Quelle différence y a-t-il entre des règles de droit et des ordres appuyés de menaces? Qu'est-ce qu'une obligation juridique et en quoi se trouve-t-elle apparentée à une obligation morale? Quelle est la nature des règles et dans quelle mesure le droit consiste-t-il en des règles? Qu'est-ce que la justice et en quoi diffère-t-elle du reste de la morale?Au cours d'une discussion approfondie et séparée de ces problèmes récurrents, l'auteur relève une série d'éléments d'une importance essentielle pour la compréhension du droit, (...) et réalise un nouveau départ dans la théorie du droit. L'ouvrage comporte une nouvelle analyse des notions de validité juridique, de souveraineté, et de fondement d'un système juridique, un nouvel examen du droit naturel et du positivisme juridique, une discussion originale des limites du formalisme dans l'élaboration de la décision judiciaire, et un examen de la nature du droit international.Le texte est complété par des notes bibliographiques détaillées et la discussion de thèses émises par des auteurs contemporains et plus anciens. Cette deuxième édition s'accompagne en outre d'une postface posthume, publiée sous la responsabilité de P.A. Bulloch et J. Raz. (shrink)

Facial electromyography research shows that corrugator supercilii ('frowning muscle') activity tracks the emotional valence of linguistic stimuli. Grounded or embodied accounts of language processing take such activity to reflect the simulation or ‘reenactment’ of emotion, as part of the retrieval of word meaning (e.g., of “furious”) and/or of building a situation model (e.g., for “Mark is furious”). However, the same muscle also expresses our primary emotional evaluation of things we encounter. Language-driven affective simulation can easily be at odds with the (...) reader’s affective evaluation of what language describes (e.g., when we like Mark being furious). To examine what happens in such cases, we independently manipulated simulation valence and moral evaluative valence in short narratives. Participants first read about characters behaving in a morally laudable or objectionable fashion: this immediately led to corrugator activity reflecting positive or negative affect. Next, and critically, a positive or negative event befell these same characters. Here, the corrugator response did not track the valence of the event, but reflected both simulation and moral evaluation. This highlights the importance of unpacking coarse notions of affective meaning in language processing research into components that reflect simulation and evaluation. Our results also call for a re-evaluation of the interpretation of corrugator EMG, as well as other affect-related facial muscles and other peripheral physiological measures, as unequivocal indicators of simulation. Research should explore how such measures behave in richer and more ecologically valid language processing, such as narrative; refining our understanding of simulation within a framework of grounded language comprehension. (shrink)

No consensus yet exists on how to handle incidental fnd-ings in human subjects research. Yet empirical studies document IFs in a wide range of research studies, where IFs are fndings beyond the aims of the study that are of potential health or reproductive importance to the individual research participant. This paper reports recommendations of a two-year project group funded by NIH to study how to manage IFs in genetic and genomic research, as well as imaging research. We conclude that researchers (...) have an obligation to address the possibility of discovering IFs in their protocol and communications with the IRB, and in their consent forms and communications with research participants. Researchers should establish a pathway for handling IFs and communicate that to the IRB and research participants. We recommend a pathway and categorize IFs into those that must be disclosed to research participants, those that may be disclosed, and those that should not be disclosed. (shrink)

Dissociative identity disorder (DID; called multiple personality disorder in DSMIII-R) is a psychiatric condition in which two or more identity states recurrently take control of the person's behavior. A characteristic feature of DID is the occurrence of apparently severe amnestic symptoms. This paper is concerned with experimental research of memory function in DID and focuses on between-identity transfer of newly learned neutral material. Previous studies on this subject are reviewed and a pilot study with four subjects is described. This study (...) is specifically concerned with the question whether self-reported asymmetries in between-identity transfer can be replicated on experimental memory tests. A secondary aim was to examine whether, in the absence of explicit transfer, implicit transfer of information would occur. The results showed that the apparent amnestic asymmetry for explicit information was substantiated in the laboratory, although at least some leakage was present between the apparently amnestic identities. No evidence was found for better performance on implicit than on explicit memory tests in the apparently amnestic identities. In the discussion, parallels between apparent amnesia in DID and state-dependent memory are drawn, and the question of simulated amnesia is addressed. (shrink)

What is human finitude? What is objectivity? What is culture? What is truth? Reading Across the Divide brings together critical essays from the continental and analytic traditions in philosophy. The selection is geared towards a better understanding of philosophical problems by combining the perspectives from both sides of the divide between analytic and continental philosophy. The specific ordering of the texts and the short introductions to them facilitate this better understanding. Although it is true that the introductions, selections of texts, (...) and the ordering of them could be seen to imply a particular philosophical interpretation, the editors are adamant that this is by no means the only possible view. The editors do take a firm stance against what they take to be the infertile political division in philosophy between analytic and continental philosophy. (shrink)

Rechtsfilosofische studie over de Italiaanse denker (1668-1744).

