique of Practical Reason, I explain how Kant’s conception of the good informs his conception of the highest good. I then argue that Kant's inclusion of happiness in the highest good should be understood in light of his claim that it is a duty to promote the happiness of others. In the final section of this essay, I reconstruct Kant’s argument for the claim that it is a duty to promote the highest good and explain in what sense this duty goes beyond observance of the Categorical Imperative. (shrink)

This is the first comprehensive account of Kant’s cosmopolitanism, highlighting its moral, political, legal, economic, cultural, and psychological aspects. Contrasting Kant’s views with those of his German contemporaries, and relating them to current debates, Pauline Kleingeld sheds new light on texts that have been hitherto neglected or underestimated. In clear and carefully argued discussions, she shows that Kant’s philosophical cosmopolitanism underwent a radical transformation in the mid 1790s and that the resulting theory is philosophically stronger than is usually thought. (...) Using the work of figures such as Fichte, Cloots, Forster, Hegewisch, Wieland, and Novalis, Kleingeld analyzes Kant’s arguments regarding the relationship between cosmopolitanism and patriotism, the importance of states, the ideal of an international federation, cultural pluralism, race, global economic justice, and the psychological feasibility of the cosmopolitan ideal. In doing so, she reveals a broad spectrum of positions in cosmopolitan theory that are relevant to current discussions of cosmopolitanism. -/- TABLE OF CONTENTS: Acknowledgments; Abbreviations; Introduction; 1. World citizens in their own country: Wieland and Kant on moral cosmopolitanism and patriotism; 2. Universal republic of world citizens or international federation?: Cloots and Kant on global peace; 3. Global hospitality: Kant's concept of cosmopolitan right; 4. Hierarchy or diversity?: Forster and Kant on race, culture, and cosmopolitanism; 5. International trade and justice: Hegewisch and Kant on cosmopolitanism and globalization; 6. Cosmopolitanism and feeling: Novalis and Kant on the development of a universal human community; 7. Kant's cosmopolitanism and current philosophical debates; Bibliography; Index. (shrink)

Considering recent failed attempts to derive an ethical theory from Georg Lukács’s original formulation of reification, this paper offers an alternative more rooted in Lukács’s theory as a whole. By analyzing his critique of the empty Ought in Kant and Fichte, followed by his advocacy of substantial, materially-grounded Oughts in his late Ontology, I suggest that we can nevertheless find latent possibilities for grounding such values even in his theory of reification. Drawing on recent interpretations of Lukács that emphasize his (...) debt to Neo-Kantianism, Husserl et al, I argue that one of Lukács’s central critiques of reification is precisely its expulsion of substantial values from formal social relationships. This implies, I suggest, a structural demand to reincorporate such values within relations, so that they might reach valid form; I conclude with some suggestions on the ethical demands this might entail. (shrink)

In this seminal exploration of the nature and future of African philosophy, Paulin J. Hountondji attacks a myth popularized by ethnophilosophers such as Placide Temples and Alexis Kagame that there is an indigenous, collective African philosophy, separate and distinct from the Western philosophical tradition. Hountondji contends that ideological manifestations of this view that stress the uniqueness of the African experience are protonationalist reactions against colonialism conducted, paradoxically, in the terms of colonialist discourse.

Parlant de musique, la philosophie ne parle pas seule. Si le constat est partagé, encore faut-il comprendre son implication : il ne s'agit pas simplement de philosopher à partir de matériaux théoriques hétérogènes, mais de poser la question de leurs normativités propres et des différences de concepts et de méthodes impliquées par cette diversité des voix. La musique du XXe siècle est loquace, elle ne cesse de se "manifester" au philosophe et son texte s'impose à lui comme la matière même (...) sur laquelle peut s'exercer sa pensée. Ces quatre études ponctuelles examinent ainsi la manière dont s'entendent ou ne s'entendent pas philosophes et compositeurs contemporains."--P. [4] of cover. (shrink)

At the same time that social justice concerns are on the rise on college campuses, empathy levels among US college students are falling. Social injustice resulting from organizational decisions and actions causes profound and unnecessary human suffering, and research to understand antecedents to these decisions and actions lacks attention. Empathy represents a potential tool and critical skill for organizational decision-makers, with empirical evidence linking empathy to moral recognition of ethical situations and greater breadth of understanding of stakeholder impact and improved (...) financial success. This study explores the potential relationship between empathy and social justice, using a multifaceted operationalization of social justice, which includes management actions and social sympathies. Results broadly support the positive empathy and social justice relationship and suggest higher education interventions to develop empathy in college business students. (shrink)

While there has been extensive discussion on what counts as military professionalism, that is what makes a soldier, sailor or other military personnel a professional, the warrior archetype still holds sway in the military self-conception, rooted as it is in the more existential notions of war, honor and meaning. In this volume, Kaurin uses Achilles as a touch stone for discussing the warrior, military ethics and the aspects of contemporary warfare that go by the name of 'asymmetrical war.'.

