Classical logic is based on an underlying view of the world, according to which there are elementary facts and compound facts, which are logical combinations of these elementary facts. Sentences are true if they correspond to, in last instance, the elementary facts in the world. This world view has no place for rules, which exist as individuals in the world, and which create relations between the most elementary facts. As a result, classical logic is not suitable to deal with rules, (...) and is therefore unsuitable to deal with legal reasoning. A logic that is more suitable should take into account that law is a part of social reality, in particular a part that consists of constructivist facts, and that rules play a central role in law. This article gives a superficial description of how social reality exists and of the place of law and legal rules in it. It uses this description to argue that traditional techniques to reason with and about legal rules provide a better logic for law than classical logic. These techniques can be accommodated in a logic that treats rules as logical individuals. (shrink)

This contribution elaborates the idea that norms are rules that lead to deontic consequences. Rules are one kind of constraints on possible worlds. They determine which facts necessarily go together or cannot go together. Three kinds of rules are distinguished: dynamic rules which attach consequences to the occurrence of events, fact-to-fact rules which attach one fact to the presence of some other fact, and counts-as rules, which make that some things also count as something else. Deontic facts are facts that (...) tend to induce a motivation to comply with them in agents to which they apply. A distinction is made between two kinds of basic deontic facts—the existence of duties and of obligations—and two kinds of supervening deontic facts: being obligated and owing to do something. Some norms lead to obligations, and others impose duties. (shrink)

Even beginners and young graduate students will have something to learn from this book." (Andre Hautot, Physicalia, Vol. 57 (3), 2005)"All-in-all, this highly ...

Any account of “what is special about the human brain” (Passingham 2008) must specify the neural basis of our unique ability to produce speech and delineate how these remarkable motor capabilities could have emerged in our hominin ancestors. Clinical data suggest that the basal ganglia provide a platform for the integration of primate-general mechanisms of acoustic communication with the faculty of articulate speech in humans. Furthermore, neurobiological and paleoanthropological data point at a two-stage model of the phylogenetic evolution of this (...) crucial prerequisite of spoken language: (i) monosynaptic refinement of the projections of motor cortex to the brainstem nuclei that steer laryngeal muscles, presumably, as part of a “phylogenetic trend” associated with increasing brain size during hominin evolution; (ii) subsequent vocal-laryngeal elaboration of cortico-basal ganglia circuitries, driven by human-specificFOXP2mutations.;>This concept implies vocal continuity of spoken language evolution at the motor level, elucidating the deep entrenchment of articulate speech into a “nonverbal matrix” (Ingold 1994), which is not accounted for by gestural-origin theories. Moreover, it provides a solution to the question for the adaptive value of the “first word” (Bickerton 2009) since even the earliest and most simple verbal utterances must have increased the versatility of vocal displays afforded by the preceding elaboration of monosynaptic corticobulbar tracts, giving rise to enhanced social cooperation and prestige. At the ontogenetic level, the proposed model assumes age-dependent interactions between the basal ganglia and their cortical targets, similar to vocal learning in some songbirds. In this view, the emergence of articulate speech builds on the “renaissance” of an ancient organizational principle and, hence, may represent an example of “evolutionary tinkering” (Jacob 1977). (shrink)

Societies change; and sociology has, since its inception, described and evaluated these changes. This article proposes a revised theory of collective learning processes, a conceptual framework which addresses ways in which people make sense of and cope with change. Drawing on Habermas’ classic proposal, but shifting the focus from argumentation towards storytelling, it explains how certain articulations allow for collective learning processes (imagining more inclusive orders), while others block learning processes (imagining more exclusive orders). More specifically, the article points to (...) narrative genres (romance, tragedy, comedy and irony) which organize feelings and shape the social bond, proposing that ironic and tragic stories have the potential to trigger collective learning processes, while romantic and comic stories tend to block them. (shrink)

The word ‘empowerment’ has become a popular term, widely used as an important claim, also within the health services. In this paper the concept's philosophical roots are traced from Freire and his ‘Pedagogy of the Oppressed’ to the philosophical thoughts of Hegel, Habermas, and Sartre. An understanding of the concept, as a way to facilitate coping and well‐being in patients through reflection and dialogue, emerges. Within an empowerment strategy the important claim on the nurse and the patient will be to (...) reveal the patient's own resources and limitations in times with sickness and reduced functionality to promote the patient's choice to act and cope. From this point of view an education‐programme for the frail elderly is outlined. If the nurse wants to empower the elderly patient she has to be willing to be educated through the dialogue with the patient, and to look for the patient's own meaning of being frail and elderly. The coping and self‐care solutions for the patient may then even be different from the preferences of the nurse, and this does not mean that the empowerment strategy is a failure or that the patient then has to continue without the assistance from the nurse. Within an empowerment strategy, in the Freirerian sense, the important thing is that both the patient and the nurse together critically reflect on the meanings of the sickness so that the patient can be able to make his own conscious choices. (shrink)

In _The Idealism of Freedom_, Klaus Vieweg argues for a Hegelian turn in philosophy: Hegel’s idealism of freedom contains a number of epoch-making ideas that articulate a new understanding of freedom, which still shape contemporary philosophy.