In a serial reaction time task, procedural memory was examined in Dissociative Identity Disorder . Thirty-one DID patients were tested for inter-identity transfer of procedural learning and their memory performance was compared with 25 normal controls and 25 controls instructed to simulate DID. Results of patients seemed to indicate a pattern of inter-identity amnesia. Simulators, however, were able to mimic a pattern of inter-identity amnesia, rendering the results of patients impossible to interpret as either a pattern of amnesia or a (...) pattern of simulation. It is argued that studies not including DID-simulators or simulation-free memory tasks, should not be taken as evidence for amnesia in DID. (shrink)

This dissertation argues that recent theoretical attempts to understand fallacious reasoning fail because these theories presuppose problematic accounts of the nature of argument. Current fallacy theories agree that a fallacy is a mistake, but differ wildly about what sort of mistake it is. Chapters one through three explore three very different suggestions. Chapter one is devoted to an examination of the oldest of the modern theoretical accounts of fallacious reasoning, what Hamblin calls the standard treatment. Chapter two begins with a (...) discussion of Finocchiaro's skeptical argument against the very possibility of a fallacy theory. It then turns to a discussion of van Eemeren and Grootendorst's pragma-dialectical treatment of fallacious reasoning as a possible response to Finocchiaro's skeptical challenge. Chapter three examines two epistemic responses to Finocchiaro's analysis: Fogelin and Duggan's frequency treatment and Wreen's mistaken inference treatment. The first three chapters set the stage for an alternative account of fallacies developed in chapter four. This alternative view of fallacious reasoning is consistent with Wright's recent work on the concept of an argument. It suggests that fallacious reasoning results from a kind of incompetency. Such failures of competency, however, are not nearly as common as traditional accounts of fallacious reasoning suggests. Moreover, the very possibility of being tempted by fallacious reasoning depends on our being very competent in normal cases. Chapter four ends with a discussion of some of the implications of this alternative theory of fallacious reasoning for the way we understand and teach argument and reasoning. (shrink)

In their upcoming article, Henk Jasper van Gils-Schmidt and Sabine Salloch highlight the supposed responsibilities of healthcare professionals in addressing the global health challenges posed by climate change. They argue that healthcare professionals’ duties to future generations and their ‘climate-related obligations’ have been neglected, primarily due to potential conflicts with other responsibilities, such as providing optimal care to current patients and maintaining patient trust. The authors suggest that these competing obligations should be viewed as part of the multifaceted identities individuals (...) hold, encompassing roles as both physicians and environmentalists, each with normative and competing commitments. They propose that a transformative shift in physicians’ professional ethos, expanding from the predominant focus on individual patients to include obligations towards climate protection, could pave the way for identifying effective mechanisms to address these challenges. While acknowledging the authors’ emphasis on sustainable healthcare practices, we argue that a duty to climate protection as part of healthcare professionals’ identity lacks ethical support. We identify serious concerns that stem from the transformative shift in physicians’ professional ethos, particularly in the authors’ presentation of reasons for action. First, envisaging a stable disposition that compels healthcare professionals to ensure optimal care conditions for both immediate and potential future encounters is unrealistic. Such a scenario would necessitate a nuanced and multifaceted evaluation, weighing …. (shrink)