The Montagovian hypothesis of direct model-theoretic interpretation of syntactic surface structures is supported by an account of the semantics of binding that makes no use of variables, syntactic indices, or assignment functions & shows that the interpretation of a large portion of so-called variable-binding phenomena can dispense with the level of logical form without incurring equivalent complexity elsewhere in the system. Variable-free semantics hypothesizes local interpretation of each surface constituent; binding is formalized as a type-shifting operation on expressions that denote (...) functions, & sentences containing a free pronoun are analyzed as a function from individuals to propositions having a meaning of type (e,t). Standard weak crossover effects & binding patterns in sentences with multiple pronouns are shown to submit to straightforward type-theoretic treatments that do not rely on indexation. The variable-free semantics smoothly implements full surface compositionality & requires less machinery than standard accounts to handle functional questions, their answers, sloppy inferences, & across-the-board binding. 73 References. J. Hitchcock. (shrink)

Longtemps dans l'ombre de sa critique par Marx et Engels, L'Essence du christianisme de Feuerbach doit être lue pour elle-même et en fonction de son contexte. Prenant position dans les polémiques qui agitent l'Ecole hégélienne, cette oeuvre inaugure en 1841 sa scission jeune-hégélienne. Feuerbach cherche en effet ici à démontrer philosophiquement l'athéisme et à soutenir ses conséquences politiques. Dans l'espace germanique de la Restauration, l'ouvrage fait scandale et rencontre un succès que les interdictions de la censure prussienne ne parviennent pas (...) à remettre en cause. A l'heure où l'intérêt pour Feuerbach renaît dans l'université française, ce petit livre offre une introduction à la lecture de L'Essence du christianisme, en éclairant ses critiques de la religion et de la théologie, leur fondement anthropologique et leurs conséquences pratiques. En appendice, un choix d'extraits de l'ouvrage vient appuyer cette lecture. (shrink)

Introduction: Geographers at the beach -- Positivism: Or, roughly, what you see is the knowledge you get -- Critical rationalism: Learning from our mistakes -- Marxism and critical realism: Seekig what lies eneath -- Phenomenology and post-phenomenology: The essence of experience, or, seeing a shark is different from seeing a dolphin -- Social constructtionism and feminism: It's all down to us -- Structuralism, poststructurlism and postmodernism: Lies at the surface -- Complexity theory: From butterfly wings to fairy rings -- Moral (...) philosophy and ethics: Right and wrong in geography -- Thinking, doing, constructing geography. (shrink)

Post-modernism offers a revolutionary approach to the study of society: in questioning the validity of modern science and the notion of objective knowledge, this movement discards history, rejects humanism, and resists any truth claims. In this comprehensive assessment of post-modernism, Pauline Rosenau traces its origins in the humanities and describes how its key concepts are today being applied to, and are restructuring, the social sciences. Serving as neither an opponent nor an apologist for the movement, she cuts through post-modernism's (...) often incomprehensible jargon in order to offer all readers a lucid exposition of its propositions. Rosenau shows how the post-modern challenge to reason and rational organization radiates across academic fields. For example, in psychology it questions the conscious, logical, coherent subject; in public administration it encourages a retreat from central planning and from reliance on specialists; in political science it calls into question the authority of hierarchical, bureaucratic decision-making structures that function in carefully defined spheres; in anthropology it inspires the protection of local, primitive cultures from First World attempts to reorganize them. In all of the social sciences, she argues, post-modernism repudiates representative democracy and plays havoc with the very meaning of "left-wing" and "right-wing." Rosenau also highlights how post-modernism has inspired a new generation of social movements, ranging from New Age sensitivities to Third World fundamentalism. In weighing its strengths and weaknesses, the author examines two major tendencies within post-modernism, the largely European, skeptical form and the predominantly Anglo-North-American form, which suggests alternative political, social, and cultural projects. She draws examples from anthropology, economics, geography, history, international relations, law, planning, political science, psychology, sociology, urban studies, and women's studies, and provides a glossary of post-modern terms to assist the uninitiated reader with special meanings not found in standard dictionaries. (shrink)

The present article will introduce a proposition of semiotic methodology that can be used to diagnose cohabitation issues in cities between human inhabitants and non-human liminals. This methodology is built on a few sets of data that should be easy to obtain in any important city, and can therefore be utilised in a variety of situations. The different sets of data allow us to map the cohabitation semiosphere (following Hoffmeyer’s meaning of the term) of the situation along three axes: the (...) materiality of the situation, the symbolic significance of the relationship, and the emotional significance of the interaction. These three aspects allow us to see gaps, paradoxes and points of consistency, enabling complex and multi-level understanding of the situation. (shrink)

A philosophical analysis of the work of one of the most iconoclastic thinkers in Chinese history, Li Zhi, whose ethics prized spontaneous expression of genuine feelings.

