Seeing that socio-legal theory has produced a number of compelling grand theories about law’s development as a body of knowledge, this contribution analyzes legal evolution on the micro-level of decision-making in concrete cases. To that end, law finding is reconstructed as a three stage process of reason-based rule-construction. Legal evolution is argued to stem from the argumentative jumps that are made in this process in order to use what is initially drawn from the body of legal knowledge in new cases. (...) These jumps are justified by additional reasoning that plays a crucial role in that it brings new information to the law finding process. It is explained how this new information gets incorporated in the body of knowledge as a result of discursive maneuvers of legal practitioners. (shrink)

In relation to the Kantian theory that moral judgments are imaginarily grounded, this contribution explores how moral agents experience and make use of this imaginary groundedness. Drawing from a strand of aesthetics that conceives of imagination as make-believe, the imaginary ground of moral judgment is theorized to stem from the interaction between active participants who pretend that their claims are grounded, and passive participants who are invited to go along. Based on this reconstruction, the experience of the moral imaginary is (...) argued to stem from a divided mind. It allows moral agents to be partly devoted to the mental and communicative attitude fitting the fictional world of groundedness, and partly to generating personal responses to moral claims. Using the experience of artistic fiction as an example, the actual experience of morality’s imaginary ground is finally located in the interplay between those two spheres. (shrink)

In relation to the (neo-)Kantian theory that moral judgments are imaginarily grounded, this contribution explores how moral agents experience and make use of this imaginary groundedness. Drawing from a strand of aesthetics that conceives of imagination as make-believe, the imaginary ground of moral judgment is theorized to stem from the interaction between active participants who pretend that their claims are grounded, and passive participants who are invited to go along. Based on this reconstruction, the experience of the moral imaginary is (...) argued to stem from a divided mind. It allows moral agents to be partly devoted to the mental and communicative attitude fitting the fictional world of groundedness, and partly to generating personal responses to moral claims. Using the experience of artistic fiction as an example, the actual experience of morality’s imaginary ground is finally located in the interplay between those two spheres. (shrink)

Constitutionalism is a typically modernist project in that it seeks to dictate social order by means of institutional design. This project, however, fails in two ways. Empirically, constitutionalism is confronted with the fact that constitutions have limited control over their social environment. Epistemologically, constitutionalism has great difficulty in finding a convincing foundational relation between abstract constitutional provisions and constitutional norms for concrete situations. On the basis of this poor record, it is hard to comprehend how constitutionalism remains such an influential (...) factor in our polity. This article tries to explain our adherence to the philosophy of constitutional ordering by analysing its function in constitutional discourse. (shrink)

Although Lorenz Oken is a classic example of Naturphilosophie as applied to biology, his views have been imperfectly understood. He is best viewed as a follower of Schelling who consistently attempted to apply Schelling's ideas to biological data. His version of Naturphilosophie, however, was strongly influenced by older pseudoscience traditions, especially alchemy and numerology as they had been presented by Robert Fludd, whose works were current in Jena and available to him. According to those influences, parts of Oken's philosophical conception (...) were communicable even in a non-idealistic scientific culture, for example in Paris, where Oken met Étienne Geoffroy Saint-Hilaire. Geoffroy however was embedded in a French intellectual tradition, and the correspondence between his views and those of Oken was only superficial. The English anatomist Richard Owen attempted to incorporate the views of Oken and Geoffroy within his own, idiosyncratic system. Although Darwin knew of Oken's ideas, it was Geoffroy who really affected his evolutionary biology, and any influence of Oken must have been attenuated to the point of triviality. (shrink)

This chapter contains section titled: Decent Peoples The Idea of Toleration The Cosmopolitan Critique Intervention and Cosmopolitanism Acknowledgments Notes.

Two rival passions are at work in men's hearts to-day, the cult of individuality and the cult of society. They give rise all too often to extravagant praise of liberty and to a no less extravagant insistence on discipline for society's sake. It is impossible to form a balanced idea of the functions of liberty and discipline, or of the right relation between the individual and his social environment, without having a clear view of the nature of personality and community. (...) I offer a brief and dogmatic sketch of this subject. A personality is the product of the impact of the objective universe, past and present, on a particular experiencing subject. I do not wish to imply that a “subject” is necessarily a substance or a metaphysical ego, or an immortal soul. Whether such eternal individual spirits exist or not, I do not pretend to know. I do not even, by the word “subject,” pledge myself to what Professor Broad has called a “centred theory” of the nature of mind, I do not know whether a mind is a system of experiences united in an enduring centre, as the spokes of a wheel are united in the hub; or whether it is a centreless “net” of experiences all related together in a special way. By “subject” I mean only “that which experiences,” whatever the true philosophical account of it. I mean the seeming focus or centre of experience and action. This focus is in some sense located in time and space, in fact it is located within the organism. For my purpose the subject is simply that to which experience happens, and that which responds with conscious behaviour. I do not wish to raise the epistemological problem. I merely assume the rejection of solipsism, and the reality of an objective universe which the individual experiences, however imperfectly. (shrink)