In the footsteps of Betty Mahmoody's book Not Without My Daughter, a raft of other western women wrote books about their mixed marriages with men from other continents. The men are mainly orientals. All these women have seen their marriages fail. Although most of them admit they made a wrong choice, they do not necessarily portray their former husbands as unreliable characters and themselves as heroines. The life stories cannot be read from such a narrow perspective. These authors should take (...) credit for supplying valuable information about family life in oriental culture, as well as the dynamics of cross-cultural marriages. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Discover the Unknown Chekhov in Your ESL ClassroomNinah Beliavsky (bio)I was born in Moscow, ate aladushki, and listened to my mother read Chekhov in Russian. Kashtanka, a tale about a young, ginger-colored pup who gets lost, made me cry. And when I read about the death of Ivan Dmitrich Kreepikov, in The Death of a Civil Servant, I did not know whether to laugh or to cry. The poor (...) civil servant was sitting and watching an opera in a theater when all of a sudden he sneezed and spattered an old gentlemen, General Shpitzalov, in front of him. Now, as Chekhov writes, sneezing is not prohibited to any one or in any place; peasants sneeze, and even the chiefs of police sneeze. But, you see, the poor civil servant, being very much rank-conscious, could no longer live with himself after committing such a misconduct. He apologized profusely and went home, and without taking off his uniform, he lay down on the sofa, and... died.And what about Van'ka Zhukov, an orphan boy of nine apprenticed to a shoemaker who is being beaten and overworked. He writes a letter to his grandfather on Christmas Eve, begging him for the dear Lord's sake to take him away from his misery. After scratching his head and thinking for a moment, he dips his pen in ink and addresses his envelope: "The Village. To Grand Dad." He then dashes out into the street and pushes his precious letter through the opening of the postbox...The second part of my childhood I spent in Jerusalem; there I ate falafel with humus, was obsessed with perfecting the pronunciation of the Hebrew guttural "r," and read Miriam Yalan Shtekelis's children's poetry, which was filled with magical objects that laughed and cried. By the time I was in high school I was living in Milwaukee, eating fries and ice cream sundaes and reading O. Henry.The literature that one comes in contact with during childhood and young [End Page 101] adulthood is often deeply engraved on a person's psyche. It is similar to an adult craving sweets because of the psychological association with her childhood and a safe and protected environment. We tend to think back to the "good old days" because we find comfort in our past. Today, as an adult, a wife, and a mother, I often find refuge in my childhood memories. And, like most people, much of what I encounter and read today I tend to associate with my past. If I come across a story that I heard in my childhood, as I search for something new and amusing to give to my college English-as-a-Second-Language (ESL) students, I try to incorporate it into my curriculum. A few years ago I came across the story The Necklace by Guy de Mappassant and immediately recalled reading it in my adolescence. This story brought back the warm memories of home that I felt would be understood and identified with by my foreign students. Today, this story is one of my students' favorites. By using stories from my own past, I feel that I can bring to my class discussions a unique perspective—my own recollections and feelings and an interpretation not only academic in nature but also personal. Often, my international students will recall hearing or reading some of the same stories (that I bring to class) in their childhood, in their native tongues, and thus these stories will not seem out of context anymore because there will be a sense of connection.I teach ESL to college students—reading and writing at the intermediate and advanced levels. Aside from following the standard curriculum of using grammar and writing textbooks, I bring to my ESL classes music, opera, art, young adult novels by American writers, and short stories by both international and American writers. For instance, my students enjoy reading O. Henry's "The Christmas Present," "The Last Leaf," and "The Two Thanksgiving Day Gentlemen." These stories are about real people—just like my students—they are about everyday events, they are humorous and tragic in nature, and they have an unexpected twist... (shrink)

The article compares the attitude of the Irish Fianna Fait, the Flemish Volksunie, and the coalition of the Rassemblement Wallon and the Francophone Brussels' PDF, towards Europe and their programmes for the European elections.These parties do not define themselves on a socio-economic or religious basis, as most of the other European political parties do, but give ideological priority to the ethnic or national factor. Does this imply a common and distinctive attitude to European integration?The answer must be no; they disagree (...) not only on sectoral policies, but their fundamental outlook is different. FDF-RW and VU, on the one hand, though bitter opponents on the national level, both favour a federal Europe, in order to promote autonomy for their respective regions.Fianna Fait on the other hand, white recognizing the political and economic importance of Europe, is sceptical on the institutional level. Fianna Faits approach is essentially pragmatic, being a government party identifying its interests with the national interest, whereas the Belgian federalists cannot identify themselves with the existing Belgian state. Therefore it is unlikely at present that Fianna Fait wilt leave its European allies - the Gaullists - to join a hypothetic regionalist grouping in European Parliament. (shrink)

A substantial amount of recent work in natural language generation has focused on the generation of ‘‘one‐shot’’ referring expressions whose only aim is to identify a target referent. Dale and Reiter's Incremental Algorithm (IA) is often thought to be the best algorithm for maximizing the similarity to referring expressions produced by people. We test this hypothesis by eliciting referring expressions from human subjects and computing the similarity between the expressions elicited and the ones generated by algorithms. It turns out (...) that the success of the IA depends substantially on the ‘‘preference order’’ (PO) employed by the IA, particularly in complex domains. While some POs cause the IA to produce referring expressions that are very similar to expressions produced by human subjects, others cause the IA to perform worse than its main competitors; moreover, it turns out to be difficult to predict the success of a PO on the basis of existing psycholinguistic findings or frequencies in corpora. We also examine the computational complexity of the algorithms in question and argue that there are no compelling reasons for preferring the IA over some of its main competitors on these grounds. We conclude that future research on the generation of referring expressions should explore alternatives to the IA, focusing on algorithms, inspired by the Greedy Algorithm, which do not work with a fixed PO. (shrink)

