The author investigates how the conception of legal validity as a specific mode of existence, adopted by Kelsen in Allgemeine Theorie der Normen (General Theory of Norms), can be reconciled with a conception of the legal system in which conflicts of legal norms remain of logical concern. To this end he makes use of Ludwig Wittgenstein's picture theory of the proposition as set out in the Tractatus Logico-Philosophicus. The conclusion is that in order to reconcile the two conceptions, the legal (...) system itself must be conceived of as consisting of three sub-systems, namely, (i) a sub-system of perceptible legal judgments, (ii) a sub-system of valid legal conditions, and (iii) a sub-system of observable social practices. (shrink)

The author investigates how the conception of legal validity as a specific mode of existence, adopted by Kelsen in Allgemeine Theorie der Normen (General Theory of Norms), can be reconciled with a conception of the legal system in which conflicts of legal norms remain of logical concern. To this end he makes use of Ludwig Wittgenstein's picture theory of the proposition as set out in the Tractatus Logico-Philosophicus. The conclusion is that in order to reconcile the two conceptions, the legal (...) system itself must be conceived of as consisting of three sub-systems, namely, (i) a sub-system of perceptible legal judgments, (ii) a sub-system of valid legal conditions, and (iii) a sub-system of observable social practices. (shrink)

The article is concerned with the question of how legal institutions are structured with the use of constitutive, institutive, consequential, and terminative rules. To that end, the regulation of international treaties as laid down in the Vienna Convention on the Law of Treaties of 1969 is analysed. This leads to the discovery of two additional categories of rules: content rules and invalidating rules. Finally, the special status of unique legal institutions is investigated. Unique legal institutions – for example, heads of (...) state, parliaments, and supreme courts – enjoy validity in a legal system to the exclusion of the validity of any other legal institution of the same category in that system. (shrink)

The article is concerned with the question of how legal institutions are structured with the use of constitutive, institutive, consequential, and terminative rules. To that end, the regulation of international treaties as laid down in the Vienna Convention on the Law of Treaties of 1969 is analysed. This leads to the discovery of two additional categories of rules: content rules and invalidating rules. Finally, the special status of unique legal institutions is investigated. Unique legal institutions – for example, heads of (...) state, parliaments, and supreme courts – enjoy validity in a legal system to the exclusion of the validity of any other legal institution of the same category in that system. (shrink)

Nowadays, neo-institutionalistic approaches are prominent in economics, political science, the science of public administration and sociology. There is a general complaint about the vagueness of the concept of institutions and the apparent disparity of phenomena falling under it. This article shows how institutional legal theory provides a typology of institutions as sets of rules and corresponding patterns of regulated behaviour that can help to avert much confusion. The typologys usefulness is tested by applying it to an array of private governance (...) structures distinguished by transaction cost economics. (shrink)

Patient-reported outcomes are frequently used for medical decision making, at the levels of both individual patient care and healthcare policy. Evidence increasingly shows that PROs may be influenced by patients’ response shifts and dispositions. We identify how response shifts and dispositions may influence medical decisions on both the levels of individual patient care and health policy. We provide examples of these influences and analyse the consequences from the perspectives of ethical principles and theories of just distribution. If influences of response (...) shift and disposition on PROs and consequently medical decision making are not considered, patients may not receive optimal treatment and health insurance packages may include treatments that are not the most effective or cost-effective. We call on healthcare practitioners, researchers, policy makers, health insurers, and other stakeholders to critically reflect on why and how such patient reports are used. (shrink)

The paper „F. W. Bessel and Russian science by K. K. Lavrinovich published in NTM-Schriftenreihe contains several errors coming mainly from re-translations of German names and texts from Russian into German. The correct spelling of names and original texts are given here. Beside this, some additional information from sources not mentioned by the author is presented, and the kind of relationship between Bessel and W. Struve is discussed on the basis of their correspondence.

Originally published in 1977, this volume analyzes aspects of elementary schooling in the nineteenth century and the ways in which it prepared working-class children for life in industrial Britain. The book examines: The procedures and practices of different types of schools. The ideologies guiding elementary education The social implications of curriculum content and pupils’ and parents’ attitudes to the education provided by the church and state.

Neuroscience of art might give us traction with aesthetic issues. However it can be seen to have trouble modeling the artistically salient semantic properties of artworks. So if meaning really matters, and it does, even in aesthetic contexts, the prospects for this nascent field are dim. The issue boils down to a question of whether or not we can get a grip on the kinds of constraints present and available to guide interpretive behavior in our engagement with works of fine (...) art. I argue that biased competition models of selective attention can be used to solve this problem, generalize to the affective content of our responses to artworks, and so show that research in cognitive neuroscience is germane to the types of problems of interest within the philosophy of art. (shrink)

Heidegger affirmed traditional technology, but was opposed to science-based modern technology, in which everything (including man) is considered to be a mere “resource”. This opposition was expressed in the form of deep questioning and a suspicion of superficial evaluation, because the true nature of things was often concealed, though disclosed at times. Ways in which engineers should question technology are proposed, highlighting some of the hazards and injustices associated with technology and also its subtle sociological and psychological influences. The demands (...) of engineering ethics and the use of metaphor in design are other ways in which a narrowly rationalistic technological outlook can be confronted. (shrink)

There are a growing number of publications arguing that if we had more wonder in social life, then its quality would be significantly improved, and that we therefore need an “ethics” or a “politics” of wonder. The aim of this paper is to show that that message is unfortunate, and this is for two reasons. First, wonder does not generally have the positive political and moral effects that are attributed to it, so to assume that it does may lead one (...) to adopt unrealistic social policies. Second, wonder does potentially have a number of negative moral and politicaleffects, so social policies that put a premium on wonder may bring adverse consequences. In this way, the paper makes a general case against wonder as a positive force in morality and politics. (shrink)

This paper describes how some aspects of Martin Heidegger’s philosophy resonate strongly with an engineering outlook. He argued that practice was more “primordial” than theory, though preserving an important role for theoretical understanding as well, thus speaking to the gap between engineering education (highly theoretical) and engineering practice (mostly empirical). He also underlined the reality of “average” practices into which we are socialized, though affirming the potential for original work and action too, thus providing the grounds for self-actualization whether within (...) the routine or in transcending it. His notion of “thrownness” emphasizes the importance of context, with which engineers are constantly engaged. While all this relates to the idea of our “being”, Heidegger also dealt with the influence of time on our practices. Future death could be seen as spurring innovation, cultural history as a source for critiquing current practice and the present “situation” as the immediate context for corrective action. His major book is appropriately called “Being and Time”.1. (shrink)

Each Girard quantale (i.e., commutative quantale with a selected dualizing element) provides a support for a semantics for linear propositional formulas (but not for linear derivations). Several constructions of Girard quantales are known. We give two more constructions, one using an arbitrary partially ordered monoid and one using a partially ordered group (both commutative). In both cases the semantics can be controlled be a relation between pairs of elements of the support and formulas. This gives us a neat way of (...) handling duality. (shrink)