The Leibniz Center for Law is involved in the project Digitale Uitwisseling Ruimtelijke Plannen [DURP (http://www.vrom.nl/durp); digital exchange of spatial plans] which develops a XML-based digital exchange format for spatial regulations. Involvement in the DURP project offers new possibilities to study a legal area that hasn’t yet been studied to the extent it deserves in the field of Computer Science & Law. We studied and criticised the work of the DURP project and the Dutch Ministry of internal affairs on metadata (...) for regulatory documents, and made an inventory of issues related to legal knowledge representation that it felt were not sufficiently covered by current initiatives in the Geographic Information Systems (GIS) field. This inventory was an input to the DURP standardisation effort. In a second phase of the project we extended the METALex XML schema (cf. Boer et al. 2002; Boer et al. 2003) for ‚regular’ legal sources that we developed in the past for geospatial regulatory information, in order to support exchange of spatial regulations, including the associated geospatial information in the form of maps. We developed a prototype application and demonstrated how the spatial planning information in GML can be combined with XML with only minimal changes, using the Web Ontology Language (OWL). This paper describes our experiences. (shrink)

The development of new e-culture becomes one of the most important phenomena of the digital age. The concept ‘e-culture’ has been still developing; though it is evident, that as a phenomenon, it cannot be compared with anything that has ever existed. It requires the necessity of its deep study in general and in terms of axiological and ethical aspects, reflecting the nature of its influence on human world view and behaviour. The author offers the concept of e-culture as a new (...) type of creative activity, the ‘third nature’, progressively replacing ‘living culture’ and natural environment for human beings. Digital culture gives human beings new ways to solve existential problems, forming in this regard new dependences and risks for biosocioelectronical subjects developing within its conditions. First of all, internet-dependence refers to such risks. It enhances ‘existential vacuum’, axiological disorientation in the real sphere; deformation of interpersonal communication essence with the virtualization of its sensual and emotional aspects; appearance of new freedom forms of personality ethical choice, generated by virtual interaction. An existential approach to the understanding of e-culture allows us to determine the relation between deep ontological personality problems and new technology achievements of the digital age. (shrink)

In their recently published book Nudge (2008) Richard H. Thaler and Cass R. Sunstein (T&S) defend a position labelled as ‘libertarian paternalism’. Their thinking appeals to both the right and the left of the political spectrum, as evidenced by the bedfellows they keep on either side of the Atlantic. In the US, they have advised Barack Obama, while, in the UK, they were welcomed with open arms by the David Cameron's camp (Chakrabortty 2008). I will consider the following questions. What (...) is Nudge? How is it different from social advertisement? Does Nudge induce genuine preference change? Does Nudge build moral character? Is there a moral difference between the use of Nudge as opposed to subliminal images to reach policy objectives? And what are the moral constraints on Nudge? (shrink)

Changing preferencesis a phenomenonoften invoked but rarely properlyaccounted for. Throughout the history of the social sciences, researchers have come against the possibility that their subjects’ preferenceswere affected by the phenomenato be explainedor by otherfactorsnot taken into accountin the explanation.Sporadically, attempts have been made to systematically investigate these in uences, but none of these seems to have had a lasting impact. Today we are still not much further with respect to preference change than we were at the middle of the last (...) century. This anthology hopes to provide a new impulse for research into this important subject. In particular, we have chosen two routes to amplify this impulse. First, we stress the use of modellingtechniquesfamiliar from economicsand decision theory. Instead of constructing complex, all-encompassing theories of preference change, the authors of this volume start with very simple, formal accounts of some possible and hopefully plausible mechanism of preference change. Eventually, these models may nd their way into larger, empirically adequate theories, but at this stage, we think that the most importantwork lies in building structure.Secondly,we stress the importance of interdisciplinary exchange. Only by drawing together experts from different elds can the complex empirical and theoretical issues in the modelling of preference change be adequately investigated. (shrink)