This paper correlates community service goals from 82 business firms with various organizational characteristics, including goals, niches, structure, context, and performance. The results demonstrate that community-service goals are positively correlated with prestige goals, assets goals, superior-design niche, net assets size, and performance on income to net assets. Community-service goals, however, were not significantly correlated with profit goals, low-price niche, multiplicity of outputs, workflow continuity, qualifications, or centralization, as expected.

La menzogna è irrinunciabile per vincere in politica? Davi ci spiega quali sono i meccanismi di persuasione a cui ricorrono taluni politici per farsi eleggere e quali le responsabilità di quegli elettori che scelgono comunque di votare chi sostiene anche ciò che non può essere vero. È indubbio che la comunicazione politica si rifaccia al simbolismo e al linguaggio delle favole; non necessariamente per occultare la realtà, ma più direttamente per esprimere con maggiore efficacia il suo messaggio. Alle celebri favole (...) di 'Biancaneve', 'Cenerentola', 'Il brutto anatroccolo' sono ricorsi infatti uomini politici del calibro di Berlusconi, Prodi, Nixon, Carter, Mitterrand e partiti quali la Democrazia Cristiana; l'hanno fatto per conquistare voti ma anche per attivare ampi meccanismi di consenso che attingessero direttamente dall'inconscio collettivo. Le conseguenze - ammonisce l'autore - possono essere molto serie, come nel caso dell'attuale politica americana che ha portato la manipolazione e l'inganno a essere riconosciuti come tratti identitari della presidenza di George W. Bush. (shrink)

Im vorliegenden Buch stellt Klaus Oehler die Lehre vom noetischen und dianoetischen Denken bei Platon und Aristoteles dar und begründet damit erstmals die These, dass das für die neuzeitliche Philosophie zentrale Problem der Reflexion und des Selbstbewusstseins schon, wenn auch nicht in gleicher Weise, in der antiken Philosophie eine Rolle gespielt hat.

In this book, linguists and philosophers combine to offer a unique insight not only into Grice's contribution to philosophy of language, but on his theories of natural and non-natural meaning, implicatures and the semantic-pragmatic distinction.

We highlight the need to focus on the underlying determinants and production mechanisms to fully understand the nature of facial expression of emotion and to settle the theoretical debate about the meaning of motor expression. Although emotion theorists have generally remained rather vague about the details of the process, this has been a central concern of componential appraisal theories. We describe the fundamental assumptions and predictions of this approach regarding the patterning of facial expressions for different emotions. We also review (...) recent evidence for the assumption that specific facial muscle movements may be reliable symptoms of certain appraisal outcomes and that facial expressions unfold over time on the basis of a sequence of appraisal check results. (shrink)

Appraisal theories of emotion have had a strong impact on the development of theory and experimental research in the domain of the affective sciences. While there is generally a high degree of convergence between theorists in this tradition, some central issues are open to debate. In this contribution three issues have been chosen for discussion: (a) varieties of relevance detection, (b) varieties of valence appraisal, and (c) sequential-cumulative effects of appraisal results. In addressing these issues, new theoretical ideas are suggested (...) and an update of recent research on the sequence of appraisal processes is provided. Special emphasis is placed on nonverbal signatures of appraisal processes. (shrink)

I show that in his De motu animalium Aristoteles proposes a teleology of the practical on the most general zoological level, i.e. on the level common to humans and self-moving animals. A teleology of the practical is a teleological account of the highest practical goals of animal and human self-motion. I argue that Aristotle conceives of such highest practical goals as goals that are contingently related to their realizations. Animal and human self-motion is the kind of action in which certain (...) state of affairs that realize values are mechanized. (shrink)

Aus dem Inhalt: Die transzendentallogische Funktion des Ich (Klaus Hammacher). - Du formel au transcendental: remarques sur l'itineraire de Husserl et de Fichte (Therese Pentzopoulou-Valalas). - Fichte und das Problem des intelligiblen Fatalismus (Georg Wallwitz). - Die Philosophie in Freiheit setzen: Freiheitsbegriff und Freiheit des Begriffs bei Schelling (Felix Duque).