The troubles of our time have many causes, economic, political, cultural. All are intimately connected. Of the cultural causes, one of the most important has been disillusionment about human nature. The old view which exalted man to something a little lower than the angels has given way in many quarters to the conviction that in essentials he is no higher than the beasts, and that anyhow the very notion that anything can be ethically higher than anything else is illusory. I (...) believe that in each of these attitudes to human nature there is a distorted half-truth, in both a blindness to the half-truth of the other. In this essay I shall try to map out the main contours of human nature, so as to emphasize that, although man is at bottom identical with the beasts, he is also in a limited but all-important manner unique. I shall also argue that one consequence of his uniqueness is moral experience, and that in human nature properly understood, a moral goal is very clearly revealed. (shrink)

Theory of illness causation is an important issue in all biomedical sciences, and solid etiological explanations are needed in order to develop therapeutic approaches in medicine and preventive interventions in public health. Until now, the literature about the theoretical underpinnings of illness causation research has been scarce and fragmented, and lacking a convenient summary. This interdisciplinary book provides a convenient and accessible distillation of the current status of research into this developing field, and adds a personal flavor to the discussion (...) by proposing the etiological stance as a comprehensive approach to identify modifiable causes of illness. (shrink)

In this article the authors focus on the emergence, or disappearance, of notions of responsibility in social dynamic processes. Hence, the starting point in this article is concrete behavior within organisational settings. This article presents a systematic overview of mechanisms related to acting upon a sense of moral responsibility. Some of these mechanisms are based on individual characteristics, others are embedded in the social context wherein responsible behaviour emerges or disappears. In this article, various mechanisms are identified and labelled in (...) order to analyse what types of processes are behind the mechanisms. In this way, the article yields important understandings for the conscious use of these mechanisms to strengthen responsible behavior within organisations. (shrink)

Cosmological narratives like the creation story in the book of Genesis or the modern Big Bang are popularly understood to be descriptions of how the universe was created. However, cosmologies also say a great deal more. Indeed, the majority of cosmologies, ancient and modern, explore not simply how the world was made but how humans relate to their surrounding environment and the often thin line which separates humans from gods and animals. Combining approaches from classical studies, anthropology, and philosophy, this (...) book studies three competing cosmologies of the early Greek world: Hesiod's Theogony; the Orphic Derveni theogony; and Protagoras' creation myth in Plato's eponymous dialogue. Although all three cosmologies are part of a single mythic tradition and feature a number of similar events and characters, Olaf Almqvist argues they offer very different answers to an ongoing debate on what it is to be human. Engaging closely with the ontological turn in anthropology and in particular with the work of Philippe Descola, this book outlines three key sets of ontological assumptions - analogism, pantheism, and naturalism - found in early Greek literature and explores how these competing ontological assumptions result in contrasting attitudes to rituals such as prayer and sacrifice. (shrink)

Two decades after the publication of Clifford and Marcus' volume Writing Culture, this collection provides a fresh and diverse reassessment of the debates that ...

IntroductionThe various special concerns and commitments that individuals ordinarily have, for example towards family members, friends, and possibly compatriots, present an interesting challenge for justice. Justice, after all, is said to be blind and imposes demands on persons that ought to be impartial, at least in some respects, to personal ties and relationships. Yet individual special concerns are obviously of moral importance and are deeply valued by participants in these relationships. Thus any conception of justice to be plausible has to (...) be able to accommodate to some extent the various types of valuable and valued special concern characteristic of ordinary social life. In particular, it is important to see how the impartial demands of justice can be maintained while accommodating special concern. (shrink)

In this essay, I argue that Ted Poston's theory of explanatory coherentism is well-suited as a tool for causal explanation in the health sciences, particularly in epidemiology. Coherence has not only played a role in epidemiology for more than half a century as one of Hill's viewpoints, it can also provide background theory for the development of explanatory systems by integrating epidemiologic evidence with a diversity of other error-independent data. I propose that computational formalization of Hill's viewpoints in an explanatory (...) coherentist framework would provide an excellent starting point for a formal epistemological (knowledge-theoretical) project designed to improve causal explanation in the health sciences. As an example, I briefly introduce Paul Thagard's ECHO system and offer my responses to possible objections to my proposal. (shrink)