Together with the city council elections, the citizens of Antwerp elected on 8 October 2000 nine district councils. This new decentralised political level is primarily initiated to restore the confidence of the citizens in the city government. By analysing the results of the city and the district elections we try to find indications whether citizens feel closer to their new district governments or not. Apparently district elections resulted neither in a higher voter turn-out, nor in less blank votes. Nevertheless, there (...) is a significant correlation of voter turn-out and blank votes with population of the districts. And although the differences between the electoral results of the city elections and the district elections are not huge, a different political landscape comes more or less into existence in the several districts. Quite surprisingly the number of list votes is higher on the district elections than on the city elections, while we would have expected a higher number of preferential votes. Correctingfor incumbents and famous candidates on the lists, our initial expectations hold much better. Generally spoken, we can conclude that the district elections do not give much proof of a closer connection between the citizens and the city government. Nevertheless we find some important differences between the districts. (shrink)

Two basic models of law and morality -- Essentially ambiguous concepts -- The debate between Fuller, Hart, and Dworkin -- The relations between law and morality -- A pluralist framework -- What is Legal Interactionism? -- Understanding the dynamics of law --Three apparent anomalies in modern law -- The necessary and contingent relationship between law and morality.

Lon Fuller, one of the great American jurists of this century, is often remembered only for his stand on the morality of law in the Fuller-Hart debate. Rediscovering Fuller considers the full range of Fuller's writings, from his early engagement with legal fictions and his critique of legal positivism to his later work on implicit law and the art of institutional design. Contributors from the fields of both civil law and common law argue that Fuller's insights are highly relevant (...) to contemporary concerns. The book contains essays by K. Winston, D. Dyzenhaus, P. Cliteur, F. Schauer ("Beyond the Fuller-Hart Debate"), P. Westerman, W. van der Burg, D. Luban ("Moralities of Law"), G. Postema, P. Teachout ("Implicit Law"), R. Macdonald, W. Witteveen, J. Allison, M. Hertogh, K. Soltan ("The Art of Institutional Design"), J. Allan, F. Mootz, J. Vining ("Law's Dialogue"), and a preface by Ph. Selznick. "At some point in the future, when we become more open to the moral relevance of social inquiry, more empirical in our study of philosophical issues, more capable of uniting moral and social theory, Lon Fuller's work will stand as a landmark. This volume will help show the way." —Ph. Selznick. (shrink)

(1976). PROBABILITY, LIKELIHOOD AND SUPPORT: A METAMATHEMATICAL APPROACH TO A SYSTEM OF AXIOMS FOR UPPER AND LOWER DEGREES OF BELIEF. Philosophical Papers: Vol. 5, No. 2, pp. 153-161.

A structure which generalizes formulas by including substitution terms is used to represent proofs in classical logic. These structures, called expansion trees, can be most easily understood as describing a tautologous substitution instance of a theorem. They also provide a computationally useful representation of classical proofs as first-class values. As values they are compact and can easily be manipulated and transformed. For example, we present an explicit transformations between expansion tree proofs and cut-free sequential proofs. A theorem prover which represents (...) proofs using expansion trees can use this transformation to present its proofs in more human-readable form. Also a very simple computation on expansion trees can transform them into Craig-style linear reasoning and into interpolants when they exist. We have chosen a sublogic of the Simple Theory of Types for our classical logic because it elegantly represents substitutions at all finite types through the use of the typed -calculus. Since all the proof-theoretic results we shall study depend heavily on properties of substitutions, using this logic has allowed us to strengthen and extend prior results: we are able to prove a strengthen form of the firstorder interpolation theorem as well as provide a correct description of Skolem functions and the Herbrand Universe. The latter are not straightforward generalization of their first-order definitions. (shrink)

In order that a degree-of-belief function be coherent it is necessary and sufficient that it satisfy the axioms of probability theory. This theorem relies heavily for its proof on the two-valued sentential calculus, which emerges as a limiting case of a continuous scale of truth-values. In this "continuum of certainty" a theorem analogous to that instanced above is proved.