Statements not only update our current knowledge, but also have other dynamic effects. In particular, suggestions or commands ?upgrade' our preferences by changing the current order among worlds. We present a complete logic of knowledge update plus preference upgrade that works with dynamic-epistemic-style reduction axioms. This system can model changing obligations, conflicting commands, or ?regret'. We then show how to derive reduction axioms from arbitrary definable relation changes. This style of analysis also has a product update version with preferences between (...) actions, as well as worlds. Some illustrations are presented involving defaults and obligations. We conclude that our dynamic framework is viable, while admitting a further extension to more numerical ?utility update'. (shrink)

According to the mixed lexicographic/additive account of ‘better than’ and similar aggregative value comparatives like ‘healthier than’, values are multidimensional and different aspects of a value are aggregated into an overall assessment in a lexicographic way, based on an ordering of value aspects. It is argued that this theory can account for an acceptable definition of Chang’s notion of parity and that it also offers a solution to Temkin’s and Rachels’s Spectrum Cases without giving up the transitivity of overall betterness. (...) Formal details and proofs are provided in an “Appendix”. (shrink)

In this article, monist values are expressed as preferences like in economics and decision making. On the basis of this formalization, various ways of defining value disagreement of agents within a group are investigated. Twelve notions of categorical value disagreement are laid out. Since these are too coarse-grained for many purposes, known distance-based approaches like Kendall’s Tau and Spearman’s footrule are generalized from linear orders to preorders and position-sensitive variants are developed. The account is further generalized to allow for agents (...) with incomplete information. The article ends with a discussion of known limitations of preference-based accounts of values and how these might be overcome by accounting for parity and essential incompleteness. It is also shown that one intuitively compelling notion of disagreement does not give rise to a proper distance measure. (shrink)

The concept of transformative decision rules provides auseful tool for analyzing what is often referred to as the`framing', or `problem specification', or `editing' phase ofdecision making. In the present study we analyze a fundamentalaspect of transformative decision rules, viz. permutability. A setof transformative decision rules is, roughly put, permutable justin case it does not matter in which order the rules are applied.It is argued that in order to be normatively reasonable, sets oftransformative decision rules have to satisfy a number ofstructural (...) conditions that together imply permutability. Thisformal result gives support to a non-sequential theory of framing,i.e., a theory which prescribes no uniform order in which differentsteps in the framing process have to be performed. (shrink)

A transformative decision rule alters the representation of a decision problem, either by changing the set of alternative acts or the set of states of the world taken into consideration, or by modifying the probability or value assignments. A set of transformative decision rules is order-independent in case the order in which the rules are applied is irrelevant. The main result of this paper is an axiomatic characterization of order-independent transformative decision rules, based on a single axiom. It is shown (...) that the proposed axiomatization resolves a problem observed by Teddy Seidenfeld in a previous axiomatization by Peterson. (shrink)

It is commonly assumed that preferences are determinate; that is, that an agent who has a preference knows that she has the preference in question and is disposed to act upon it. This paper argues the dubiousness of that assumption. An account of indeterminate preferences in terms of self-predicting subjective probabilities is given, and a decision rule for choices involving indeterminate preferences is proposed. Wolfgang Spohn’s and Isaac Levi ’s arguments against self-predicting probabilities are also considered, in light of Wlodek (...) Rabinowicz’s recent criticism. (shrink)

This paper presents an axiomatization of the principle of maximizing expected utility that does not rely on the independence axiom or sure-thing principle. Perhaps more importantly the new axiomatization is based on an ex ante approach, instead of the standard ex post approach. An ex post approach utilizes the decision maker's preferences among risky acts for generating a utility and a probability function, whereas in the ex ante approach a set of preferences among potential outcomes are on the input side (...) of the theory and the decision maker's preferences among risky acts on the output side. (shrink)

One family of maximizing act consequentialist theories are actualist direct theories. Indeed, historically there are at least three different forms of actualist direct consequentialism (due to Bentham, Moore, and contemporary consequentialists). This paper is about the logical differences between these three actualist direct theories and the differences between actualist direct theories and their competitors. Three main points emerge. First, the sharpest separation between actualist direct theories and their competitors concerns the so-called inheritance principle. Second, there are a myriad of other (...) logical differences among actualist direct theories. Third, one theory (Moore's theory) stands out among actualist direct theories because it entails a variety of logical principles. This fact may count in favor of that theory. (shrink)

A transformative decision rule transforms a given decision probleminto another by altering the structure of the initial problem,either by changing the framing or by modifying the probability orvalue assignments. Examples of decision rules belonging to thisclass are the principle of insufficient reason, Isaac Levi'scondition of E-admissibility, the de minimis rule, andthe precautionary principle. In this paper some foundationalissues concerning transformative decision rules are investigated,and a couple of formal properties of this class of rules areproved.