This paper argues for the hypothesis of direct compositionality (as in, e.g., Montague 1974), according to which the combinatory syntactic rules specify a set of well-formed expressions while the semantic combinatory rules work in tandem to directly supply a model-theoretic interpretation to each expression as it is "built" in the syntax. (This thus obviates the need for any level like LF and, concomitantly, for any rules mapping surface structures to such a level.) I focus here on one related group of (...) phenomena: the interaction of "paycheck" pronouns with Weak Crossover effects and i-within-i effects. These interactions were studied in Jacobson (1977) as they show up in Back-Peters sentences. There I argued that these interactions show that paycheck pronouns have a complex representation at LF; here I show that all of the observations in this earlier work are compatible with the hypothesis of direct compositionality. The key tool is the adoption of a variation-free semantics (a semantics which makes no use of variables as part of the semantic machinery). In addition to the general consequences for the syntax/semantics interface, there are two other main results. First, I provide new arguments for a variable-free semantics. For example, it will be shown that under this view the paycheck reading of a pronoun comes for free; most other theories posit additional mechanisms and/or an additional lexical meaning for pronouns, and thus paycheck and regular pronouns are only accidentally homophonous. Second, I reiterate one of the central points in Jacobson (1977): this is that the first pronoun in a Bach-Peters sentence is indeed a paycheck pronoun, and hence nothing special needs to be said about these sentences nor does any new machinery need to be invoked for them. (shrink)

Kant is famous for his universalist moral theory, which emphasizes human dignity, equality, and autonomy. Yet he also defended sexist and (until late in his life) racist views. In this essay, I address the question of how current readers of Kant should deal with Kant’s sexism and racism. I first provide a brief description of Kant’s views on sexual and racial hierarchies, and of the way they intersect. I then turn to the question of whether we should set aside Kant’s (...) sexism and racism or ‘translate’ his egalitarian principles into inegalitarian ones. I argue for a third position, namely, that we should highlight the tensions that pervade Kant’s theory. In the final section, I argue that the use of inclusive language and female pronouns in recent discussions of Kant’s moral and political philosophy carries significant risks. I end by articulating several preconditions for fruitfully using Kant’s moral principles to criticize sexism and racism. (shrink)

This essay recounts the early history of the development of Chinese studies in the United States undertaken by the American Council of Learned Societies, starting in 1928 under the leadership of its newly appointed Assistant Secretary, Mortimer Graves, in collaboration with key members of the American Oriental Society. Through planning conferences, surveys, and reports, he ascertained the needs of the field and secured funding to meet them. These included seed money for faculty positions, fellowships for graduate students and scholars, programs (...) to spark interest in Asian studies curricula, the creation of bibliographical and journal resources and a new scholarly society, and the development of intensive language training methods. Subsequent philanthropic and government support continued this trajectory, but Graves’s thirty-year campaign succeeded in laying the foundation for the field as we know it today. (shrink)

Brown, Pauline I recently came across an article by Meg Keneally in The Guardian. I can think of no better description of our policies and practices on immigration detention than the following extract: It's a well-worn solution to an intractable human problem involving a large group of inconvenient people - ship them off somewhere, put a wall around them, and try to forget about the whole thing. You could argue that our country was founded as a result of this (...) approach. You could also argue that we learned our lesson too well, because it's an approach we are still using when it comes to vulnerable people who have undertaken hazardous ocean journeys - and the outcomes are no more humane than they were in the 18th and 19th centuries. (shrink)

Den europæiske nihilisme af Friedrich Nietzsche oversat af Martin Pasgaard-Westerman.

The prohibition on using others ‘merely as means’ is one of the best-known and most influential elements of Immanuel Kant’s moral theory. But it is widely regarded as impossible to specify with precision the conditions under which this prohibition is violated. On the basis of a re-examination of Kant’s texts, the article develops a novel account of the conditions for using someone ‘merely as a means’. It is argued that this account has not only strong textual support but also significant (...) philosophical advantages over alternative conceptions. (shrink)

Summary A total of 1068 secondary school pupils completed a questionnaire concerned with enjoyment of school, enjoyment of subjects and what they attributed academic success to. Gender differences were shown in the overall enjoyment of school (girls expressing greater enjoyment). Girls also reported liking friends, teachers, outings and lessons more than boys, while boys reported liking sports and school clubs more. Enjoyment of school subjects reflected traditional sex stereotyping: girls reported more liking than did boys for English, French, German, history, (...) drama, music and home economics while boys reported more liking for science. craft and design technology, physical education and information technology. Some gender differences were shown in rating factors contributing to academic success (girls rating hard work and teachers? liking for you as more important than boys, and boys rating cleverness, talent and luck as more important than girls) but attributions with respect to academic success varied more with age than with gender. (shrink)

Kant’s most prominent formulation of the Categorical Imperative, known as the Formula of Universal Law (FUL), is generally thought to demand that one act only on maxims that one can will as universal laws without this generating a contradiction. Kant's view is standardly summarized as requiring the 'universalizability' of one's maxims and described in terms of the distinction between 'contradictions in conception' and 'contradictions in the will'. Focusing on the underappreciated significance of the simultaneity condition included in the FUL, I (...) argue, by contrast, that the principle is better read as requiring that one be able to will two things simultaneously without self-contradiction, namely, that a maxim be one's own and that it be a universal law. This amounts to a new interpretation of the FUL with significant interpretive and philosophical advantages. (shrink)