Interest in the Keynesian concept of evidential weight has led to divergent views concerning the burden of proof in adjudication. It is argued that Keynes's concept is properly engaged only in the context of one special kind of decision, the decision whether or not the evidence is ripe for a decision on the underlying merits, whether the latter decision is based on probability, relative plausibility, coherence or otherwise. As a general matter, this question of ripeness is appropriately assigned to the (...) judiciary for resolution as part of the burden of production, rather than to the jury or other factfinder as part of the burden of persuasion. (shrink)

Concepts such as law, religion or morality may refer both to a practice (or process) and to a doctrine (or product). My thesis is that we should not regard these as separate phenomena, but as two partly incompatible models of the same phenomenon. Law, religion and morality are therefore essentially ambiguous concepts (EAC). An EAC is a concept which refers to a dynamic phenomenon that may only be described and modeled in at least two different ways that are each essentially (...) incomplete and which are partly incompatible with each other. This means that we have to choose between either an incomplete description or an incoherent one. An EAC resembles an essentially contested concept (ECC) as both allow of conflicting conceptions. However, for an ECC the explanation of pluralism lies in the evaluative character of the concept, for an EAC it lies in the dynamic character of the phenomenon. The insight that many of our social concepts are essentially ambiguous may provide a better understanding of social and customary rules and of the debate between legal positivism and its opponents. I reconstruct the positions of three contributors to this debate, Fuller, Hart and Dworkin. An EAC framework offers a better insight into their theories, highlights the deficiencies, and explains why their debates were characterized by serious misunderstandings. (shrink)

A solution to the sorites paradox is obtained by distinguishing three formats of the sorites argument and appraising them in the light of four fundamental considerations: (i) the appropriate notion of truth for the application of vague predicates to their borderline cases, (ii) a certain construal of borderline cases, (iii) a certain freedom of use of vague terms not enjoyed by non-Vague terms and (iv) the revocation of that freedom by deductive contexts.

In an article “Countering a Counter-intuitive Probability” [4], Lynn E. Rose discusses a question in conditional probability, claiming that the following problem posed by Copi [1] is usually incorrectly solved:Remove all cards except aces and kings from a deck, so that only eight cards remain, of which four are aces and four are kings. From this abbreviated deck, deal two cards to a friend. If he looks at his cards and announces that his hand contains an ace, what is the (...) probability that both his cards are aces? If he announces instead that one of his cards is the ace of spades, what is the probability then that both his cards are aces? (shrink)

Critical Legal Studies poses a direct and expressed challenge to the basic tenets of American legal education and scholarship. Critical Legal Studies postulates that law is not a scientific exercise involving the application of objective principles, but rather a creative process involving the selection of conflicting rules which has the effect of reinforcing the existing political order. In an effort to explain the contribution of Critical Legal Studies to argumentation theory, this essay briefly discusses the role of legal reasoning in (...) the American legal system, describes and critiques Legal Positivism, lays the intellectual foundation for Critical Legal Studies, and considers the implications that this conception of jurisprudence has for argumentation theory. (shrink)

In classical Greek poetry there is a familiar distinction between verse which repeats line upon line, and that which forms patterns liable to closure at intervals, in stanzas or lyric sections. This is often equated with the distinction between spoken and sung verse, but the equation is only approximate. At an earlier stage all verse had some musical accompaniment—so much can be deduced from a number of passages in Homer, and is in any case implicit in the nature of quantitative (...) verse. By Hellenistic times it seems that, in new composition, the more complex lyric structures had died out, while of the simpler ones more and more were being taken over as spoken verse. In the fifth century—and this can probably be extended to at least the late sixth and most of the fourth—only two kinds of verse are known to have dispensed with music altogether in performance: the heroic hexameter and the iambic trimeter. (shrink)

In classical Greek poetry there is a familiar distinction between verse which repeats line upon line, and that which forms patterns liable to closure at intervals, in stanzas or lyric sections. This is often equated with the distinction between spoken and sung verse, but the equation is only approximate. At an earlier stage all verse had some musical accompaniment—so much can be deduced from a number of passages in Homer, and is in any case implicit in the nature of quantitative (...) verse. By Hellenistic times it seems that, in new composition, the more complex lyric structures had died out, while of the simpler ones more and more were being taken over as spoken verse. In the fifth century—and this can probably be extended to at least the late sixth and most of the fourth—only two kinds of verse are known to have dispensed with music altogether in performance: the heroic hexameter and the iambic trimeter. (shrink)

Text, interpretation and metre present a tangled problem in this threnody, and the solutions of editors differ widely. The chief function of detailed metrical study in such corrupt passages of lyric is to weight the scales in favour of—or more often against—certain methods of handling the text. The positive results of this present attempt to apply metrical criteria are necessarily modest and tentative; negatively they are, I think, sometimes decisive.