Although stability is a central notion in several academic disciplines, the parallelsremain unexplored since previous discussions of the concept have been almostexclusively subject-specific. In the literature we have found three basic conceptsof stability, that we call constancy, robustness, and resilience. They are all foundin both the natural and the social sciences. To analyze the three concepts we introducea general formal framework in which stability relates to transitions between states. Itcan then be shown that robustness is a limiting case of resilience, (...) whereas neitherconstancy nor resilience can be defined in terms of the other. Hence, there are twobasic concepts of stability, both of which are used in both the social and the naturalsciences. This congruence in the concepts of stability is of particular interest forendeavours to construct models that represent both natural and social phenomena. (shrink)

When presented with a situation involving an agent’s choice between alternative actions, a moral oracle says what the agent is allowed to do. The oracle bases her advice on some moral theory, but the nature of that theory is not known by us. The moral oracle’s test consists in determining whether a series of questions to the oracle can be so constructed that her answers will reveal which of two given types of theories she adheres to. The test can be (...) applied to moral theories in order to determine if they differ in their recommendations for action. Based on this test, a terminology is developed to specify different forms and degrees of distinguishability between moral theories, or types of theories, in terms of their recommendations for action. In conclusion, the test is applied to consequentialism and utilitarianism. (shrink)

Although choice and preference are distinct categories, it may in some contexts be a useful idealization to treat choices as fully determined by preferences. In order to construct a general model of such preference-based choice, a method to derive choices from preferences is needed that yields reasonable outcomes for all preference relations, even those that are incomplete and contain cycles. A generalized choice function is introduced for this purpose. It is axiomatically characterized and is shown to compare favourably with alternative (...) constructions. (shrink)

Mainstream moral theories deal with situations in which the outcome of each possible action is well-determined and knowable. In order to make ethics relevant for problems of risk and uncertainty, moral theories have to be extended so that they cover actions whose outcomes are not determinable beforehand. One approach to this extension problem is to develop methods for appraising probabilistic combinations of outcomes. This approach is investigated and shown not to solve the problem. An alternative approach is then developed. Its (...) starting-point is that everyone has a prima facie moral right not to be exposed to risk. However, this right can be overridden if the risk-exposure is part of an equitable system for risk-taking that works to the advantage of the individual risk-exposed person. (shrink)

A value statement such as “she is a good teacher” is categoryspecified, i.e., the criteria of evaluation are specified as those that are applicable to a given category, in this case the category of teachers. In this study of categoryspecified value statements, certain categories are identified that cannot be used to specify value aspects. Special attention is paid to categories that are constituted by functional characteristics. The logical properties of value statements that refer to such categories are shown to differ (...) significantly from the corresponding properties in social choice theory. (shrink)

Kurt Gödel’s version of the Ontological Proof derives rather than assumes the crucial Possibility Claim: the claim that it is possible that something God-like exists. Gödel’s derivation starts off with a proof of the Possible Instantiation of the Positive: the principle that, if a property is positive, it is possible that there exists something that has that property. I argue that Gödel’s proof of this principle relies on some implausible axiological assumptions but it can be patched so that it only (...) relies on plausible principles. But Gödel’s derivation of the Possibility Claim also needs a substantial axiological assumption, which is still open to doubt. (shrink)

Desires matter. What are desires? Many believe that desire is a motivational state: desiring is being disposed to act. This conception aligns with the functionalist approach to desire and the standard account of desire's role in explaining action. According to a second influential approach, however, desire is first and foremost an evaluation: desiring is representing something as good. After all, we seem to desire things under the guise of the good. Which understanding of desire is more accurate? Is the guise (...) of the good even right to assume? Should we adopt an alternative picture that emphasizes desire's deontic nature? What do neuroscientific studies suggest? -/- Essays in the first section of the volume are devoted to these questions, and to the puzzle of desire's essence. In the second part of the volume, essays investigate some implications that the various conceptions of desire have on a number of fundamental issues. For example, why are inconsistent desires problematic? What is desire's role in practical deliberation? How do we know what we want? -/- This volume will contribute to the emergence of a fruitful debate on a neglected, albeit crucial, dimension of the mind. (shrink)