This article engages the views of PRC Confucian scholars who responded to the United States Supreme Court Justice Anthony Kennedy's citing of Confucius in his majority opinion on same-sex marriage in 2015. It questions their separation of tolerance for homosexuality from legalization of same-sex marriage and argue that tolerance is not enough. The arguments in the mainland Confucian discourse about same-sex marriage highlights the historical and persistent entanglement of Confucianism with patriarchy. Instead of reviving traditional patriarchal society, further entrenching and (...) increasing gender inequality, contemporary Confucianism could shape its own unique modern society that aspires to (and hopefully one day achieving) gender equality together with sexual inclusivity by deconstructing the patriarchal Confucian family and reconstructing a different Confucian family ideal. Accepting same-sex marriage would lend weight to the latter, and there are Confucian reasons for legalizing same-sex marriage and recognizing its ethical value. (shrink)

It is shown that the method of operationaldefinition of theoretical terms applied inphysics may well support constructivist ideasin cognitive sciences when extended toobservational terms. This leads to unexpectedresults for the notion of reality, inductionand for the problem why mathematics is sosuccessful in physics.A theory of cognitive operators is proposedwhich are implemented somewhere in our brainand which transform certain states of oursensory apparatus into what we call perceptionsin the same sense as measurement devicestransform the interaction with the object intomeasurement results. Then, (...) perceivedregularities, as well as the laws of nature wewould derive from them can be seen asinvariants of the cognitive operators concernedand are by this human specific constructsrather than ontologically independent elements.. So, reality in so far it isrepresented by the laws of nature has no longeran independent ontological status. This isopposed to Campbell's `natural selectionepistemology'. From this it is shown that thereholds an incompleteness theorem for physicallaws similar to Gödels incompletenesstheorem for mathematical axioms, i.e., there isno definitive or object `theory of everything'.This constructivist approaches to cognitionwill allow a coherent and consistent model ofboth cognitive and organic evolution. Whereasthe classical view sees the two evolutionrather dichotomously. (shrink)

On what we may call the institutional approach to justice, the most important duty of justice that individuals have is the duty to establish just institutions when they are absent. How should we understand this institutional duty in relation to more personal moral actions, such as taking direct personal action to mitigate institutional failures? Is this institutional duty a necessary responsibility of justice? Is it sufficient? I will discuss this question in the context of climate change: what responsibilities of justice (...) do individual actors have when their state is not complying with an ideal of just emissions? Do they have the duty to do what they reasonably can to reduce their personal direct emissions, perhaps even picking up the slack of non-compliers? Or is their duty of justice primarily that of doing their part to establish a just regulatory framework? I will examine some options of personal responsibility in response to climate change and argue that the most important duty is that of working to bring about better institutions. Taking direct personal action can be helpful, but not when they distract us from working towards institutional reform. (shrink)

Models of illness causation play a crucial role in medicine and public health. In their recent paper on this topic, Michael Kelly, Rachel Kelly, and Federica Russo state that the integration of social, biological, and behavioral causes in one and the same etiologic mechanism remains to be clarified. In particular, they think that current models of illness causation do not appreciate "the truly integrated nature of bio-social-behavioral pathogenesis". In brief, Kelly, Kelly, and Russo suggest that two levels of explanation are (...) at work in medicine and public health, biological and social; that integration is difficult because of resistance to including social determinants of disease in both the... (shrink)

The intention of the article is to offer stakeholders affected by mergers a criterion from which moral arguments may be generated for the organization of each individual case. The criterion: "Any operation causing legitimate interests to suffer vital infringement should be avoided in a merger process." A vital infringement of these interests is assumed when the merger undermines unique positive opportunities or considerable impairment in the future, impossible to overcome for the person affected without an unacceptable level of difficulty. Therefore, (...) we mainly concentrate on implicit contracts – which should be based on the principle pacta sunt servanda as well. These contracts are mandatory to run an economy that produces increasingly more knowledge-based goods. (shrink)

I outline what I call a relational account of toleration. This relational account helps explain the apparent paradox of toleration in that it involves two competing moral stances, of acceptance and disapproval, towards the tolerated. It also helps clarify the way toleration is a normative ideal, and not a position one is forced into out of the practical need to accommodate or accept. Specifically, toleration is recommended out of respect for that which the tolerant agent also disapproves of. This combination (...) of respect entangled with disapproval results from two different evaluative perspectives of the tolerant agent. The relational account explains how an agent can hold these competing evaluative perspectives. I also discuss the proper scope of state toleration under this relational account. (shrink)

Intellectual biography -- Confucius' life, personality and influence -- Critical exposition of Confucius' educational thought -- The concept of li -- The concepts of dao and he -- The concept of ren -- The concept of junzi -- The concepts of xue, wen and si -- The relevance of Confucius' work today -- Confucius and 21st century education -- Conclusion.