Zusammenfassung Der Beitrag analysiert auf der Basis theoretischer Überlegungen sowie empirischer Ergebnisse Möglichkeiten und Grenzen einer „interkulturellen Öffnung“ von Sportvereinen, worunter Strukturanpassungen verstanden werden, die auf die Inklusion und Integration von Personen mit Migrationshintergrund zielen. Es wird gezeigt, inwiefern eine nachhaltige interkulturelle Öffnung der Vereine von der programmatischen Anbindung an den Vereinszweck, von der kontinuierlichen Behandlung in den Kommunikationswegen, von spezifischen Personalentscheidungen und der Kompatibilität mit der Organisationskultur abhängig ist.

Vorwort. Das Verhältnis zwischen transzendentalphilosophischem Denkansatz und evolutionärer Erkenntnistheorie, Thema unserer Wuppertaler Tagung vom Dezember 1990, diskutiert dieser Band in seinen ersten beiden Teilen aus sehr...

This important and challenging book is the fruit of many years of engagement with Aristotle’s thinking about the soul-body relation by one of the most distingui.

We assume—in contrast to many “legal realists”—that law is a part of reality. Law exists because people believe in law, but law is not identical with beliefs. Law supervenes on human beliefs, preferences, actions, dispositions and artefacts. Moreover, the morally binding personal interpretation of the law supervenes on two things together: on the individual's knowledge of legal institutions and on moral obligation. The first supervenes in its turn on mutual beliefs; the second supervenes on motivations and dispositions of the individual, (...) provided that she is morally sensitive and rational. Personal interpretation of law converts into social law, if other persons on the basis of overriding reasons do not contest it. Morally binding social law supervenes on moral motivation that is triggered by institutions that supervene on mutual beliefs. (shrink)

Rule-applying legal arguments are traditionally treated as a kind of syllogism. Such a treatment overlooks the fact that legal principles and rules are not statements which describe the world, but rather means by which humans impose structure on the world. Legal rules create legal consequences, they do not describe them. This has consequences for the logic of rule- and principle-applying arguments, the most important of which may be that such arguments are defeasible. This book offers an extensive analysis of the (...) role of rules and principles in legal reasoning, which focuses on the close relationship between rules, principles, and reasons. Moreover, it describes a logical theory which assigns a central place to the notion of reasons for and against a conclusion, and which is especially suited to deal with rules and principles. (shrink)

This book is exceptional in the sense that it provides an introduction to law in general rather than the law of one specific jurisdiction, and it presents a unique way of looking at legal education. It is crucial for lawyers to be aware of the different ways in which societal problems can be solved and to be able to discuss the advantages and disadvantages of different legal solutions. In this respect, being a lawyer involves being able to reason like a (...) lawyer, even more than having detailed knowledge of particular sets of rules. Introduction to Law reflects this view by focusing on the functions of rules and on ways of arguing the relative qualities of alternative legal solutions. Where 'positive' law is discussed, the emphasis is on the legal questions that must be addressed by a field of law, and on the different solutions which have been adopted by, for instance, the common law and civil law tradition. The law of specific jurisdictions is discussed to illustrate possible answers to questions such as when the existence of a valid contract is assumed. (shrink)

Are the cognitive sciences relevant for law? How do they influence legal theory and practice? Should lawyers become part-time cognitive scientists? The recent advances in the cognitive sciences have reshaped our conceptions of human decision-making and behavior. Many claim, for instance, that we can no longer view ourselves as purely rational agents equipped with free will. This change is vitally important for lawyers, who are forced to rethink the foundations of their theories and the framework of legal practice. Featuring multidisciplinary (...) scholars from around the world, this book offers a comprehensive overview of the emerging field of law and the cognitive sciences. It develops new theories and provides often provocative insights into the relationship between the cognitive sciences and various dimensions of the law including legal philosophy and methodology, doctrinal issues, and evidence. (shrink)

Bd. 1. Einleitung, mittelhochdeutscher Text -- Bd. 2. Lateinische Quellen.

The goal of this paper is to propose a unified approach to the split scope readings of negative indefinites, comparative quantifiers, and numerals. There are two main observations that justify this approach. First, split scope shows the same kinds of restrictions across these different quantifiers. Second, split scope always involves low existential force. In our approach, following Sauerland, natural language determiner quantifiers are quantifiers over choice functions, of type <<,t>,t>. In split readings, the quantifier over choice functions scopes above other (...) operators (such as intensional verbs like must or can). Determiner quantifiers leave a choice-function trace when they move and this trace combines with the noun restriction, which is interpreted low. That split scope always involves low existential force is derived, without stipulation, from Kratzer’s idea that low existential force can be achieved via binding (into the noun restriction). (shrink)