The thesis defended, the “guise of the ought”, is that the formal objects of desires are norms (oughts to be or oughts to do) rather than values (as the “guise of the good” thesis has it). It is impossible, in virtue of the nature of desire, to desire something without it being presented as something that ought to be or that one ought to do. This view is defended by pointing to a key distinction between values and norms: positive and (...) negative norms (obligation and interdiction) are interdefinable through negation; positive and negative values aren’t. This contrast between the norms and values, it is argued, is mirrored, within the psychological realm, by the contrast between the desires and emotions. Positive and negative desires are interdefinable through negation, but positive and negative emotions aren’t. The overall, Meinongian picture suggested is that norms are to desires what values are to emotions. (shrink)

This chapter presents a new semantics for inductive empirical knowledge. The epistemic agent is represented concretely as a learner who processes new inputs through time and who forms new beliefs from those inputs by means of a concrete, computable learning program. The agent’s belief state is represented hyper-intensionally as a set of time-indexed sentences. Knowledge is interpreted as avoidance of error in the limit and as having converged to true belief from the present time onward. Familiar topics are re-examined within (...) the semantics, such as inductive skepticism, the logic of discovery, Duhem’s problem, the articulation of theories by auxiliary hypotheses, the role of serendipity in scientific knowledge, Fitch’s paradox, deductive closure of knowability, whether one can know inductively that one knows inductively, whether one can know inductively that one does not know inductively, and whether expert instruction can spread common inductive knowledge—as opposed to mere, true belief—through a community of gullible pupils. (shrink)

The paper discusses the notion of reasoning with comparative moral judgements (i.e judgements of the form “act a is morally superior to act b”) from the point of view of several meta-ethical positions. Using a simple formal result, it is argued that only a version of moral cognitivism that is committed to the claim that moral beliefs come in degrees can give a normatively plausible account of such reasoning. Some implications of accepting such a version of moral cognitivism are discussed.

Carlos Eduardo Alchourrón y Eugenio Bulygin efectuaron contribuciones de fundamental importancia para el desarrollo de la teoría de los sistemas jurídicos. Sus ideas evidencian una evolución de la presentación de una visión estática a una visión dinámica de tales sistemas. El objetivo central del presente trabajo consiste en mostrar que existe, no obstante, una cierta tensión en las tesis sostenidas por los autores entre dos concepciones diferentes de los sistemas jurídicos: por una parte, aquella que trata de reconstruir el conjunto (...) de las normas que resultan relevantes para la solución de un caso; por la otra, aquella que trata de ofrecer una caracterización satisfactoria del derecho como institución. Las diferentes finalidades que cada una de esas reconstrucciones persiguen obligan a refinar algunas ideas vinculadas con la dinámica del derecho para evitar derivaciones incompatibles con las intuiciones jurídicas ordinarias. Carlos Eduardo Alchourrón and Eugenio Bulygin have made contributions of fundamental importance for the development of the theory of legal systems. Their ideas reflex an evolution from a static to a dynamic vision of such systems. The main purpose of the present paper is to show that, notwithstanding, there exists a certain tension in the thesis defended by Alchourrón and Bulygin between two different conceptions of a legal system. On the one hand, a conception related to the reconstruction of the set of relevant norms to solve a certain case; on the other, a conception related to a satisfactory characterization of law as an institution. The different concerns of each of those reconstructions force to refine certain ideas associated with the dynamics of law to avoid derivations which appear incompatible with ordinary legal intuitions. (shrink)

Some things have positive value and some things have negative value. The things with positive value are good and the things with negative value are bad. There are also things in-between that are neither good nor bad, which are neutral. All in all, then, there are three monadic value predicates: “good,” “bad,” and “neutral.”.